The CSOs Anti-Corruption Coalition of Armenian (hereinafter referred to as the Coalition) welcomes and fully shares the assessments made in the 4th Assessment Report adopted by GRECO on 6 December 2019 and published on 12 December, which refer to the process of forming a body that is part of the anti-corruption institutional system, the Corruption Prevention Committee.
The report, in particular, states that the Parliament has adopted a new law on the Corruption Prevention Committee. The law removes the Competition Board from the process of appointing committee members and introduces a system of direct nominations (1 candidate is nominated by the government, 1 candidate by the NA majority, 2 candidates by the NA 2 opposition parties, and 1 candidate by the Supreme Judicial Council). The main concern with such a model is the significant risk of politicization (the report cites the Jakarta Statement on Principles of Operation of Anti-Corruption Agencies, respectively). This is a vital point for anti-corruption bodies, as their insulation from political interference and influence stands as the main principle for ensuring their effectiveness. It is also noted that ‘Civil society organisations are currently not represented in the nomination or selection process. The Government and the ruling parliamentary faction could control the majority in the Commission. It appears that new amendments are being elaborated by the Government on the matter, providing for the direct nominations by Parliament of the first composition of the CPC and then for the re-introduction of a Competition Board. GRECO urges the authorities to ensure independence of the Commission for Prevention of Corruption, in particular through a balanced and sustainable composition and transparent procedures. GRECO wishes to stress that the current recommendation is to a large extent about operational independence of a corruption prevention authority.” (Recommendation xviii (86)).
We should note that prior to the adoption of the Law, the Coalition closely followed developments in the period from the first to the second reading, repeatedly stating that 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 (see https://armla.am/44019.html, https://armla.am/ 43693.html). Moreover, On 4 October, 2019, the CSO Anti-Corruption Coalition of Armenian submitted an application to the President of the Republic of Armenia with request on not signing the “RA Law on Making Amendments and Supplements to the RA Law on Corruption Prevention Commission” fully approved by the RA NA in the second reading on 13.09.2019. (https://armla.am/ 45040.html).
The Coalition has also regularly reported on these developments to international organizations, including GRECO, which as a result of a detailed study of the Coalition’s concerns has included them in the Report.
We reiterate that the priority for the Coalition is to be sovereign and pro-Armenian, and that the Coalition will continue its efforts to promote a happy, harmonious and corruption-free society in Armenia.
CSOs Anti-Corruption Coalition of Armenia
Secretariat