Monday, February 19 2018 17:13

ArmInfo.The legislative initiative, which assumes the participation of the Human Rights Defender in meetings of the Armenian government exclusively at the  invitation of the RA Prime Minister, does not in any way narrow the terms of reference of the Armenian Ombudsman. This was in response to a request to ArmInfo, the press service of the Armenian Ombudsman office reported.

As noted in the Office of the Ombudsman of Armenia, such regulations  are stipulated in the draft law "On Amending the RA Constitutional  Law on the Human Rights Defender." "Under the conditions of the  parliamentary system of governance, participation in government  sessions is the responsibility of only members of the government, and  the right to participate in these meetings is permanently assigned to  the heads of those departments that are subordinate to the government  and the prime minister, as well as the heads of the apparatuses of  the President and the National Assembly >, said in the Office.

At the same time, the structure explained that the possibility of  participating in the Cabinet meetings at the invitation of the prime  minister extends to all bodies independent of the executive branch,  including the Ombudsman. Nevertheless, according to the apparatus of  the Ombudsman Office, the innovation will in no way impede the work  of the Ombudsman. On the contrary, the Ombudsman has been granted a  broader range of powers on the basis of constitutional amendments,  and constitutional guarantees for the independence of the Ombudsman's  institution have also been strengthened: before the adoption of a  normative legal act or draft government decision on human rights and  freedoms, the Ombudsman has the right to send its written opinion, a  range of normative acts that can be challenged by the Ombudsman in  the Constitutional Court (decisions of the Government and the Prime  Minister, subordinate legal acts, etc.). It should be reminded that  recently a bill "On Amendments to the RA Constitutional Law on the  Human Rights Defender" was posted on the unified website of draft  legal acts (e-draft.am), according to which the Human Rights Defender  (Ombudsman) of Armenia will not be able to participate in the  meetings government of the Republic of Armenia without the invitation  of the Prime Minister of the Republic.  According to part 1 of  Article 32 of the RA Constitutional Law "On the Human Rights  Defender", the Ombudsman has the right to attend sessions of the  Government of the Republic of Armenia and act in accordance with the  procedure of the Cabinet of Ministers, as well as to attend and speak  at government and local government according to the established  procedure for holding meetings of these bodies, if issues relating to  human rights and freedoms are considered. In substantiation to the  bill drafted by the Foundation for Development of Legislation and  Legal Studies under the Ministry of Justice of Armenia, in  particular, it is noted: the draft law on the structure and  activities of the government of the Republic of Armenia (together  with a package of related draft laws), on which establishes the  circle of persons who have the right to attend government government  meetings. Despite the fact that there is no human rights defender in  this list, however, the draft law provides that persons invited by  the Prime Minister of Armenia may attend the Cabinet meetings. The  above-mentioned served as the basis for the development of the draft  law "On Amending the Constitutional Law of the Republic of Armenia on  the Human Rights Defender," the reasoning states.