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Freedom In The World 2004: Armenia

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  • Freedom In The World 2004: Armenia

    FREEDOM HOUSE

    FREEDOM IN THE WORLD 2004


    ARMENIA

    Political Rights: 4
    Civil Liberties: 4

    Status: Partly Free

    GNI per capita: $790
    Population: 3,200,000
    Life Expectancy: 72

    Religious Groups: Armenian Apostolic (94 percent),other Christian (4
    percent), Yezidi (2 percent)

    Ethnic Groups: Armenian (93 percent), Azeri (3 percent),Russian (2 percent),
    other [including Kurd] (2 percent)

    Capital: Yerevan

    Trend Arrow: Armenia received a downward trend arrow for the holding of
    presidential and parliamentary polls that failed to meet international
    standards for democratic elections, and for the arrest and detention of
    large numbers of opposition supporters.

    Ten Year Ratings Timeline [OMMITTED]


    Overview

    The political scene in Armenia was dominated for much of 2003 by
    developments surrounding the February-March presidential election and the
    May parliamentary vote, both of which were condemned by international
    election observers for failing to meet democratic standards. President
    Robert Kocharian was reelected in a controversial second-round runoff,
    taking office despite mass street demonstrations against the election
    results and the detention of hundreds of opposition supporters.
    Pro-presidential parties gained a majority in parliament and formed a
    three-party coalition government following legislative elections. The final
    verdict in the trial of those accused in the October 1999 shootings in
    parliament had not been reached by November 30, while the brother of a key
    opposition leader was convicted in a murder case allegedly linked to the
    parliament killings. Meanwhile, ties with Russia were further strengthened
    during the year as Moscow extended its control over Armenia's energy sector.

    Following a brief period of independence from 1918 to 1920, part of the
    predominantly Christian Transcaucasus republic of Armenia became a Soviet
    republic in 1922, while the western portion was ceded to Turkey. Armenia
    declared its independence from the Soviet Union in September 1991.

    The banning of nine political parties prior to the 1995 parliamentary
    elections ensured the dominance of President Levon Ter Petrosian's ruling
    Armenian National Movement's (ANM) coalition. In February 1998, Petrosian
    stepped down following the resignation of key officials in protest over his
    gradualist approach to solving the conflict over Nagorno-Karabakh, the
    disputed Armenian enclave in Azerbaijan. Prime Minister Robert Kocharian,
    the former president of Nagorno-Karabakh, was elected president in March
    with the support of the previously banned Armenian Revolutionary
    Federation-Dashnaktsutiun.

    Parliamentary elections in May 1999 resulted in an overwhelming victory for
    the Unity bloc, a new alliance of Defense Minister Vazgen Sarkisian's
    Republican Party and former Soviet Armenian leader Karen Demirchian's
    People's Party, which campaigned on a populist platform of greater state
    involvement in the economy and increased social spending. In June, Sarkisian
    was named prime minister and Demirchian became speaker of parliament.
    Kocharian's relationship with Sarkisian and Demirchian was marked by power
    struggles and policy differences.

    The country was plunged into a political crisis on October 27, when five
    gunmen stormed the parliament building and assassinated Sarkisian,
    Demirchian, and several other senior government officials. The leader of the
    gunmen, Nairi Hunanian, maintained that he and the other assailants had
    acted alone in an attempt to incite a popular revolt against the government.
    Meanwhile, allegations that Kocharian or members of his inner circle had
    orchestrated the shootings prompted opposition calls for the president to
    resign. However, because of an apparent lack of evidence, prosecutors did
    not press charges against Kocharian, who gradually consolidated his power
    over the following year. In May 2000, Kocharian named Republican Party
    leader Andranik Markarian as prime minister, replacing Vazgen Sarkisian's
    younger brother, Aram, who had served in the position for only five months
    following the parliament shootings.

    The trial of the five gunmen, plus eight others charged with complicity in
    the parliament shootings, began in February 2001 and finally ended on
    November 14, 2003. A final verdict had not been reached by the end of
    November. More than four years after the massacre, many in the country
    continue to believe that the gunmen were acting on orders from others and
    accuse the authorities of a high-level coverup about the identity of the
    masterminds of the attacks.

