Armenia - NHDR 1999

The State's conscientious performance in the establishment and maintenance of legitimacy is urgently needed by Armenian society. The atmosphere of illegitimacy and widespread violations of human rights, at a their peak between 1993 and 1996, have left a lasting impression on the people. In the public's perception, these ill practices were performed along with and as the result of democracy building. This accounts for the orientation of a large segment of society towards the communist past, while the solution to such issues as ensuring the rule of law, equality before the law, and maintaining legitimacy is perceived in the restoration of a strong authoritarian or totalitarian system. Numerous irregularities observed and uninvestigated at previous elections, supported the people's conviction that any elections in Armenia are bound to be flawed. This perception, still prevalent, could testify to the fact that 43% of the population did not participate in the 1999 parliamentary elections. Distrust in elections is deepened still further due to the significant influence and miscellaneous levers, often illegal, that the state apparatus uses for gaining more votes in support of the ruling political force. Although subsiding, this tendency still exists and certainly does not help to promote the establishment of legitimacy and to regain the people's confidence in the State and the rule of law.

The exposition of economic crimes, with subsequent conviction and punishment under law is another significant factor in the establishment of legitimacy. Fraud is claimed to be widespread in this sphere, especially during the periods of loan utilization and privatization, taking the form of patronage and corruption among the central and local authority officers.

In 1998-99 certain positive changes have been notices in revealing previously committed economic crimes. However, these measures are not sufficient to establish the atmosphere of rule of law. In most cases, punishment for the previously committed economic crimes is confined to compensation for the inflicted losses, bypassing general public resonance and penalties. Solving the assassination crimes committed against famous politicians and entrepreneurs during the former regime, including an objective assessment of former authorities (in light of these cases) as well as holding the culprits liable are considered by the general public not only the basic steps necessary for establishing the rule of law, but also for guaranteeing the restoration of justice.

Establishing a society based on the rule of law urgently requires improving the supervision over the manner in which law enforcement bodies apply the law. It also implies the need to eradicate corruption and protectionism in these bodies. From 1998-99 a certain improvement in the work of the Prosecutor's Office has been noticed, as evidenced by ongoing criminal cases initiated against a number of National Assembly (NA) members and former officials. The process, however was hampered by the former NA, thought by many to have been formed illegitimately in 1995.

Finally, the judicial power, which is supposed to play a key role in the establishment of the rule of law, has dramatically lost its authority in society over the recent years. In 1998, certain reforms of the judicial legislation and judicial system were carried out. These, however, have not yet yielded any tangible positive result in terms of change in public opinion and the establishment of confidence in judicial power. 4

Table 4.1. Loan Spending Efficiency

Source: Report by the Temporary Commission of the National Assembly, 1998.