Armenian constitutional referendum, 2005
Encyclopedia
The 2005 Armenian constitutional referendum took place in Armenia
on 27 November 2005. The referendum was on a series of changes to the constitution of Armenia
which were backed by the international community. The official results had a high turnout
and overwhelming support for the changes. However the opposition and election monitor
s said that there were serious irregularities with the referendum.
in 2001 changes to the 1995 constitution of Armenia were required. An earlier attempt at amending it were unsuccessful at a 2003 referendum
. The early drafts of a new constitution were criticised by the Venice Commission
of the Council of Europe but amendments were made in September 2005 to address their objections. The new constitution was passed by the National Assembly of Armenia
unanimously after the opposition parties boycotted the vote.
The changes to the constitution would transfer some powers from the President
to the National Assembly, the Prime Minister
and other ministers. The independence of the judiciary was meant to be strengthened by removing the President from the Council of Judges, which appoints the judges in Armenia. The amended constitution was intended to introduce more respect for human rights
and permit Armenians who live overseas to gain citizenship by allowing Armenians to be citizens of more than one nation. Other changes would give the President immunity from prosecution for most offences while in office, remove the requirement for a referendum to be held on any changes to the borders and make the mayoralty of Yerevan an elected post. Most of the changes to the constitution would come into effect after the next parliamentary elections
in 2007.
of Armenia. This requirement for a third of voters to vote became the biggest issue in the referendum with most talk over whether that turnout would be reached. Opinions polls for Yerevan
in July and September showed that there would only be a low turnout, with the September poll showing only 13% would definitely vote.
A coalition of 17 opposition parties came out against the changes in the constitution. They were opposed to some specific changes such as giving the president immunity and giving overseas Armenians citizenship. However their main opposition was based less on any specific clauses in the constitution, but because they said that the government which was proposing the changes was illegitimate. Their position was that the President Robert Kocharyan had come into, and stayed in, power through rigged elections
. The opposition called on voters to boycott the vote, to take part in civil disobedience
and tried to use the Rose Revolution
in Georgia
as an example. However the opposition had little access to the media
and their campaign saw widespread public apathy. An opposition rally in Yerevan on the weekend before the election saw only about 1,500 people take part, while another rally on the day before the election had a participation in the hundreds.
The government campaigned in favour of the constitution and attempted to get copies of the draft constitution to every family in Armenia in the weeks before the referendum. They confidently predicted success and President Kocharyan pledged to respect the results of the referendum.
The European Union
, United States
and Council of Europe all backed the proposed changes to the constitution. After the changes made to the proposed draft constitution in September 2005, the Venice Commission backed the changes, and the Council of Europe urged Armenians to vote in order to show their commitment to Europe. The United States said that the changes would strengthen the institutions in Armenia. As the election neared the British Council
sponsored a "Rock the Referendum" concert to try and increase voter interest.
Few international Election monitors observed the referendum, with only 12 coming from the Council of Europe. The Organization for Security and Co-operation in Europe
(OSCE) did not send any observers as they said they had not received any invitation from the government of Armenia. The Armenian government's position was that the OSCE's Office for Democratic Institutions and Human Rights
had no mandate to observe referendums. A local group, Choice is Yours, did arrange for around 2,000 Armenians to monitor the referendum.
of over 65% of the electorate with an overwhelming yes vote, thus easily meeting the required level. This turnout level was one of the highest in Armenia's post-soviet history.
The opposition said that there was massive ballot stuffing
and that turnout in reality was only 16 to 21% of the electorate. The observers from the Council of Europe reported that there were serious abuses in the referendum and said that the official turnout figures did not match reality. However they did believe that the required 33% turnout level was probably met. The United States State Department
called on the government to investigate abuses in the referendum while the European Union expressed concern. Neither, however, supported the protests that the opposition were calling for.
President Kocharyan described the result as "a great victory in the strengthening of democracy and the making of civil society in Armenia." The governing political parties in Armenia also described the referendum as a success and said that any problems with the referendum would not have affected the result. Some government members and supporters expressed concerns including, Hranush Kharatian, the head of the government department of ethnic minorities
and religious affairs and Alvard Petrosian, a deputy
from the governing Armenian Revolutionary Federation
party. The head of the Central Electoral Commission certified the results but with the opposition members of the commission disagreeing.