    Despite earlier pledges by much of the perennially divided opposition to
    field a joint candidate in the February 19, 2003, presidential election in
    order to improve its chances of defeating Kocharian, several parties
    eventually decided to nominate their own candidates. Among the nine
    challengers in the presidential poll, Kocharian officially received 49.48
    percent of the vote, followed by Stepan Demirchian, son of the late Karen
    Demirchian, with 28.22 percent. Since no candidate received the 50 percent
    plus 1 vote necessary for a first-round victory, a second-round vote was
    schedule for March 5 between the top two finishers. According to
    international election observers, including the Organization for Security
    and Cooperation in Europe (OSCE), the election fell short of international
    standards for democratic elections, with the voting, counting, and
    tabulation processes showing serious irregularities. Other problems noted
    included media bias in favor of the incumbent and political imbalances in
    the election commissions.

    During the days that followed, thousands rallied in the largest peaceful
    demonstrations in Yerevan in years to protest alleged election falsification
    and show support for Stepan Demirchian. According to a highly critical Human
    Rights Watch report, police used controversial Soviet-era legislation to
    arrest hundreds of opposition supporters. More than 100 were sentenced in
    closed-door trials to two weeks in prison on charges of hooliganism and
    participating in unsanctioned demonstrations.

    In the March 5 second-round runoff, Kocharian was reelected with 67.44
    percent of the vote, while Demirchian received 32.56 percent. International
    observers echoed many of the same criticisms as those expressed regarding
    the first-round vote. The next two months saw further mass protests against
    the final results of the election and more arrests and detentions reported.
    The Constitutional Court rejected appeals by opposition leaders to
    invalidate the election results, although it did propose holding a
    "referendum of confidence" in Kocharian within the next year to allay
    widespread doubts about the validity of the election returns. Kocharian
    promptly replied that he would not comply with the proposal.

    The political atmosphere remained tense leading up to the May 25
    parliamentary poll. Several hundred candidates were registered to compete
    for the 56 singlemandate seats, while 17 parties and 4 electoral blocs
    contested the 75 seats to be distributed under the proportional
    representation system. The pro-presidential Republican Party, Orinats Yerkir
    (Country of Law), and Armenian Revolutionary Federation-Dashnaktsutiun
    secured 40, 19, and 11 seats, respectively. The Artarutiun (Justice) bloc,
    which was formed in March and is comprised of more than a dozen opposition
    parties, came in third place with a total of 15 seats. Thus, deputies
    backing Kocharian, including a number of independent candidates who broadly
    support the president, secured a majority in parliament. For the first time,
    the Communist Party failed to pass the 5 percent threshold required to gain
    seats under the proportional system. The OSCE and Council of Europe noted
    improvements in the freedom and fairness of the campaign and media coverage
    when compared with the earlier presidential poll. However, they concluded
    that the election still fell short of international standards for democratic
    elections, particularly with regard to the counting and tabulation of votes.
    Artarutiun refused to recognize the validity of the election returns; a
    formal appeal of the results was subsequently rejected by the Constitutional
    Court.

    A concurrent referendum on a package of constitutional amendments,
    representing a wide range of issues and nearly 80 percent of the
    constitution's articles, was rejected by voters. The amendments reportedly
    were not widely publicized or well understood by most of the electorate.
    Although some of the proposed changes were originally intended to curb some
    of the disproportionate powers of the presidency in relation to other
    branches of government, opposition parties had argued that the amendments
    would actually increase them. Other amendments included abolishing a ban on
    dual citizenship, allowing noncitizens to vote in local elections, and
    granting foreigners the right to own land in Armenia.

    On June 11, the Republican Party, Orinats Yerkir, and the Armenian
    Revolutionary Federation-Dashnaktsutiun agreed to form a coalition
    government despite disagreements over some substantive policy issues and the
    distribution of government posts among the three parties. Andranik Markarian
    remained prime minister, while Orinats Yerkir chairman Artur Baghdasarian
    was named speaker of parliament. The following day, Artarutiun and another
    opposition party elected to parliament, the National Unity Party, boycotted
    the opening session of parliament to protest the results of the
    parliamentary election; they finally ended the boycott in early September.

