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ARMENIA
Public Administration
Country Profile
January 2004
All papers, statistics and materials contained in the Country Profiles express entirely the opinion of the mentioned authors.
They should not, unless otherwise mentioned, be attributed to the Secretariat of the United Nations.
The designations employed and the presentation of material on maps in the Country Profiles do not imply the expression
of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country,
territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
Table of Contents
Table of Contents........................................................................................... 1
Armenia ....................................................................................................... 2
1
ARMENIA
Armenia
Click here for detailed map
Government type
Republic
Independence
21 September 1991 (from
Soviet Union)
Constitution
Adopted by nationwide
referendum 5 July 1995 (click
here)
Legal system
Based on civil law system
Administrative divisions
11 provinces (Aragatsotn,
Ararat, Armavir,
Geghark'unik', Kotayk', Lorri,
Shirak, Syunik', Tavush,
Source: The World Factbook - Armenia
Vayots' Dzor, Yerevan)
Source: The World Factbook - Armenia
The latest presidential elections were held in February and March 2003 when Robert
Kocharian was reelected to the post of President of the Republic of Armenia.a Despite
the tragic event of 27 October 1999, when five gunmen assassinated the Prime
Minister, the Speaker of the National Assembly and other politicians in the National
Assembly, the political situation is relatively stable.
The domestic political situation cannot be separated from its regional context. The
Nagorno-Karabakh conflict has dominated Armenian politics since 1988, before
independence from the Soviet Union. The cease fire declared in 1994 has held well,
but soldiers and civilians are killed every year along the line of contact. The
international negotiations conducted in the framework of the OSCE/Minsk Group
continue, as well as intensified face-to-face meetings between the two Presidents,
but have so far failed to bring a peace agreement.
Since 1994 Armenia has enjoyed consecutive economic growth, with GDP growing at
6% in 2000, and an average annual growth of 5.4%. This is partly dependent on
considerable flows of international aid and large remittances from the Diaspora.
Source: European Commission (External Relations) - Armenia (edited)
a
Since March 20, 1997, Robert Kocharian was appointed to the post of Prime Minister. On March 30, 1998, Robert
Kocharian was elected President of the Republic of Armenia for the first time (Source: Government of Armenia)
2
1. General Information
Population a
i
Female school life expectancy, 2000/2001 8.8 10.5 6.4 1
i
Male school life expectancy, 2000/2001 8.1 10.6 6.4 1
ii
Female estimated adult (15+) illiteracy rate (%), 2000 2.4 .. .. 2
Employment e
v vi vii
Female adult (+15) economic activity rate (%), 2001 51 43 58 2
v vi vii
Male adult (+15) economic activity rate (%), 2001 74 50 76 2
Notes: i 1998/1999; ii 1989; iii 1997, Urban areas only; iv Based on registered unemployment from employment office records, On 31st December;
v
1997; vi 2000; Data for all ages (activity rate shown is crude activity rate); vii Excluding armed forces
GDP a
GDP implicit price deflator (annual % growth), 2003 4.6 4.0 3.4
Private consumption (% of GDP), 2003 82.5 63.2 81.4
Government consumption (% of GDP), 2003 10.3 11.7 8.9
Notes:
2
United Nations Statistics Division:
a
Statistics Division and Population Division of the UN Secretariat; b Statistics Division and Population Division of the UN
Secretariat; c Population Division of the UN Secretariat; d1 UNESCO ; d2 UNESCO; e1 ILO; e2 ILO/OECD
3
World Bank - Data and Statistics:
a
Quick Reference Tables; b Data Profile Tables ; c Country at a Glance
3
1.3 Public Spending Armenia Azerbaijan Georgia
Public expenditures d
i
Education (% of GNP), 1995-1997 2 3 5.2 a
d
UNDP - Human Development Report 2002
a
Data refer to total public expenditure on education, including current and capital expenditures.
b
As a result of a number of limitations in the data, comparisons of military expenditure data over time and across
countries should be made with caution. For detailed notes on the data see SIPRI (2001).
e
Averages for regions and sub regions are only generated if data is available for at least 35% of the countries in that
region or sub region.
f
Excluding education, health and police if available (view Country Sources for further explanations).
