45th SESSION
Report
CPL(2023)45-02
25 October 2023
Elections to the Council of Elders, City of Yerevan, Armenia
(17 September 2023)
Monitoring Committee
Rapporteur:[1] Carla DEJONGHE, Belgium (R, ILDG)
Summary
Further to an invitation by the Central Election Commission of the Republic of Armenia, the Congress deployed an election observation mission to assess the elections to the Council of Elders of the City of Yerevan held on 17 September 2023. On the election day, seven teams visited some 112 polling stations to observe the election procedure, from opening to closing and counting.
The Congress delegation assessed the election day as being technically well prepared, in line overall with international standards, and carried out in a professional and orderly manner. The delegation welcomed the 2020 and 2021 amendments to the Electoral Code which addressed some previous recommendations and contributed to a more transparent election process. Despite these improvements, the campaign was polarised, overshadowed by national security issues and marked by allegations of bias in favour of the candidate of the ruling party which did not contribute to a level playing field. The delegation regretted the lack of public interest in local elections, particularly among young voters, as seen in the lowest turnout ever recorded in Yerevan.
The Congress delegation noted areas for improvements which still need to be addressed in particular the lack of accessibility of polling stations, the quality of voters lists and the fact that these lists include a large number of voters who are residing de facto abroad, the persisting allegations of misuse of administrative resources as well as the underrepresentation of women as heads of candidate lists. In addition, as noted in 2017, the Congress delegation would welcome measures towards establishing one unified election day at the local level.
1. The Congress of Local and Regional Authorities refers to:
a. Article 1, paragraph 2 of the Committee of Ministers’ Statutory Resolution CM/Res (2020)1 on the Congress of Local and Regional Authorities of the Council of Europe;
b. the principles laid down in the European Charter of Local Self-Government (ETS No. 122) which was ratified by Armenia on 11 May 2001;
c. Chapter XIX of the Rules and Procedures on the practical organisation of election observation missions;
d. previous Congress reports on local elections in Armenia, including the Information report on partial local elections in Armenia (5 December 2021) and Information report on the elections to the Council of Elders of the City of Yerevan, Armenia (14 May 2017);
e. the invitation addressed to the Congress by the Central Election Commission of Armenia (CEC), dated 25 July 2023, to observe local elections held in Yerevan on 17 September 2023;
2. The Congress reiterates the fact that genuinely democratic local and regional elections are part of a process to establish and maintain democratic governance and that observation of grassroots elections is a key element in the Congress’s role as guardian of democracy at local and regional level.
3. The Congress acknowledges that, overall, the legal framework is conducive to holding democratic elections.
4. The Congress notes with satisfaction that:
a. the amendments to the Electoral Code in 2020 and 2021 addressed some previous Congress recommendations, strengthened the overall electoral legal framework and reinforced safeguards to eliminate the possibility of election fraud;
b. the Central Election Commission worked in a transparent, efficient and timely manner at the helm of a generally well-managed and professional election administration, which benefited from additional and more specialised training programmes;
c. overall the election day was calm and well-administered from opening to closing, without major incidents or anomalies, and counting was assessed positively, as shown in the wide acceptance of results by contestants;
d. the electronic voter authentication devices as well as the use of cameras for live streaming worked seamlessly throughout the day and seemed to be perceived by polling station commissioners, observers and voters alike as strong safeguards against potential violations;
e. efforts to reduce the possibility of abuse of assisted and carousel voting, including by using separate ballot papers with larger fonts and Braille covers for voters with visual impairments, seem to have been successful;
f. a wide range of political subjects ran in the elections, presenting voters with different programmes, and nearly all of them participated in the two televised debates broadcast at prime time on public TV.
5. At the same time, the Congress expresses its concern about the following issues:
a. despite some notable efforts, the accessibility of polling stations for voters with disabilities remained inadequate in most the polling stations visited and resorting to mobile ballot boxes is not foreseen for local elections, despite being used during national elections;
c. the campaign was low-key but polarised, revolving primarily around mayoral candidates, with local issues overshadowed by national security concerns and some contestants presenting programmes not in line with the responsibilities of the Yerevan Council of Elders;
d. the discrepancy in expenses between political subjects, the relatively high expense cap and the persisting legal gaps in party and campaign finances, did not allow for a level playing field;
e. the accuracy of voters list was not fully ensured as a result of the registration of citizens de facto living abroad to vote in local elections despite the lack of a genuine link with the municipality, and some anomalies observed on the lists on election day; furthermore, signed registers were published online a few days after the vote, which did not contribute to the full respect for the secrecy of the participation of voters;
f. the number of women heading candidate lists remained low at 14% and progress on the participation of women, in decision-making in Yerevan is slow despite the application of a 30% quota on lists;
g. independent candidates are prohibited from running, if they are not registered with a party or an alliance;
h. the lack of public interest in local elections, particularly among young voters, as seen in the low turnout.
6. In light of the above, the Congress invites the authorities of Armenia to:
a. further reinforce efforts to ensure accessibility to all polling stations and their surroundings in order to provide the same opportunities for all voters and standardise the deployment of mobile ballot boxes for all elections, while ensuring that their use is closely regulated;
b. implement existing legislation and regulations related to the misuse of public resources and provide for timely investigations and dissuasive sanctions in cases of violations;
c. strengthen oversight and control mechanisms with regard to political party and campaign finance, including by allocating more responsibilities to the Commission for the Prevention of Corruption, introducing provisions for the pre-campaign period and lowering the cap for expenditures;
d. undertake a review of the quality of the voters list in Yerevan, to ensure that the registers reflect the current voters residing in the capital and strongly consider alternatives to publishing the signed registers of voters;
e. provide incentives in order to strengthen the participation of women as head of candidate lists and contribute to a balanced representation in decision-making positions in Yerevan;
f. introduce legal provisions in order to allow for independent candidates to run in local proportional elections;
g. give serious consideration to the introduction of a single day of voting for local elections to facilitate and streamline the organisation of elections and raise awareness of issues of local significance.
7. The Congress calls on the Committee of Ministers and the Parliamentary Assembly of the Council of Europe to take account of this recommendation regarding the 2023 Yerevan elections and the accompanying explanatory memorandum in their activities relating to this member State.
1. INTRODUCTION
1. Following an invitation by the Central Election Commission of Armenia (CEC), received on 25 July 2023, the Congress of Local and Regional Authorities deployed an election observation mission to observe the elections to the Council of Elders held on 17 September 2023 in all 12 districts of Yerevan, the capital of Armenia. Ms Carla DEJONGHE (Belgium, ILDG, R) led the delegation, which comprised nine Congress members from nine member States, an expert and representatives of the Congress Secretariat.
2. The Electoral Code of Armenia allows for domestic and international election observation and grants access to all stages of the process to accredited organisations (Article 30 of the Electoral Code).[4] Individual citizens cannot take part in the observation of elections, if not registered with an organisation. In addition to the Congress, the European Platform for Democratic Elections, foreign electoral bodies and diplomatic corps deployed 90 observers and three domestic coalitions deployed 364 observers on the election day.
3. The Congress mission was carried out from 15 to 18 September 2023. Prior to the election day, the Congress delegation met various interlocutors including representatives of the CEC, the Ministry of Territorial Administration and Infrastructures and the Ministry of Justice, as well as the acting mayor of Yerevan and members of the delegation of Armenia to the Congress. In addition, the delegation held briefings with representatives of the diplomatic corps, of NGOs and the media as well as candidates of political lists running in the elections.
4. On the election day, seven Congress teams were deployed to all 12 districts of Yerevan to follow the electoral procedures in over 110 polling stations, including closing as well as counting in seven polling stations. The Congress delegation composition, the mission programme and deployment plan are appended to this explanatory memorandum.
5. The following report focuses specifically on issues arising out of exchanges during meetings held with Congress interlocutors in the context of the local elections held on 17 September in Yerevan and on observations made on the election day. The Congress wishes to thank all of those who met with the delegation for their open and constructive dialogue.
2. POLITICAL CONTEXT
6. Armenia is a parliamentary republic with a unicameral National Assembly consisting of 107 seats[5]. Armenia transitioned to a parliamentary system following the 2015 constitutional referendum. This change was perceived by many as a move by former President Sergh SARGSYAN of the Republican Party, in power since 2008, to remain in power after the termination of his second mandate. As a result, in spring 2018, mass anti-government protests led to the resignation of President SARGSYAN and wide-ranging political change in Armenia. This series of events is often referred to as the Armenian Revolution and current Prime Minister Nikol PASHINYAN is considered one of the political leaders of the uprising.
7. The current composition of the National Assembly, elected in early parliamentary elections in June 2021, consists of the ruling Civil Contract coalition (which has an absolute majority with 71 of the 107 seats), while two coalitions, Armenia Alliance and With Honour, hold 29 and seven seats respectively. In response to the political crisis that followed the 2020 Karabakh hostilities, PASHINYAN, first elected in 2018, called an early election for June 2021. His party won a comfortable majority and he was confirmed as prime minister.
8. The political context in Armenia is heavily shaped by the situation in Karabakh, which was reignited by the Autumn 2020 conflict, after decades of relative stability.[6] Since 2020, the perceived defeat, casualties and territorial losses have weighted heavily on the Armenian political landscape, including at local level. Since December 2022, the Lachin Corridor linking Armenia to the Karabakh region has been blocked, leading to severe shortages and rationing for the residents, which further increased the tensions. National security and humanitarian concerns stemming from the worsening situation in Lachin corridor heavily influenced the political debate and the local campaign for the Yerevan Council of Elders elections.[7]
9. In this context, the local elections in Yerevan were perceived by contestants and voters alike to constitute a litmus test for the legitimacy of the ruling party and its handling of the situation in Karabakh. Elections in Yerevan, with Yerevan being the economic and political centre of the country and home to over a third of the population, often take on a more national dimension and were expected to give an indication of the population’s attitude towards Prime Minister PASHINYAN, who has faced persistent and widespread criticism for his alleged poor handling of the Karabakh conflict in 2020 and the ongoing negotiations with Azerbaijan. Despite the Civil Contract party’s nationwide victory in 2021, PASHINYAN’s party finished second in a number of hard-fought local elections in subsequent years, including in Armenia’s second and third largest cities, Gyumri and Vanadzor.
10. The last elections for the Yerevan Council of Elders were held on 23 September 2018, with 979 candidates vying for 65 seats.[8] The early elections, held a year after the regular elections, were triggered by the resignation of mayor Taron MARGARYAN (Republican Party) in the wake of the 2018 Revolution. The voter turn-out was 43.66%. Well-known comedian and actor Hayk MARUTYAN, who headed the electoral list of the My Step Alliance (led by the Civil Contract party), was elected mayor after his party won a large majority of 57 seats. Prosperous Armenia won five seats and Bright Alliance three seats.[9] The Congress did not observe these elections.[10] Mayor Hayk MARUTYAN was later removed from office in December 2021 after losing a vote of no confidence following disagreements with the Civil Contract party. Deputy mayor Hrachya SARGSYAN (Civil Contract) was subsequently appointed mayor. He resigned from office on 17 March 2023 without giving a reason. No elections were held to replace him as the ruling faction decided not to elect a new mayor before the regular elections of 17 September 2023 and the city was led by first deputy mayor Levon HOVHANNISYAN as acting mayor.[11] Some observers noted the legal confusion regarding the appointment and tasks of deputy mayors and the requirement for the government to call early elections in of the event of the mayoral post becoming vacant.[12]
11. Ahead of the elections, 13 political parties and one alliance, representing 804 candidates, registered to run in the Yerevan Council of Elders elections, including the ruling party. Only one opposition party (Bright Armenia) held seats in the Council of Elders before the elections and none of the parliamentary opposition parties ran in the elections, due to internal disagreements and prioritising the national situation over local elections. Leading mayoral candidates included deputy mayor Tigran AVINYAN of the Civil Contract party and former mayor Hayk MARUTYAN, running for National Progress, a small political party. Other candidates included Ms Mane TANDILYAN of the Country of Living party, which is affiliated with Ruben VARDANYAN, who briefly served as Karabakh’s de facto representative and the Mother Armenia alliance, which received the support of the Armenia faction of the National Assembly.
3. ADMINISTRATIVE STRUCTURE OF LOCAL GOVERNANCE
12. Armenia is a unitary state with a single level of local self-government regulated by Article 9 of the Constitution and the Law on Local Self-Government (LSG).[13] Armenia is divided into 10 provinces (marzes), whichare not considered bodies of local self-government, as they have no elected representative bodies and are subordinate to the national government.
13. Armenia has recently carried out a comprehensive reform of its territorial administration with the aim to create more efficient municipalities that would be able to take on a larger share of public tasks. In theory, the mergers were carried out taking into account the geographical, historical and social links between the respective municipalities and their economic potential. Previously fragmented into 915 units, local governments were gradually merged in three phases into 71 plus seven standalone municipalities with a large majority of national minorities, mainly Yazidi, Assyrian and Russian. The 2020 Monitoring mission Rapporteurs noted that interlocutors mentioned two important missing components in this reform: objective and transparent criteria for amalgamation that could be widely discussed and agreed upon; and good communication of the rationale behind the reform and its potential benefits that were not sufficiently apparent to local authorities and the public.[14] Other Congress interlocutors also mentioned that the rationale behind the amalgamation was political.
