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22 November 1999
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MORNING
HR/ESC/99/37
22 November 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
CONSIDERS REPORT OF ARMENIA
The Committee on Economic, Social and Cultural Rights this morning started its consideration of the initial report of Armenia on that country's compliance with the International Covenant on Economic, Social and Cultural Rights.
Introducing the report, Vahram Kazhoyan, Director of the Department of International Organizations of the Ministry of Foreign Affairs of Armenia and head of the delegation, said a historical background of the country and the region which emphasized the issue of the right to self-determination of the people of Nagorno Karabakh -- a historical province of Armenia -- had been reflected in the report.
Mr. Kazhoyan said that it was difficult today to speak about the realization of the rights embodied in the International Covenant when the collective rights of the people of Nagorno Karabakh to self-determination were not respected and continued to be violated by Azerbaijan. He said no agreement had yet been reached due to the lack of political will of Azerbaijan.
In the course of their consideration of the report of Armenia, Committee members put oral queries to the Armenian delegation about the status of the International Covenant within domestic law and whether its provisions were cited by courts; about the situation of current negotiations and the status of Azerbaijani minorities in Armenia; about the reform of the judicial system and the relationship between the prosecution and the functions of the courts; about human rights institutions; about discrimination against women; and whether the privatization process included land owned by the State, among other things.
The Armenian delegation also included Karen Nazarian, Permanent Representative of Armenia to the United Nations Office at Geneva; Tigran Samvelian, head of the Human Rights Desk at the Ministry of Foreign Affairs; and Arpine Gevorgian, Third Secretary of the Permanent Mission of Armenia at the United Nations Office at Geneva.
As one of the 142 State parties to the International Covenant, Armenia must submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.
At the beginning of the morning meeting, the Committee briefly met in private to consider draft concluding observations on the report of Argentina, which it dealt with last week.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of Armenia.
Report of Armenia
The initial report of Armenia (document E/1990/5/Add.36) enumerates the administrative and legislative measures taken by the Government to put into effect the provisions of the International Covenant. It says that it is impossible to speak of the realization of human rights and freedoms if the collective right of a people to self-determination is not recognized and, conversely, the right to self-determination cannot be realized if human rights are violated. The report makes reference to the history of Nagorno Karabakh, which is at the centre of the conflict between Armenia and Azerbaijan. It says that the territory has formed an integral part of the Armenian state for thousands of years.
In addition, the report says that human and citizens' rights are inalienable; the principle of equality before the law for all without any discrimination is guaranteed by the Constitution; there is no discrimination on grounds of national origin, race, sex, language, creed, political or other persuasion, social origin, or other status; every citizen has the right to choose his or her profession or occupation; the right to form or join trade unions is not subject to any restrictions; and primary and secondary education is compulsory and free.
Introduction of Armenia's Report
VAHRAM KAZHOYAN, Director of the Department of International Organizations of the Ministry of Foreign Affairs of Armenia and head of the delegation, said that the report reflected the historical background of the country and the region, emphasizing the issue of the right to self-determination of the people of Nagorno Karabakh - a historical province of Armenia.
Today, it was difficult to speak about the realization of the rights embodied in the International Covenant when the collective rights of the people of Nagorno Karabakh to self-determination were not respected and continued to be violated by Azerbaijan, Mr. Kazhoyan went on to say. No agreement had yet been reached due to the lack of political will of Azerbaijan, he added.
Discussion
At the beginning of the discussion, Committee members put oral queries to the Armenian delegation about the status of the International Covenant within domestic law and whether its provisions were cited by courts; about the situation of current negotiations and the status of Azerbaijani minorities in Armenia; about the reform of the judicial system and the relationship between the prosecution and the functions of the courts; about human rights institutions; about discrimination against women; and whether the privatization process included land owned by the State, among other things.
In response to the questions raised by Committee experts, the members of the Armenian delegation said that the provisions of the International Covenant were used by courts through Armenian legislation. The spirit of the International Covenant was fully reflected in the various legislation of the country. Any international instrument ratified by Armenia could be directly implemented and could be cited by courts. However, examples of citations by courts were not available.
After the elections of 1998, a presidential decree had been enacted to create a human rights committee until an institution of the Ombudsman was established, the delegation said. Since the Constitution did not provide for the creation of the Ombudsman, its set up had so far been delayed. In order to set up the office of the Ombudsman, a majority in Parliament had to be obtained or a referendum had to be launched, which was a requirement to reform the Constitution.