4
2. Legal Structure
g
Source of fact boxes if nothing else stated: The World Factbook - Armenia
h
Inter-Parliamentary Union - Women in National Parliaments
i
Freedom House - Nations in Transit 2003 (edited)
5
2.2 Executive Branch
cabinet: Council of Ministers appointed by the prime minister
elections: President elected by popular vote for a five-year term;; prime minister appointed by the president;
the prime minister and Council of Ministers must resign if the National Assembly refuses to accept their
program
The President may dissolve the National Assembly and designate special elections
after consultations with the President of the National Assembly and the Prime
Minister. The President of the Republic appoints and removes the Prime Minister of
the Republic. The President also appoints and removes all members of the
Government nominated by the Prime Minister.
The President furthermore appoints and removes the Chief Prosecutor upon the
recommendation of the Prime Minister and appoints members and the President of
the Constitutional Court. The President moreover heads the Council of Justice
(Ardaradatutian khorhurd) and appoints judges for the courts proposed by the
Council.
The Government of the Republic of Armenia exercises the executive authority of the
Republic of Armenia. The Government is comprised of the Prime Minister and
ministers. The Government's structure and work procedure, upon presentation of the
Prime Minister, are fixed by decree of the President of the Republic.
Source: The Constitution of the Republic of Armenia
The Constitution provides for the independence of judicial bodies, guaranteed by the
President of the Republic, with the Law on the Status of Judges regulating the
independence of judges The system and formation of the courts are established by
the Constitution and the Law on the Judicial System.
The Constitution mandates a three-level court systemk:
Court of Appeals (vchrabek dataran);
Review courts (veraknnich dataranner); and
Tribunal courts of first instance (arajin atyani dataranner)
j
Central Electoral Commission - Presidential Elections 2003
k
The Law on the Judicial System uses the terminology: Court of Cassation, Appellate Courts, and Courts of First
Instance.
6
The highest court is the Court of Appeals. First instance courts try most cases, with a
right of appeal to the Court of Appeals, and then to the Court of Appeals (click here
for more information).
The Constitutional Court rules on the conformity of legislation with the Constitution,
approves international agreements, and decides election-related legal questions. It
can accept only cases proposed by the President, by two-thirds of all parliamentary
deputies, or election-related cases brought by candidates for the National Assembly
or the presidency.l
With regard to judicial control over laws, according to Article 15 of the Civil Code of
the Republic, a legal act, whether adopted by a local self-governing body or state
authorities, that violates the civil rights of a citizen or a legal person, can be ruled as
unlawful upon the decision of the court. The rights violated by the legal acts ruled as
unlawful, are to be defended. Besides, Article 26 of the Civil Procedure Code
establishes the rules according to which the legal acts, adopted by local self-
governing bodies or state authorities, contradicting the laws, can be acknowledged
as unlawful.m
Under the Constitution, the President appoints judges for the tribunal courts of first
instance, review courts, and the Court of Appeals. The Council of Justice, which the
President heads, proposes the candidacies for the presidents and judges of the Court
of Appeals and its chambers and the presidents of the review, first instance tribunal
and other courts and presents its finding concerning the candidacies for other judges
presented by the Justice Minister. The Justice Minister and the Chief Prosecutor are
the vice-presidents of the Council. The President appoints the other 14 members of
the Council of Justice for five years and four of the nine Constitutional Court judges
(the National Assembly appoints the other five).
The selection of judges is based on the provisions of Part 9 of the Charter of the
Ministry of Justice, according to which a relevant Commission formed by the Minister
of Justice is responsible for the procedure of examination and selection of applicants.
The examination is based on a 20-score system, and special examination
commissions, formed by the Minister of Justice, are responsible for grading the
applicants. The Minister of Justice, then, can interview those candidates who satisfied
the requirements of written examinations. Based on the results of the written and
oral tests, the Minister of Justice proposes the list of the candidates, which is
introduced to the President of the Republic by the Council of Justice.n
Judges and members of the Constitutional Court are permanent. A judge holds office
until he reaches age 65 and a member of the Constitutional Court until he reaches
age 70.
Source: The Constitution of the Republic of Armenia
l
U.S. Department of State - Human Rights Practice 2003
m
Source: Government of Armenia
n
Source: Government of Armenia
7
Government. The President of the Republic upon presentation by the Prime Minister
appoints and dismisses the mayor of Yerevan.o
Community Councils and Community Heads (or Mayor in urban communities, Head
of a district community in the district communities in Yerevan and Village Head in
rural communities) are elected in all the communities for a three-year period.
