In 2012 RA parliamentary elections will be held, whereas 2013 is the year of the presidential election in the Republic of Armenia. Article 4 of the RA Constitution defines that the election of RA president, National Assembly and Local Self Governmental Bodies shall be held on the basis of the right to universal, equal and direct suffrage by secret ballot.
The right to vote is awarded to RA citizens (at the elections of local self governmental bodies, the right to vote is also granted to those non citizens who have been registered in a certain community for more than 6 months[1]) who are 18 years of age, except for those citizens who have been recognized as incapacitated by a court ruling, as well as those that have been sentenced to imprisonment and endure punishment by a court judgment[2].
Elections are organized and administrated by the Central Election Commission (CEC), Territorial Election Commissions (TECs) and Precinct Election Commissions (PECs). CEC and TECs are permanent bodies, while PECs are those of ad-hoc.
CEC has eight members, five of which are nominated by the political parties and/or alliance [3], one by the President of the country[4] and 2 members are appointed by the Council of Chairman of the Republic of Armenia Courts as “judicial servants”[5].
However, the draft law on Electoral Code provides for seven members of CEC, who are appointed by the president of the republic and nominated by the Ombudsman of the Republic of Armenia (three members), the president of the RA Court of Cassation (two members), the president of the RA Chamber of Advocates (2 members)[6]. Some of the RA political parties criticized the procedure for formulation of the CEC that is defined by the new draft of the law which, in their opinion, is risky and in favour of the ruling authorities[7].
The requirements of candidates on elections have also been changed. The new draft law demands the candidates to be citizens of the Republic of Armenia only. This requirement arises after the adoption of the law on dual citizenship.
In spite of the numerous amendments made in the RA Electoral Code, in practice the electoral right is violated at elections. There is also lack of confidence in fair elections, because there are statements on “vote-buying”, printing of excess ballot papers, ballot stuffing, opportunities for multiple voting and voting by third persons, coercion of voters[8].
The International Election Observation Mission (IEOM), a joint project of OSCE Office for Democratic Institutions and Human Rights, Parliamentary Assembly of the Council of Europe and the European Parliament, has recorded numerous cases of “vote-buying”[9], controlled voting in regard of military personnel, voting with pre-marked ballots[10].
IEOM observers registered also cases, when some people with multiple passports were seen near some PS-s.[11] Cases of campaigning (32 cases), attempts to influence voters in their choices (18 cases) were also witnessed[12].
Cases of violence were observed by different international organizations at the last presidential elections. Human Rights Watch has registered eight cases of assault towards journalists, domestic observers and active members of the opposition.[13] Ceases of violence are also recorded by IEOM (shootings in Kotayk region, attacks on proxies in Kotayk region and Yerevan) [14].
OSCE considered RA presidential elections in 2008 as mostly “in line with OSCE and Council of Europe commitments and standards”[15], stressing the necessity of further improvements. OSCE observes also the Armenian authorities’ efforts and work done to ensure fair elections as well as the improvement of situation with electoral right in Armenia.
It is stated that “[t]he 2007 parliamentary elections were assessed as having “demonstrated improvement and were conducted largely in accordance with OSCE commitments and other international standards for democratic elections” while the 2003 presidential election fell short of these standards.”[16]
[1] Article 2, point 2, RA Electoral Code
[2] Idib, point 5
[3] “One member from each party or alliance with a faction in the National Assembly, appointed by a decision of the permanent body of that party or, in the case of alliances, the joint decision of permanent bodies of parties within the alliances, passed by majority vote” RA Electoral Code, Article 35(1)
[4] RA Electoral Code, Article 35 (2)
[5] According to Article 35(3) after the parliament elections following the enforcement of this law, the Council of Chairman of the Republic of Armenia Courts is granted to appoint one more member of the CEC. As a result of this provision the Council of Chairman of the Republic of Armenia Courts appoints two members of the CEC.
[6] Article 40 of the draft law on Amendments of the Electoral Code,
[7] Mary Alexanyan "Guarantee for Fair Elections: Changed Election Code or Political Will?" Page1, June 07, 2011, www.hra.am
[8] US Department of State 2010 Human Rights Report on Armenia, pg. 44, April 8, 2011; The International Election Observation Mission of OSCE Office for Democratic Institutions and Human Rights Statement of Preliminary Findings and Conclusions, February 19, 2008, pg. 5, available at http://www.osce.org/odihr/elections/armenia/30808
[9] “On 18 February, in the village of Vardablur (TEC 31, Lori region), observers interviewed villagers who confirmed that villagers had been offered AMD 5,000 (EUR 11) to sell their votes. A similar vote-buying scheme was also noted in Bazum (Lori). In the vicinity of a Yerevan PS, observers saw voters receiving money from a man who was ticking entries from a list of names.” The International Election Observation Mission of OSCE Office for Democratic Institutions and Human Rights Statement of Preliminary Findings and Conclusions, February 19, 2008, pg. 10, available at http://www.osce.org/odihr/elections/armenia/30808
[10] Idib
[11] Idib
[12] Idib, pg.9
[13] Human Rights Watch World Report 2009, pg. 334 available at: http://www.hrw.org/en/world-report-2009
[15] The International Election Observation Mission of OSCE Office for Democratic Institutions and Human Rights Statement of Preliminary Findings and Conclusions, February 19, 2008, pg. 1 available at: http://www.osce.org/odihr/elections/armenia/30808
[16] Idib, pg 3
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