Strasbourg, 20 April 2011

Public
ACFC/OP/III(2010)006

ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION

FOR THE PROTECTION OF NATIONAL MINORITIES

____________________________________

Third Opinion on Armenia

adopted on 14 October 2010

EXECUTIVE SUMMARY

Since the adoption of the Advisory Committee’s second Opinion in May 2006, Armenia has
taken a number of measures to advance the implementation of the Framework Convention.
The authorities continue to show an inclusive approach concerning the scope of application of
the Framework Convention and co-operate with all national minority communities living on
its territory. A general climate of tolerance and understanding between national minorities and
the majority prevails in the country.

The Department for Ethnic Minorities and Religious Affairs and the Coordinating Council for
National and Cultural Organizations of National Minorities continue to play an active role in
raising awareness on issues affecting national minorities and in seeking to resolve outstanding
issues.

Problems remain, however, in the implementation of some of the provisions of the

Framework Convention. In particular, the formulation and the mandatory nature of the
answers to questions on nationality/ethnicity and language contained in the proposed
questionnaire for the population census planned for 2011 raise problems as regards the right
of persons belonging to national minorities to choose to be treated or not to be treated as such.
ACFC/OP/III(2010)006

No comprehensive anti-discrimination legislation has yet been adopted and there remains a
lack of reliable statistics in this field.

The plans for the reform of local self-government in Armenia may have a negative impact on
the right of persons belonging to national minorities to participate effectively in public affairs
at local level.

Issues for immediate action

 Review, in the context of the preparation of the population census of 2011, the
proposed wording of the questions relating to a person’s identification with a
national minority and to his or her minority language and the selected
methodology of the questionnaire;

 Take resolute measures to ensure that the rights of persons belonging to national
minorities are duly taken into account when planning and implementing the local
government reform and to guarantee that the reform has no negative impact on
the right of persons belonging to national minorities to participate effectively in
public affairs at local level.

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TABLE OF CONTENTS

I. MAIN FINDINGS.......................................................................................................... 5
Monitoring process.................................................................................................................... 5
General overview of the implementation of the Framework Convention after two monitoring
cycles ........................................................................................................................................ 5
Legislative and institutional framework ..................................................................................... 6
Census and ethnic data collection .............................................................................................. 6
Intercultural dialogue and tolerance ........................................................................................... 6
Media ........................................................................................................................................ 7
Patronymics............................................................................................................................... 7
Education .................................................................................................................................. 7

II. ARTICLE-BY-ARTICLE FINDINGS ........................................................................... 8

Article 3 of the Framework Convention..................................................................................... 8
Article 4 of the Framework Convention................................................................................... 10
Article 5 of the Framework Convention................................................................................... 13
Article 6 of the Framework Convention................................................................................... 13
Article 9 of the Framework Convention................................................................................... 15
Article 10 of the Framework Convention................................................................................. 15
Article 11 of the Framework Convention................................................................................. 16
Article 12 of the Framework Convention................................................................................. 17
Article 14 of the Framework Convention................................................................................. 18
Article 15 of the Framework Convention................................................................................. 19
Article 16 of the Framework Convention................................................................................. 21
Article 18 of the Framework Convention................................................................................. 21

III. CONCLUSIONS.......................................................................................................... 22
Positive developments following two cycles of monitoring...................................................... 22
Issues of concern following two cycles of monitoring.............................................................. 22
Recommendations ................................................................................................................... 23
Issues for immediate action ..................................................................................................... 23
Further recommendations ........................................................................................................ 23

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ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION

