Referendum Scheduled for April 5 Cancelled Due to State of Emergency

The government has decided to declare a state of emergency across the entire territory of the Republic of Armenia from March 16, 2020, at 18:30 until April 14, 2020, at 17:00, inclusive. This decision was made during an extraordinary session of the government. The decision will be discussed at a special session of the National Assembly.

According to Article 208 of the Constitution of Armenia, a referendum cannot be held during a state of emergency. As of 08:00 on March 16, there are two additional cases of coronavirus infection in Armenia, bringing the total confirmed cases to 30. Over 300 citizens are isolated. The first case was recorded on March 1 when an individual arrived in Armenia from Iran. He has since recovered and been discharged from the hospital.

Globally, there are 174,195 confirmed cases of infection, with the death toll exceeding 6,694 and 77,894 recoveries. The coronavirus has spread to 159 countries worldwide.

In accordance with Article 120 of the Constitution of Armenia, the government declares a state of emergency in the event of an immediate threat to the constitutional order, undertakes measures in response to the situation, and addresses the public with a message. Following the declaration of a state of emergency, a special session of the National Assembly is convened by law. The National Assembly can abolish the state of emergency with a majority vote of the total number of deputies or annul the implementation of measures stipulated by the legal regime of the state of emergency.

The legal regime of the state of emergency is established by law, which is adopted by a majority vote of the total number of deputies. According to Article 1 of the Law on the Legal Regime of State of Emergency, a state of emergency can also be declared in cases of emergency situations.

Article 1 of the Law on Protection of the Population in Emergency Situations defines "emergency situation" as a situation that arises in a specific area or object due to a major accident, dangerous natural phenomenon, technogenic, force majeure, or ecological disaster, epidemic, epizootic, widespread infectious disease of plants and agricultural crops, resulting in or potentially leading to human casualties, significant harm to human health and the environment, major material losses, and disruption of normal living conditions for people.

Article 5 of the Law on the Legal Regime of State of Emergency defines the duration of the emergency regime, stating that the duration of a state of emergency declared throughout Armenia cannot exceed 30 days and in individual territories, 60 days. Following the expiration of the above-mentioned periods, the state of emergency ceases. If the circumstances that led to the declaration of a state of emergency have not been eliminated by the expiration of the above-mentioned periods, the duration of the state of emergency may be extended by a decision of the Government of Armenia in accordance with the rules established for declaring a state of emergency by this law and within the time limits specified in the first part of this article.

Article 6 of the Law on the Legal Regime of State of Emergency establishes the procedure for the termination of the state of emergency, stating that if the circumstances that served as the basis for declaring a state of emergency have disappeared before the expiration of the state of emergency, the state of emergency is terminated by a decision of the Government of Armenia, which is subject to immediate publication on public television and radio, and if this is not possible, through other mass media. The decision of the Government of Armenia enters into force upon publication.

The National Assembly may abolish the state of emergency or annul the implementation of measures stipulated by the legal regime of the state of emergency according to the procedure established by the constitutional law of the "Rules of Procedure of the National Assembly of Armenia." Article 7 of the Law on the Legal Regime of State of Emergency lists the measures applied during the state of emergency and the temporary restrictions on rights and freedoms that may be fully or partially enforced. These include:

1. Limitation of the right of individuals to free movement, as well as establishing special regimes for entering and leaving the specified area, including restrictions for foreign citizens and stateless persons.
2. Enhancing the protection of public order, state-protected facilities, as well as life-support and transportation facilities.
3. Restrictions on the implementation of certain types of financial and economic activities, including the provision of services, and the circulation of goods and financial resources.
4. Special regulations for the sale, acquisition, and circulation of foodstuffs and essential goods.
5. Restrictions or prohibitions on gatherings or public events.
6. Prohibition of strikes and other measures suspending or stopping the activities of legal entities.
7. Restrictions on the movement of vehicles and conducting inspections of them.
8. Special state control over the activities of organizations using hazardous productions, explosive, radioactive, chemical, and biological hazardous materials, or suspension of their activities.
9. Temporary limitations or suspensions of the powers of republican executive bodies and local government bodies.
10. Removal of material and cultural values if there is a real threat of their destruction, theft, or damage during the state of emergency.
11. Establishment of a curfew, prohibiting individuals from being in the streets and other public places without identification documents and/or special permission for the entire day or during certain hours.
12. Limitation of freedom of expression, particularly prohibiting certain publications or reports in mass media.
13. Verification of identification documents and inspection of personal belongings.
14. Prohibition of the sale of weapons, ammunition, explosives, and toxic substances, as well as establishing special regulations for the circulation of narcotics and psychotropic substances.
15. Deportation of individuals violating the legal regime of the state of emergency who do not reside in the area at their own expense, or if they lack means, at the expense of the state budget of Armenia, with subsequent compensation obligations for the incurred costs.
16. The use of property and other resources from individuals and legal entities if necessary for ensuring the legal regime of the state of emergency, with material compensation as established by law.

The implementation of the measures specified in this article shall not hinder the normal functioning of the National Assembly of Armenia, the Constitutional Court of Armenia, the courts of Armenia, and the Human Rights Defender of Armenia.