The opinion that the new amendments in “RA Law on the Freedom of Faith and Religious Organizations” initiated by the Parliament Member Mr. Armen Ashotyan would turn to be a serious threat to human rights protection and freedom of speech in Armenia was expressed by many human rights organizations and experts during the discussion organized by Partnership for Open Society Initiative on February 20, 2009. The key speakers of the discussion were Stepan Danielyan, President of Collaboration for Democracy NGO, Hranush Kharatyan, ethnographer, former Head of the Department of National Minorities and Religion, and Vardan Khachatryan, parliament member representing the Heritage fraction.
Stepan Danielyan went through each article of the draft law. According to him, article 5 of the draft law fully contradicts the RA Constitution and international treaties, it reads the following: “The expression of the right to freedom of faith and religion may be limited only by law, if it is necessary for the protection of the public order, health, morals, or the rights and freedoms of other members of society.”
 As to article 9 of the draft, in Mr. Danielyan’s opinion the proposed definition of the word “proselytism,” a term that has no definition in international law, could cause serious problems. Based on this definition, there is a proposal to amend the Criminal Code in a highly repressive manner, which, if adopted, could effectively apply to any religious activity.  Moreover, it could apply to scientific research, art literature, and media publications. On February 13, the author of the draft, parliament member Armen Ashotyan, told the representatives of religious organizations that the definition was based on the Ecumenical Council.  However, definitions of the Ecumenical Council do not have legal force.
Mr. Danielyan also added that it was unacceptable to grant the Church “state functions” by amending paragraphs “b” and “c” of the article 17 of the existing law by adding words “with the exception of cases provided by law”. He noted that in paragraph “b,” the Constitution permitted (see Article 26 of the Constitution) limiting religious freedoms by law, whereas the Constitution did not permit the same in paragraph “c” of the extant law, which reads: “Prohibit the participation of the church in state governance, and not delegate any state function to the church and religious organizations.” (see Article 8.1 of the Constitution). Therefore, making such amendments to paragraph “c” would be unconstitutional, enabling the church to participate in state government and to perform state functions.  This amendment was similar to the amendment proposed to Article 7 of the draft, i.e. it  would effectively amount to a transition from a secular to a religious state.  This amendment would be unconstitutional and would contradict the principle of the Church being separate from the State.”

Ms. Hranush Kharatyan noted that the new amendments to the law added more gaps and drawbacks to the existing one. Ms. Kharatyan added that before making amendments, the authors of the draft had to gather a group of exerts to avoid incompliance with the Armenian Constitution and international human rights instruments. Ms. Kharatyan defined as “populist” the statements of the draft authors saying that by the amendments they were willing to protect Armenian Apostolic Church and ensure its efficacy.

Mr.  Vardan Khachatryan said that even though he was the only theologian in the National Assembly, he had never been included in the discussions of this draft law. He also said that he found the draft law very dangerous.

The speakers noted that all of the above mentioned wordings contradicted Armenia’s constitutional articles on freedom of expression, freedom of speech, freedom of religion.

The discussion was attended by more than 150 representatives of religious organizations, civil society, mass media and international organizations. More than 10 representatives of religious organizations expressed their views on the draft   during the discussion. The event received extensive media coverage.