    In a politically sensational case, Armen Sarkisian, the brother of former
    prime ministers Aram and Vazgen, was convicted on November 18 of ordering
    the December 28, 2002, murder of Tigran Naghdalian, the head of Armenian
    Public Television and Radio. Sarkisian was sentenced to 15 years in prison,
    as was the trigger man, John Harutiunian, while another 11 defendants
    received prison sentences of 7 to 12 years. The prosecution had argued that
    Sarkisian had ordered the murder in revenge because he believed that
    Naghdalian was somehow involved in the October 1999 parliament shootings, in
    which his brother Vazgen had been killed. However, some opposition members
    maintained that the case was a politically motivated campaign against
    Armen's brother, Aram, a vocal critic of Kocharian's leadership. They also
    believed that the murder was part of a government cover-up to prevent
    Naghdalian from testifying in the ongoing trial over the parliament
    shootings; Naghdalian had been in the control room of his television station
    when the shootings, which were recorded on videocassettes, occurred. Critics
    of the verdict questioned the validity of the evidence in the case against
    him; in August, Harutiunian retracted pretrial testimony that Armen had
    ordered the murder, contending that he had signed his original testimony
    under duress.

    Relations with Russia, which counts Armenia as its closest ally in the
    Caucasus, continued to be strengthened during the year. In exchange for a
    write-off of its considerable debts to Moscow, Yerevan agreed to transfer
    key state-owned assets to Moscow, including six hydroelectric power plants.
    In September, Armenia ratified an agreement to transfer financial control of
    the Medzamor nuclear power plant to Russia. These deals will provide Moscow,
    with its already substantial military interests in Armenia, with additional
    political and economic leverage over Yerevan.

    Despite ongoing international pressure to resolve the long-standing
    NagornoKarabakh conflict, little progress was made during the year on
    reaching a breakthrough. Sporadic exchanges of fire along the ceasefire line
    continued, but did not escalate into full-scale fighting. At the same time,
    neither Kocharian nor Azerbaijan's president Heydar Aliev appeared willing
    to risk the domestic political consequences of making major public
    concessions over the disputed territory, particularly during a presidential
    election year in both countries.


    Political Rights and Civil Liberties

    Armenians cannot change their government democratically. The 1995 and 1999
    parliamentary and 1996 presidential elections were characterized by serious
    irregularities. The most recent presidential and parliamentary polls, in
    February-March and May 2003, respectively, were strongly criticized by
    international election monitors, who cited widespread fraud particularly in
    the presidential vote. The 1995 constitution provides for a weak legislature
    and a strong, directly elected president who appoints the prime minister.
    Most parties in Armenia are dominated by specific government officials or
    other powerful figures, suffer from significant internal dissent and
    division, or are weak and ineffective. President Robert Kocharian formally
    belongs to no political party, but instead relies on the support of a number
    of both large and small political groups, including the Republican Party of
    Prime Minister Adranik Markarian. Bribery and nepotism are reportedly quite
    common among government bureaucrats. In November 2003, the government
    approved a long-awaited anticorruption program that had been drafted with
    the support of the World Bank.

    There are some limits on freedom of the press, and self-censorship among
    journalists is common, particularly in reporting on Nagorno-Karabakh,
    national security, or corruption issues. While most newspapers are privately
    owned, the majority operate with limited resources and consequently are
    dependent on economic and political interest groups for their survival.
    There are a number of private television stations, and most radio stations
    are privately owned. In April 2003, journalist Mger Galechian was assaulted
    in his office by a group of assailants and was hospitalized with head
    injuries. Galechian was a correspondent for the opposition newspaper Chorrod
    Iskhanutyun, known for being strongly critical of the government. As of
    November 30, parliament had not yet adopted the final version of a
    controversial draft media law. International organizations and media
    watchdogs criticized provisions, including one requiring media organizations
    to reveal their sources of funding and another permitting the courts to
    compel journalists to disclose their sources to protect the public interest.
    Meanwhile, the criminal code makes libel an offense punishable by up to
    three years in prison, while insulting a public official could lead to two
    year's imprisonment.

    On April 3, 2002, the independent television station A1+ lost its license
    after the national television and radio broadcasting commission granted a
    tender for its broadcasting frequency to an entertainment channel.
    Journalists and opposition politicians criticized the closure of A1+, which
    had a reputation for objective reporting, as a politically motivated
    decision to control media coverage in the run-up to the 2003 presidential
    and parliamentary elections. Following the decision, thousands of people
    demonstrated in a number of weekly protests over the station's closure and
    to demand President Kocharian's resignation. In 2003, additional bids by A1+
    for a broadcast frequency were rejected.