14. Local self-government in the city of Yerevan is regulated by the Law on LSG in Yerevan, as amended in 2023.[15] Accordingly, the city of Yerevan is divided into 12 administrative districts (Article 86): Ajapnyak, Avan, Arabkir, Davtashen, Erebuni, Kentron, Malatia-Sebastia, Nor Nork, Nork-Marash, Nubarashen, Shengavit and Kanaker-Zeytun.[16] Local government bodies comprise the Council of Elders of Yerevan and the mayor of Yerevan.
15. The Yerevan Council of Elders, the governing body of the capital, consists of 65 members who serve five-year terms and elects the mayor from among themselves. The council can dismiss the mayor after a no-confidence vote is tabled by at least one third of the members and voted by a simple majority. Council members cannot be employees of the municipality nor work in the police or as a judge.
16. The mayor of Yerevan is a member of the Council of Elders and thus serves the same five-year term. He/she represents Yerevan as a municipality, the Council of Elders and the city administration in relations with third parties. He/she administers the municipality. The office of mayor is incompatible with other paid activities, with the exception of scientific, pedagogical and creative tasks. The mayor has a first deputy who must be a member of the council and is the only one who can replace the mayor in case of a vacancy (acting mayor). The mayor can have in total no more than five deputies, who are not necessarily Council members. His/her mandate can be terminated for various reasons, including a final judicial decision, a conflict of interest, or if a local community is reorganised into another administrative territorial unit (Article 26 of the Law on LSG).[17]
17. Under Armenian law, it is foreseen that in cases where a vacancy arises following the resignation or dismissal of the mayor, the Council of Elders must meet to elect a new mayor within two weeks (Article 17 of the Law of LSG of Yerevan). In December 2021, Hrachya SARGSYAN of the Civil Contract party was elected mayor of Yerevan and Levon HOVHANNISYAN, another member of the Council of Elders, was appointed first deputy-mayor. Following Mr SARGSYAN’s resignation, Levon HOVHANNISYAN became acting mayor. He proposed to set the date for the early indirect election of the mayor of Yerevan on 11 April 2023, but the ruling faction decided not to attend the council meeting and Mr HOVHANNISYAN remained acting mayor. Extra confusion was added as the government could have dissolved the council and called extraordinary elections since a mayor had not been elected in the two weeks following the session to elect a new mayor (11 April – Article 142.2 of the Electoral Code) but instead chose to wait for the regular elections.
18. On the other hand, Tigran AVINYAN, long nominated head of the Civil Contract list for the 2023 elections, was appointed fourth deputy-mayor in September 2022 and was often perceived as the acting mayor, despite not being a member of the Council of Elders nor the first deputy-mayor. Mr AVINYAN was entrusted with a wide range of responsibilities such as representation of the municipality, chairing the council, or topics such as construction, culture and tourism, the economy as well as transport departments, which are usually only awarded to the first deputy mayor of the municipality. With the resignation of Mr SARGSYAN in March 2023, the powers of Mr AVINYAN were extended to include the organisation of the work of the Yerevan Municipality and the management of procedural sessions.[18] Many Congress interlocutors expressed their concern that his appointment allowed him to unduly benefit from incumbency and to bypass the rules of procedures of the municipality. Some also regretted the manipulation of the legal framework by the ruling party regarding appointments and responsibilities of mayors.
19. For a more in-depth analysis of local self-government in Armenia, the Congress delegation refers to Congress Recommendation 456 (2021) on the Monitoring of the application of the European Charter of Local Self-Government in Armenia and its explanatory memorandum.[19] The Congress delegation noted with concern that municipalities remain financially dependent on government funding, in particular for infrastructure projects. Some Congress interlocutors questioned the timing of the distribution of important additional budget from the government to the municipality of Yerevan a few months before the elections. In addition, since 2018, there have been reports of mayors who were elected but ousted and replaced by appointed mayors for a variety of reasons, including resignations, dismissals, office terminations caused by amalgamation. The Congress delegation also noted that government chose not to follow the procedure in the event of the mayoral seat becoming vacant and was concerned that the legal confusion and positioning of Mr AVINYAN as acting mayor did not contribute to a level playing field in the pre-election campaign. More clarity regarding the replacement of the mayor and the tasks of all deputy mayors should be provided to ensure full independence of the municipal executive bodies.
4. DOMESTIC AND INTERNATIONAL LEGAL FRAMEWORK
4.1. Domestic legal framework
20. Local elections in Armenia are regulated by the Constitution, which provides for fundamental rights, including freedom of expression, of the media and of assembly and by the Electoral Code, as last amended in 2021.[20] Most Congress interlocutors were confident that the domestic legal framework is detailed and robust enough and is largely conducive to holding democratic elections.
21. The Constitution of Armenia was adopted by referendum in 1995 and amended in 2005 and 2015, also by referendum. The 2015 amendments were aimed at transforming the semi-presidential system into a parliamentary republic. The amendments also affected the composition of the National Assembly, the election and appointment of the prime minister and his/her duties, the responsibilities of the president, the powers of the judiciary, and election procedures. The prime minister was granted extended executive powers while direct presidential elections were abolished, making the president a more ceremonial figure.
22. The Electoral Code, originally adopted in May 2016, was last amended in 2020 and 2021. It regulates both local and national elections. The 2016 Code included new provisions on the introduction of voter authentication devices, publishing signed voter lists with technical equipment, and video cameras in polling stations, the expansion of the CEC's regulatory powers and appointment procedures for CEC members, as well as higher gender quotas.
23. The 2020 amendments to the Electoral Code made significant changes to local elections by shifting the electoral system from majoritarian to proportional in most races and as a result introducing an indirect election of mayors in municipalities with more than 4 000 voters. In addition, the electoral threshold for seat distribution was lowered from 6 % for political parties and 8 % for alliances to 4 % and 6 %, respectively. Furthermore, a one-third gender quota was introduced for proportional local elections. Artificial bonus seats for the winning list were also scrapped.
24. In 2021, two other sets of amendments to the Electoral Code were adopted, which included the introduction of a geographic quota, the lowering of election deposits, fairer election coverage in the media, and clarifications on the use of administrative funds and campaign finance reporting. It also strengthened provisions to facilitate the participation of women and persons with disabilities in elections. In addition, the amendments provided for an update of the CEC website, increasing the type and amount of information provided on the website, including the requirement to publish voter lists.[21] The Venice Commission and ODIHR questioned the necessity of imposing thresholds for proportional elections at the local level, as well as the relevance of different thresholds for alliances and political parties.[22]
25. The electoral reform was again prioritised in the 2022-2026 Judicial and Legal Reform Strategy. A new package of amendments to electoral legislation was prepared in early 2023, and in July 2023, the Ministry of Justice requested the Venice Commission's opinion on a legislative package containing amendments to the Electoral Code and related legislation, to take effect in 2024. Among other things, the legislative package provides for changes related to the principles of elections in times of emergency, general principles, the inclusion of certain groups of voters on the lists, the conditions for campaigning, the accessibility of polling stations, and the representation of women in the Council of Elders. A joint opinion of the Venice Commission and the OSCE/ODIHR was adopted at the 136th plenary session of the Venice Commission on 6 October 2023. It welcomes some of the changes but also highlights that these amendments do not address all previous recommendations including the publication of signed lists and the architecture of party and campaign finance.[23]
26. As provided for by Article 104.1 of the Electoral Code, the electoral system used in local elections in Armenia depends on the size of the municipality: in municipalities with fewer than 4 000 voters, mayors are elected directly by the citizens and councillors are elected using the majoritarian system. In larger municipalities, including Yerevan, councillors are elected using the proportional system and elect the mayor from among themselves (section 6 of the Electoral Code). Local elections are held on separate days.
27. Regular elections of the Council of Elders of Yerevan are to be called by a decision of the Government of Armenia so that the decision enters into force no later than 60 days before the voting day (Article 127 of the Electoral Code). The government called for elections on 13 July 2023. Elections of the Council of Elders are held every five years by secret ballot based on universal, equal, free and direct suffrage. Early elections in Yerevan can only be called by a decision of the government and can be triggered by the vacancy of the mayoral seat or the resignation of more than half of the members of the Council of Elders (Article 128 of the Electoral Code). Members are elected from closed lists without preferential voting within a single citywide constituency. In the absence of a mayor since March 2023, the government had the power to dissolve the council and call early elections but did not use it.
28. As indicated in Article 141 of the Electoral Code, the method for seat distribution is the largest remainder. However, to qualify for the distribution of seats, parties must reach a 4% threshold and alliances must reach a 6% threshold of votes cast. In addition, the Council of Elders is to be composed of at least three political subjects. If only two reach the threshold, the one that performed third best participates in seat allocation. These provisions aim to improve the fairness and representativeness of local elections in Armenia.
29. The mayor of Yerevan is elected by the members of the Council of Elders by a simple majority. If a list receives more than 50% of the votes, the corresponding list leader is automatically considered to be elected mayor, unless he/she refuses or does not meet the requirements. Political groups may also nominate their candidates. If necessary, a second round can be organised (Chapter 30.1 of the Electoral Code). Requirements to be elected mayor of Yerevan include being over 30 years old and holding citizenship of Armenia solely (Article 42 of the Law of LSG in the City of Yerevan).
30. The Congress delegation welcomed the progress that has been made in recent years to strengthen the legal framework and the political will from the government to collaborate with domestic and international stakeholders to draft the amendments submitted for a joint opinion of the Venice Commission and OSCE/ODIHR. However, the opinion highlighted that areas could be further improved in the Electoral Code and related legislation such as the organisation of elections during emergencies, the publication of signed lists, and the architecture of party and campaign finance. Furthermore, the Congress delegation recommends, as was the case in 2017 and 2021, establishing one unified election day at the local level, in order to raise public awareness of local democracy.
4.2. International legal framework
31. The rights of citizens to vote – and to stand– in periodic, genuine democratic elections are internationally recognised human rights, as stated in Article 21 of the Universal Declaration of Human Rights, which provides that: “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives […]. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures”.[24]
32. Article 25 of the United Nations Covenant on Civil and Political Rights (ICCPR) also provides for the right to vote and stand in elections: “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors”.[25]
33. At European level, the right of all citizens to free elections is guaranteed by Article 3 of the Additional Protocol to the European Convention on Human Rights[26]: “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature”.
34. With respect to local and regional elections, Article 3.2 of the European Charter of Local Self-Government[27] sets out that local self-government shall be: “exercised by councils or assemblies composed of members freely elected by secret ballot on the basis of direct, equal, universal suffrage, and which may possess executive organs responsible to them”. The citizens’ rights to exercise their democratic choice is the foundation of political participation at local and regional level. This principle is also enshrined in the preamble to the Additional Protocol to the European Charter of Local Self‑government on the right to participate in the affairs of a local authority, which was ratified by Armenia in 2013.[28]
35. In addition to the above-mentioned international treaties, soft law instruments also guide Congress observation missions including Congress Resolutions 306 (2010) on the Observation of Local and Regional Elections[29] and 274 (2008) on the Congress Policy in observing local and regional elections[30] as well as the Venice Commission Code of Good Practice in Electoral Matters, which specifies guidelines on the five principles underlying Europe’s electoral heritage, namely “universal, equal, free, secret and direct suffrage”.[31]
36. Specifically on election observation, the Congress also refers to Article 8 of the 1990 Copenhagen document which provides that: “The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceedings, to the extent permitted by law. They will also endeavour to facilitate similar access for election proceedings held below the national level”.[32]
37. Genuine elections to establish democratic governance cannot be achieved without rule of law and unless a wide range of other human rights and fundamental freedoms are guaranteed without discrimination. Consequently, the conclusions of observation reports are also informed by issue-specific resolutions, recommendations, and opinions adopted by the Congress and the Venice Commission which each address different aspects of the electoral process. The Congress specifically addressed the following subjects through the adoption of transversal reports on: electoral lists and voters residing abroad; criteria for standing in elections; the use of administrative resources: local voting rights; elections during crisis situations; and, the situation of independent and opposition candidates.[33] The Congress also incorporates the thematic work of the Venice Commission into its reports, notably their standards concerning, inter alia, the use of technology, campaigns, dispute resolution, gender representation, persons with disabilities, national minorities, electoral systems and the media.[34]
4.3. Previous Congress election observation information reports
38. The Congress observed the 2017 elections to the Council of Elders of the City of Yerevan and found that the elections were generally well-prepared and conducted in an orderly manner, in line with international standards. However, there were certain issues of concern that needed to be addressed to enhance citizens' trust in the electoral process. It is worth noting that the organisation of local elections just a month after the parliamentary elections had a negative impact on the turn-out, with only 41% of eligible voters participating. This suggested a lack of public interest and fatigue in grassroots elections.[35] Recommendations included improvements to the accessibility of polling stations and the accuracy of voters lists, the introduction of provisions related to independent candidates, as well as the establishment of a single day of voting. The delegation also called for systematic investigations into (and sanctioning of) vote-buying and misuse of administrative resources by the relevant authorities to ensure the integrity of the elections and to increase public trust in the electoral process.
39. In 2021, the Congress conducted a remote procedure to observe the partial local elections held on 5 December 2021 in 38 newly amalgamated municipalities of Armenia.[36] Compared to previous elections, the Congress welcomed positive developments, mainly in terms of reducing the risks of electoral fraud, such as vote buying, carousel, assisted and family voting. The challenge of educating voters on the significance of elections, as well as on the complex voting procedures remained acute. It was noted that further efforts should also be made for women to become real stakeholders in the political arena and in holding locally elected functions. Most polling stations were still not fully accessible for persons with disabilities. In addition, the delegation highlighted that no changes to the legal framework should be adopted too close to elections in line with the Venice Commission Code of Good Practice in Electoral Matters.
