Passive Role of Parliament Negatively Affects Peaceful Resolution of Situation: Tatoyan

The Human Rights Defender of Armenia, Arman Tatoyan, wrote on his Facebook page: “Ahead of today’s gatherings, the position of the Human Rights Defender of the Republic of Armenia on the events occurring in the country is as follows:

1. All events in the Republic of Armenia should unfold exclusively through democratic means, with uncompromising respect for human rights and in a spirit of solidarity, based on the Constitution and the rule of law. In addition to direct democracy, the role of representative democracy is also fundamentally important, which is enshrined in the Constitution of the Republic of Armenia as a fundamental principle and should be implemented through the work of democratic institutions.
2. Therefore, the role of democratic institutions, especially the parliament, is irreplaceable in a country with a parliamentary governance system.
3. In complex and crisis situations, the parliament is an institution that provides a balancing and restraining force, ensuring institutional solutions to existing problems. The passivity of the parliament negatively impacts the peaceful resolution of the situation and pushes the development of events outside of democratic institutions, which in turn can escalate tensions. It must be active and proactive.
4. Thus, in these days, the National Assembly should be the fundamental guarantor of the irreversibility of democratic developments in Armenia.
5. The observations of the Human Rights Defender’s office record a high level of intolerance and tension in the country. Insults and hate speech continue on social networks, mutual accusations on various issues occur in almost complete absence of healthy or professional discussions. Additionally, there are public statements and speeches from some public figures from different sides that exacerbate intolerance in an unacceptable manner.
6. The office of the Human Rights Defender will continue to monitor gatherings organized both by the government and the opposition.
7. One of the fundamental aims of the freedom of peaceful assemblies is to ensure a platform for public discussion and the opportunity for open expression of protest, especially if a publicly significant event occurs that society deems necessary to respond to urgently. The freedom of peaceful assembly is guaranteed by the Constitution of the Republic of Armenia and international obligations undertaken by the Republic of Armenia.
8. The Human Rights Defender emphasizes that the state bears a positive obligation to guarantee the freedom of peaceful assemblies and the safety of participants in these assemblies. This is our country’s international obligation.
9. Since counter-gatherings are taking place today, the Human Rights Defender specifically cites the legal standards of the Council of Europe: in the case of counter-gatherings, the emphasis should be placed on the state's obligation to protect and ensure each of them, and the state is obliged to allocate adequate resources and facilitate their implementation. Moreover, even the “imminent danger of confrontation” cannot automatically serve as a reason to prohibit one of the gatherings occurring at the same time and place.
10. It is the obligation of the police to protect each participant in counter-gatherings from attacks or violence from participants of any opposing gathering or action, ensuring their safety.
11. In this regard, it was problematic, for example, that on February 25, 2021, there was a march from Republic Square to Freedom Square, during which several incidents of clashes between participants of opposing gatherings were recorded.
12. Such developments must be completely excluded, and ensuring that is the positive obligation of the state.
13. Gathering organizers must refrain from actions that could lead to clashes with participants of opposing gatherings, especially if there is heightened tension between the two opposing groups.
14. Therefore, gathering organizers, regardless of whether these gatherings are organized by the government or the opposition, are obliged to exercise maximum vigilance, demonstrate restraint, and do everything possible to ensure the peaceful nature of the gathering and avoid any phenomena leading to tensions. It should be noted that the country is already in a complex post-war period, and society is understandably in an emotionally tense state.
15. Both government and opposition gatherings and potential marches should avoid language and actions that contribute to insults and intolerance.
16. In addition to the above, the day before and today, the office of the Human Rights Defender has recorded media reports and social media posts, including videos, that indicate the use of administrative resources by government bodies, particularly regional administrations, to organize participation of people (including students) in today’s gathering declared by government bodies. Such alerts have also been presented to the Human Rights Defender, and several public figures have made similar public claims regarding the direct involvement of regional administrations.
17. In general, organizing gatherings by using administrative resources is unacceptable, and it is even more unacceptable if done by government bodies for their own gatherings. Therefore, considering the significant volume of such information, the situation in the country, and the positive obligation of the state to guarantee the freedom of peaceful assemblies, these claims must be credibly refuted by the gathering organizers from government bodies if they are not true.
18. The office of the Human Rights Defender has also recorded the statement of the police from February 16, 2021, that some employers, using their leverage, have been imposing participation of employees in opposition rallies. The Defender’s office also noted similar reports that were published on social media regarding participation in the gathering organized by the government at Republic Square on February 25, 2021.
19. Summarizing all of the above, the Human Rights Defender of Armenia reiterates that only democratic processes can ensure the elimination of intolerance, mitigate tensions, and guarantee the development of events in a spirit of solidarity. Extreme developments must not be allowed under any circumstances.
20. Democracy and the human rights system are also at the heart of the country’s security.
21. Human rights and freedoms can only be guaranteed in conditions of democracy.”