Armenia
Armenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
on 27 November 2005. The referendum was on a series of changes to the constitution of Armenia
Constitution of Armenia
The Constitution of Armenia was adopted by a nationwide referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the...
which were backed by the international community. The official results had a high turnout
Voter turnout
Voter turnout is the percentage of eligible voters who cast a ballot in an election . After increasing for many decades, there has been a trend of decreasing voter turnout in most established democracies since the 1960s...
and overwhelming support for the changes. However the opposition and election monitor
Election monitoring
Election monitoring is the observation of an election by one or more independent parties, typically from another country or a non-governmental organization , primarily to assess the conduct of an election process on the basis of national legislation and international standards. There are national...
s said that there were serious irregularities with the referendum.
Background
As part of Armenia's commitment on joining the Council of EuropeCouncil of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
in 2001 changes to the 1995 constitution of Armenia were required. An earlier attempt at amending it were unsuccessful at a 2003 referendum
Armenian constitutional referendum, 2003
A constitutional referendum was held in Armenia on 25 May 2003. The constitutional changes would remove some powers from the president, and were narrowly approved by 50.56% of voters, with a 52.1% turnout. However, the results were invalidated, as the number of votes in favour of the changes was...
. The early drafts of a new constitution were criticised by the Venice Commission
Venice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
of the Council of Europe but amendments were made in September 2005 to address their objections. The new constitution was passed by the National Assembly of Armenia
National Assembly of Armenia
The Azgayin Zhoghov of Armenia is the official name of the legislative branch of the government of Armenia.-History:Until the promulgation of the Hatt-i Sharif of 1839, the patriarch and his clients, within limits, possessed authority over Armenian people in the Ottoman Empire...
unanimously after the opposition parties boycotted the vote.
The changes to the constitution would transfer some powers from the President
President of Armenia
President of Armenia is the title of the head of state of Armenia since its independence from the Soviet Union in 1991.-Democratic Republic of Armenia :*Avetis Aharonyan *Avetik Sahakyan *Avetis Aharonyan -Transcaucasian Socialist Federative Soviet Republic and Armenian...
to the National Assembly, the Prime Minister
Prime Minister of Armenia
The Prime Minister of Armenia is the most senior minister within the Armenian government, and is required by the constitution to "oversee the Government's regular activities and coordinate the work of the Ministers." The Prime Minister is appointed by the President of Armenia, but can be removed by...
and other ministers. The independence of the judiciary was meant to be strengthened by removing the President from the Council of Judges, which appoints the judges in Armenia. The amended constitution was intended to introduce more respect for human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and permit Armenians who live overseas to gain citizenship by allowing Armenians to be citizens of more than one nation. Other changes would give the President immunity from prosecution for most offences while in office, remove the requirement for a referendum to be held on any changes to the borders and make the mayoralty of Yerevan an elected post. Most of the changes to the constitution would come into effect after the next parliamentary elections
Elections in Armenia
Elections in Armenia gives information on election and election results in Armenia.Armenia elects on national level a head of state - the president - and a legislature. The president is elected for a five-year term by the people...
in 2007.
Campaign
In order for the referendum to be successful a majority of those who voted had to support the changes and the supporters had to be at least a third of the 2.3 million registered votersVoter registration
Voter registration is the requirement in some democracies for citizens and residents to check in with some central registry specifically for the purpose of being allowed to vote in elections. An effort to get people to register is known as a voter registration drive.-Centralized/compulsory vs...
of Armenia. This requirement for a third of voters to vote became the biggest issue in the referendum with most talk over whether that turnout would be reached. Opinions polls for Yerevan
Yerevan
Yerevan is the capital and largest city of Armenia and one of the world's oldest continuously-inhabited cities. Situated along the Hrazdan River, Yerevan is the administrative, cultural, and industrial center of the country...
in July and September showed that there would only be a low turnout, with the September poll showing only 13% would definitely vote.
A coalition of 17 opposition parties came out against the changes in the constitution. They were opposed to some specific changes such as giving the president immunity and giving overseas Armenians citizenship. However their main opposition was based less on any specific clauses in the constitution, but because they said that the government which was proposing the changes was illegitimate. Their position was that the President Robert Kocharyan had come into, and stayed in, power through rigged elections
Electoral fraud
Electoral fraud is illegal interference with the process of an election. Acts of fraud affect vote counts to bring about an election result, whether by increasing the vote share of the favored candidate, depressing the vote share of the rival candidates or both...
. The opposition called on voters to boycott the vote, to take part in civil disobedience
Civil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
and tried to use the Rose Revolution
Rose Revolution
The "Revolution of Roses" was a change of power in Georgia in November 2003, which took place after having widespread protests over the disputed parliamentary elections...
in Georgia
Georgia (country)
Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
as an example. However the opposition had little access to the media
News media
The news media are those elements of the mass media that focus on delivering news to the general public or a target public.These include print media , broadcast news , and more recently the Internet .-Etymology:A medium is a carrier of something...
and their campaign saw widespread public apathy. An opposition rally in Yerevan on the weekend before the election saw only about 1,500 people take part, while another rally on the day before the election had a participation in the hundreds.
