The
European Commission for Democracy through Law (Venice Commission) at its March
19-20, 2021 session decided to follow the draft of a law on funding safeguard for
the Ombudsman's work. This issue was discussed at the meeting of the Venice
Commission, and the Commission published its decision to follow the matter.
It is
worthwhile to note that the Government approved and sent to the National Assembly
a draft of proposed amendment to the RA Constitutional Law on the Human Rights
Defender, which envisages the abolition of Article 8, Section 5.
According
to this legislative requirement, each year the amount of allocation provided to
the Ombudsman and his staff, as well as the Ombudsman as a national prevention
mechanism, may not be less than the allocation provided by the state budget of
the previous year.
According
to the Human Rights Defender, the abolition of the mentioned norm will lead to
the abolition of the institutional independence of the Defender's institution.
Moreover, the proposed change carries a real risk that it will result in
deprivation of its currently held "A" raking/status internationally.
This, in turn, will automatically deprive the Defender of the opportunity to
make presentations and/or speeches in UN structures, and to be elected to
leading positions in international organizations.
Earlier,
the President of the European Network of Human Rights Institutions, ENNHRI,
addressed an open letter to the Speaker of the RA National Assembly, noting
that Article 8, Section 5 of the RA Constitutional Law on the Human Rights
Defender is the best practice in Europe and, he called for its preservation.
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