5. ELECTION ADMINISTRATION[37]
40. The election administration of Armenia consists of three levels, comprising the Central Election Commission (CEC), the Territorial Election Commissions (TECs) and the Precinct Election Commissions (PECs). For the 2023 Yerevan elections, 10 TECs and 475 PECs were established. The 10 TECs covered the borders of the 12 districts of Yerevan, except for Erebuni and Nubarashen, which shared one TEC as well as Kentron and Nork-Marash.
41. As indicated in Article 42 of the Electoral Code, the CEC is an independent, permanent and professional body with seven members elected for a six-year term by parliament (by three fifths majority) or, in exceptional cases, by the President of the Republic after pre-selection by a standing committee. The number of consecutive terms is limited to two. The current composition of the CEC was elected (or re-elected for some members) in October 2022 and consists of three men, and four women. Each gender must be represented by at least two members. The current Chairman of the CEC, Mr Vahagn HOVAKIMYAN, was nominated and elected exclusively by the Civil Contract faction in the National Assembly, which raised concerns among the opposition and civil society groups about the independence and neutrality of the CEC, in particular in the period preceding the campaign, concerns that were also shared by some Congress interlocutors.[38]
42. The CEC is responsible for organising elections and referendums at all levels. It can also adopt regulations and procedural rules on the elections. The CEC is also responsible for voter education, training of TECs and PECs, accreditation of the media and observers, and ensuring accessibility of polling stations. For Yerevan Council of Elders elections, the CEC is granted additional responsibilities (Article 51 of the Electoral Code). It registers the lists of candidates, draws up the preliminary results, oversees the recounts and declares the candidates elected.
43. Ten Territorial Election Commissions (TECs) form the second level of election administration in Yerevan. TECs are also permanent and professional bodies constituted of seven members, including at least two members of each gender. Members are appointed unanimously by the CEC after an open call for applications (Article 43 of the Electoral Code). The current TEC composition was decided in 2022. TEC members must have the right to vote, be legally trained and not be affiliated with any political subject. TECs are usually responsible for organising local elections, registering lists or individual candidates, summarising the results, approving sample ballots and providing materials and necessary supplies to PECs. They also oversee the tabulation of results and can declare the results of a precinct invalid (Articles 51-52 of the Electoral Code). For Yerevan Council of Elders elections, the tasks of the TECs are more limited and include the supervision of the work of the PECs, by handling complaints and reviewing the decisions of the PECs.
44. Precinct Election Commissions (PECs) form the third tier of election administration and are established for each election based on the number of registered voters. A precinct is established for a maximum of 2 000 registered voters (Article 16 of the Electoral Code). The PECs consist of at least seven members: two members are nominated by the relevant TEC and up to six members are nominated by political parties that have a parliamentary group in the National Assembly. Currently, three factions are represented in the assembly, which nominates two members each per PEC (Article 44 of the Electoral Code). For these local elections, 475 PECs were established with on average 1 500 voters registered per PEC and consisting of a total of 3 800 commissioners. PEC management positions were also decided upon the distribution of seats in the National Assembly, hence providing a large majority to the ruling party.[39] Training open to all members was conducted from 4 to 12 September 2023, including reinforced training followed by a test for chairpersons and secretaries.[40] Despite training not being compulsory for all, the Congress delegation was informed that a large majority of PEC members attended the training.
45. Overall, the election administration worked in a professional and timely manner and the majority of Congress interlocutors expressed no particular concern on this matter. Some also commended the openness of the CEC to dialogue and change, including on the next Electoral Code amendments and on the introduction of practical improvements, such as the introduction of new electronic registration services for lists (also for billboards and declaration of interests). In addition, a dedicated CEC website published lists of candidates and manifestos, names of TEC and PEC members and rules on campaigning (airtime on public channels, finances, electoral deposits).[41] CEC sessions were streamed and later published on the website. The CEC also provided an e-learning platform[42] and prepared Braille ballots and guides for the visually impaired. Despite these changes, levels of trust in election administration remain low, with a public perception survey ahead of the elections finding that 52% of surveyed residents did not believe that the elections would be fair.[43].
46. The Congress delegation noted with satisfaction that the amendments to the Electoral Code in 2020 and 2021 addressed some previous Congress recommendations, strengthened the overall electoral legal framework and reinforced safeguards to eliminate the possibility of election fraud. It also welcomed the fact that the CEC worked in a transparent, efficient and timely manner at the helm of a generally well-managed and professional election administration, which benefited from additional and more specialised training programmes. The CEC could also consider making training of PEC members compulsory.
6. VOTER REGISTRATION
47. Citizens of Armenia aged over 18 on election day and registered in the population register of the community where the elections are held for a period of at least six months before election day have the right to vote and to be elected. Armenian citizens with no registration for at least six months before election day due to fixed-term military service or imprisonment can also vote, with the exception of citizens that have committed grave offences. Non-Armenian residents registered as permanent residents for at least one year before the election day can also vote (Article 2 of the Electoral Code).
48. Registration is passive process in Armenia and voters lists are established via the central Register of Voters, which is a permanent database maintained by the police’s Passport and Visa Department. This department is also responsible for eliminating possible inaccuracies in the register and for notifying voters accordingly. For local elections, separate registers are drawn up for voters not holding citizenship. The list of voters used by voter authentication devices is electronic and compiled on the basis of both the Register of Voters of Armenia and the separate registers for non-citizens (Articles 2‑15 of the Electoral Code).
49. For this election, 823 559 voters were registered (about 25 000 fewer than in 2018).[44] The CEC explained to the Congress delegation that the 2021 Electoral Code amendments provided for the removal of voters from the registers whose identity documents had expired for more than six months. In addition, 14 839 non-Armenian citizens were also registered, including 10 308 citizens of the Russian Federation.
50. For voters who are not included in the regular voters list for several reasons, supplementary voters lists are drawn up when these voters present themselves at a polling station on election day with a statement of information or a civil court decision to be included in a supplementary voters list. At the time of closure, the PEC chairperson shall indicate the total number of voters included in the supplementary voters list (Articles 14-15 of the Electoral Code). For the 2023 elections, only 67 voters were registered on the supplementary list on election day.[45]
51. Provisional voters lists are published online 40 days before and final lists seven days before the elections on the police website.[46] Voters can request changes to their personal details or correct inaccuracies throughout the year as the CEC meets every six months to review the register, and up to 14 days before the elections. PEC chairpersons must display the provisional lists as soon as they are published and the final lists two days before to seven days after the election day (Article 13 of the Electoral Code). The CEC informed the Congress delegation that there was no specific complaint about the voter register, just inquiries about the procedures for amending the registers.
52. The Electoral Code provides for assisted voting but does not allow proxy voting. Voters can require assistance from another voter registered in the same polling station and the identity of the assistant must be recorded in the logbook (Article 67.9 of the Electoral Code). Voting using mobile ballot boxes is not allowed in local elections, despite the fact that hospitalised and imprisoned voters can benefit from this possibility in national elections. The CEC explained this fact by the logistical difficulties of making sure patients/detainees are registered to vote in Yerevan and by higher risks of fraud.[47] Voters with mobility disabilities can change their assigned polling station to another that is more accessible. According to the Chairman of the CEC, 185 out of 475 polling stations were accessible for persons with disabilities and an interactive map was published on the CEC webpage. Many Congress interlocutors regretted the absence of mobile ballot boxes and the persisting hurdles to ensure accessibility of all polling stations, despite recent efforts.
53. Overall, the voter registration process was completed in a timely manner. However, as previously noted by Congress delegations, the presence on the registers of voters living de facto abroad remains a concern, also shared by some Congress interlocutors. These voters are often automatically registered even though they do not actually live in these communities. This is not in line with Congress Recommendation 369 (2015) on Electoral lists and voters residing de facto abroad and is also problematic regarding the calculation of voter turnout.[48] In the past, it has led to identity fraud, but it also impacts turnout rates in areas providing many candidates for emigration. In addition, the quality of voters list was questioned by some interlocutors who alleged that in some areas voters were registered in larger numbers at the same address (for example in new unoccupied buildings).
54. As observed in 2017, the Congress delegation noted with concern that the quality of voters list was not fully ensured as a result of the registration of citizens de facto living abroad to vote in local elections despite the lack of a genuine link with the municipality, and some anomalies observed with the lists on election day. With mobile ballot boxes only available for national elections, the Congress delegation invites the election administration to consider alternatives for voters in hospitals, detention facilities and with disabilities to cast their vote.
7. CANDIDATE REGISTRATION
55. Candidates for local elections must be 18 years old and eligible to vote in the municipality. The mayor of Yerevan must be over 30 years old and must hold sole citizenship of Armenia. Candidates for mayors must be placed first on the list. Article 126 of the Electoral Code expressly excludes bearers of certain public functions from being elected mayors or local councillors, such as judges, prosecutors, tax authority employees and those serving in the military.
56. In proportional elections, nominations are reserved for political parties and their alliances and independent candidates are not allowed to run without registering on a list, in which case, independents can only make up to 30% of the candidates on that list.[49] Unlike for other communities under the proportional system, electoral lists of political parties running in the Yerevan elections are to be registered not by the TECs but by the CEC, as envisaged in Article 51 of the Electoral Code. Lists must include at least 22 and at most 195 candidates (one third to three times the number of councillors). In addition to the relevant documentation and authorisations, parties and alliances must submit proof of payment of a campaign deposit (three million Armenian dram (AMD), approximately. € 7300).
57. Registration for the Yerevan elections was open from 3 to 13 August 2023 and the CEC did not declare any candidacy or list invalid for these elections.[50] The registration process was transparent and conducted in a professional and timely manner, with no political subject being refused registration. A total of 13 political parties and one alliance were registered and included a total 804 candidates. Political subjects all abided with the 30% gender quota and placement instructions included in the 2020 amendments (one of the other gender every three candidates). Two lists achieved gender parity and a total of 302 women ran in these elections (37%). However, only two women headed lists and women were often placed third on the lists (in nine out of 14 of the registered lists).[51]
58. While the Electoral Code establishes dedicated seats for national minorities in the National Assembly, such arrangements do not apply to the local level and there is no specific regulation for the proportional representation of national minorities in Yerevan or minority-rich amalgamated communities.[52]
59. The Congress delegation noted, as in 2017, that provisions to ensure the participation of independent candidates do not apply to the elections of the Council of Elders of Yerevan, despite their important contribution to local democracy and recommended introducing legal provisions to address this situation in line with Congress Recommendation 476(2022) on the situation of independent candidates and opposition in local and regional elections.[53] In addition, the delegation noted the relatively high requirements for becoming mayor – being over 30 years old and a sole citizen of Armenia – and believed that the maturity of a candidate should be determined by voters alone who should be trusted to choose the most appropriate and qualified candidate to represent them, as stated in Congress Recommendation 375 (2015) on the Criteria for standing in local and regional elections. Furthermore, as Armenia recognises dual citizenship, this requirement does not provide equal opportunities for dual citizens to actively participate in local politics.
60. Furthermore, the Congress delegation welcomed the successful application of the 30% gender quota but regretted the persistent low participation of women as head candidates on lists. In addition, the Electoral Code still does not require that an outgoing female candidate or councillor be automatically replaced by another woman, which has led to women being replaced by men in the past.[54] The delegation recommends providing incentives in order to strengthen the participation of women as head candidates on lists and to contribute to a more balanced representation in decision-making positions in Yerevan.
8. ELECTION CAMPAIGN
61. The election campaign is primarily regulated by Chapters 4 and 29 of the Electoral Code. The Electoral Code regulates the display of propaganda materials as well as fair media coverage and stipulates the activities that are prohibited, including campaigning by state and community civil servants during their working hours, as well as the misuse of administrative resources, vote-buying and personal promises to voters. It prohibits charity activities by organisations linked to political subjects. The Code also provides for public premises and areas to display billboards that are to be made available free of charge to all contestants.[55] In addition, Chapter 28 of the Criminal Code strictly prohibits electoral crimes, such as coercing someone to participate in a campaign, receiving or offering bribes and obstructing the work of election commissions.[56] Fundamental freedoms of assembly and expression are enshrined in the Constitution and were mostly respected during this campaign.[57]
62. The official campaign period started five days after the finalisation of candidate registration, on 23 August and ended on 15 September. It was followed by a period of electoral silence on 16 and 17 September, when campaigning was prohibited in presence and online (Article 19 of the Electoral Code). Electoral silence was widely respected with some online breaches reported. For the Yerevan elections, some activities that could be considered as campaigning and fundraising were observed in the run-up to 23 August, but these activities are not prohibited by law.[58].
63. Overall, the campaign was competitive, despite the parliamentary opposition not running, and rather low-key due to the security situation, with political subjects competing mostly through their mayoral candidates.[59] In practice, parties running in these elections were formed mostly on a personal rather than a programmatic basis, with some presenting few to no ideas for Yerevan. While all parties campaigned actively on social networks, some parties also used billboards, public events and rallies, and small parties favoured face-to-face meetings with voters. Campaign materials were visible throughout the city, but not for all lists. Attacks on personalities and name-calling aimed at the head candidates and at Prime Minister PASHINYAN, pervaded the campaign.