Discrimination against women was prohibited not only by various legislation but also in practice, the delegation said. The Constitution also prohibited any discrimination on grounds of sex.
Among Azerbaijanis living in Armenia, many had already left the country before the actual conflict between Armenia and Azerbaijan had erupted, the delegation said. Before leaving the country, many of them had received compensation for the properties and real estate they left behind. The majority of Azerbaijanis left in Armenia were mainly of mixed families or were related by marriage to Armenians.
Already by 1992, Armenia had given farmers 80 per cent of agricultural land free of charge, the delegation said. However, a psychological problem had arisen among the farmers who were used to the Soviet system of collective farming. In addition, some groups of villagers had refused to dismantle their collective farms. After accepting privatization, many villagers returned to collective farming for the sake of convenience by joining their small pieces of land together.
In the course of the discussion, Committee experts continued to raise additional questions. An expert said that Armenia had experienced the largest decrease in industrial output among the former Soviet republics -- from 1991 to 1993, the Gross Domestic Product (GDP) had fallen by 60 per cent. A tough reform programme had been instituted by the former president of the country towards a market economy, with low inflation and rising industrial production, a trend which had continued into 1999. In 1998, the inflation rate had stood at 8.7 per cent and the GDP had increased by 7.2 per cent which was the highest rate since the implementation of the reforms in 1992. A 1995 United Nations Development Programme (UNDP) report characterized the society as comprising a rich elite and "a vast number of poor and deprived".
A Human Rights Desk had been created under the Ministry of Foreign Affairs with the aim of promoting and protecting human rights, the Armenian delegation said. In addition, there were non-governmental organizations (NGOs) whose activities were directed to human rights advocacy. In the beginning of the creation of those NGOs, there had been antagonism between them and the Government. However, with the development of cooperation and understanding, the situation had become harmonious, the delegation added.
The problem of a transportation outlet persisted with the blockade by Azerbaijan and Turkey, the delegation said. The rail-road bringing merchandise from Russia through Georgia had been blocked by the conflict in that region. The country's economic situation was exacerbated by the closure of its nuclear power plant following the 1988 earthquake. Although Armenia was a landlocked country, it now had solid economic cooperation with Georgia and Iran, among others.
HR/ESC/99/37
22 November 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
CONSIDERS REPORT OF ARMENIA
The Committee on Economic, Social and Cultural Rights this morning started its consideration of the initial report of Armenia on that country's compliance with the International Covenant on Economic, Social and Cultural Rights.
Introducing the report, Vahram Kazhoyan, Director of the Department of International Organizations of the Ministry of Foreign Affairs of Armenia and head of the delegation, said a historical background of the country and the region which emphasized the issue of the right to self-determination of the people of Nagorno Karabakh -- a historical province of Armenia -- had been reflected in the report.
Mr. Kazhoyan said that it was difficult today to speak about the realization of the rights embodied in the International Covenant when the collective rights of the people of Nagorno Karabakh to self-determination were not respected and continued to be violated by Azerbaijan. He said no agreement had yet been reached due to the lack of political will of Azerbaijan.
In the course of their consideration of the report of Armenia, Committee members put oral queries to the Armenian delegation about the status of the International Covenant within domestic law and whether its provisions were cited by courts; about the situation of current negotiations and the status of Azerbaijani minorities in Armenia; about the reform of the judicial system and the relationship between the prosecution and the functions of the courts; about human rights institutions; about discrimination against women; and whether the privatization process included land owned by the State, among other things.
The Armenian delegation also included Karen Nazarian, Permanent Representative of Armenia to the United Nations Office at Geneva; Tigran Samvelian, head of the Human Rights Desk at the Ministry of Foreign Affairs; and Arpine Gevorgian, Third Secretary of the Permanent Mission of Armenia at the United Nations Office at Geneva.
As one of the 142 State parties to the International Covenant, Armenia must submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.
At the beginning of the morning meeting, the Committee briefly met in private to consider draft concluding observations on the report of Argentina, which it dealt with last week.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of Armenia.
Report of Armenia
The initial report of Armenia (document E/1990/5/Add.36) enumerates the administrative and legislative measures taken by the Government to put into effect the provisions of the International Covenant. It says that it is impossible to speak of the realization of human rights and freedoms if the collective right of a people to self-determination is not recognized and, conversely, the right to self-determination cannot be realized if human rights are violated. The report makes reference to the history of Nagorno Karabakh, which is at the centre of the conflict between Armenia and Azerbaijan. It says that the territory has formed an integral part of the Armenian state for thousands of years.