FOR THE PROTECTION OF NATIONAL MINORITIES

THIRD OPINION ON ARMENIA

1. The Advisory Committee adopted the present Opinion on Armenia in accordance with
Article 26 (1) of the Framework Convention and Rule 23 of Resolution (97) 10 of the
Committee of Ministers. The findings are based on information contained in the State Report
(hereinafter the State Report), received on 5 November 2009, and other written sources and
on information obtained by the Advisory Committee from governmental and non-
governmental contacts during its visit to Yerevan, from 21 to 24 June 2010.
2. Section I below contains the Advisory Committee’s main findings on key issues
pertaining to the implementation of the Framework Convention in Armenia. These findings
reflect the more detailed article-by-article findings contained in Section II, which covers those
provisions of the Framework Convention on which the Advisory Committee has substantive
issues to raise.
3. Both sections make extensive reference to the follow-up given to the findings of the
monitoring of the Framework Convention, contained in the Advisory Committee’s first and
second Opinions on Armenia, adopted on 16 May 2002 and 12 May 2006 respectively, and in
the Committee of Ministers’ corresponding Resolutions, adopted on 15 January 2003 and
7 February 2007.
4. The concluding remarks, contained in Section III, could serve as the basis for the
Committee of Ministers’ forthcoming conclusions and recommendations on Armenia.
5. The Advisory Committee looks forward to continuing its dialogue with the authorities
of Armenia as well as with representatives of national minorities and others involved in the
implementation of the Framework Convention. In order to promote an inclusive and
transparent process, the Advisory Committee strongly encourages the authorities to make the
present Opinion public upon its receipt.
6. The Advisory Committee would also like to bring to the attention of State parties that
on 16 April 2009, the Committee of Ministers adopted new rules for the publication of the
Advisory Committee’s Opinion and other monitoring documents, aiming at increasing
transparency and at sharing the information on the monitoring findings and conclusions with
all the parties involved at an early stage (see Resolution CM/Res(2009)3 amending
Resolution (97) 10 on the monitoring arrangements under Articles 24-26 of the Framework
Convention for the Protection of National Minorities).

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I. MAIN FINDINGS

Monitoring process
7. The Armenian authorities have pursued their constructive approach to the monitoring
process under the Framework Convention, including by submitting their State Report in a
timely manner. The Advisory Committee wishes to emphasise, as a positive step, that the
Armenian authorities organised a follow-up seminar in 2007 which was instrumental in
disseminating the results of the second monitoring cycle.
8. The Advisory Committee notes that the third State Report was prepared in
consultation with national minority organisations represented in the Coordinating Council for
National and Cultural Organizations of National Minorities (the Coordinating Council). The
Armenian authorities also reported that they organised a round-table discussion with a number
of non-governmental organisations with a view to ascertaining their opinion on the situation
of persons belonging to national minorities and to preparing a State Report providing full
information from various sources.
9. The Advisory Committee visited Armenia from 21 to 24 June 2010. The visit,
organised at the invitation of the Armenian Government, provided an opportunity to engage in
direct dialogue with the parties concerned. The additional information gathered from the
Government and other sources, including representatives of national minorities, proved
particularly useful. Talks were held not only in Yerevan but also in surrounding areas (Zovuni
and Verin Dvin in the Ararat region) inhabited by persons belonging to the Assyrian and
Yezidi minorities. The Advisory Committee welcomes the spirit of co-operation shown by the
Armenian authorities during the process which led to the adoption of the present Opinion.

General overview of the implementation of the Framework Convention after two

monitoring cycles
10. Since ratifying the Framework Convention in 1998, Armenia has continued its efforts
to protect national minorities. The Armenian authorities continue to show their commitment
to the implementation of this treaty and often draw on it when deciding on the future course of
their policy in favour of national minorities.
11. In addition, the authorities have always adopted a genuinely co-operative approach in
their exchanges of information with the Advisory Committee.
12. The Advisory Committee acknowledges that the current economic crisis is having a
significant impact in Armenia, including on the allocation of resources for the implementation
of the Framework Convention. However, it finds it important to pursue the efforts to protect
national minorities developed since the ratification of the Framework Convention, to build on
the results already achieved.
13. The continuing economic difficulties have a negative impact on Armenian society,
including persons belonging to national minorities, many of whom have emigrated from
Armenia in recent years. The awareness of minority rights and discrimination issues remains
insufficient, including among persons belonging to national minorities.

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Legislative and institutional framework

14. There have been no significant changes as regards legislation since the last Opinion.
There is an overwhelming consensus in Armenia among persons belonging to national
minorities that there is no need for adopting a law on national minorities, and that the current
sectoral legislative and administrative arrangements are satisfactory.
15. There have been no significant changes as regards anti-discrimination legislation,
which is fragmented and does not guarantee adequate protection against discrimination. The
Office of the Human Rights Defender continues to enjoy wide-spread public support and it
receives a substantial number of individual complaints.
16. The principal bodies responsible for the implementation of the Government’s policy
on national minorities are the Department of the Government of the Republic of Armenia for
Ethnic Minorities and Religious Affairs and the Coordinating Council for National and
Cultural Organizations of National Minorities, composed of representatives of eleven national
minorities. Both bodies continue to play an active role in raising the awareness on issues
affecting national minorities and seeking to resolve outstanding issues through a regular
dialogue.

