Venice Commission Takes Up Bill that Abolishes Funding Guarantees for the Ombudsman

The European Council's "Democracy through Law" European Commission (Venice Commission) has decided to examine the legislative draft concerning the guarantees for the funding of the Human Rights Defender's activities during its session on March 19-20, 2021. This issue was discussed at the Venice Commission meeting, and the decision to follow up on this matter has been published by the Ombudsman's office.

It should be noted that the Government has approved and sent to the National Assembly a bill proposing an amendment to the Constitution of the Republic of Armenia on the Human Rights Defender, which envisages the abolition of the 5th part of Article 8. According to this legislative requirement, the annual allocation from the state budget for the Defender and their staff, as well as for the Defender’s role as a national mechanism for prevention, cannot be less than the amount allocated in the previous year’s state budget.

The Human Rights Defender believes that the removal of this norm will lead to the elimination of the institutional independence of the Defender's institution. Furthermore, the proposed amendment contains a real risk that it could result in the loss of international “A” status. This, in turn, will mechanically deprive the Defender of opportunities, such as addressing meetings in UN frameworks and being elected or appointed to leading positions in international organizations.

Earlier, the president of the European Network of Human Rights Institutions (ENNHRI) appealed to the President of the National Assembly of Armenia in an open letter, stating that the 5th part of Article 8 of the constitutional law on the Human Rights Defender is among the best practices in Europe and urged its preservation.