In addition, the report says that human and citizens' rights are inalienable; the principle of equality before the law for all without any discrimination is guaranteed by the Constitution; there is no discrimination on grounds of national origin, race, sex, language, creed, political or other persuasion, social origin, or other status; every citizen has the right to choose his or her profession or occupation; the right to form or join trade unions is not subject to any restrictions; and primary and secondary education is compulsory and free.
Introduction of Armenia's Report
VAHRAM KAZHOYAN, Director of the Department of International Organizations of the Ministry of Foreign Affairs of Armenia and head of the delegation, said that the report reflected the historical background of the country and the region, emphasizing the issue of the right to self-determination of the people of Nagorno Karabakh - a historical province of Armenia.
Today, it was difficult to speak about the realization of the rights embodied in the International Covenant when the collective rights of the people of Nagorno Karabakh to self-determination were not respected and continued to be violated by Azerbaijan, Mr. Kazhoyan went on to say. No agreement had yet been reached due to the lack of political will of Azerbaijan, he added.
Discussion
At the beginning of the discussion, Committee members put oral queries to the Armenian delegation about the status of the International Covenant within domestic law and whether its provisions were cited by courts; about the situation of current negotiations and the status of Azerbaijani minorities in Armenia; about the reform of the judicial system and the relationship between the prosecution and the functions of the courts; about human rights institutions; about discrimination against women; and whether the privatization process included land owned by the State, among other things.
In response to the questions raised by Committee experts, the members of the Armenian delegation said that the provisions of the International Covenant were used by courts through Armenian legislation. The spirit of the International Covenant was fully reflected in the various legislation of the country. Any international instrument ratified by Armenia could be directly implemented and could be cited by courts. However, examples of citations by courts were not available.
After the elections of 1998, a presidential decree had been enacted to create a human rights committee until an institution of the Ombudsman was established, the delegation said. Since the Constitution did not provide for the creation of the Ombudsman, its set up had so far been delayed. In order to set up the office of the Ombudsman, a majority in Parliament had to be obtained or a referendum had to be launched, which was a requirement to reform the Constitution.
Discrimination against women was prohibited not only by various legislation but also in practice, the delegation said. The Constitution also prohibited any discrimination on grounds of sex.
Among Azerbaijanis living in Armenia, many had already left the country before the actual conflict between Armenia and Azerbaijan had erupted, the delegation said. Before leaving the country, many of them had received compensation for the properties and real estate they left behind. The majority of Azerbaijanis left in Armenia were mainly of mixed families or were related by marriage to Armenians.
Already by 1992, Armenia had given farmers 80 per cent of agricultural land free of charge, the delegation said. However, a psychological problem had arisen among the farmers who were used to the Soviet system of collective farming. In addition, some groups of villagers had refused to dismantle their collective farms. After accepting privatization, many villagers returned to collective farming for the sake of convenience by joining their small pieces of land together.
In the course of the discussion, Committee experts continued to raise additional questions. An expert said that Armenia had experienced the largest decrease in industrial output among the former Soviet republics -- from 1991 to 1993, the Gross Domestic Product (GDP) had fallen by 60 per cent. A tough reform programme had been instituted by the former president of the country towards a market economy, with low inflation and rising industrial production, a trend which had continued into 1999. In 1998, the inflation rate had stood at 8.7 per cent and the GDP had increased by 7.2 per cent which was the highest rate since the implementation of the reforms in 1992. A 1995 United Nations Development Programme (UNDP) report characterized the society as comprising a rich elite and "a vast number of poor and deprived".
A Human Rights Desk had been created under the Ministry of Foreign Affairs with the aim of promoting and protecting human rights, the Armenian delegation said. In addition, there were non-governmental organizations (NGOs) whose activities were directed to human rights advocacy. In the beginning of the creation of those NGOs, there had been antagonism between them and the Government. However, with the development of cooperation and understanding, the situation had become harmonious, the delegation added.
The problem of a transportation outlet persisted with the blockade by Azerbaijan and Turkey, the delegation said. The rail-road bringing merchandise from Russia through Georgia had been blocked by the conflict in that region. The country's economic situation was exacerbated by the closure of its nuclear power plant following the 1988 earthquake. Although Armenia was a landlocked country, it now had solid economic cooperation with Georgia and Iran, among others.