Community Heads recruit their own staff. The number of Councilors varies from five
to fifteen depending on the size of the population.
In December 1995, on the basis of the Constitution, the Law On administrative-
territorial division was adopted, which drew borders of both the communities and
localities and described marz and communities that were to become new
administrative-territorial units. 11 marz were established (including the city of
Yerevan which was given the status of a marz) and 930 communities, of which 47
were urban, 871 were rural and 12 were district communities in Yerevan. One
community can incorporate various localities, both towns and villages that do not
have the status of a separate community. Based on that principle, 8 out of 952 rural
communities were included in urban, whereas the others in rural communities.
The Law On local self-government, which was the most important piece of legislation
in the field, was passed in 1996 and took effect on November 10, 1996 (i.e. on the
first day of municipal elections). The Law defined the concept of local self-
government, the principles of local self-government, the bodies of local self-
government and their powers and competence as well as mutual relations, etc. It has
to be noted that the Law On local self-government adopted in 1996 was on the whole
in line with the provisions of the European Charter on Local Self-Government.
In terms of the formation of the local self-government system the adoption of other
laws (that are directly or indirectly related to that system) had an important role and
significance. Among those were the laws On the budgetary system, On local duties
and charges, On local referenda, On financial equalization, On urban development
and On condominiums as well as the Civil Code and Land Code, etc.
A new Law On local self-government was adopted in 2002 (click here for a guide to
the 2002 law.)
Source: The Law on Local Self-Government: Questions and Answers (2002)
o
The Constitution of the Republic of Armenia
8
3. The State and Civil Society
3.1 Ombudsperson
The Law on the Human Rights Defender has been in force since January 1, 2004. The
law regulates the appointment and removal, as well as the mandate of the Human
Right Defender.
Source: Government of Armenia
3.2 NGOs
According to the Ministry of Justice, there were some 2,800 registered NGOs in
Armenia as of November 2002. Of these, approximately 1,000 were registered over
the previous year. Only a fraction, though, actually operate in practice. The scope of
NGO activities is very broad and includes areas such as politics, human rights,
benevolence, labor, business, and social and womens affairs.
In September 2002, several womens NGOs agreed to form a nationwide coalition to
promote womens political participation. According to Svetlana Aslanian, chairwoman
of the Center for Civil Society Development, the NGO network will be particularly
concerned with boosting female representation in local governments.
The impact of NGOs on government policies remains quite limited. And even though
the American group World Learning has launched grants in the fields of advocacy,
Armenian civic groups have not been very active in lobbying the government or
Parliament for passage of legislation.
The activities in 2002 of an NGO called Havat (Faith) provided a rare example of
successful policy advocacy. Havat succeeded in urging Parliament to pass
amendments to the Law on Social Security of Handicapped People aimed at better
integrating the disabled into society. Another NGO, Antenna, likewise lobbied for
changes in the controversial Law on TV and Radio in collaboration with other media
associations. Also worth mentioning is a new group set up in April 2002 by Raffi
Hovannisian, Armenias U.S.-born former foreign minister. The National Citizens
Initiative has the stated goal of promoting civic activism and public participation in
the countrys political life.
The publics attitude toward the NGO sector is generally positive, and the medias
coverage of NGOs is equally so. However, the governments attitude is rather
indifferent. Only one nominally apolitical organization has received strong
government attention: the Yerkrapah Union of veterans of the Nagorno-Karabakh
war. The authorities have in the past used the paramilitary group, which comprises
some top army commanders, for suppressing the opposition. However, Yerkrapahs
political influence has declined substantially since the assassination of its founder,
Vazgen Sarkisian, in the 1999 Parliament massacre.
Source: Freedom House - Nations in Transit 2003 (edited)
9
speech, including, independent of state borders, the right to seek, receive and
disseminate information and ideas by any means of information communication.
However, freedom of speech can be restricted by law, if necessary, for the
protection of state and public security, public order, health and morality, and the
rights, freedoms, honor, and reputation of others.
There are at least eight independent FM radio stations based in Yerevan and one
such station in the second largest city of Gyumri. They confine their programming
largely to music and brief newscasts. State radio retransmits the daily programs of
Radio Free Europe/Radio Liberty and the Voice of America.
According to official figures, 82 newspapers were published in Armenia as of April
2002. Of these, the government owns only a handful. The only state-owned national
daily, Hayastani Hanrapetutyun, has a circulation of 6,000 copies per issue. There
are also six privately owned national dailies that offer a wide variety of opinions.
