Interim Report of the Monitoring Group Observing the Activities RA MoD within the Scope of the National Strategy for Human Rights Protection for 2017-2019

March 28, 2019
© 2019. ILLUSTRATION BY PEACE DIALOGUE NGO
© 2019. ILLUSTRATION BY PEACE DIALOGUE NGO

Dear reader,

We introduce the interim report on the activities implemented by the RA Ministry of Defense within the framework of 2017-2019 Action Plan (hereinafter Action Plan) derived from the National Strategy for Human Rights Protection, developed by the monitoring group within the framework of Peace Dialogue NGO’s (PD) initiative “Proactive Civil Society Participation in the Protection and Promotion of Human Rights in the Armenian Military Forces”.

Over the past 10 years, PD has been implementing numerous programs and initiatives aimed at building democracy in Armenia, developing human rights as a value and protecting the rights and interests of various vulnerable groups. Since its inception some of the strategic goals of the organization have been:

  • development of proactive civic, human rights and peace-building potential;
  • protection of human rights and fundamental freedoms; 
  • establishment of civil control over decision-making processes of state bodies, etc.

The organization pays a particular attention to the issues concerning human rights protection in the armed forces, since the absence of control mechanisms in this field by the civil society actors. The danger of violating human rights and fundamental freedoms under the mentioned circumstances is extremely high. Based on all the above mentioned, a significant part of the organization’s initiatives in this field is aimed at raising the role of civil society in the process of public policy-making through human rights monitoring.

In September 2018, PD initiated the project “Proactive Civil Society Participation in the Protection and Promotion of Human Rights in the Armenian Military Forces”. The latter aims at developing effective mechanisms for monitoring RA MoD activities within the framework of 2017-2019 Action Plan derived from the National Strategy on Human Rights Protection.

The project envisages to:

  • establish an independent monitoring group to carry out continuous monitoring of MoD activities within the framework of the HRP Action Plan;
  • provide continuous technical and methodological support for the effective work of the monitoring group;
  • provide constant and consistent assistance to citizens whose rights have been violated during military service;
  • raise awareness among MoD officials, parliament members, Armenian citizens and relevant international actors on the successes and failures of the HRP Action Plan and to make recommendations to improve the human rights situation in the RA Armed Forces.

About the 2017-2019 Action Plan derived from the National Strategy for Human Rights Protection

In order to make the actions of the executive bodies of the Republic of Armenia more systematic and effective in the field of human rights protection, “2017-2019 Action Plan derived from the National Strategy for Human Rights  was approved by the government decision N 483-N on May 4, 2017.

It defines 96 actions, with the schedule, criteria, expected results, and responsible authorities specified for each of them. 

For the purpose of monitoring and coordinating the program, the Government of Armenia has set up a Coordinating Council consisting of different government divisions and government officials.

According to the concept, within five days after the end of each semester, the responsible authorities submit written reports on the process of implementation of the activities within the reporting period to the RA Government Staff and the Ministry of Justice of the Republic of Armenia, while the Coordinating Council organizes discussions every quarter, during which the work done by the departments is presented.

The concept also envisages organizing public hearings on semi-annual basis by the Coordinating Council with the participation of civil society representatives, aiming at creating a platform for representatives of interested NGOs to present their comments and suggestions on the course of the project.

About the Monitoring Group

The monitoring group formed within the scope of the “Proactive Civil Society Participation in the Protection and Promotion of Human Rights in the Armenian Military Forces” initiative is comprised of seven representatives of Human Rights and Media NGOs. 

The members of the Group are (in alphabetical order):

  • Ani Sargsyan – Asparez Journalists’ Club NGO branch, Kapan Youth Civic Center
  • Anush Hakobyan – Transparency International Anti-Corruption Center NGO
  • Eduard Danielyan – Socioscope NGO
  • Mane Grigoryan – Peace Dialogue NGO
  • Ruben Martirosyan – Peace Dialogue NGO
  • Shahane Khachatryan – Independent Journalists Network NGO
  • Zhanna Aleksanyan – Journalists for Human Rights NGO

The experts of the Group:

  • Artur Sukiasyan – Lawyer
  • Diana Ter-Stepanyan – Transparency International Anti-Corruption Center NGO, Research Coordinator
  • Mushegh Shushanyan- Lawyer

Project Director:

  • Edgar Khachatryan, Peace Dialogue NGO

Project Coordinator: 

  • Marianna Khazhakyan, Peace Dialogue NGO

Monitoring Methodology

Based on the logic of the initiative “Proactive Civil Society Participation in the Protection and Promotion of Human Rights in the Armenian Military Forces”, the monitoring implemented by the group aims at examining and revealing the gaps in legal regulations and law enforcement practices in the armed forces adopted within the framework of the 2017-2019 Action Plan derived from HRP Strategy and developing a package of proposals aimed at eliminating the revealed shortcomings.

The report includes data on the study of those events included in the Action Plan, for which the Government has set a deadline until the fourth quarter of 2018. During the preparation of the report, the monitoring team studied actions number 28, 29, 30, 31, 32, and 34 defined in the Government Decision N483-N approved on May 4, 2017. 

The studies have been conducted in three main directions:

  • Document analysis. The response letters received from the RA Ministry of Defense in response to Peace Dialogue’s written inquiries have been studied.
  • Legal analysis. The legal regulations cited by the Ministry of Defense and other regulatory and legal acts regulating the sphere have been studied.
  • Study of Law Enforcement Practice. The practical application of the legislation regulating the sphere was studied in relation to subjects of legal relations regulated by the mentioned norms.

During the monitoring the data collection was implemented through two main methods:

  • Analysis of the letters received by Peace Dialogue NGO in response to written inquiries to the RA Ministry of Defense and the legal norms cited in those texts, as well as other legal acts,
  • Conducting standardized interviews with subjects of legal relations regulated by the mentioned norms. (In the context of this report, subjects of legal relations were, for example, conscripts).

For the purpose of studying the practical application of legal acts developed within the framework of the 2017-2019 Action Plan derived from the HRP Strategy the selection for the inquiries with the subjects of legal relations regulated by these norms was made by the snowball sampling method. Due to the peculiarities of the sphere, the representative sample method was impossible to realize, as there are certain restrictions on confidentiality in the field. Based on the above, surveys were conducted to investigate some of the activities in the program among 100 conscripts and their family members with whom the members of the group managed to meet in the military commissariats, in medical checkup institutions, and so on during the winter conscription. 

Due to the lack of human resources, the surveys were conducted in Lori and Syunik regions and in Yerevan. Thus, one southern and one northern province was selected as well as the capital city. The choice of the mentioned regions is due to the fact, that a number of activities being implemented within the framework of the 2017-2019 Action Plan derived from the HRP Strategy imply monitoring in garrison hospitals of the Ministry of Defense of the Republic of Armenia, which are located in the provincial centers of the mentioned provinces.

Study Results

© 2019. ILLUSTRATION BY PEACE DIALOGUE NGOPlease download the full version of the report under the link below. Interim Report of the Monitoring Group (PDF, 604 Kb).

Translation by Serine Ayvazyan.

 

 


Embassy of the Federal Republic of Germany in Armenia

The monitoring is implemented within the framework of the initiative “Proactive Civil Society Participation in the Protection and Promotion of Human Rights in the Armenian Military Forces” by Peace Dialogue NGO. The project is supported by the Embassy of the Federal Republic of Germany in Armenia, with means from the German Federal Foreign Office.

German Federal Foreign Office