The Republic of Armenia declared its sovereignty on August 23, 1990, and became an independent state a year later, on September 23, 1991. In October 1991, Levon Ter-Petrosian, who had been elected democratically as chairman of the Armenian Supreme Soviet under the Soviet system in 1990, was chosen president of the republic in a six-candidate election. As of early 1994, Armenia was a reasonably stable democratic state, although its party structure was fractious and its legislative branch ineffectual. Because no consensus could be reached on a new constitution, a standoff between parliament and the president remained unresolved in early 1994.
Parliament
The 248 members of Armenia's unicameral parliament (Geraguin khorhurt in Armenian, officially retaining the term "Supreme Soviet" from the communist era) are elected for five-year terms and meet for six months each year. The prime minister and the Council of Ministers, which together constitute the executive branch of the government, are chosen from parliament. Although half the members of parliament (124) must be present for a quorum, a majority of the votes of the entire body (125) is needed to pass laws. In the early 1990s, because more than 160 members were rarely present and the ruling party did not have a majority in the body, the parliament was proving unable to act decisively on major legislative issues. Moreover, a two-thirds majority of the parliament (165) is needed to override a presidential veto. In the absence of a constitution, however, the parliament has issued laws regulating the relations and powers of the branches of government.
The Presidium, the parliament's executive body, administers parliament when it is not in session. The Presidium is made up of the president of the republic (whose title is also chairman of parliament), two deputies, the secretary of the parliament, and the twelve chairmen of permanent parliamentary committees. Often laws are initiated by the president of the republic, sent to the Presidium for review, and then passed on to appropriate committees before being reviewed and voted upon by the whole parliament. (Besides permanent committees, the parliament can create temporary committees to deal with specific issues.)
Once parliament passes a law, the president of the republic, who also may participate in parliamentary debates, must sign or veto within two weeks. In early 1994, parliament had not yet passed legislation replacing Soviet-era laws in several major areas: criminal and civil codes, administrative violations, marriage and family, labor rights and practices, land tenure, and housing.
Saturday, January 5, 2008
The Presidency
As it has developed in the 1990s, the Armenian presidency is the most powerful position in government. More than a ceremonial head of state, the president is the most active proposer of new legislation, the chief architect of foreign and military policy, and, during Armenia's prolonged state of national emergency, the unchallenged center of government power in many areas.
Levon Ter-Petrosian, a former philologist and a founding member of the Karabakh Committee, became the first president of independent Armenia in 1991. Ter-Petrosian has occupied the political center of Armenian politics as the single most important politician in the country and the principal advocate of moderate policies in the face of nationalist emotionalism. The parliamentary plurality that Ter-Petrosian's party, the Armenian Pannational Movement (APM), enjoyed at the formation of the republic in 1991 enhanced presidential authority at the expense of parliament, where the majority of seats were divided among many parties. Beginning in 1992, Ter-Petrosian took several controversial unilateral actions on major issues, which brought accusations of abuse of power.
Levon Ter-Petrosian, a former philologist and a founding member of the Karabakh Committee, became the first president of independent Armenia in 1991. Ter-Petrosian has occupied the political center of Armenian politics as the single most important politician in the country and the principal advocate of moderate policies in the face of nationalist emotionalism. The parliamentary plurality that Ter-Petrosian's party, the Armenian Pannational Movement (APM), enjoyed at the formation of the republic in 1991 enhanced presidential authority at the expense of parliament, where the majority of seats were divided among many parties. Beginning in 1992, Ter-Petrosian took several controversial unilateral actions on major issues, which brought accusations of abuse of power.
State Administrative Bodies
The Council of Ministers, which performs the everyday activities of the executive branch of government, is presided over by the prime minister, who reports directly to the president and to parliament. The prime minister is named by the president but must be approved by parliament. The members of the council are appointed by joint decision of the president and the prime minister.
The Council of Ministers underwent a series of changes in the early 1990s as Ter-Petrosian sought a prime minister with whom he could work effectively. As a result, four men occupied that position between 1991 and 1993. The principal source of friction within government circles is factional disagreement about the appropriate elements and pace of economic reform. In the first years of independence, most of the members of the council have belonged to the APM. In 1994 the Council of Ministers included the following ministries: agriculture, architecture and urban planning, communications, construction, culture, defense, economics, education, energy and fuel, environment, finance, food and state procurement, foreign affairs, health, higher education and science, industry, internal affairs, justice, labor and social security, light industry, national security, natural resources, trade, and transportation.
In addition to the regular ministries, state ministries coordinate the activities of ministries having overlapping jurisdictions. State ministers rank higher than regular ministers. In 1994 there were six state ministries: agriculture, construction, energy and fuel, humanitarian assistance, military affairs, and science and culture. State agencies have responsibilities similar to those of ministries, but they are appointed by and report directly to the president.