Only one of them, Azg (3,000), is affiliated with a political party.
Source: Freedom House - Nations in Transit 2003 (edited)
10
4. Civil Service
In January 2002, President Kocharian appointed all seven members of the Civil
Service Council, which is supposed to ensure civil service independence by protecting
government employees against arbitrary dismissals. A provision in the Law on Civil
Service empowers the council to select staff for most government agencies and
regularly check the professional fitness of government officials. The council held the
first competition for vacant government posts in October 2002, selecting 55
members of its staff from a pool of 560 applicants. More such contests were held
later in the year 2002.
The government, meanwhile, restructured 15 different agencies by either merging
them into appropriate ministries or subordinating them directly to the prime
ministers office. According to Manuk Topuzian, chairman of a special government
commission overseeing the civil service reform, more than 1,000 government jobs
were slashed between January and June in 2002 as a result of the restructuring.
Source: Freedom House - Nations in Transit 2003 (edited)
The Law on Civil Service, 2001 regulates in detail the regular checks of
correspondence of civil servants to the requirement of the position, defining
evaluation, testing and training systems. The rights of civil servants, their
responsibilities, the limitations applicable for them, the scope of obligations, as well
as specific provisions that refer to the mechanisms for appraisal/promotion,
disciplinary penalties and dismissal from the position are also envisaged. The law
establishes the bodies for management and organization of civil service - promoting
uniform civil service state policy, an independent body established by law - civil
service council and chiefs of staff from relevant institutions.
Source: UNDP - National Human Development Report 2001
11
4.2 Appointment
The law stipulates that all positions in civil service can be filled only with individuals
who are recognized as winners in open and transparent competition. The competition
will be conducted through tests and interviews by a steering commission formed for
this purpose. The specific job descriptions, which are considered a new practice in
the legal environment of Armenia, will define the clear scope of major requirements
and competences of the CS, as well as applicability area of the Law, classification of
positions, ranking of CS, appointment to positions, evaluation and training, waiting
lists, the legal status of CS, their appraisal and application of disciplinary penalties,
dismissal, as well as management and organization of the civil service and
assumption of civil service positions.
Source: UNDP - National Human Development Report 2001
4.3 Remuneration
According to the Poverty Reduction Paper for Armenia, Section 4, Chapter 11,
paragraph 469 the state budget 2003 incorporates, inter alia, the following measure
envisaged in the PRSP: As an important implementation modality of the civil service
reform and anti-corruption program, the salaries of civil servants, tax and customs
service staff will be increased by 78% in 2003;
Source: Government of the Republic of Armenia - Poverty Reduction Strategy Paper
4.4 Training
The Law on Civil Service specifies the Armenian School of Public Administration,
established with EU help in 1994 and strengthened by another EU project in 2001-
02, as the institution to deliver the preliminary round of training to civil servants.
Later, more flexibility on training providers was expected and allowed for. Within one
year these courses were underway and, as soon as allowed by the law, the Civil
Service Council opened up training contracts to other state institutions in the capital
and the regions.
Source: UNDP - Civil Service Training in the context of Public Administration Reform
12
4.5 Gender
The 2004 to 2010 National Plan of Action of the Republic of Armenia on the
Improvement of the Status of Women and the Enhancement of their Role in Society
defines basic policy elements for the Armenian government with respect to the
position of women in society. Its main goal is to fulfill Armenia's Constitutional
Provision on equal rights and opportunities for men and women.
Source: OSCE - Press Release (9/2003)
13
5. Ethics and Civil Service
5.1 Corruption
2003 CPI Score relates to perceptions of the degree of corruption as seen by
business people and country analysts and ranges between 10 (highly clean) and 0
(highly corrupt).
Surveys Used: Refers to the number of surveys that were used to assess a country's performance. 17 surveys were
used and at least 3 surveys were required for a country to be included in the CPI.
Standard Deviation: Indicates differences in the values of the sources. Values below 0.5 indicate agreement, values
between 0.5 and c. 0.9 indicate some agreement, while values equal or larger than 1 indicate disagreement.
High-Low Range: Provides the highest and lowest values of the sources.
Number Institutions: Refers to the number of independent institutions that assessed a country's performance. Since
some institutions provided more than one survey.
90 percent confidence range: Provides a range of possible values of the CPI score. With 5 percent probability the score
is above this range and with another 5 percent it is below.
