The Venice Commission has always said that amendments to electoral legislations should be made at least one year before the elections, but they should not be opposed when it is a question of improving, the Council of Europe body’s president, Gianni Buquicchio, said in Yerevan on Thursday when asked by RFE/RL’s Armenian Service to comment on the government-drafted amendments to the Electoral Code that twice failed to gain enough votes in the Armenian parliament late last month.
“You should not change the rules of the game just before the game, of course. But when there are good amendments we should not oppose it,” added Buquicchio, effectively contradicting the arguments of the former ruling Republican Party of Armenia that blocked the passage of the amendments, referring to the Venice Commission’s principle.
At its recent session the prestigious European body discussed the draft amendments submitted by the Armenian government, but it did not examine the text in full. “My personal assessment was that many of these amendments were good ones, improving the situation in the electoral legislation,” Buquicchio said, reaffirming his position voiced on October 20, a few days before the failed vote on the electoral reform package in the Armenian parliament.
“So, my position was that the amendments were welcome. I would have preferred, of course, that everything was done with more time, more dialogue, etc. But we are also to consider the specific political situation of Armenia and the need to clarify the situation in order to have a stable political scene,” he added.
Buquicchio’s statements had been differently construed by the Armenian government and its political rivals. While acting Prime Minister Nikol Pashinian and his allies in parliament took Buquicchio’s assessment as a go-ahead for the reform, the HHK insisted that the Electoral Code cannot be amended just six weeks before the expected elections.
The Venice Commission’s head said that the elections, which are likely to be held under the current electoral laws, will clarify the situation.
“If the present interim government wins the elections, it will have a parliamentary majority and will be in a position to govern the country well, making all the reforms they intend to do,” he said. “I held yesterday meetings with several authorities in Armenia – the prime minister, the deputy prime minister, the minister of justice, and they gave me the impression of being committed to change the situation in Armenia to make the necessary reform in order to improve even more the constitutional set-up of the country in many fields, including the electoral legislation. Because after the elections I think the amendments which were proposed and not adopted by parliament will be again studied, I recommend that the authorities do this in an open and transparent attitude and in dialogue with all the political forces of Armenia. And, of course, the Venice Commission will be there in order to help and contribute to have the best possible electoral legislation.”
In Buquicchio’s words, while it is important to have a good electoral legislation, “it is more important that the electoral process is an honest one, without fraud.”
“Much depends on the mentality and the culture…, the culture of the society and the authorities,” he said.
Buquicchio said that the next Armenian government will have also other fields to be engaged. “There are a lot of things to do in the field of the judiciary, in the field of the political parties-related legislation, not to speak about economic problems and other important reforms. But I am seeing a good will to go further and this is good. Of course, we must be prudent and, as you know, the proof of the cake is in eating it. So, let’s see whether all these good intentions will be followed by a real implementation. But I am confident, I am optimistic for the future of your country,” the Venice Commission’s president said.
The failure of the electoral reform package in parliament also raised concerns among most of the extra-parliamentary parties that consider running for parliament in early elections in December.
Particularly smaller parties fear that the preservation of the so-called regional lists of candidates running for parliament in individual races along with party lists will debase the political process, keeping the way open for the former ruling party and its “criminal oligarchy” to re-enter the legislature.