The Council of Ministers underwent a series of changes in the early 1990s as Ter-Petrosian sought a prime minister with whom he could work effectively. As a result, four men occupied that position between 1991 and 1993. The principal source of friction within government circles is factional disagreement about the appropriate elements and pace of economic reform. In the first years of independence, most of the members of the council have belonged to the APM. In 1994 the Council of Ministers included the following ministries: agriculture, architecture and urban planning, communications, construction, culture, defense, economics, education, energy and fuel, environment, finance, food and state procurement, foreign affairs, health, higher education and science, industry, internal affairs, justice, labor and social security, light industry, national security, natural resources, trade, and transportation.
In addition to the regular ministries, state ministries coordinate the activities of ministries having overlapping jurisdictions. State ministers rank higher than regular ministers. In 1994 there were six state ministries: agriculture, construction, energy and fuel, humanitarian assistance, military affairs, and science and culture. State agencies have responsibilities similar to those of ministries, but they are appointed by and report directly to the president.
The Judiciary
With no constitution in place, the structure of the new Armenian judiciary remains unformalized. Most judges are holdovers from the Soviet period, and the power to appoint judges has not been decided between the legislative and executive branches. Appointment and training of new judges is a high priority in replacing the Soviet judicial system with an independent judiciary.
District courts are the courts of first instance. Their judges are named by the president and confirmed by the parliament. The Supreme Court, whose chief justice is nominated by the president and elected by a simple majority of parliament, provides intermediate and final appellate review of cases. The court includes a three-member criminal chamber and a three-member civil chamber for intermediate review and an eleven-member presidium for final review. The full, thirty-two member court provides plenary appellate review.
The general prosecutor is nominated by the president and elected by parliament. The general prosecutor's office moves cases from lower to higher courts, oversees investigations, prosecutes federal cases, and has a broad mandate to monitor the activities of all state and legal entities and individual citizens. The general prosecutor appoints district attorneys, the chief legal officers at the district level.
District courts are the courts of first instance. Their judges are named by the president and confirmed by the parliament. The Supreme Court, whose chief justice is nominated by the president and elected by a simple majority of parliament, provides intermediate and final appellate review of cases. The court includes a three-member criminal chamber and a three-member civil chamber for intermediate review and an eleven-member presidium for final review. The full, thirty-two member court provides plenary appellate review.
The general prosecutor is nominated by the president and elected by parliament. The general prosecutor's office moves cases from lower to higher courts, oversees investigations, prosecutes federal cases, and has a broad mandate to monitor the activities of all state and legal entities and individual citizens. The general prosecutor appoints district attorneys, the chief legal officers at the district level.
The Constitution
As of early 1994, adoption of a constitution for the Republic of Armenia remained a controversial and unresolved project. In the meantime, the 1978 constitution, a replica of the Soviet Union's 1977 document, remained in effect except in cases where specific legislation superseded it. At the end of 1992, the president and the APM parliamentary delegates presented a draft constitution. They put forward a revised version in March 1993. Then, after nearly a year's work, a bloc of six opposition parties led by the Armenian Revolutionary Federation (ARF) presented an alternative constitution in January 1994 that would expand the parliament's power, limit that of the president, expand the authority of local government, allow Armenians everywhere to participate in governing the republic, and seek international recognition of the 1915 massacre. As 1994 began, observers expected a long struggle before parliament adopted a final version.
Local Government
The republic is divided into thirty-seven districts, or gavarner, each of which has a legislative and administrative branch replicating the national structures. Pending adoption of a new constitution prescribing a division of power, however, all major decisions are made by the central government and are merely implemented by the district administrations.
Political Parties
During Armenia's seventy years as a Soviet republic, only one party, the Communist Party of Armenia (CPA), was allowed legal status. As a branch of the Communist Party of the Soviet Union, it ruled under the direct orders of the leadership in Moscow. Following the collapse of communist authority, two major parties and dozens of minor ones competed for popularity along with the remnants of the CPA.
In the years following independence, the most vocal and powerful opposition party was the Armenian Revolutionary Federation (ARF). Founded in 1890, the ARF was the ruling party in the Republic of Armenia in 1918-20; forbidden under the communist regimes, the ARF built a strong support network in the Armenian diaspora. When the party again became legal in 1991, its foreign supporters enabled it to gain influence in Armenia out of proportion to its estimated membership of 40,000. With a platform calling for a coalition government, greater power for the parliament at the expense of the executive, and a strong social welfare program, the ARF gained eighteen seats in the 1992 parliamentary election.
The Liberal Democratic Party (LDP), founded in 1921, calls for privatizing the economy and rapidly establishing all possible conditions for a free-market economy. It also backs a strong system of state social welfare and recognition of NagornoKarabakh 's independence. The LDP had seventeen seats in parliament in 1994.