14
A major public opinion survey on corruption released October 2002 in Armenia has
found that the overwhelming majority of those polled believe that corruption remains
a serious problem in the country.
The main goal of the survey was to identify public perceptions of corruption. It was
based on the questioning of 1,400 individuals, including 1,000 households, 200
businessmen and 200 public officials. The survey, which for the first time also
targeted public officials as respondents, was conducted throughout the country.
The survey was initiated by the non-governmental organizations Centre for Regional
Development/Transparency International Armenia, Civil Society Development Union
and 'Development Network', with the support of the OSCE. The study contributes to
actions taken by the Armenian Government to elaborate a national anti-corruption
strategy. It establishes a baseline against which to measure future changes and
provides an up-to-date picture of attitudes to corruption in Armenia.
According to the survey, the overwhelming majority of respondents believe that
corruption is a serious problem in Armenia. They did not relate its occurrence to the
gaining of independence; most of them mentioned that it became an issue either
before the formation of the USSR or during the Soviet period. Survey results
demonstrated that 95 per cent of households, 97 per cent of businesses and 93 per
cent of public officials thought that corruption in Armenia was mainly caused by the
state authorities. As for the causes of corruption, all the groups referred to poor law
enforcement and imperfect legislation and regulations.
The OSCE Office in Yerevan is co-ordinating an international task force to combat
corruption in Armenia. The main objective of the group represented by World Bank,
International Monetary Fund, the United Nations Development Programme, European
Commission, the United States Agency for International Development (USAID), the
European Bank for Reconstruction and Development, Council of Europe, and the
British, German, French, US, Russian, Italian embassies is to assist the Government
in working out a detailed strategy and its implementation in combating corruption in
Armenia.
Source: OSCE - Press Release (Public Opinion on Corruption)
5.2 Ethics
The draft law on civil service (see chapter 4 on Civil Service) envisages the
development of the rules of ethics for a civil servant. In this case the initiative came
from an NGO, the Union of Armenian State Servants, which prepared a Code of
Ethics for civil servants as a basis for further elaboration.
An attempt to work out the rules of ethics for civil servants (CS) was made by the
Union of Armenian State Servants (NGO). The research-survey conducted in five
governors' offices was aimed at revealing the CS sentiments on the expedience and
importance of introducing CS rule of ethics (six sections on the whole). Out of the
189 surveyed, 72% are males of working age (25-55 years old), which is highly
typical of our governance system. The majority (72%) are convinced that the
introduction of the rules of ethics will significantly contribute to regulating the CS
activities.
1. The majority of the surveyed agrees that the civil service is a professional activity,
requiring that the CSs be guided by state interests, and adhere to decision making
and implementation mechanisms (1.1. provision of rules). CSs do not support the
idea of politicizing their work and unilaterally reject the possibility of non-
professional activity.
15
2. Out of the surveyed, 60% accept in principle that civil service is a voluntary
limitation of their freedoms rather than a system of privileges, however they (70%)
would not like to have limitations reinforced by law. The surveyed negatively
responded to a provision 1.5 of the rules, whereby outside of service, CS should
refrain from business contacts with persons who have problems with the authorities.
This provision needs reconsideration since the draft law, too, stipulates CS freedoms
outside of work and professional activity.
3. The surveyed fully support the realization of the principles of loyalty towards
political authorities, political discretion, adherence to requirements of the legislature,
honesty (Sections 2&3).
4. Due to the fact that today the performance of duties, especially service provision,
does not take place without "personal promises", Section 4 on agreeing and
disagreeing to the unacceptability of "personal promises" elicited sharply deviating
responses.
5. The requirements on the capability to perform professional work, team building
and teamwork are acceptable on the whole (Section 5 & 6). The issue of a further
political career after civil service is another concern. About half of the surveyed do
not agree with that provision, since positions in the government apparatus for many
have been seen traditionally as another step in the career ladder.
Source: UNDP - National Human Development Report 2001
16
6. e-Government
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17
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Source: United Nations World Public Sector Report 2003 d
issues.
e-consultation:
The government website explains e-consultation mechanisms and tools. It offers a choice of public policy topics online for discussion with
real time and archived access to audios and videos of public meetings. The government encourages citizens to participate in discussions.
18
7. Links
Government http://www.gov.am/en/
Structure of Government http://www.gov.am/en/gov/structure.html
Parliament http://www.parliament.am/
19