Constitutional law expert Vardan Poghosyan has warned that removing the reference to Armenia’s Declaration of Independence from the draft of a new Constitution could threaten with the dissolution of the Armenian state.
“If the Declaration is removed from the new constitutional text, they are effectively dismantling the Republic of Armenia,” Poghosyan said in reference to Prime Minister Nikol Pashinyan’s recent comment that the Declaration should not be mentioned in the new Constitution, according to Pastinfo.
“If they take out the reference, it will appear as though they are creating a new republic, whose name and identity are unclear,” Poghosyan added.
He further noted that the push for an entirely new Constitution, instead of merely amending the current one, seems aimed at legally enabling the removal of the Declaration. “If it were just amendments, they wouldn’t have the authority to touch the preamble, not even a single letter. Clearly, the ‘new Constitution’ path was chosen to renounce the Declaration.”
Poghosyan also commented on the Ministry of Justice now being tasked with drafting the new Constitution, although a separate constitutional reform council and commission had previously been established for this purpose.
“The commission was doing the drafting, while the council gave directives. But now, it seems the ministry has taken over. I’m not aware of any official act transferring this responsibility. Perhaps it was an internal decision.”
He criticized the entire reform effort as a political performance aimed at creating a false sense of deep public consultation. “They have yet to produce a single concrete proposal, change, or draft of the new Constitution.”
Poghosyan concluded by saying he will only intervene once a draft is published — to show how it could pose a serious threat to Armenian statehood.
On April 16, Armenian Prime Minister Nikol Pashinyan stated in an interview with journalists that the new Constitution should not include a reference to the Declaration of Independence. “In my opinion, the new Constitution should not contain such a reference. But ultimately, the decision belongs to the people of Armenia,” he said, adding that political forces will present arguments both in favor and against.