Styopa (Stepan) Safaryan, who heads the Heritage Party’s parliamentary faction today sent the following letter to Mr. Axel Fischer (Germany, EPP/CD) and Mr. John Prescott (United Kingdom, SOC), Co-rapporteurs for Armenia of the Parliamentary Assembly of the Council of Europe (PACE).

Honorable Ladies and Gentlemen,

Parliamentary elections slated for May 2012 will not only be a next democratic test for Armenia, but also a demonstration of political will and commitment to democratic perspective for the country.

In the course of two decades of Armenia’s independence, electoral processes have never been accepted with deep satisfaction either by Armenia’s society or international community. They have never been assessed as “fully complying with international standards,” and in domestic political life often ended with bloody tragedies as was the case with the 2008 presidential elections.

On the one hand, as asserted by numerous distinguished international organizations, politics and business are coalesced in Armenia, on the other hand, in political system a “winner takes it all” attitude stated in the provision 6.1 of PACE Resolution 1609 (2008) on “The Functioning of Democratic Institutions in Armenia”—these circumstances not only turned political life and elections into competition between criminal oligarchic groups, but also as “winners in the competition” they “take all” starting from national wealth up to the “endowment” of national and constitutional rights to their holders. In such a system political actors are impelled to play a backstage role, many of whom—either forced or on voluntary basis—at best serve as a facade for “democratic” fraud by criminal oligarchic groups.

Current trends of the political system and in this regard the corruption of electoral processes are more promoted and strengthened due to the availability of the majoritarian component in the mixed electoral system of Armenia. The overwhelming majority of 41 single-seat constituencies with minor exceptions make fertile ground for the representatives of groups of various calibers to enter the Parliament and to predetermine the apolitical nature of the latter. 

Those who appeared in the Parliament via the majoritarian system were and are the candidates of incumbent political authorities. The status quo is established between them through the following scheme: through the single-seat holders the ruling forces form a majority in the Parliament, while the deputies in return for their mandates ascertain their loyalty through not laying obstacles in the way of the policy carried out by the regime.

It is this electoral system that deepens the vicious practice of vote buying, giving sense to unprecedented auction among apolitical oligarchic groups for the voter’s support, where political programs and political activities are absent, and political parties and candidates are not competitive.  

Ladies and Gentlemen,
On December 27, 2011, the Heritage and Armenian Revolutionary Federation (ARF), parliamentary opposition parties, issued a joint proposal to ensure the abolition of majoritarian electoral system and transition to a 100 percent proportional one. Our move was hailed by approximately a dozen of extra-parliamentary political forces such as Armenian National Congress (ANC), “Free Democrats” party, “Turning Point” party, People’s Party (PP), Armenian Ramkavar Liberal Party (ADL), National Democratic Party (NDP), Socialist Labor Party of Armenia (SLPA), United Labour Party (ULP), Democratic Party of Armenia (DPA), as well as numerous civic groups and scholars.

The Heritage and ARF first put into circulation a package of ten proposals for the provisions subject to change, including one on proportional system already on August 4, 2010, ahead of launch of constitutional amendments to the Electoral Code. The package was sent to the European Commission for Democracy through Law (Venice Commission) for an expert opinion.

According to the latter, the political decision on the adoption of any kind of electoral system is up to the political forces of Armenia. Unfortunately, these and other proposals made by two opposition factions were not included in the Electoral Code adopted on May 26, 2011. Meanwhile, our consistent aim to have 2012 parliamentary elections got rid of the above-mentioned vices, deeply rooted in practice, forced the parliamentary opposition to reassert that proposal.

To note, according to the paragraph 6 of Resolution 1837 “The functioning of democratic institutions in Armenia” as of 2011 adopted by PACE, the forthcoming parliamentary elections are considered to be crucial for the democratic development of Armenia. “Democratic elections which result in a parliament that reflects all the relevant political forces in the Armenian society will consolidate the normalisation of the political environment and ensure the trust of the Armenian public in the political institutions of their country.”

The implementation of the international and domestic commitment undertaken by Armenia seems currently feasible through ruling out criminal oligarchic groups from the political arena and shifting competition to a 100 percent proportional system. For the purposes to bring this legislative initiative into life there is no need for constitutional amendments as it is often misrepresented, and we have enough time. The ball is in the ruling regime court to exert political will for the execution of the proposal largely supported by the opposition.

In his New Year’s address to the nation, President Serzh Sargsyan reflected on the upcoming elections. “As you know, next year is also a year of the elections to the National Assembly. On many instances, elections have been perceived, and I underline that it’s about perception of some, only as an opportunity to grip or retain power. It’s high time to realize that there are much more eminent goals. I have made my personal decision long ago – to do my best to get rid of those flawed stereotypes, to enroot principles of truly national and truly state approaches in the political life. I make no secret that to do that I have needed help and I still need help.” If the President is committed to normalizing the political environment and realizing systemic changes, the best indicator of the latter will be the adoption of political decision on the abolishment of the majoritarian electoral system.

In this regard, PACE adopted Resolution 1837 as of 2011, the 6.2 provision of which considers that “the new Electoral Code forms an adequate basis for the conduct of democratic elections, if implemented in good faith, but urges the authorities to address all recommendations and shortcomings that may be contained in the forthcoming opinion of the Venice Commission on the code as adopted”.

The above-mentioned joint final opinion “On the Electoral Code of Armenia,” adopted on 26 May, 2011, by Venice Commission and OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR), states that “the Electoral Code would benefit from further improvement in order to ensure full compliance with OSCE commitments, Council of Europe and other international standards for the conduct of democratic elections. Areas which could be addressed include: Removing excessive restrictions on candidacy rights; Ensuring a separation of state and party/candidate structures; Allocation of seats to marzes; Critically assess the use of new voting technologies for out-of-country voters; Improving provisions for the count and tabulation process, including the determination of election results; and Improving complaint and appeal procedures to better ensure an effective remedy”.

Venice Commission and OSCE/ODIHR also expressed readiness to assist national authorities in their efforts to improve the legal framework for elections.

Honorable Ladies and Gentlemen,
With this thorough analysis we appeal to you to contribute to the process of amending the Electoral Code and adopting the joint initiative by Heritage-ARF—a 100 percent proportional electoral system—backed by more than a dozen political forces.

Thank you in advance for cooperation.