    Freedom of religion is somewhat respected. The Armenian Apostolic Church,
    to which 90 percent of Armenians formally belong, enjoys a privileged status
    and has advocated for restrictions on nontraditional denominations. While 50
    religious groups are officially registered, the Jehovah's Witnesses have
    been denied registration repeatedly because of the group's strong opposition
    to compulsory military service; 23 members are in prison for practicing
    conscientious objection.Draft legislation providing for alternative military
    service was pending in parliament as of November 2003. The law's adoption is
    likely to clear the way for the registration of the Jehovah's Witnesses.

    In general, the government does not restrict academic freedom. In September
    2002, the Ministry of Education ordered the compulsory display of the
    portraits of Kocharian and the head of the Armenian Apostolic Church in
    secondary schools. The history of the Apostolic Church is a required school
    subject.

    The government generally respects freedom of assembly and association,
    although the registration requirements for nongovernmental associations are
    cumbersome and time-consuming. According to a report by Human Rights Watch,
    the authorities abused administrative detention regulations to intimidate
    and punish peaceful demonstrators and political activists following the
    February 2003 presidential election. More than 100 activists were sentenced
    to up to 15 days in prison for attending or engaging in acts of hooliganism
    at rallies that the authorities said were unauthorized, the report stated.
    The authorities arrested some individuals who were not protest organizers,
    even though only leaders--and not mere participants-of unauthorized rallies
    may be penalized under the country's code of administrative offenses. After
    major international organizations, including the OSCE and Council of Europe,
    condemned the crackdowns, the authorities began to release some of the
    arrested at the beginning of March. While the constitution enshrines the
    right to form and join trade unions, in practice, labor organizations are
    weak and relatively inactive.

    The judiciary, which is subject to political pressure from the executive
    branch, is characterized by widespread violations of due process. Police
    frequently make arbitrary arrests without warrants, beat detainees during
    arrest and interrogation, and use torture to extract confessions. A Human
    Rights Watch report concluded that police denied access to legal counsel to
    those opposition supporters who were given short prison terms for
    participating in unauthorized rallies after the 2003 presidential vote. The
    accused were sentenced in closed trials and denied the opportunity to
    present evidence or lodge formal appeals. In April, the Constitutional Court
    declared that these and other related arrests were unlawful. However, the
    Council of Justice, a judicial oversight body headed by Kocharian, rejected
    the Court's recommendation to investigate the mass arrests and the conduct
    of those judges who had issued the detention sentences.

    In September 2003, parliament voted to abolish the death penalty in all
    cases by ratifying Protocol 6 of the Council of Europe's Convention on the
    Protection of Human Rights and Fundamental Freedoms. Although the abolition
    of capital punishment was a major obligation of Armenia's membership in the
    Council of Europe, the government had delayed ratifying Protocol 6 largely
    because of widespread support for the use of the death penalty against the
    suspects in the October 1999 parliament shootings. In November, Kocharian
    signed amendments to a new criminal code denying parole to those sentenced
    to life imprisonment for grave crimes, including terrorist acts and
    assassinations of public figures. The amendments were regarded as a
    guarantee that those on trial for the parliament shootings would never be
    released from prison.

    Although members of the country's tiny ethnic minority population rarely
    report cases of overt discrimination, they have complained about
    difficulties receiving education in their native languages.

    Freedom of travel and residence is largely respected. However, registering
    changes in residency is sometimes complicated by the need to negotiate with
    an inefficient or corrupt government bureaucracy. While citizens have the
    right to own private property and establish businesses, an inefficient and
    often corrupt court system and unfair business competition hinder
    operations. Key industries remain in the hands of oligarchs and influential
    clans who received preferential treatment in the early stages of
    privatization.

    Domestic violence and trafficking in women and girls for the purpose of
    prostitution are believed to be serious problems. In June 2003, the U.S.
    State Department issued a report that cited Armenia as among those countries
    making significant efforts to comply with minimum requirements for
    eliminating trafficking. Traditional societal norms tend to limit women's
    professional opportunities to more low-skilled jobs.

    ---
    http://www.freedomhouse.org/research/freeworld/2004/countryratings/armenia.h
    tm
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