Census and ethnic data collection

17. A new population census is planned in Armenia in 2011 and the authorities have
already begun preparations for this process. According to the information currently available,
the answers to questions on nationality/ethnicity, language and religion are to be mandatory
and the questions themselves are not open-ended, restricting the choice of respondents to a list
with limited options. This raises serious problems as regards the right of persons belonging to
national minorities to choose to be treated or not to be treated as such, provided for in Article
3 of the Framework Convention. The questionnaire is also not in conformity with the
Recommendations for 2010 Censuses of Population and Housing by the United Nations
Economic Commission for Europe and the Statistical Office of the European Communities
(Eurostat).
18. Apart from the data collected during the 2001 census and some targeted information
on migration flows of population disaggregated by ethnicity, there is a significant lack of
reliable statistics on national minorities, disaggregated by age, gender and geographical
distribution, especially in the field of employment, which impacts negatively on the
authorities in their preparation, implementation and monitoring of public policies with regard
to the protection of national minorities and especially disadvantaged groups.

Intercultural dialogue and tolerance

19. A general climate of tolerance and understanding between persons belonging to
national minorities and the majority population prevails in Armenia and the representatives of
national minorities did not report intolerance towards members of their communities. In spite
of economic difficulties affecting Armenia, the authorities continue to allocate resources for
promoting the traditions and the cultures of national minorities. School curricula were
amended to include thematic units on “rights of national minorities” and “tolerance” with an
aim to raise awareness of children to the historical, social and cultural aspects of the role of
national minorities and their contribution to Armenian society.

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20. The tensions and intolerance between the Kurdish and Yezidi minorities observed
during the first and second cycle of monitoring persist, despite the authorities’ efforts to
facilitate good relations between them.
21. Church property seized under the communist regime has been returned to the Assyrian
and Russian Orthodox communities.

Media
22. The Armenian public radio and television services continue to broadcast programmes
addressed to national minorities, including in the languages of national minorities. In general,
the representatives of national minorities indicate that the coverage of issues concerning them
is fair and balanced. However, anti-Semitic statements which have been voiced in some media
outlets, including the press and the privately-owned ALM TV channel, have not prompted an
adequate reaction from the authorities and the public, in spite of complaints from
representatives of the Jewish minority.
23. Amendments to the Law on Television and Radio adopted in 2008, set upper limits of
one hour daily for the public radio and two hours weekly for public television broadcasting in
minority languages.

Patronymics
24. The existing practice of translating/transcribing into the Armenian language
patronymics in birth and marriage certificates and identity documents of persons belonging to
the Russian, Belarusian and Ukrainian national minorities does not take into account the
grammatical rules of these languages and is therefore not in line with Article 11 paragraph 1
and the overall principle of inclusive interpretation of the Framework Convention.

Education
25. Languages of national minorities are taught in schools located in regions where
persons belonging to these minorities live in substantial numbers and efforts have been made
to publish textbooks for teaching Russian, Assyrian, Yezidi and Kurdish as minority
languages.
26. Priority in admitting candidates belonging to national minorities, who have passed the
university entrance exams, has significantly improved access of such candidates to the
relevant higher educational establishments.

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II. ARTICLE-BY-ARTICLE FINDINGS

Article 3 of the Framework Convention

Personal scope of application of the Framework Convention

Recommendations from the two previous cycles of monitoring

27. In the previous cycles of monitoring, the Advisory Committee encouraged the
Armenian authorities to maintain their inclusive approach with regard to the scope of
application of the Framework Convention and to envisage, where appropriate, the possibility
of including persons belonging to other groups, including non-citizens, in the application of
the Framework Convention.

Present situation
28. The Advisory Committee notes with satisfaction that there has been no change since
the second monitoring cycle in the inclusive approach taken by the authorities of Armenia
concerning the scope of application of the Framework Convention. The authorities continue to
show an open approach and co-operate with all national minority communities irrespective of
their involvement in the Coordinating Council. 1
29. The Advisory Committee finds that there are still debates among some representatives
of the Kurds and the Yezidi as to whether they have distinct national identities or are rather a
part of the same national group with distinct religious identities. In this connection, the
Advisory Committee finds it essential to reiterate that the right of every person belonging to a
national minority to choose freely to be treated or not as such, must be respected, in line with
Article 3 of the Framework Convention.
30. The Advisory Committee notes however with concern that persons belonging to the
national minorities which are not represented in the Coordinating Council do not benefit on an
equal footing with those minorities which are represented, from the opportunities afforded to
larger minorities. This is particularly pertinent as far as the consultation process and allocation
of funds are concerned.