64. The main topics discussed during the campaign were the consequences of the conflict in Karabakh and its possible resolution, despite the Council of Elders of Yerevan not being granted responsibilities in the field of national security. Furthermore, an opinion survey released in May 2023 showed that Yerevan respondents believed that the new mayor should address as a priority public transport, waste management and the greening of the city.[60] Some political subjects, notably the ruling Civil Contract party, tried to address these concerns in their programmes. However, as many Congress interlocutors noted, these elections were perceived as a test for the legitimacy of the ruling party and as an indication of the population’s attitude towards Prime Minister PASHINYAN, who faced persistent criticism for his alleged poor handling of the Karabakh hostilities in 2020 and for deviating from his past promises. Most parties campaigned along the lines of being pro or anti-government. Some parties with no local programmes tried to use these elections as a first step to remove the ruling party from power.
65. Allegations of misuse of administrative resources surfaced before and during the campaign. In July, the “Fact Investigation Platform” of the NGO Union of Informed Citizens published a report on civil servants being allegedly asked to collect the names of potential Civil Contract voters during their working hours, which could constitute a misuse of administrative resources.[61] The CEC Chairman publicly stated that he did not consider this case a misuse of administrative resources and refused to conduct an investigation, leading to questions about the impartiality of the CEC.[62] In addition, the leading party's refusal to elect a new mayor months before the elections was perceived by many interlocutors as a tactic to increase the visibility and popularity of mayoral candidate Tigran AVINYAN.[63] In the months preceding the official campaign, AVINYAN chaired meetings with city officials, gave them instructions and talked to ordinary citizens, leading critics to accuse him of campaigning prematurely. The domestic observation coalition Eyewitness published an in-depth analysis of the Civil Contract party's pre-election campaign on 23 August 2023 and claimed that the coverage of AVINYAN’s activities significantly exceeded the coverage of the acting mayor[64]. It also noted the fact that AVINYAN was under investigation by the Public Prosecutor’s Office for conflict of interest.
66. In addition, the Eyewitness and the Independent Observer coalitions of domestic observers reported throughout the official campaign period some alleged violations of the Election and/or Criminal Codes as part of their election monitoring projects. They welcomed however the fact that no case of election bribery was noted. Alleged violations included photos that were not labelled as election propaganda and published in online media, the recruitment of people by the Civil Contract party to participate in its rallies and marches, promises of gifts to voters by the Country of Living party (and theatre tickets), or the use of fake accounts on social media to spread misinformation and slander about other candidates. Domestic observers also noted the numerous allegations of civil servants being asked or invited to participate to the rallies of the Civil Contract party (and sometimes bussed from other provinces), including during their working hours. On 15 September, the Civil Contract party organised a large rally in front of the municipality where participants were allegedly brought from other provinces. Prime Minister PASHINYAN participated in the rally, further blurring the line between the ruling party and the state.[65]
67. The Congress delegation heard several allegations from different interlocutors about the persistent misuse of administrative resources, which while not reaching levels observed in the past although more visible than in 2021, did not contribute to a level playing field. Congress interlocutors indicated that the alleged abuses were used as a public relation tool during the campaign. The Eyewitness coalition regretted a return to practices seen in previous elections. Many interlocutors also regretted that municipality projects, often launched by previous administrations or extensively funded by the central government or the EU were presented as sole achievements of the ruling party.[66] The Congress delegation also heard allegations from Public Voice party representatives that some of their leaders were subjected to criminal investigations or arrested on unfounded charges and detained long enough to prevent them from campaigning.
68. The Congress delegation noted with concern the increasingly blurred distinction between official and campaigning activities, including ahead of the official campaign period, and reports of misuse of public resources and participation of public-sector employees in campaign events, which unduly benefitted the candidate of the ruling party. It also noted that the campaign was low-key but polarised, revolving primarily around mayoral candidates. The delegation regretted that local issues were overshadowed by national security concerns and some contestants presented programmes not in line with the competencies of the Yerevan Council of Elders. It recommended further implementing existing legislation and regulations related to the misuse of public resources and providing for timely and robust investigations and dissuasive sanctions in case of violations.
9. CAMPAIGN AND POLITICAL PARTY FINANCE
69. Campaign financing is primarily regulated by the Electoral Code and the Law on Political Parties, as amended in 2020.[67] The 2021 amendments to the Electoral Code brought notable changes to the legal framework for campaign and party financing and addressed some previous recommendations of the Venice Commission and the OSCE/ODIHR. These welcomed changes covered corporate donations to parties, commercial transactions by political parties, limits on annual party income and public funding. Campaign and party finance are handled by two different entities: while the responsibility to oversee political party finance and annual reporting is granted to the Corruption Prevention Commission (CPC), as regulated by the Law on the Corruption Prevention Commission, the responsibility to oversee campaign finance lies with the CEC and only applies to the official campaign period (Articles 28-29 of the Electoral Code).
70. Annual public funding of political parties is available for parties reaching a certain threshold in parliamentary elections and was substantially increased in 2021. Distribution of public funds is gradual, based on the percentage of votes received.[68] For 2022, AMD 520.7 million (approximately € 1.2 million) was allocated to four political subjects: Civil Contract (€ 640 000), Armenia Alliance (€ 390 000) Prosperous Armenia (€ 120 000) and the Republican party (€ 90 000). No public funding is awarded to parties elected to local self-government bodies and there is no direct public funding of election campaigns. Political parties must submit an annual report before 31 May of the following year. These reports are made public on the website of the official gazette of the Republic of Armenia.
71. Personal and party donations are capped at different levels depending on the size of the municipality. For the local elections in Yerevan, campaign expenses are capped at AMD300 million (or roughly € 730 000). Personal donations are capped at AMD 100 000(€ 240). Candidates on the list can contribute up to AMD 1 million (€ 2450) and the party up to AMD 10 million (€ 24 500 EUR; Article 139 of the Electoral Code). The CEC Chairman informed the delegation that the higher limits on campaign spending adopted in the 2021 amendments were meant to avoid parties underreporting expenses, as the limits should now be high enough to encompass all activities. However, some Congress interlocutors perceived the cap as too high given the economic situation of the country and expected it to give an undue advantage to the ruling party, which they considered the only party able to raise such sums. Other interlocutors highlighted that smaller parties did not have large sponsors and relied mainly on small donations from candidates, their families, friends and supporters.
72. Candidates and political parties participating in the Yerevan elections had to pay a campaign deposit of AMD 3 million (approximately € 7300) to the CEC and to submit a declaration of interests. Lists also had to set up a special account at a designated bank to record all campaign expenses.[69] The CEC Chairman informed the delegation that the transactions on these dedicated accounts were supervised by the control-audit service of the CEC which received a report on all transactions every three days. Political subjects had to submit campaign reports 10 and 20 days after the beginning of the election campaign, respectively on 8 and 18 September and a final report on 22 September.[70] Final reports showed large discrepancies in spending between contestants. The Civil Contract party was the only party approaching the cap (AMD 298 million spent), with the second highest, Country to Live in, spending three times less (AMD 88 million), the National Progress AMD 52 million and all other lists spending under AMD 35 million or very little.
73. Several Congress interlocutors raised the issue of the distinction governing campaign reporting between the official campaign period, which started on 23 August and the pre-campaign period. They regretted that different regulations apply and that two separate bodies, namely the CEC control-audit service and the CPC, were responsible for oversight. For instance, 20 days ahead of the official start of the campaign, the Civil Contract party held a large fundraising event and acquired AMD 506 million in donations (approximately € 1.2 million), an amount which exceeded the cap on annual donations.[71] Despite perceptions that some of these funds will be used for the 2023 campaign, the party announced that it did not have to disclose the sources of donations until the official declaration deadline of 31 May 2024, as the provisions on immediate disclosure only applied to the official campaign period. Many observers, including Transparency International Armenia, criticised this approach and called on the party to provide this information to voters ahead of the Yerevan elections, to show their commitment to accountability and transparency as well as to build the confidence of voters.[72] Several interlocutors regretted that voters did not receive timely information and will only know the sources of funding long after the elections. It was also stressed by interlocutors that declarations by companies that receive public money and then finance election campaigns should be more transparent.
74. Some Congress interlocutors mentioned that in order to avoid overlaps and to clarify the procedures, supervision of political finance, including for campaigns, should preferably reside with one institution. Some also regretted that the Control-audit service of the CEC was not-sufficiently staffed to be able to effectively monitor campaign finance and tended to routinely verify only media-related funds and to react to complaints rather than to investigate ex-officio. On the other hand, the CPC was perceived as being more stable to allow for efficient oversight, investigation and dissuasive sanctioning.
75. The Congress delegation noted the discrepancy in expenses between political subjects, the relatively high expense cap and the persisting legal gaps in party and campaign finance, which taken altogether did not allow for a level playing field nor provide timely information for voters. It recommended strengthening oversight and control mechanisms with regard to political party and campaign finance including by allocating more responsibilities to the Corruption Prevention Commission, introducing provisions for the pre-campaign period and lowering the cap on expenditures.
10. MEDIA
76. The Constitution of Armenia provides for freedom of expression and the right to be informed, as is also enshrined in the Law on Audio-visual Media[73] and the overall freedom of the media has improved since 2018. Armenia ranks 49 out of 180 on the Reporters Without Borders 2023 Press Freedom Index, up from 51 in 2022 and 80 in 2018.[74]
77. Television has been recently surpassed as the main source of political information by the internet and social media platforms.[75] There are 28 TV and 35 radio stations accredited in the country of which 17 TV and 21 radio stations operate from Yerevan, as well as more than 200 online portals.[76] The main state-run media outlets are Public Television of Armenia (First Channel and First Channel news), Public Radio of Armenia and Armenpress. Private satellite TV stations include Armenia TV, owned by the Pan-Armenian Media Group, Kentron TV and Shant TV. Yerkir Media, Armenia 2, Shoghakat TV, Yerevan TV, 21TV and the TV channels of the Pan-Armenian Media Group are among the most notable local television channels in Yerevan. Notable newspapers published in Yerevan include Aravot, Azg, Golos Armenii and Hayastani Hanrapetutyun but Armenians mostly consult the online pages of the press.
78. Online sources and social networks have flourished since 2018 and play an increasingly important role in broadcasting election-related information and as forums for online political activity. There were over 2.18 million internet users in Armenia at the beginning of 2023, including 1.85 million social media users.[77] Facebook is the most popular platform. Azatutyun.am (the website of Radio Liberty) and the more generalist outlets News.am, Lurer.com and Armnews.am are the most popular online news resources.[78] The internet has long been perceived as under-regulated but also as an information space where independent voices and investigative journalism outlets can emerge.
79. Despite a pluralistic environment, the media landscape reflects the polarisation of Armenian politics, including through pro and anti-government editorial policies. Disinformation and hate speech have increased rapidly following the COVID-19 pandemic and the 2020 hostilities. The imposition of martial law and some questionable amendments also raised some concern regarding the overall state of the media.[79] Financial independence of the media is fragile. As the Armenia’s Media Sector Needs Assessment 2022 Report of the Council of Europe Directorate General of Human Rights and Rule of Law noted “most media are affiliated with and directly controlled by larger political or business interests, creating systemic and persistent limits to press freedom and thus, democratic media performance. The advertisement market is underdeveloped, which leads to the media getting sponsorship and support from politicians and other influential public figures. The same applies to public media, which, in many cases, refrains from government criticism”. In addition, the Karabakh conflict remains a sensitive issue in the media. The Independent Observer Coalition also regretted that most requests sent to public authorities for information during the campaign were not addressed.[80]
80. Articles 20 and 138 of the Electoral Code regulate the use of traditional and social media during election campaigns. Public broadcasters must provide non-discriminatory conditions for political contestants and impartial reporting. For elections to the Council of Elders of Yerevan, all political parties are entitled to 50 minutes of TV and 30 minutes of radio airtime free of charge and can pay for an additional 50 minutes of TV and 80 minutes of radio airtime.[81] The Commission for Television and Radio (CTR)[82] set the price of paid airtime on public radio and television at AMD 48 000 per minute (roughly € 116).[83]
81. In addition, Public TV was tasked with organising two debates of a minimum of 90 minutes each for Yerevan elections, as prescribed by Article 20.4 of the Electoral Code. Two live debates with candidates representing most lists were held on 12 and 14 September at 22:00.[84] Only two mayoral candidates refused to take part in the second debate, including former mayor Hayk MARUTYAN and Andranik TEVANYAN, candidate for the alliance Mother Armenia. Their representatives explained to the Congress delegation that the reason for their boycott was the unwillingness of the First Channel to change the host, whom they perceived as politically biased, despite the debate being technically supported by the National Democratic Institute and perceived by observers as rather fair and competitive. Other discussions and interviews were aired on both public and private channels.
82. The Commission for Television and Radio oversees all broadcasters during the official campaign period and is tasked with media monitoring to ensure that media outlets provide impartial and non-judgmental information. CTR’s media monitoring reports (two interim reports and one final one) showed some discrepancies on the two public TV channels with Public Voice, Civil Contract, Bright Armenia, and the Victory party given considerably more airtime than other contestants. Reports also showed that many TV outlets did not cover the elections in depth or only focused on one or two contestants. [85]
83. Several Congress interlocutors expressed their concern over the fairness of the media coverage, in particular on public TV, as the ruling candidate allegedly received disproportionate media attention before and during the official campaign period. They also regretted that the airtime dedicated to institutional coverage of his official duties as deputy mayor was not counted as campaign airtime for his list. Domestic observers pointed out that the public channels covered the list of the Civil Contract party on average twice as much as other competitors and noted that such imbalanced coverage had not been seen in the past.[86] In addition, some interlocutors also raised the issue that some media allegedly refused to publish interviews or campaign appearances without paid arrangements, making it difficult for smaller parties to promote their programmes.
