Ms.
Caroline Fennel, President of the European Network of National Human Rights
Institutions (ENNHRI), sent an open letter to the President of the National
Assembly of Armenia Mr. Ararat Mirzoyan, noting that the guarantee of funding
the Constitutional Law of Armenia on the Human Rights Defender as the best
practice in Europe.
The letter
states that the Armenian Ombudsman has international "A" status,
which was last granted in March 2019, as it fully complies with the Paris
Principles of the United Nations. The letter emphasizes, that the GANHRI
Sub-Committee on Accreditation (SCA) may initiate a special review, which may
reveal that the conditions of operation the National Institution of Human
Rights have changed in a way that adversely affects its compliance with the UN Paris
Principles.
This
means that, as a result of the proposed change, the Office of the Human Rights
Defender may be deprived of the “A” status, which will automatically deprive
the Defender of his right to have speeches at the UN institutions to raise
issues of fundamental importance for the country, as well as the right to vote
and to be elected in leading positions of international organizations
(currently the institution uses all these opportunities. Check the last two (1)
(2) messages to the UN Human Rights Council).
In the
open letter, the European Network of National Human Rights Institutions
considered the issue of this guarantee in the context of the fact that earlier,
cars were taken аway from
the Human Rights Defender's Office by the Decision of the Government of the
Republic of Armenia, which negatively affects the resources and the reputation
of the Human Rights Defender.
According
to the open letter of the President of the ENHNRI, the current process and the
proposed amendments also raised concerns due to the fact that preliminary and
substantive consultations with the National Human Rights Institutions and the
public were necessary.
Moreover,
the President of the European Network of National Human Rights Institutions
emphasized that although the proper funding is partly determined by the overall
financial situation of the country, nonetheless, even in severely insufficient financial
conditions, states have a responsibility to protect the most vulnerable members
of society, who are often the victims of human rights violations. The relevant state
bodies are required to consult with the National Human Rights Institution to
understand what proper funding means and that the decisions should be based on
objective criteria.
In
the context of the abovementioned, the President of the European Network of
National Human Rights Institutions called the President of the Armenian
National Assembly for considering the amendment to Article 8(5) of the
Constitutional Law of Armenia on the Human Rights Defender in the context of a
comprehensive review of the relevant international standards, to ensure that
the Human Rights Defender can continue its effective and independent work.
Note:
The European Network of National Human Rights Institutions unites more than 40
European National Human Rights Institutions and its activities include issues
of compliance of National Human Rights Institutions with the UN Paris
Principles throughout their accreditation, as well as assistance to the NHRIS
when they are faced with threats.
The Human
Rights Defender's Office presents the full content of the letter translated
into Armenian.