Recommendations
31. The Advisory Committee encourages the authorities to maintain an inclusive approach
in the scope of application of the Framework Convention.
32. The Advisory Committee encourages the Armenian authorities to continue to respect
strictly the principle of free self-identification contained in Article 3 of the Framework
Convention.
33. The Advisory Committee invites the authorities to maintain the possibility for persons
belonging to other groups, including non-citizens where appropriate, on an article-by-article
basis to be included in the application of the Framework Convention.

1
The eleven national minorities represented in the Coordinating Council are: Assyrian, Belarusian, Georgian, German,
Greek, Jewish, Kurdish, Polish, Russian, Ukrainian and Yezidi. Less numerous minorities, such as the Abkhazians, Abazins,
Bulgarians, Iranians, Latvians, Lithuanians, Moldovans, Mordvans, Ingushetians, Ossetians, Romanians, Tatars, Udins, and
others, are not represented in the Coordinating Council.

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The draft Law on National Minorities

Recommendations from the two previous cycles of monitoring

34. In the previous cycles of monitoring, the Advisory Committee encouraged the
authorities to pursue consultations on the draft Law on Minorities with the representatives of
national minorities and to ensure compliance of such legislation with international standards
in the field of minority protection.

Present situation
35. The Advisory Committee notes that according to an overwhelming consensus among
persons belonging to national minorities in Armenia, there is no need for the adoption of a
law on national minorities in Armenia. The interlocutors of the Advisory Committee consider
that such a law would create more problems than it would solve, and that the current sectoral
legislative and administrative arrangements (for example in the fields of education, culture
and media) are satisfactory.

Recommendations
36. The Advisory Committee encourages the authorities to continue the dialogue with
representatives of national minorities on the most suitable way of guaranteeing effectively to
persons belonging to national minorities the enjoyment of the protection of the Framework
Convention.
37. The Advisory Committee urges the authorities to ensure that persons belonging to
national minorities have access to full information about their rights under the provisions of
the Framework Convention, where possible in their own language.

Data collection and self-identification

Recommendations from the two previous cycles of monitoring

38. In the previous cycles of monitoring, the Advisory Committee welcomed the
application of the principle of self-identification of persons belonging to national minorities.

Present situation
39. The Advisory Committee notes that a new population census is planned for 2011 and
that the authorities have already begun preparations for this.
40. The Advisory Committee notes however with regret the fact that the representatives of
the national minorities have not been consulted either on the wording of the questions or on
the selected methodology of the questionnaire. The Advisory Committee is further concerned
that according to the information obtained from the National Statistical Service the answers to
questions on nationality/ethnicity, language and religion are mandatory and the questions
themselves not open-ended.
41. The Advisory Committee wishes to recall that census questions relating to
nationality/ethnicity and language (and religion) must be optional and open-ended as
stipulated in the Recommendations for 2010 Censuses of Population and Housing by the
United Nations Economic Commission for Europe (UN ECE) and the Statistical Office of the
European Communities (Eurostat).2 The Advisory Committee wishes to emphasise that the

2
See http://www.unece.org/stats/publications/CES_2010_Census_Recommendations_English.pdf § 425: “Information on
ethnicity should therefore always be based on the free self-declaration of a person, questionnaires should include an open

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questionnaire should also include the possibility for multiple identity affiliations (e.g. for
children of mixed marriages)3 – in order for the census results to reflect effectively each
individual’s choice.
42. The Advisory Committee wishes to emphasise that the questionnaire, in its present
form, does not afford to persons belonging to national minorities the freedom to choose to be
treated or not to be treated as such and is thus contrary to Article 3 of the Framework
Convention. Moreover, it is not in line with the Recommendations of the UN ECE and the
Eurostat cited above.