84. Furthermore, just before the beginning of the campaign, the Union of Armenian journalists (UAJ) and the Council of Europe Platform for the Safety of Journalists issued alerts about the harassment of two journalists and their relatives following an event organised by the Civil Contract party.[87] One of the two journalists in question was also allegedly physically attacked on the margins of the same party’s final rally on 16 September and her family threatened.[88] Some Congress interlocutors regretted that critical journalists could sometimes be perceived as biased and as representing the opposition which impeded their work.
85. The Congress delegation expressed concern about the blurred distinction between official and campaigning activities in the media, including ahead of the official campaign period which unduly benefitted the candidate of the ruling party. Furthermore, the delegation was concerned to hear about instances of harassment and physical violence directed towards journalists and impediments to their work, in what seemed to be a worrying development in an otherwise rather free media landscape.
11. PARTICIPATION OF WOMEN IN ELECTIONS
86. The legal framework in Armenia ensures equality between women and men in all areas and provides legal protection against discrimination, as enshrined in the Law on equal rights and equal opportunities for women and men adopted in 2013. The government has also adopted a Gender Policy Implementation Strategy 2019-2023.[89] Despite a robust legal framework and recent notable improvements, women remain underrepresented in decision-making positions at local and national levels and barriers and stereotypes still discourage women from running and women are rarely invited to speak in public debates and events.
87. The 2020 Electoral Code amendments generalised the 30% gender quota, with a requirement that both genders are represented in each group of three consecutive candidates on lists (Article 130.2). The generalisation of proportional elections to national and most local elections also contributed to sharp increases in the number of women represented in elected bodies. The number of women in the National Assembly went from 10.7% in 2015, to 23.5% in 2017and to 35% in 2021, constituting a significant progress[90] but currently, only two of 12 ministers are women. In 2020, there were only 10.7% female local councillors (11.7% in 2016). Following the 2021 partial local elections, a remarkable increase in the number of women local councillors was observed, largely due to the introduction of the proportional system and application of the quota. As of January 2023, 359 women were local councillors (21,6%) but only three communities out of 79 (3.8%) are headed by women, namely Vagharshapat, Amasia and Verin Dvin.[91]
88. In the context of the 2023 Yerevan elections, 32% of the members of the Council of Elders of Yerevan were women before the elections. Two lists achieved gender parity and a total of 302 women ran in these elections (37%). However, only two women headed lists of candidates and women were often placed third on the lists (9 out of14 of the registered lists). Based on data available at the time of completion of this report, 24 women were elected in the 2023 elections, representing close to 37% of the members, a noteworthy increase. Despite visible progress, Yerevan has never had a female mayor and women are too often underrepresented in appointments. For instance, all five deputy-mayors and all 12 heads of administrative districts before the elections were men.
89. As observed in 2021, the Congress delegation noted that the number of women heading candidate lists remained low at 14% and that the progress on the participation of women, in decision-making in Yerevan is slow despite the application of a 30% quota to the lists. It recommended providing incentives in order to strengthen the participation of women as heads of candidate lists (and in political appointments) and contribute to a balanced representation in decision-making positions in Yerevan.
12. USE OF NEW TECHNOLOGIES
90. According to the Electoral Code, the use of ICT solutions for elections is the responsibility of the CEC (Article 51.5). Voter identification devices were introduced with the adoption of the new Electoral Code in 2016 and have been successfully used since 2017.[92] For these elections, the CEC made it possible to submit electoral lists and declarations of property and income online through user accounts obtained by registered political subjects. Some Congress interlocutors welcomed the digitalisation of this process.
91. Article 8, paragraph 11.1, of the Electoral Code regulates the use of video cameras by the electoral administration. Consequently, all meetings of the CEC and TECs were video recorded and posted on the CEC website. In addition, all polling stations were equipped with video cameras and live streams from the 475 polling stations were easily and publicly accessibly on the CEC website (See the election day section). All footage was also available on the CEC website until publication of the final results, for allowing political subjects to review the footage in case of alleged irregularities. Copies could also be produced upon request.
13. COMPLAINTS AND APPEALS
92. Complaints and appeals are regulated primarily by Articles 48 to 50 of the Electoral Code and additionally by the Administrative Procedure Code and Law on the Constitutional Court. Decisions and actions of the electoral commissions can be appealed against by voters, proxies, observers, media or party representatives, if one finds that his/her rights have been violated. Candidates and lists can also lodge complaints in case of non-registration.
93. Accordingly, PEC decisions (and actions or inactions) can be appealed against to the TEC within two days, except for complaints made during the election day which can be submitted up until 11:00 on the second day following the vote. TEC decisions can be appealed against to the CEC within three days, except complaints related to election results which must be addressed to the Administrative Court also within three days. CEC decisions can be appealed against to the Administrative Court of Yerevan, which must reach a decision within five days. TECs and the CEC must also adjudicate on the complaints received before the election day within five days but no later than before the start of voting. Complaints received on election day must be handled before finalisation of results (24 September).
94. Applications to declare the election results invalid, can only be made by political contestants. An exception is in place for PEC members, candidates and proxies, who have the possibility to challenge results at PEC level. [93] Complaints to invalidate the PEC election results or to request a recount can be appealed against up to two days before the summarisation of results. On 22 September, the deadline for appealing against the results of the elections expired, and no political subject submitted an appeal to the Administrative Court.[94]
95. As foreseen by Article 50.1 of the Electoral Code, on 19 September, the TECs randomly selected three PECs per TEC for a recount which had to be finalised by 22 September. In addition, TECs are allowed to recount ex-officio the voting results of PECs, when protocols have raised doubts about the incorrect summary of the results. Observers, the media and party representatives can attend the recounts. One recalculation request was addressed to the CEC. In total, results were recounted in 78 precincts and only 10 inaccuracies were noted, and 266 invalid ballots reassessed.[95]
96. In total, the Prosecutor’s Office received 22 reports on violations on election day.[96] The Investigation Committee of Armenia, which conducts preliminary investigations, reported eight alleged election-related crimes during the campaign and two on election day and decided to open proceedings in eight cases[97]. The CEC received 14 complaints during the campaign, two on election day and eight in the post-election period. Some were dismissed, others forwarded to the relevant bodies. TECs did not receive complaints during the campaign, only one on election day and three in the post-election period. Several Congress interlocutors regretted that election-related crimes were not investigated enough.
97. The Congress delegation welcomed the wide acceptance of results by all election stakeholders and the swift processing of complaints and appeals by the election administration.
14. ELECTION DAY[98]
98. On election day, seven teams comprising a total of 14 Congress observers, including Congress members, members of the Secretariat and one expert were deployed to observe opening, voting and counting procedures throughout the city of Yerevan in randomly selected voting centres from 08:00 to 20:00. Overall, the election day observed was calm and peaceful, with only minor problems and inconsistencies.
99. In all polling stations visited, opening started on time, with all eight PEC commissioners present and supported by dedicated technicians in charge of operating the electronic identification devices. Two or three devices were set up and operational per polling stations, as well as video cameras. Electoral materials had been distributed on time and procedures were generally well-understood and followed. In most polling stations visited, domestic observers and party representatives also attended the opening procedures but did not interfere. Overall, the opening procedures were assessed very positively by all teams of Congress observers and no specific concerns were raised.
100. Throughout the day, Congress observers assessed the voting procedures in randomly selected polling stations in all 12 districts of Yerevan. The overwhelming majority of polling stations were assessed very positively by observers who were given full access to the procedures by commissioners. The observers did not witness systematic issues but rather some minor inconsistencies, that could be resolved via clarifications on procedures, additional voter education and training of PEC members. All stakeholders met in polling stations assessed the day positively and welcomed the additional safety measures including the new ballot papers, the presence of cameras and the double identification of voters (electronic and by signing the register). The Congress observers noted with satisfaction that all chairpersons had received specific training, which contributed to the professional handling of voting procedures. They also witnessed the presence of observers and party representatives who participated in the collective monitoring of the process. All interlocutors regretted the low level of voter participation perceived throughout the day, especially among younger generations. As explained by several Congress interlocutors, the election day also coincided with an important religious holiday which could have contributed to a low turnout, but other interlocutors mentioned that this holiday was not so strictly followed.
101. The CEC had equipped all polling stations with video cameras, as required by law, and it appeared that the cameras were functional and operated in a manner that preserved the secrecy of the vote and without causing noticeable feelings of intimidation among the voters. Furthermore, in a welcome addition, the CEC and TECs were monitoring the procedures via these cameras in real time and did not hesitate to call PEC chairpersons to enquire about overcrowding, positioning of the tables, etc. In the past, only recordings were used in cases involving complaints. Despite the high price of live-streaming the video feed, all domestic observers and party representatives asked about it expressed their satisfaction with the system and mentioned that it contributed to increasing trust in the process.
102. However, despite this positive assessment, some areas of improvement were also identified by Congress observers, some of them long-standing. One of the issues raised on election day was the quality of voters lists and the registration of voters de facto living abroad. In fact, the observers were made aware that it is sometimes difficult for voters to change their residence without ownership of their new place of residence. On election day, observers noted one specific instance of groups of voters registered at the same address which was later visited by the observers. Furthermore, in a few instances, voters residing in the area were turned away despite having the right to vote, sometimes because passport had expired or because they were not made aware of their assigned PEC.
103. In over half the polling stations visited, the rooms containing polling booths were not adapted for voters with disabilities or with low mobility and were sometimes still located on upper floors. The ramps were often not suitable for a voter to use them without requesting further assistance and adapted ballot booths were also placed on tables too high for wheelchair users. One domestic observer using a wheelchair also raised this issue with Congress observers and explained that he had to be helped by commissioners to enter the premises. Despite efforts by the CEC supported by the International Foundation for Electoral Systems (IFES), including the green and orange markings informing voters on the level of accessibility, and the possibility for voters to request a change of polling station, more could be done to make polling stations more accessible.
104. In addition, the Congress observers were informed by the CEC, the Ministry of Justice and IFES that the use of mobile ballot boxes was not allowed mainly because of concerns about the possibility of fraud, even though they are used in national elections. Regardless of the issues pertaining to the use of mobile ballot boxes, the delegation invites the authorities to consider the introduction of this possibility at local level for voters with low mobility, under the strict control of the election administration and observers, as is the case for national elections.
105. Congress observers noticed very few violations, some of which included small gatherings outside polling stations of people sometimes registered as party proxy, but who did not enter the premises. The Congress observers welcomed the efforts made to limit fraud for voters requiring assistance through material provided in Braille and clear instructions for recording all assistants in the logbook. The delegation also did not observe group and family voting, to the exception of two cases involving married couples. Efforts to reduce the possibility of carousel voting were also noted with satisfaction by the delegation, in particular regarding the use of one ballot paper per list. With the distribution of separate ballot papers, the CEC successfully excluded the possibility for carousel voting by placing the focus of the safety measures on the stamps rather than the ballot papers. However, in two instances, voters wanting to abstain came out of the booth with empty envelopes and the protocol to discard them was discussed publicly, thus compromising the secrecy of the vote for these voters.
106. The Congress delegation followed the closing and counting procedures in seven polling stations which all closed on time. Instructions were clear and well implemented and the Congress observers assessed this step very positively in all stations visited. Two teams witnessed the CEC calling PEC chairpersons to inform them that the counting table needed to be placed at a better angle for the camera.
107. However, the delegation noted that in the case of two ballots mistakenly placed in the same envelope, the instructions entailed that only the ballot paper with the valid stamp was to be declared valid. As the ballot papers were printed on thin paper, there was no way of clearly knowing what the choice of the voter was, and Congress members perceived this instruction as an assumption of the will of voters. The delegation was informed that discussions were ongoing to change the instructions for future elections.
108. On election day, the Human Rights Defender of Armenia also provided a hotline to assist voters and monitored online complaints. Most complaints voiced by voters revolved around not being registered on the lists, not being notified about their PECs, not having the right ID or missing entries in the registers or devices. Furthermore, the defender noted important issues regarding the right to vote of voters with mobility problems, who were either unable to come to the polling stations or could not access the premises independently. She noted that the use of ramps was more formal than practical.[99]
109. Domestic observers were also deployed throughout the city on election day. The Independent Observer Coalition recorded cases of unauthorised persons inside or outside the polling stations, controlled voting, violations of the rights of observers and party representatives. Almost no violations were recorded by this coalition during opening and counting.[100] The Eyewitness Observer Coalition stated that the preparations, the actual voting and the summarisation of the results were mainly organised in accordance with the procedures established by law. They noted however, that the procedure for printing the receipt certifying that no voter had voted at opening was often performed too late and sometimes not attached to the logbook. They also witnessed minor issues with voters who were registered but not recognised by the technical device and a number of attempts to influence voters by groups of people outside the polling stations. Inconsistencies in the application of some procedures by PEC chairpersons and secretaries were also witnessed.[101]
110. In conclusion, the Congress delegation welcomed the efforts made to ensure that the election day was calm and transparent and the peaceful and professional manner in which the elections were conducted throughout the election day. It noted with satisfaction the implementation of measures that were perceived by PECs, observers and voters alike as strong safeguards against potential violations. The Congress delegation also welcomed efforts to reduce the possibility of fraud, which seem to have been successful. However, the delegation noted new issues with the ballot papers and that the quality of voters lists as some anomalies were observed with the lists on election day. It recommends undertaking a review of the quality of voters lists in Yerevan, to ensure that the registers reflect the current voters residing in the capital. It also invites the authorities of Armenia to consider the introduction of compulsory training for PEC members.
