In a new open letter, ENNHRI calls on national authorities to clarify legal safeguards concerning the independence of the Human Rights Defender of Armenia. Two conflicting pieces of legislation raise concerns over compatibility with constitutional and legislative provisions, and ultimately compliance with international standards on National Human Rights Institutions (NHRIs). This conflict has the potential to impact the independence of the Armenian NHRI.

The standing of the Armenian NHRI and applicable international standards

The Human Rights Defender of Armenia has been recognised as an A-status institution since 2006 by the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI). This demonstrates its full compliance with the United Nations Paris Principles, the international standards for NHRIs, as well as its credibility and independence.

These require that an NHRI is legally, structurally, and functionally independent and can conduct its full mandate free from any political interference. This also underpins public trust in the institution.

Strong and independent NHRIs are indispensable to the national system of checks and balances in a healthy democracy. Any undue interference in the work or independence of these institutions hinders this system.

The situation facing the Armenian NHRI and ENNHRI’s letter of support

Currently, two pieces of legislation appear to be in conflict, and this has the potential to impact the institution’s independence.

The activities of the Armenian NHRI are regulated by a constitutional law that establishes strong safeguards for its independence, including functional immunity and protection against obstruction under criminal law.

However, a national law from 2017 gives the Corruption Prevention Commission (CPC) in Armenia the power to examine cases relating to breaches of conduct by public officials and does not include the Human Rights Defender of Armenia in the list of independent actors excluded from its remit. The CPC’s power to investigative individuals’ cases could amount to interference in the activities of the Human Rights Defender of Armenia, impacting on the public’s ability to bring individual complaints to the institution in a confidential manner.

In its open letter, ENNHRI expresses concern that this conflict risks undermining the Armenian NHRI’s independence, which is required under international standards including the UN Paris Principles and the Council of Europe Recommendation on NHRIs.

ENNHRI stands ready to support national authorities in Armenia to respect requirements for an independent and effective Armenian NHRI, and to ensure an enabling environment for the institution.

Read and download the letter here.

Learn more about ENNHRI’s work on supporting NHRIs under threat and see dedicated guidance for NHRIs under threat.