Recommendations
43. The Advisory Committee calls on the authorities to review, in consultation with the
representatives of national minorities, the current wording of the questions relating to a
person’s affiliation with a national minority and to his or her minority language or the selected
methodology of the questionnaire.
44. The Advisory Committee calls on the authorities to take specific measures to include
persons belonging to national minorities, and persons speaking a minority language, among
the census officials. It also encourages the translation of the census questionnaires into
minority languages.
45. The authorities should undertake awareness-raising activities among persons
belonging to national minorities well in advance of the next census, particularly via the media
and in co-operation with minority representatives. These activities should underline the
importance and usefulness of the collection of information about the ethnic composition of the
population, as well as about the national safeguards and international standards for the
protection of personal data. Ethnic data collection should be conducted in close co-operation
with national minority representatives and with full respect for the safeguards, notably those
related to the protection of personal data, the specific and limited use of such data by the
authorities, and the free, informed and unambiguous consent of the persons concerned, as laid
down in the Committee of Ministers Recommendation (97)18 concerning the protection of
personal data.

Article 4 of the Framework Convention

Institutional and legal developments in the area of discrimination

Recommendations from the two previous cycles of monitoring

46. In the previous cycles of monitoring, the Advisory Committee encouraged the
authorities to remain vigilant with regard to possible cases of discrimination, and to monitor
carefully the situation in this respect.

Present situation
47. There have been no significant changes as regards anti-discrimination legislation since
the last Opinion. The Constitution of Armenia provides in Article 14.1, which was added
following the constitutional reform of 2005, that “Everyone shall be equal before the law. 2.

question and interviewers should refrain from suggesting answers to the respondents” and § 427. “In order to guarantee the
free self-declaration of ethnicity, respondents should be allowed to indicate “none” or “not declared” when asked for their
ethnicity. Countries should explain in the census instructions and the census documentations how the ethnicity of children
from mixed couples is determined.”
3
See http://www.unece.org/stats/publications/CES_2010_Census_Recommendations_English.pdf § 426: “Respondents
should be free to indicate more than one ethnic affiliation or a combination of ethnic affiliations if they wish so”.

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Discrimination on the ground of gender, race, colour, ethnic or social origin, genetic features,
language, religion, outlook, political and other views, membership to a national minority,
property status, birth, disability, age or other circumstances of a personal or social nature shall
be prohibited.”
48. The Criminal Code4 criminalises actions aimed at the “incitement of national, racial or
religious hatred, at racial superiority or humiliation of national dignity”. In addition, the Law
on Non-Governmental Organisations forbids the establishment of an organisation advocating
the overthrow of the constitutional order, incitement to national, racial or religious hatred, or
propaganda on violence and warfare. Such a prohibition also exists in the Law on Political
Parties. The Advisory Committee notes also that, according to the information provided by
the authorities, there are some anti-discrimination provisions in the legislation on criminal
procedure, social security and labour relations.
49. According to the information available to the Advisory Committee, there have been a
few isolated cases of discrimination against persons belonging to religious minorities,
including one case concerning a person belonging to a recognised national minority. Some of
the victims of discrimination sought redress in courts and obtained satisfaction.
50. The Advisory Committee considers that the current fragmented approach of the
Armenian authorities to anti-discrimination legislation does not guarantee adequate protection
against discrimination. It further considers that the authorities should review their approach
and should envisage adopting comprehensive legislation against discrimination drawing
inspiration from the relevant provisions of the General Policy Recommendations of the
European Commission against Racism and Intolerance.5
51. The Advisory Committee notes with satisfaction that the Office of the Human Rights
Defender continues to enjoy wide-spread public support and that it receives a substantial
number of complaints (3,783 in 2009), including from organisations representing persons
belonging to national minorities. The Advisory Committee notes that these complaints were
of a general nature and did not allege violations of specific rights of persons belonging to
national minorities.
52. The Human Rights Defender also has the authority to start investigations on his/her
own initiative, especially in alleged cases of mass violations of human rights and basic
freedoms. The Advisory Committee notes however, that the recommendations of the Human
Rights Defender are of an advisory, rather than a legally binding nature.
53. The Advisory Committee notes with regret that the authorities do not collect statistical
data on the number and nature of cases of discrimination in various fields.

Recommendations
54. The Advisory Committee calls on the authorities to envisage adopting, in consultation
with representatives of civil society and the Human Rights Defender, comprehensive
legislation on the prohibition of discrimination and provide effective remedies against
discrimination by public and private entities. Definitions of discrimination which include inter
alia direct and indirect forms of discrimination should be incorporated in this anti-
discrimination legislation.