Former dissident Pariur Hairikian heads the National Self-Determination Union, which has called for a coalition government based on proportional representation of each party. With only one seat in parliament, the union takes a radical-right position on most issues. Extreme nationalist parties with racist ideologies also have small followings. Most opposition parties have been critical of Ter-Petrosian's Nagorno-Karabakh policy; in 1992 they formed the so-called National Alliance to coordinate their foreign policy positions. Because of parliament's institutional weakness, oppositionists frequently have organized massive public rallies demanding the president's resignation.
In the first years of independence, the ruling elite came primarily from the Armenian Pannational Movement (APM), the umbrella organization that grew out of the Karabakh movement. In the 1992 parliamentary election, the APM gained fifty-five seats, easily giving it a plurality but leaving it vulnerable when opposition coalitions formed on individual issues. The next largest delegation, that of the ARF, had twelve seats. In 1993 the failure of Ter-Petrosian's government to bring the war to an end, its own willingness to compromise on the Karabakh question, and the daily grind of fuel and food shortages reduced the popularity of the ruling nationalist movement.
Political Parties
During Armenia's seventy years as a Soviet republic, only one party, the Communist Party of Armenia (CPA), was allowed legal status. As a branch of the Communist Party of the Soviet Union, it ruled under the direct orders of the leadership in Moscow. Following the collapse of communist authority, two major parties and dozens of minor ones competed for popularity along with the remnants of the CPA.
In the years following independence, the most vocal and powerful opposition party was the Armenian Revolutionary Federation (ARF). Founded in 1890, the ARF was the ruling party in the Republic of Armenia in 1918-20; forbidden under the communist regimes, the ARF built a strong support network in the Armenian diaspora. When the party again became legal in 1991, its foreign supporters enabled it to gain influence in Armenia out of proportion to its estimated membership of 40,000. With a platform calling for a coalition government, greater power for the parliament at the expense of the executive, and a strong social welfare program, the ARF gained eighteen seats in the 1992 parliamentary election.
The Liberal Democratic Party (LDP), founded in 1921, calls for privatizing the economy and rapidly establishing all possible conditions for a free-market economy. It also backs a strong system of state social welfare and recognition of NagornoKarabakh 's independence. The LDP had seventeen seats in parliament in 1994.
Former dissident Pariur Hairikian heads the National Self-Determination Union, which has called for a coalition government based on proportional representation of each party. With only one seat in parliament, the union takes a radical-right position on most issues. Extreme nationalist parties with racist ideologies also have small followings. Most opposition parties have been critical of Ter-Petrosian's Nagorno-Karabakh policy; in 1992 they formed the so-called National Alliance to coordinate their foreign policy positions. Because of parliament's institutional weakness, oppositionists frequently have organized massive public rallies demanding the president's resignation.
In the first years of independence, the ruling elite came primarily from the Armenian Pannational Movement (APM), the umbrella organization that grew out of the Karabakh movement. In the 1992 parliamentary election, the APM gained fifty-five seats, easily giving it a plurality but leaving it vulnerable when opposition coalitions formed on individual issues. The next largest delegation, that of the ARF, had twelve seats. In 1993 the failure of Ter-Petrosian's government to bring the war to an end, its own willingness to compromise on the Karabakh question, and the daily grind of fuel and food shortages reduced the popularity of the ruling nationalist movement.
Human Rights
In April 1991, Armenia signed the International Covenant of Civil and Political Rights and accepted it as domestic law, superseding all existing laws on the subject. That covenant includes the right to counsel; the presumption of innocence of the accused; the right of privacy; prohibition of arbitrary arrest; freedom of the press, religion, political expression and assembly, and movement; minority rights; and prohibition of discrimination. Since 1991 specific legislation has further guaranteed freedom of the press and prohibited discrimination in education, language, and employment. Rights of the accused, however, remain undefined pending Armenia's acceptance of international conventions on that subject.
In 1993 several human rights organizations were active in Armenia: the Helsinki Assembly, which represented the international Helsinki Watch; the League of Human Rights; parliament's Committee on Human Rights; a national group called Avangard; and a branch of the international Sakharov Fund.
In 1993 the National Self-Determination Union accused the Ter-Petrosian government of a state terrorism policy that included the assassination of individuals within the union and others opposed to government policy. The most publicized incident was the murder in 1993 of Marius Yuzbashian, a former chief of the Armenian branch of the Committee for State Security (Komitet gosudarstvennoi bezopasnosti--KGB).
In 1993 several human rights organizations were active in Armenia: the Helsinki Assembly, which represented the international Helsinki Watch; the League of Human Rights; parliament's Committee on Human Rights; a national group called Avangard; and a branch of the international Sakharov Fund.
In 1993 the National Self-Determination Union accused the Ter-Petrosian government of a state terrorism policy that included the assassination of individuals within the union and others opposed to government policy. The most publicized incident was the murder in 1993 of Marius Yuzbashian, a former chief of the Armenian branch of the Committee for State Security (Komitet gosudarstvennoi bezopasnosti--KGB).
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