15. TURN-OUT, RESULTS AND POST-ELECTION DAY DEVELOPMENTS
111. The turnout for the 2023 Yerevan elections only reached 28.4%, representing a total of 234 442 voters participating out of 824 250 voters registered to vote.[102] It constituted the lowest turnout ever recorded in elections in Yerevan, which clearly reflected the fatigue of voters, their dissatisfaction with the current political situation and disinterest in this race. However, despite a figure that the Congress delegation considered worryingly low, it must be kept in mind that some voters who live de facto abroad were also included in the list and therefore, real turnout could be estimated to be slightly higher. There were 2 492 ballots recorded as invalid and few irregularities. A few days after the vote, as prescribed by the Electoral Code, signed registers of voters were published online, in what still constituted a breach of the secrecy of participation of individual voters.
112. The CEC completed the protocol of preliminary results on 18 September, while summarisation of the final results was completed on 24 September. Mandates were confirmed by the CEC on 28 September after giving four days to candidates to resign before the constitution of the new Council of Elders.[103] The election administration handled tabulation, recount and distribution of mandates in a timely and transparent manner. No requests for invalidation of results were submitted to the CEC and contestants widely accepted the results.
113. Out of the 14 lists competing in the Yerevan Council of Elders elections, only four parties and one alliance reached the thresholds to participate in seat allocation: the Civil Contract party list placed first, with 32.57% of the votes and was awarded 24 seats; the National Progress party list gained 18.89% of the votes (14 seats); the Mother Armenia alliance reached 15.45% (12 seats), the Republic party gained 11.32% (eight seats) and the Public Voice party reached 9.68% of the votes cast (seven seats). Twenty‑four women were elected (37%) which constituted an increase compared to 2018. All other parties scored between 0.3 to 3.6% of the votes cast.
114. As a result, the political landscape of the Council of Elders of Yerevan is more fragmented than following the 2018 elections, which saw a large majority for the Civil Contract party. The results of the ruling party’s candidate Mr AVINYAN were perceived to be lower than expected and disappointing for the Civil Contract party, but with no clear winner, the attention quickly moved to coalition talks.
115. According to Article 142.2 of the Electoral Code, the mayor is elected by a simple majority of the councillors attending the inaugural session of the council. Article 29.3. of the Law on LSG in Yerevan states that a session of the council is valid if a quorum of half the members, 33 for Yerevan, is in attendance. If only one candidate has been nominated, he/she needs to be elected by at least 40% of the total number of members (27 members). If the mayor is not elected within two weeks, then the government must terminate the mandate of the Council of Elders (Article 17 of the Law on LSG in Yerevan) and early elections are to be called within a month (Article 142.3 of the Electoral Code).
116. Discussions to secure a quorum and a majority in the indirect election of the mayor planned for 10 October (marking the end of the term for the councillors elected in 2018) started quickly after the announcement of preliminary results but were cut short by the military actions in Karabakh initiated by Azerbaijan on 19 September 2023. The security situation and influx of refugees naturally overshadowed the coalition negotiations.
117. However, negotiations started again on 29 September. With a fragmented Council of Elders, two candidates emerged for the position of mayor, Mr AVINYAN and Mr MARUTYAN. The Republic party announced its support for Mr AVINYAN, bringing his coalition to 32 seats, one short of a simple majority and the Mother Armenia alliance announced it would support Mr MARUTYAN, bringing them to 26 seats. The situation made the Public Voice party, a relatively unknown party, de facto kingmaker.[104]
118. However, another issue emerged after the finalisation of results, as two elected members on the list of the Public Voice party, namely Mr Artak GALSTYAN, number one and Mr Tigran URIKHANYAN, number two, did not relinquish their mandates and would not be able to attend the constitutive session of the council; one being detained and the other onenot in Armenia and is the subject of a criminal investigation. Thus, Mr MARUTYAN’s side, even with an agreement with the Public Voice party, could only reach a total of 32 seats and would have been short of a majority. As a result, the National Progress party and the Mother Armenia alliance decided that they would boycott the first session of the newly constituted council on 10 October. In their view, this boycott could have led to the quorum not being reached and could have allowed all contestants to run for early elections and attempt to gain a clearer majority.
119.The outcome of the constitutive session of the Council of Elders of Yerevan was unclear until 10 October and depended heavily on the participation of the Public Voice party.[105] On 10 October, Tigran AVINYAN was elected mayor of Yerevan with 32 votes in favour and five against. Five elected members of the Public Voice Party and all members of the Civil Contract party and the Republic party attended the session, while the National Progress party and the Mother Armenia alliance boycotted it.[106] The current situation bring into question the legitimacy of a mayor elected in these conditions but also questions the willingness of political groups to reach coalition agreements. Furthermore, it constitutes the first time a mayor of Yerevan was elected without a majority in the Council of Elders and compromise will need to be found for the council to work efficiently. As of completion of this report, it is still unclear if the two political subjects that boycotted the inaugural session will boycott regular meetings of the Council of Elders.
120. Overall, the Congress delegation welcomed the swift announcement of the results and their wide acceptance by all contestants, which confirmed the professional conduct of the election day. The Congress delegation regretted that signed registers were still published online a few days after the vote, which did not fully respect of the secrecy of voters’ participation and their data privacy and the delegation invited the authorities to consider other alternatives than divulgating the registers publicly.
16. CONCLUSIONS
121. Overall, the Congress delegation observed competitive elections, which were efficiently managed by a committed and transparent election administration. It welcomed the various improvements brought in by the Electoral Code amendments adopted since the 2018 elections in Yerevan to further guarantee the integrity and transparency of the electoral process, including on reducing the possibility of carousel, family and assisted voting. The delegation also noted with satisfaction that the post-election period was not litigious and that all contestants widely accepted the results.
122. The Congress delegation regretted that the national security situation understandably overshadowed the campaign and whilemany candidates competed in the Yerevan elections, genuine local political programmes were sometimes missing. In that regard, special attention should be awarded to efforts which address the current underrepresentation of women as heads of candidate lists and mayors in Armenia but also to ensure a more level playing field for all candidates. Indeed, allegations of misuse of administrative resources, the increasingly blurred distinction between official and campaigning activities, also visible in the media, and the important discrepancies in spending between contestants were not conducive to a fully balanced campaign. Addressing these issues may contribute to restoring citizens’ interest in local electoral processes.
123. The Congress delegation observed a clam and transparent election ay, marked by only minor issues involving the voters lists, gatherings near the polling stations and a few non-systematic inconsistencies. It welcomed the seamless use of identification devices and video cameras, which were widely perceived as safeguards for ensuring trust in the process. The Congress delegation still noted with concern the lack of accessibility to certain polling stations for voters with disabilities and the impossibility to resort to mobile ballot boxes in the case of local elections, in contrast to their use in national elections.
124. Based on the existing electoral standards and observations made on election day, some long standing matters of concern remain unaddressed, and the Congress delegation calls on the authorities to address these in the next revision of the Electoral Code, including the registration of independent candidates, the presence of voters de facto living abroad on voters registers, the different thresholds for parties and alliances and the publication of signed voters lists. In addition, the delegation invites the authorities to give consideration to the establishment of a single day of voting at local level throughout the country to further raise voters’ awareness on local democracy.
CONGRESS ELECTION OBSERVATION MISSION TO ARMENIA
17 September 2023 - Elections to the Council of Elders of Yerevan
(14-18 September 2023)
FINAL PROGRAMME
Thursday 14 September 2023
Various times Arrival of the Congress Delegation in Yerevan
|
Friday 15 September 2023 |
08:30 – 08:50 Briefing for the delegation with Ms Stephanie POIREL, Head of the Statutory Activities Division
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
08:50 – 09:10 Briefing for the delegation with Mr Matej GOMBOSI, Academic expert in electoral matters
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
09:10 – 09:45 Backgroundbriefing with Ms Martina SCHMIDT, Head of the Council of Europe Office in Yerevan and Ms Ani DALLAKYAN, Senior Project Manager
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
09:45 – 10:30 Briefing with representatives of the international community in Yerevan of countries represented in the Congress delegation:
· Mr Christophe KATSAHIAN, First Councillor, France
· Mr Klas WALDENSTROM, Deputy Head of Mission acting as Charge d’ Affaires,and Mr Davit DILANYAN Political Officer, Sweden
· Mr Lukas ROSENKRANZ, Ambassador, Switzerland
· Mr Jan PLESINGER, Deputy-Head, EU Delegation
· Mr Chip LAITINEN, Deputy Chief of Mission, Ms Linnea DUVALL, Political Officer and Ms Lilit OHANYAN, Political Specialist, USA
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
10:30 – 11:00 Coffee Break
11:00 – 11:40 Meeting with Mr Emin YERITSYAN, President of the Union of Communities of Armenia, also Head of the Armenian Delegation to the Congress
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
11:45 – 12:00 Travel time
12:00 – 13:00 Meeting with Mr Gnel SANOSYAN, Minister of Territorial Administration and Infrastructures, and Mr Vache TERTERYAN, Deputy-Minister
Venue: Government Building 3, Republic Square, 0010, Yerevan, RA
13:00 – 14:00 Lunch Break
14.00 – 14:30 Travel time
14:30 – 15:30 Meeting with Mr Vahagn HOVAKIMYAN, Chairman of the Central Election Commission (CEC) of Armenia, Mr Armen SMBATYAN, CEC Member and Secretary and Ms Arusyak TERCHANYAN, CEC Member
Venue: 21a G. Kochar str., Yerevan 0009
15:50 – 16:30 Meetingwith Mr Karen KARAPETYAN, Deputy Minister of Justice
Venue: 3/8 Vazgen Sargsyan str., Yerevan 0010
16:50 – 17:30 Meeting with Mr Levon HOVHANNISYAN, acting Mayor of Yerevan and first deputy-mayor, and representatives of the Legal, Logistics and Administration and Investments and Projects Departments of the municipality of Yerevan
Venue: 1/3 Buzand str., Yerevan 0015
Saturday 16 September 2023
09:00 – 09:30 Briefing for the delegation with Ms Carla DEJONGHE, Head of delegation, and Ms Stephanie POIREL, Head of the Statutory Activities Division
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
09:30 – 10:30 Briefing with representatives of domestic election observers and local NGOs
· Ms Sona AYVAZYAN, Executive Director, Transparency International Armenia
· Ms Vardine GRIGORYAN, Coordinator of the Department of Monitoring and Reporting of Democratic Institutions, Helsinki Citizens’ Assembly Vanadzor Office
· Mr Daniel IOANNISYAN, Programme Director, Union of Informed Citizens
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
10:30 – 10:45 Coffee Break
10:45 – 11:30 Briefing with Mr Jérôme LEYRAUD, Country director, and Mr Aghasi YESAYAN, Senior Election Expert, International Foundation for Electoral Systems (IFES)
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
11:45 – 12:45 Briefing with representatives of the media
· Ms Satik SEYRANYAN, Director, Union of Journalists of Armenia,
· Ms Tatev HARUTYUNYAN, journalist, Aravot newspaper
· Ms Ani GEVORGYAN, journalist, Newday
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
12:45 – 14:30 Lunch Break
14:30 – 15:10 Meeting with Mr Vazgen MANUKYAN, Candidate on the list of the “Civil Contract” Party running for the 17 September 2023 elections and member of the Council of Elders of Yerevan
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
15:20 – 16:00 Meeting with Mr Davit KHAZHAKYAN, Congress member and head of the list of “Bright Armenia” for the 17 September 2023 elections and member of the Council of Elders of Yerevan
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
16:00 – 16:20 Coffee Break
16:20 – 17:00 Meeting with representatives or candidates of lists running for the 17 September 2023 elections to the Council of Elders of Yerevan
· ''National Progress'' party, Mr Hayk GRIGORYAN, number two on the list;
· ''Mother Armenia'' alliance, Mr Hovhannes KHUDOYAN, representative of the alliance.
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
17:10 – 18:00 Meeting with representatives or candidates of lists running for the 17 September 2023 elections to the Council of Elders of Yerevan
· ''Public Voice'' party, Mr Vahan AVAGYAN, number four on the list;
· ''Fair Armenia'' party, Mr Artur SIMONYAN, number four on the list;
· ''Victory'' party, Mr Telman TADEVOSYAN, number two on the list and party board member.
