Recommendations of YCHR on the draft law on National Minorities of RA
For the first time in 2018 the Republic of Armenia, with the financial support of the European Union, placed the draft laws “On National Minorities” and “On Equality” in the e-draft system.
On July 15, 2019, the above-mentioned legislative drafts have been placed in the system.
«Yezidi Center for Human Rights» NGO (YCHR) considers the government’s attempt towards the promotion of equality and protection of vulnerable groups an important step. However, there are provisions in the draft law “On National Minorities” that do not explicitly outline the effective use of the proposed legislation and do not fully reflect the requirements of international law on national minorities.
The comments and recommendations of YCHR on the Law on National Minorities are based on the latest published version and are the following:
The articles concerning the implementation of the positive obligations by the State aimed at the preservation of culture and identity of national minorities are incomplete and do not
contain imperative norms that presume tangible measures. At the same time, the law does not refer to any document to be created in the future, based on which subsequent steps will be taken.
National minorities meet difficulties in returning to their historical surnames (patronym).
“Data Processing” section of the law does not contain any provisions that will regulate this issue.
Recommendation:
Representatives of the national minorities should be allowed to return to their historical surnames which do not contain the ending «YAN».
• Electoral processes for representatives of national minorities, especially in rural areas, where the latter live are often unclear. The law defines the existence of bilingual versions of street names in areas where national minorities compactly live but does not define any provision that will oblige the State to translate and disseminate the electoral process materials in the language of national minorities.
Recommendation:
To publish the information on the procedure and process of elections in the language of national minorities.
Article 6. point 2:
Current version:
A census questionnaire conducted under the legislation of the Republic of Armenia must contain a question about a person, national minority affiliation and ethnic identity, and the person (the respondent) has the right to reply or refuse to answer.
Recommendation:
Enable national minorities organizations to be involved in the census process to ensure the
gathering of the most reliable information.
Article 7, point 3:
Current version:
The State and local government bodies implement programs and activities aimed at creating conditions for the preservation and development of traditions, religion, language, a cultureof persons belonging to national minorities, as well as promoting intercultural dialogue.
Recommendation:
The measurability and effectiveness of the implemented programs should be ensured. Thus, a special commission will be formed within one month after the adoption of the law, and incooperation with national minorities, organizations will create a national strategy for the preservation of national identity and non-discriminationtowards national minorities. Based on this strategy, the State and local government bodies will undertake the obligations mentioned above.
Article 8, point 1:
Current version:
Representatives of national minorities have the right to maintain and develop their familyrelationships by their national culture.
Recommendation:
In case of conflict between the tradition and human rights principle , the tradition shell not be at the expense of the enjoyment of human rights. Every citizen of Armenia, regardless of age, gender, and ethnicity, should enjoy fundamental freedoms and rights.
Article 10: Right to Education
Recommendation:
Include a reasonable and objective subject about the culture and history of national minorities of Armenia into the school curriculum.
Article 13:
Current version:
Public Television and Public Radio are to prepare programs about the culture of national minorities of the Republic of Armenia.
Recommendation:
While preparing programs, Public broadcasting should carry it together with national minorities organizations.
Tags: #yazidisinfo #humanrights #ngo #news
Recommendations of YCHR on the draft law on National Minorities of RA
For the first time in 2018 the Republic of Armenia, with the financial support of the European Union, placed the draft laws “On National Minorities” and “On Equality” in the e-draft system.
On July 15, 2019, the above-mentioned legislative drafts have been placed in the system.
«Yezidi Center for Human Rights» NGO (YCHR) considers the government’s attempt towards the promotion of equality and protection of vulnerable groups an important step. However, there are provisions in the draft law “On National Minorities” that do not explicitly outline the effective use of the proposed legislation and do not fully reflect the requirements of international law on national minorities.
The comments and recommendations of YCHR on the Law on National Minorities are based on the latest published version and are the following:
The articles concerning the implementation of the positive obligations by the State aimed at the preservation of culture and identity of national minorities are incomplete and do not
contain imperative norms that presume tangible measures. At the same time, the law does not refer to any document to be created in the future, based on which subsequent steps will be taken.
National minorities meet difficulties in returning to their historical surnames (patronym).
“Data Processing” section of the law does not contain any provisions that will regulate this issue.
Recommendation:
Representatives of the national minorities should be allowed to return to their historical surnames which do not contain the ending «YAN».
• Electoral processes for representatives of national minorities, especially in rural areas, where the latter live are often unclear. The law defines the existence of bilingual versions of street names in areas where national minorities compactly live but does not define any provision that will oblige the State to translate and disseminate the electoral process materials in the language of national minorities.
Recommendation:
To publish the information on the procedure and process of elections in the language of national minorities.
Article 6. point 2:
Current version:
A census questionnaire conducted under the legislation of the Republic of Armenia must contain a question about a person, national minority affiliation and ethnic identity, and the person (the respondent) has the right to reply or refuse to answer.
Recommendation:
Enable national minorities organizations to be involved in the census process to ensure the
gathering of the most reliable information.
Article 7, point 3:
Current version:
The State and local government bodies implement programs and activities aimed at creating conditions for the preservation and development of traditions, religion, language, a cultureof persons belonging to national minorities, as well as promoting intercultural dialogue.
Recommendation:
The measurability and effectiveness of the implemented programs should be ensured. Thus, a special commission will be formed within one month after the adoption of the law, and incooperation with national minorities, organizations will create a national strategy for the preservation of national identity and non-discriminationtowards national minorities. Based on this strategy, the State and local government bodies will undertake the obligations mentioned above.
Article 8, point 1:
Current version:
Representatives of national minorities have the right to maintain and develop their familyrelationships by their national culture.
Recommendation:
In case of conflict between the tradition and human rights principle , the tradition shell not be at the expense of the enjoyment of human rights. Every citizen of Armenia, regardless of age, gender, and ethnicity, should enjoy fundamental freedoms and rights.
Article 10: Right to Education
Recommendation:
Include a reasonable and objective subject about the culture and history of national minorities of Armenia into the school curriculum.
Article 13:
Current version:
Public Television and Public Radio are to prepare programs about the culture of national minorities of the Republic of Armenia.
Recommendation:
While preparing programs, Public broadcasting should carry it together with national minorities organizations.
Tags: #yazidisinfo #humanrights #ngo #news