The government campaigned in favour of the constitution and attempted to get copies of the draft constitution to every family in Armenia in the weeks before the referendum. They confidently predicted success and President Kocharyan pledged to respect the results of the referendum.
The European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Council of Europe all backed the proposed changes to the constitution. After the changes made to the proposed draft constitution in September 2005, the Venice Commission backed the changes, and the Council of Europe urged Armenians to vote in order to show their commitment to Europe. The United States said that the changes would strengthen the institutions in Armenia. As the election neared the British Council
British Council
The British Council is a United Kingdom-based organisation specialising in international educational and cultural opportunities. It is registered as a charity both in England and Wales, and in Scotland...
sponsored a "Rock the Referendum" concert to try and increase voter interest.
Few international Election monitors observed the referendum, with only 12 coming from the Council of Europe. The Organization for Security and Co-operation in Europe
Organization for Security and Co-operation in Europe
The Organization for Security and Co-operation in Europe is the world's largest security-oriented intergovernmental organization. Its mandate includes issues such as arms control, human rights, freedom of the press and fair elections...
(OSCE) did not send any observers as they said they had not received any invitation from the government of Armenia. The Armenian government's position was that the OSCE's Office for Democratic Institutions and Human Rights
Office for Democratic Institutions and Human Rights
The Office for Democratic Institutions and Human Rights is the principal institution of the Organization for Security and Cooperation in Europe dealing with the "human dimension" of security. The office, originally named Office for Free Elections, was created in 1990 by the Charter of Paris and...
had no mandate to observe referendums. A local group, Choice is Yours, did arrange for around 2,000 Armenians to monitor the referendum.
Vote
On the day of the election President Kocharyan was among the people to vote and the opposition citicised him for publicly showing his 'yes' ballot paper, which they said violated the constitution. Reports on the vote said that many polling places were deserted with few people voting. However the official results showed a turnoutVoter turnout
Voter turnout is the percentage of eligible voters who cast a ballot in an election . After increasing for many decades, there has been a trend of decreasing voter turnout in most established democracies since the 1960s...
of over 65% of the electorate with an overwhelming yes vote, thus easily meeting the required level. This turnout level was one of the highest in Armenia's post-soviet history.
The opposition said that there was massive ballot stuffing
Ballot stuffing
Ballot stuffing is the illegal act of one person submitting multiple ballots during a vote in which only one ballot per person is permitted. The name originates from the earliest days of this practice in which people literally did stuff more than one ballot in a ballot box at the same time...
and that turnout in reality was only 16 to 21% of the electorate. The observers from the Council of Europe reported that there were serious abuses in the referendum and said that the official turnout figures did not match reality. However they did believe that the required 33% turnout level was probably met. The United States State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
called on the government to investigate abuses in the referendum while the European Union expressed concern. Neither, however, supported the protests that the opposition were calling for.
President Kocharyan described the result as "a great victory in the strengthening of democracy and the making of civil society in Armenia." The governing political parties in Armenia also described the referendum as a success and said that any problems with the referendum would not have affected the result. Some government members and supporters expressed concerns including, Hranush Kharatian, the head of the government department of ethnic minorities
Minority group
A minority is a sociological group within a demographic. The demographic could be based on many factors from ethnicity, gender, wealth, power, etc. The term extends to numerous situations, and civilizations within history, despite the misnomer of minorities associated with a numerical statistic...
and religious affairs and Alvard Petrosian, a deputy
Deputy (legislator)
A deputy is a legislator in many countries, particularly those with legislatures styled as a 'Chamber of Deputies' or 'National Assembly'.-List of countries:This is an list of countries using the term 'deputy' or one of its cognates....
from the governing Armenian Revolutionary Federation
Armenian Revolutionary Federation
The Armenian Revolutionary Federation is an Armenian political party founded in Tiflis in 1890 by Christapor Mikaelian, Stepan Zorian, and Simon Zavarian...
party. The head of the Central Electoral Commission certified the results but with the opposition members of the commission disagreeing.
Official results
| Electorate | Invalid votes | Turnout (%) | For (%) | Against (%) |
|---|---|---|---|---|
| 2,317,462 | 20,364 | 1,514,307 (65.3) | 1,411,711 (94.5) | 82,018 (5.5) |
| Source: ElectionGuide | ||||