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
18:00 – 18:30 Briefing for Election Day with the Secretariat
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
18:30 – 19:00 Technical briefing with drivers and interpreters
Venue: Yerevan Place Hotel, Republic Room,26, 1 Vazgen Sargsyan St, Yerevan
Sunday 17 September 2023 - ELECTION DAY
07:00 Deployment of seven teams in Yerevan
22:00 approx. Late-night debriefing
Monday 18 September 2023
Various times Departure of the Congress Delegation
Mid-day Release of the Statement of preliminary findings by Ms Carla DEJONGHE, Head of delegation
Delegation
Ms Carla DEJONGHE, Belgium (R, ILDG), Head of delegation
Ms Kirsten Morild ANDERSEN, Denmark (SOC/G/PD, R)
Ms Cecilia FRIDERICS, Hungary (ECR, L)
Mr David KATAMADZE, Georgia (EPP/CCE, L)
Mr Anders KNAPE, Sweden (EPP/CCE, L)
Mr Matija KOVAC, Serbia (EPP/CCE, R)
Mr Vents Armands KRAUKLIS, Latvia (ILDG, L)
Mr Dominique LEVÊQUE, France (SOC/G/PD, L)
Mr Jorge SEQUEIRA, Portugal (SOC/G/PD, L)
Expert
Mr Matej GOMBOSI, Congress Expert on observation of local and regional elections
Congress Secretariat
Ms Stephanie POIREL, Head of the Statutory Activities Division
Ms Mathilde GIRARDI, Election Observation Officer
Ms Marie THOMET, Election Observation Officer
Ms Martine ROUDOLFF, Assistant, Local and Regional Election Observation
Youth Delegate
Mr Edvard GRIGORYAN, Youth delegate (Armenia)
APPENDIX II
CONGRESS ELECTION OBSERVATION MISSION
Elections to the Council of Elders of the City of Yerevan, Armenia
17 September 2023
DEPLOYMENT PLAN
|
Congress’ teams |
Composition of the Congress teams |
Area of Deployment |
|
Team 1 |
Ms Carla DEJONGHE Ms Stephanie POIREL Interpreter: Hasmik EVOYAN Driver: Vaghinak GASPARYAN |
Kentron Nork-Marash |
|
Team 2 |
Mr Matej GOMBOSI Ms Mathilde GIRARDI Interpreter: Anna KESOYAN Driver: Arsen GASPARYAN |
Nor-Nork’ Avan |
|
Team 3 |
Ms Cecilia FRIDERICS Mr Anders KNAPE Interpreter: Samvel GASARJYAN Driver: Gagik HOVHANNISYAN |
Malatia-Sebastia |
|
Team 4 |
Mr David KATAMADZE Ms Kirsten Morild ANDERSEN Interpreter: Hakob KPRYAN Driver: Armen SAGHATELYAN |
Davt’ashen Achapnyak |
|
Team 5 |
Mr Vents Armands KRAUKLIS Mr Jorge SEQUEIRA Interpreter: Gohar YENGOYAN Driver: Patrik AMIRKHANYAN |
Schengavit’ |
APPENDIX III
NEWS 2023
Yerevan Elections: “A well administered ballot but a historically low turnout”, concluded Carla Dejonghe
ELECTIONSSTRASBOURG, FRANCE18 SEPTEMBER 2023
A nine-member election observation delegation from the Congress concluded yesterday its mission to observe the elections to the Council of Elders of Yerevan which were held on Sunday in the 12 districts of the Armenian capital.
On Election Day, seven Congress teams headed by Carla Dejonghe (Belgium, ILDG) visited some 113 randomly selected polling stations in all districts of Yerevan from opening until closing and counting. This on-site mission was preceded on 15-16 September by meetings with key electoral stakeholders and representatives of the diplomatic corps, the media, NGOs as well as candidates of parties running in the elections.
Overall, the delegation observed a calm, peaceful and well-managed Election Day without major incidents or anomalies. The delegation noted that, with the support of representatives of the Central Election Commission (CEC), voter authentication devices and cameras functioned seamlessly throughout the voting day, reducing opportunities for fraud and reinforcing the trust of voters in the electoral process. It also welcomed the change of ballot papers, which contributed to increase readability and reduced the possibility of carousel voting.
In this regard, the Head of delegation, Carla Dejonghe (Belgium, ILDG), made the following statement:
“We welcome the improvements brought by the amendments to the Electoral code as well as the efforts of the CEC which contributed to the overall transparency and professionalism of the Election Day. These changes included the introduction of specific trainings for polling station presidents and secretaries, and we recommend making them compulsory in the future in order to further standardise the electoral procedures.
The delegation regretted the lack of interest, particularly among young voters, in local elections, as seen in the lowest turnout ever recorded in Yerevan. In addition, matters of local interests were sometimes overshadowed due the security concerns understandably expressed by many voters and contestants regarding the situation in the Lachin corridor. The delegation can only share the concern of citizens of Yerevan and call for a quick resolution of this situation.
The campaign was polarised and led primarily by mayoral candidates. The delegation was informed of allegations of misuse of administrative resources and bias in the media favouring the candidate for mayor of the leading party. “In that regard and with a view to ensure a level playing field, we believe in the need for additional safeguards concerning the period preceding the official campaign, including regarding campaign and party finance.
As previously recommended by the Congress, the accessibility of polling stations remains a critical issue which requires further urgent measures. Congress delegation regretted that too many polling stations were not easily accessible for the voters with disabilities, the elderly, and parents with young children.
We noted that there were several areas where, while the legal framework seemed adequate, the implementation of some provisions in the spirit of the law could be further improved. For instance, while all lists have respected the 30% quota of female candidates, too few heads of list were women and thus underrepresented in the public debate.
Lastly, we also invite the authorities to consider the establishment of a single day of voting for all local elections throughout the country, which was already pointed out in the last Congress report.”
Further to the Congress mission, a draft recommendation will be discussed at the next Congress session on 25 October 2023 in Strasbourg (France).
[1]. L: Chamber of Local Authorities / R: Chamber of Regions.
EPP/CCE: European People’s Party Group in the Congress.
SOC/G/PD: Group of Socialists, Greens and Progressive Democrats.
ILDG: Independent Liberal and Democratic Group.
ECR: European Conservatives and Reformists Group.
NR: Members not belonging to a political group of the Congress.
[2] Debated by the Chamber of Local Authorities during the 45th Session on 25 October 2023 and adopted by the Congress on 25 October 2023 (see document CPL(2023)45-02, explanatory memorandum), rapporteur: Carla DEJONGHE, Belgium (R, ILDG).
[3] Prepared with the contribution of Matej GOMBOŠI (Slovenia), expert in electoral matters for the Congress.
[4] The Electoral Code was adopted in 2016 and last amended in 2020. It is available at www.arlis.am/DocumentView.aspx?DocID=172405 An English version of the Electoral Code (2022) is available for convenience at www.te.gob.mx/vota_elections/page/download/16639
[5] Final seat number is determined by the seat distribution method but must be minimum 101 seats (Article 77 of the Electoral Code).
[6] On 9 November 2020, Azerbaijani President ALIYEV, Armenian Prime Minister PASHINYAN, and Russian President PUTIN issued a joint ceasefire statement, which observers considered a military defeat for Armenia. The agreement involved the Lachin Corridor, a land bridge between Armenia and Karabakh, which is monitored by Russian peacekeepers.
[7] On 19 September 2023, Azerbaijani forces launched military action in Karabakh to regain control of the region, which was quickly followed by a ceasefire agreed with the representatives of Karabakh. On 28 September, the representatives of Karabakh agreed to dissolve as of 1 January 2024. In Armenia, the escalation led to large demonstrations and reignited political debate about the handling of the situation by Prime Minister PASHINYAN. The Government of the Republic of Armenia reported that between 24 September and 4 October 2023, 100 632 refugees, including 30 000 children, arrived in the country, settling mostly in Yerevan and Syunik and leaving the region de facto depopulated. The UN deployed a monitoring mission on 2 October. See UNHCR, “Armenia Refugee Response Plan – October 2023 – March 2024” at https://data.unhcr.org/en/documents/details/103868.
[8] Transparency International Armenia assessed the 2018 elections as free and competitive and significantly different from the 2017 elections. They noted some violations, but they were not massive and systematic, see the report available at: https://transparency.am/en/publication/pdf/160/1244
[9] Full results of the 2018 Elections in Yerevan are available on the CEC website at https://www.elections.am/Elections/LocalProportional
[10] The last regular elections to the Council of Elders took place in 2017 and were assessed by the Congress as technically well prepared, overall in line with international standards and carried out in a calm and orderly manner, despite a notable distrust among the electorate. See the section below.
[11] See the full list of deputy mayors of the municipality of Yerevan at: https://yerevan.am/en/staff/
[12] In particular, Tigran AVINYAN was appointed fourth deputy mayor in September 2022 and was often perceived to be the acting mayor, despite the fact that he was not elected as a member of the council which prevented him from being acting mayor. Many observers noted that this legal gap allowed him to benefit from incumbency, as after his appointment, he was given a variety of responsibilities which are normally only given to the first deputy mayor.
[13] The Constitution of Armenia is available at: www.president.am/en/constitution-2015/ and the Law on Local Self-Government, as amended on 13 July 2023, is available at: www.arlis.am/documentview.aspx?docID=73271
[14] See Monitoring of the application of the European Charter of Local Self-Government in Armenia, CPL(2021)40-02final, available at: rm.coe.int/0900001680a288a5
[15] The Law of the Republic of Armenia on the Local Self-Government in the City of Yerevan of 15 January 2009 as amended on 12 April 2023 is available at /www.arlis.am/DocumentView.aspx?docid=171969 .
[16] The heads of the administrative districts are appointed and dismissed by the mayor. They subsequently act on behalf of the mayor and administer the districts.
[17] Unlike for other municipalities of Armenia, the Law on LSG in the City of Yerevan does not envisage that the mayor of Yerevan can be replaced by an appointed mayor. If the mayor resigns or is dismissed and a candidate is not proposed within two weeks, the law prescribes that the mandate of the Council of Elders is terminated and that the government calls early elections (Article 17). The Electoral Code also provides for early indirect elections if the seat of mayor is vacant for more than a month (Article 142.3).
[18] While decision 199-A of the mayor of Yerevanof 2017 foresaw this responsibility for the first deputy mayor, a new decision 715-A of March 2023 amended these rules. It is to be noted that these changes came four days after the first procedural session was actually conducted. Article 29 of the Law on LSG in Yerevan also states that the first deputy mayor chairs council meetings in the absence of the mayor.
[19] See Congress Recommendation 456(2021) and Report CPL(2021)40-02 on local democracy in Armenia and its explanatory memorandum.
[20] The legal framework applicable in the field of elections also includes the Law on Political Parties as well as regulations issued by the CEC.
[21] The calling and holding of elections under martial law or in a state of emergency was also prohibited, and new rules were established for when elections are scheduled in such situations. See Venice Commission, Urgent Joint Opinion on Draft Amendments to the Electoral Code and Related Legislation, (July 2021) at: www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2021)025-e
[22] Joint Urgent Opinion on Amendment to the Electoral Code and Related Legislation (2020), para. 34, www.osce.org/files/f/documents/7/d/484355_1.pdf.
[23] The draft amendments submitted to the Venice Commission on 12 July 2023 are available at https://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2023)028-e.; the opinion of the Venice Commission and the OSCE/ODIHR is available at: www.venice.coe.int/webforms/documents/?opinion=1140&year=all
[24] The Universal Declaration of Human Rights is available at www.un.org/en/about-us/universal-declaration-of-human-rights.
[25] The International Covenant on Civil and Political Rights is available at www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.
[26] The Additional Protocol to the European Convention on Human Rights (ETS No. 9) is available at www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=009.
[27] The European Charter of Local Self-Government (ETS No. 122) is available at https://rm.coe.int/168007a088.
[28] The Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (CETS No 207) is available at https://rm.coe.int/168008482a.
[29] Observation of local and regional elections – strategy and rules of the Congress – Resolution 306 (2010).
[30] Congress policy in observing local and regional elections – Resolution 274 (2008).
[31] The Venice Commission Code of Good Practice in Electoral Matters is available at www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2002)023rev2-cor-e.
[32] The 1990 Copenhagen document is available at www.osce.org/odihr/elections/14304.
[33] All Congress transversal reports, resolutions and recommendations in the field of elections are available at www.coe.int/en/web/congress/transversal-reports-local-and-regional-elections.
[34] All Venice Commission standards are available at www.venice.coe.int/WebForms/pages/?p=01_01_Coe_electoral_standards.
[35] See Congress Information report on the elections to the Council of Elders of the City of Yerevan, Armenia (14 May 2017), at: https://rm.coe.int/cpl33-2017-04-information-report-elections-yerevan-council-of-elders-1/1680a449f5
[36] See Congress Information report on partial local elections in Armenia (5 December 2021), at https://search.coe.int/congress/pages/result_details.aspx?objectid=0900001680a5ae47
[37] Section II of the Electoral Code is devoted to the election administration.
[38] In July, the fact-finding platform of the NGO Union of Informed Citizens investigated cases of municipality staff compiling lists of potential voters in favour of the Civil Contract party candidate, Tigran AVINYAN. The CEC Chairman replied that he did not consider this to constitute a misuse of public resources which was perceived by many observers as a partial decision See Azatutyun, 22 July 2023, KP denies the accusation of abuse of administrative resources and will apply to the court, at: (headline translated) www.azatutyun.am/a/32514707.html and also https://armenpress.am/eng/news/1116714.html
[39] PEC chairperson and secretary posts were distributed among the parties that have factions in the National Assembly, based on the proportion of their mandates. Accordingly, the Civil Contract party was allocated 315 chairpersons and 315 secretaries, the Armenia Alliance 129 and the With Honour Alliance 31. See the CEC website, https://res.elections.am/images/forGenerals/Yerevan/havelvac.nqt.17.09.23_09-08-2023.pdf
[40] The training programme was available on the CEC website: https://res.elections.am/images/forGenerals/Yerevan/pectraining_31-08-2023.pdf
[41] For more information, see the dedicated website of the CEC: www.elections.am/Elections/LocalProportional
[42] For more information on the CEC e-learning platform, please see: https://elearning.elections.am/
[43] See the summary of the Gallup International survey on Jam News, 23 August 2023, https://jam-news.net/election-campaign-for-the-yerevan-council-of-elders/
[44] See CEC press conference, 3 August 2023, at: https://www.elections.am/News/Item/1685 and see Armen Press, 6 September 2023 on the number of non-Armenian voters at: https://armenpress.am/arm/news/1118908.html
[45] See information extracted from the CEC website: https://res.elections.am/images/forGenerals/Yerevan/06/resultarm17%E2%80%A409%E2%80%A423_18-09-2023.xlsx
[46] See the police website for the list of voters per district: Police of Armenia.
