The CSO Anti-Corruption Coalition of Armenia condemns the proposed regulations of the Draft Law of the Republic of Armenia on Amendments and Addenda to the Law on Corruption Prevention Commission (P-1335-08.05.2019-PY-011 / 0), hereinafter referred to as the draft, which have been put into circulation by the President of the RA National Assembly Ararat Mirzoyan.
They refer to changes to the order of formation of the Corruption Prevention Commission, hereinafter referred to as the Commission, as amended. In addition, the document of such importance has not been presented to the public discussion, even with the participation of key actors in the field.
The draft changes the mechanisms for nominating candidates for the member of the Commission and the President, which are extremely pro-governmental. First, the procedure for holding the competition by an independent specialized board, which also ensured participation of the civil society in these processes has been removed. In addition, the proposed legal framework provides that three out of five of the candidates to the Commission are nominated by the ruling political force, one by the Government and 2 by the ruling faction of the National Assembly.
Moreover, in case if the opposition factions of the National Assembly are unable to present a candidate by consensus, the latter is also nominated the ruling power in the person of the ruling faction of the NA.
The draft also envisages a change in the requirements to the Commission members, in particular, removal of a number of guarantees of independence, sovereignty and professionalism, such as being a citizen of the Republic of Armenia and being a permanent resident for the past 4 years as well as the requirement of recognition. The requirement of work experience has been decreased providing only a five year term, but a requirement of holding senior positions for the term of 3 years has been added [1]. As a result, an impression that legislative regulations are adapted for specific individuals is created.
In this regard, it should be noted that the CSO Anti-Corruption Coalition of Armenia will closely follow the nomination of Commission members and submit them to the public discussion.
We are convinced that envisaging such provisions and action are not issued from the internationally well-recognized norms, principles and commitments, including the popular Jakarta principles on the formation of independent anti-corruption bodies, do not reflect the values of democracy and participatory governance that have been adopted in velvet revolution, do not reflect the public opinion expressed by the Prime Minister on the establishment of an anti-corruption institutional system positions and can be classified the most authoritative draft ever proposed by the authorities and a step back.
We urge the President of the RA National Assembly to urgently initiate parliamentary hearings on the draft law on the establishment of an anti-corruption institutional body with the participation of all the actors in the field, where the CSO Anti-Corruption Coalition of Armenia will show in detail the risks and threats of the Draft. Parliamentary hearings will provide an opportunity to create an independent anti-corruption body, with the highest possible guarantees of independence, led by the results based on the consensus of Government-Civil Society reached as a result of the Government-Civil Society International Expert Conference on “RA Anti-corruption Strategy of the Republic of Armenia in Light of International Experience” jointly organised by the CSO Anti-Corruption Coalition of Armenia and the Ministry of Justice of the Republic of Armenia.
We urge henceforth, before putting into circulation any draft legal act on anti-corruption policy to discuss it with the CSO Anti-Corruption Coalition of Armenia, the largest anti-corruption civil society community in Armenia.
The differences between the existing and proposed legal regulations are reflected in the attached infographics.
Governing Board of CSO Anti-Corruption Coalition of Armenia.
25.06.2019
[1] The length of service of the head of public authority or head of an internal unit or organization, or the length of service in such positions, which carry out the functions of the organization, management, supervision or coordination of the work.
