Ombudsman May Lose 'A' Status, Restricting Participation in UN Events: Letter

The President of the European Network of National Human Rights Institutions (ENNHRI), Carolyn Fenelli, addressed an open letter to Ararat Mirzoyan, the President of the National Assembly of Armenia, indicating that the funding guarantee for the constitutional law on the Human Rights Defender in Armenia is a best practice in Europe and must be preserved. This was reported by the office of the Ombudsman of Armenia.

The letter states that the Armenian Human Rights Defender holds international 'A' status, which was last granted in March 2019, as it fully complies with the UN Paris Principles. The letter highlights that the Sub-Committee on Accreditation can initiate a special review, which may conclude that the conditions of the National Human Rights Institution have changed to the extent that it negatively affects compliance with the UN Paris Principles.

This means that as a result of the proposed changes, the Human Rights Defender's institution may lose its 'A' status, which would mechanically prevent the Defender from speaking at UN institutions on issues of crucial importance to the country, as well as from being elected to leadership positions in international organizations (the institution is currently benefiting from all these opportunities, as seen in the last two messages from the UN Human Rights Council).

In the open letter, the ENNHRI has contextualized this guarantee in relation to the earlier decision by the Armenian government to withdraw vehicles from the Human Rights Defender's institution, which negatively affects the Defender's resources and reputation.

According to the ENNHRI President's open letter, the current process and proposed changes have also raised concerns regarding the need for prior and meaningful consultations with national human rights institutions and society. Furthermore, the ENNHRI President specifically emphasized that while proper funding is partly determined by the state's overall financial situation, even in conditions of severe financial inadequacy, states are obliged to protect the most vulnerable members of society, who often become victims of human rights violations. Relevant authorities are required to consult with the national human rights institution to understand what constitutes proper funding, and decisions should be based on objective criteria.

In this context, the ENNHRI President called on the President of the National Assembly of Armenia to consider the amendment of Clause 5 of Article 8 of the constitutional law on the Human Rights Defender in light of the full observance of relevant international standards, to ensure that the Human Rights Defender can continue its effective and independent work.

Note: The European Network of National Human Rights Institutions (ENNHRI) unites over 40 national human rights institutions across Europe, dealing with the compliance of these institutions with the UN Paris Principles at the time of their accreditation, as well as supporting them in times of threat. The Office of the Human Rights Defender provides the entire content of the letter in Armenian translation.