New Constitution Ready, But When Will Armenia See It?

The text of Armenia’s new constitution is legally finalized, but the timing of its public release remains uncertain. Justice Minister Srbuhi Galyan announced on Thursday that while the draft is complete from a legal standpoint, further “political discussions” are ongoing, leaving the publication date undetermined. This delay raises questions about the government’s transparency and its commitment to open constitutional reform. The stakes are high, as the new constitution could reshape Armenia’s political landscape for decades to come.

Political Context and Timing

Galyan emphasized that the government intends to release either the full text or specific provisions of the draft constitution to gauge public sentiment. This feedback would then be incorporated into further discussions with the Constitutional Reform Council, a body created by the Prime Minister’s decision. However, the fact that the text is legally ready, yet its release is contingent on political considerations, suggests a degree of strategic maneuvering by the ruling party. This approach contrasts with principles of open governance, where constitutional documents are typically made public promptly to foster informed public debate.

The Contentious Issue of the Declaration of Independence

One particularly contentious issue is the inclusion of a reference to Armenia’s Declaration of Independence in the constitution’s preamble. Prime Minister Nikol Pashinyan’s “Civil Contract” party reportedly opposes this inclusion, with Pashinyan himself characterizing the declaration as a “declaration of conflict” rather than independence. This stance aligns with demands from Baku to remove any reference to the declaration, which Azerbaijan views as a statement of territorial claims. While Galyan maintains that all viewpoints will be considered by the council, the Prime Minister’s public opposition raises concerns about potential undue influence on the council’s deliberations. It is worth noting that the Constitutional Court of Armenia has previously ruled that the Declaration of Independence does not have legal significance and does not contain territorial claims against other countries.

Referendum and Future Steps

The government intends to hold a constitutional referendum after the upcoming parliamentary elections, though no specific date has been set. The timing of the referendum is likely dependent on the outcome of those elections, as the draft constitution must first be approved by a two-thirds majority in parliament. The current uncertainty surrounding the publication of the text, coupled with the Prime Minister’s stated preferences on key issues, creates an environment where the public is asked to consider changes without full information or sufficient time for deliberation. This could undermine the legitimacy and public acceptance of the new constitution. The Armenian public deserves a transparent and inclusive process, allowing for meaningful participation in shaping the nation’s fundamental law.