[47] The Electoral Code provides for mobile ballot boxes in hospitals for national elections in Article 56. However, it is unclear how this article also applies to detainees, as Article 63 seems to envisage the possibility of them being able to vote, regardless of the election.
[48] See Congress Resolution 378(2015) and Recommendation 369(2015) at: https://rm.coe.int/electoral-lists-and-voters-residing-de-facto-abroad-rapporteur-jos-wie/1680719cfa
[49] This differs from the situation in communities using the majoritarian system where candidates for mayors and community councillors can be nominated by parties, by groups of voters or be self-nominated.
[50] Grounds for not registering a candidacy or a full list are strictly established by Articles 132-133 of the Electoral Code and include instances where the candidate does not have the right to be elected or the documents submitted are incomplete or falsified. For the Yerevan elections, the candidatures were examined by the CEC, which could only reject or declare invalid an application by a two-thirds majority. Candidates could appeal against these decisions to the Administrative Court.
[51] The 14 registered electoral subjects included 13 parties: Public Voice, Civil Contract, Fair Armenia, Victory, Strength of the homeland, European Party of Armenia, National Progress of Armenia, For social justice, Republic (not to be confused with the Republican party), United Armenia, Bright Armenia, Democratic consolidation, Country to Live and one alliance Mother Armenia (composed of the Country of Apricots and Intellectual Armenia parties). The full lists of candidates are available at: www.elections.am/Elections/LocalProportional
[52] According to The Electoral Code the electoral list (only for national elections) may have a second part, wherein representatives of the first four largest national minorities (Yezidis, Russians, Assyrians and Kurds) may be included. There is no 30% gender requirement for this part.
[53] Congress Recommendation 476(2022) on the situation of independent candidates and opposition in local and regional elections is available at: https://search.coe.int/congress/pages/result_details.aspx?objectid=0900001680a5ae6f
[54] On this matter, see the joint opinion of the Venice Commission and OSCE/ODIHR on the draft amendments to the Electoral Code and related legislation of Armenia, as adopted on 6 October 2023.
[55] Campaign posters and other campaign materials visible to the public could only be posted at the places designated specifically for this purpose, on paid billboards, election campaign offices and privately owned buildings and premises and also had to be labelled as electoral propaganda. The CEC drew lots to distribute the areas among political contestants. See the CEC website: https://res.elections.am/images/forGenerals/Yerevan/havelvac.vahanak.17.09.23_19-08-2023.xlsx
[56] The Criminal Code of Armenia, as adopted in 2021 and last amended in 2022, is available at: www.arlis.am/DocumentView.aspx?DocID=181303
[57] The 2021 Joint Opinion by the Venice Commission and ODIHR underlined that the 2021 amendments broadened the definition of campaigning activities, which is to be welcomed, but under this new definition, journalism and academic commentary can be considered as election campaigning, which could be problematic for the freedom of expression.
[58] In this context, the head of the CEC stated in a press conference on 3 August that “parties can always campaign, you just have to distinguish between election campaigning and pre-election campaigning”, See the CEC interview available at: www.elections.am/News/Item/1685
[59] Some interlocutors noted that despite the former ruling party’s decision not to run in elections, there could have been some rebranding among the opposition parties running in the elections and that the Mother Armenia alliance had received the support of the parliamentary opposition, representing de facto the parliamentary opposition.
[60] See the full results of the Public Opinion Survey of the International Republican Institute at www.iri.org/resources/public-opinion-survey-residents-of-armenia-january-march-2023/
[61] See the investigation available at https://fip.am/23130
[62] See Azatutyun, According to the Chairman of the CEC, listing voters in favour of Tigran Avinyan is not an abuse of administrative resources, (headline translated), 5 August 2023, available at www.azatutyun.am/a/32535574.html and also See Azatutyun, CP denies the accusation of abuse of administrative resources and will apply to the court (headline translated), 22 July 2023, available at www.azatutyun.am/a/32514707.html.
[63] Civil Contract announced participation in the Yerevan elections of September 2023 on 11 August, including Mr AVINYAN as their mayoral candidate. See News.am, Armenia ruling party submits nomination application for Yerevan elections to Central Electoral Commission, 11 August 2023, available at https://news.am/eng/news/775103.html.
[64] See two articles from the investigative media outlet Factor: https://factor.am/679843.html and https://factor.am/616143.html.
[65] In addition, Congress interlocutors raised the issue that Prime Minister PASHINYAN, who is both prime minister and chairman of the party, had been active during the campaign in support of candidate AVINYAN and used his official working hours to campaign or promote his electoral message. One instance that was noted by several interlocutors was the interview on primetime television on 11 September 2023 in which he openly criticised Mr MARUTYAN. See transcript of the interview at: https://www.primeminister.am/hy/interviews-and-press-conferences/item/2023/09/11/Nikol-Pashinyan-Interview-Petros-Ghazaryan/
[66] For instance, as indicated by Congress interlocutors, a new environmentally friendly bus fleet was allegedly presented as a party achievement without mentioning the EU funding. See https://www.1lurer.am/hy/2023/09/11/1/993374
[67] The Law on Political Parties is available at: www.arlis.am/documentview.aspx?docid=166242 In addition to increasing the transparency of party donations, banning corporate donations, and lowering the upper limit for individual contributions, the Law on Political Parties significantly increased the public funding of political parties.
[68] As of 1 January 2022, the threshold for receiving funding was lowered from 5% to 2% of the votes cast in parliamentary elections. Public funding awards AMD 1 000 for each vote under 5% of the votes cast, AMD 500 for each vote between 5% and 20% of the votes cast, and AMD 250 for each vote that received over 20% of the votes cast (Article 26 of the Law on Political Parties). Some 20% of the funds must be used for activities related to the inclusion of women, young people, people with disabilities and ethnic minorities, 10% for the maintenance of offices outside Yerevan, and another 10% for conducting policy research and publishing the related results.
[69] A deposit is returned if a party/alliance reaches the threshold to participate in seat distribution.
[70] The webpage of the control-audit service of the CEC, where all reports are published, is available at: www.elections.am/PageFor/Oversight%20Service
[71] In total, the Civil Contract party received AMD 506 million, which is six million more than the allowed 500 million (five hundred thousand times the minimum monthly salary). This means, that the Civil Contract party will have to return the AMD 6 million.
[72] See Azatutyun, At the moment, CP is not going to publish the sources of donations of more than 1 million 300 thousand dollars, (headline translated), 4 August 2023, available at www.azatutyun.am/a/32534569.html.
[73] The Law of the Republic of Armenia on Audio-visual Media, adopted in 2020, is available at www.foi.am/u_files/file/legislation/Law%20of%20the%20Republic%20of%20Armenia%20on%20Audiovisual%20Media%202020.pdf.
[74] See the website of Reporters Without Borders on Armenia: https://rsf.org/en/country/armenia
[75] See Caucasus Research Resource Center-Armenia Foundation, Analytical report on media consumption and media coverage of reforms in Armenia (2021), available at: https://mediainitiatives.am/wp-content/uploads/2022/01/Media-Consumption-in-Armenia-Report.pdf. This report is quoted in the Armenia’s Media Sector Needs Assessment Report – 2022, prepared by the Directorate General of Human Rights and Rule of Law of the Council of Europe, available at: https://rm.coe.int/armenia-tp-needsassessmentreport-update2022-jul22-2756-5040-1542-v-1-e/1680a84547. Regarding the importance of TV as a source of information, the report notes that “the general trends clearly confirm the continued importance of television, and the increased consumption of online media with a strong domination of social media.”
[76] Information available on the website of the Commission of TV and radio at: http://tvradio.am/?type=tv
[77] Data available at Data Reportal (14 February 2023): https://datareportal.com/reports/digital-2023-armenia?rq=armenia
[78] Analytical report on media consumption and media coverage of reforms in Armenia, (2021), available at: https://mediainitiatives.am/wp-content/uploads/2022/01/Media-Consumption-in-Armenia-Report.pdf.
[79] For instance, defamation was decriminalised in 2010, but an April 2021 amendments to the Criminal Code tripled the maximum damages that can be claimed in cases of “grave insult”. Some of the amendments to the Criminal Code, Law on Mass Media and related sanctions, according to NGOs assessments, were overly restrictive and did not meet freedom of expression standards. For a more in-depth analysis of these amendments, see “Armenia’s Media Sector Needs Assessment Report 2022”, section 3. See also, International Federation of Journalists, “Armenia: New law restricts the freedom of the press”, 22 October 2021 at: www.ifj.org/media-centre/news/detail/category/press-releases/article/armenia-new-law-restricts-the-freedom-of-the-press
[80] See the statement from the Independent Observer Coalition on this matter, “The right to freedom of information is compromised”, 9 September 2023 at: https://hcav.am/en/ind-obs-09-09-2023/
[81] The sequence of distribution of airtime by political subjects was determined by the CEC and released on its website at: https://res.elections.am/images/forGenerals/Yerevan/tv.radio17.09.23_19-08-2023.pdf
[82] According to the Law on Audiovisual Media, the commission is comprised of seven members who are elected by the parliament for a term of six years: https://cdn.epra.org/organisations/documents/41/original/Profile_AM_0622.pdf?1658146159
[83] Information was published on the website of the CEC at: www.elections.am/PageFor/Commission%20on%20Television%20and%20Radio
[84] Heads of candidate lists attended the second debate but sent replacements for the first one. They could only be replaced by candidates ranked from number two to number six on the list. As a result, more women participated in the first TV debate. See the list of participants of the first debate here: https://armtimes.com/hy/article/268752
[85] Interim and final reports are available on the website of the CEC: www.elections.am/PageFor/Commission%20on%20Television%20and%20Radio
[86] See the statement of preliminary findings of the Independent Observer Coalition, released on 18 September 2023, at: https://hcav.am/ind-obs-18-09-2023/ [the findings of this media monitoring are only available until 6 September 2023].
[87] See Council of Europe Platform for the Safety of Journalists, 2 August 2023, "Journalists Harassed Online Following Prime Minister Press Conference, at: https://fom.coe.int/en/alerte/detail/107639692
[88] See the statement of the Union of Journalists of Armenia on this topic (16 September 2023) https://uaj.am/en/6072.html. The Human Rights Defender of Armenia also met the journalist to enquire about the facts and to follow-up with the relevant authorities (18 September 2023) www.ombuds.am/am/site/ViewNews/2691
[89] The Gender Policy Implementation Strategy is available at : www.irtek.am/views/act.aspx?aid=151906
[90] See data from the Inter-parliamentary Union on women in the National Assembly, available at: https://data.ipu.org/node/8/data-on-women?chamber_id=13324
[91] See for more information on women in local councils, see Women Net,” Only three out of 79 communities in Armenia are headed by women”, (headline translated) updated on 10 January 2023. https://womennet.am/en/avagani-women/
[92] See on this matter the ODIHR Election Observation Mission Final report, Early Parliamentary elections, 20 June 2021, page 24.
[93] PEC members could only challenge the results if they had made a written comment in the PEC protocol (Article 71.3 of the Electoral Code) and proxies may only do so with regard to the voting and counting they attended.
[94] See the CEC website, 23 September 2023, at www.elections.am/News/Item/1722
[95] See results of the recounts on the CEC website, 22 September 2023, at: www.elections.am/News/Item/1721
[96] See a summary of cases recorded by the Prosecutor's Office, 17 September 2023, at: https://www.prosecutor.am/article/4325
[97] See summary of cases investigated by the Investigative Committee, 17 September 2023, at: https://investigative.am/news/view/17-septemberi-avaganu-yntrutyunner.html
[98] Congress delegation members assess the conduct of elections based on a standardised election day questionnaire, which is filled out for every observation by Congress teams. The questionnaire covers all areas and aspects of the election day from the conduct of opening, voting, counting and closing procedures and includes questions on the persons present in the polling station, the atmosphere outside and inside the polling station, election material, transparency, potential irregularities, official complaints and a general assessment.
[99] See the summary of findings of the Human Rights Defender of Armenia at: www.ombuds.am/am/site/ViewNews/2690
[100] See the full statement of preliminary findings of the Independent Observer Coalition, released on 18 September 2023, available at: https://hcav.am/en/ind-obs-18-09-2023/
[101] See the full statement of preliminary findings of the Eyewitness Observer Coalition, released on 18 September 2023, available at: www.transparency.am/hy/publication/343
[102] Election results and turnout rates are available on the CEC website: www.elections.am/Elections/LocalProportional/27816 . Unfortunately, the CEC does not provide data disaggregated by gender and age, so the participation of the young voters cannot be established.
[103] See the CEC decision establishing the list of elected members of the Council of Elders of Yerevan on 28 September 2023, available at: www.elections.am/News/Item/1724
[104] See Azatutyun, “It is not yet clear whether new elections will be held in Yerevan or not. "Public Voice" sets a new condition”, (headline translated) 29 September 2023, at: www.azatutyun.am/a/32615985.html
[105]The Public Voice leader indicated as of 2 October that his group would not boycott the session and potentially one or more elected member of his list would attend the constitutive meeting to ensure the 33-member quorum would be met. See Azatutyun, "Public Voice" is not going to boycott the session of the newly elected Yerevan Council of Elders”, (headline translated) 2 October 2023 at: hwww.azatutyun.am/a/32619418.html ; see also Factor.am, "In this situation, a second round cannot be allowed." Vardan Ghukasyan intends to elect Tigran Avinyan as mayor”, (headline translated) 2 October 2010, available at: https://factor.am/695969.html