4
See § 226 of the Criminal Code
5
See http://www.coe.int/t/dghl/monitoring/ecri

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55. The Advisory Committee also encourages the authorities to continue to take all
necessary measures to prevent and combat discrimination.
56. The Advisory Committee considers that the authorities should put in place
mechanisms to collect data on complaints regarding discrimination, including cases of
discrimination registered in courts, in order to facilitate the evaluation of the effectiveness of
the legislative and institutional mechanisms in place.
57. The Advisory Committee calls on the authorities to maintain their support for the
activities of the Office of the Human Rights Defender by continuing to provide it with
appropriate resources, including financial ones, to allow it to fulfil its duties effectively and
independently and to intensify the monitoring of alleged cases of discrimination.

Ethnic data collection

Recommendations from the two previous cycles of monitoring

58. In the previous cycles of monitoring, the Advisory Committee encouraged the
authorities to undertake collection of statistical data on national minorities in order to
facilitate the development of effective positive measures targeting persons belonging to
national minorities.

Present situation
59. The Advisory Committee notes that the State Report did not provide specific data,
more recent than the information obtained in the census of 2001, other than those concerning
migration flows of population disaggregated by ethnicity. The Advisory Committee regrets,
having received complaints from persons belonging to the Yezidi national minority
concerning their difficult socio-economic situation, that the authorities do not collect
information on the situation of persons belonging to the various national minority groups, in
the various relevant sectors, such as access to employment, health care services, housing, etc.
60. The Advisory Committee is of the opinion that the lack of reliable statistics,
disaggregated by age, gender and geographical distribution, especially in the field of
employment, leads to increased difficulties in elaborating targeted policies to remedy these
problems. It considers that collecting such statistical data in a way that conforms to
international standards on data protection is indispensable to design well-targeted and
sustainable measures, which meet the needs of persons belonging to national minorities. The
Advisory Committee wishes to emphasise the importance of such data for the preparation,
implementation and monitoring of public policies with regard to the protection of minorities
and especially disadvantaged groups. It is also important to organise awareness-raising
campaigns among national minorities on the necessity to collect such data for the elaboration
of adequate policies.

Recommendation
61. The authorities should adopt measures aimed at collecting reliable socio-economic
data disaggregated by age, gender and geographical distribution, in all relevant fields, in
particular in relation to employment, and to this end, develop adequate methods of ethnic data
collection while fully respecting the principle of self-identification and in accordance with
international standards on personal data protection.

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Article 5 of the Framework Convention

Conditions enabling minorities to maintain and develop their culture

Recommendations from the two previous cycles of monitoring

62. In the previous cycles of monitoring, the Advisory Committee invited the authorities,
notwithstanding the country's economic difficulties, to further support projects for the
preservation and development of minority cultures, in consultation with representatives of
national minorities, and to allocate support in accordance with the needs of the various
groups.

Present situation
63. The Advisory Committee notes with satisfaction that the authorities allocate annual
resources for promoting the traditions and the cultures of national minorities. The Advisory
Committee notes with interest in particular that, notwithstanding the current economic
difficulties, the funding allocated by the Ministry of Culture in the framework of the project
“Support to the Culture of National Minorities”, which was used to support art exhibitions
and music festivals, has increased progressively over the years. Funding is also allocated by
the Ministry of Culture and other State institutions to support libraries, film productions and
the publication of books in minority languages.
64. The Advisory Committee is pleased to note that church property seized under the
communist regime was returned to the Assyrian religious communities in Arzni and Verin
Dvin villages and to the Russian Orthodox community in Yerevan. The Advisory Committee
also welcomes the financial support provided by the Armenian authorities to the restoration of
the historical Jewish cemetery in Vayots Dzor and the construction in Yerevan of a monument
dedicated to the memory of Assyrian victims who perished in World War I.
65. The Advisory Committee notes, however, that various interlocutors have underlined
that public financial support for national minorities’ activities is still limited and insufficient
to meet the needs of these groups in order to preserve their cultural identity.

Recommendation
66. The Advisory Committee invites the authorities to pay increased attention to the needs
of all the national minorities, including numerically smaller ones, with a view to preserving
and developing the culture and language of persons belonging to national minorities.

Article 6 of the Framework Convention

Interethnic and intercultural relations

Recommendations from the two previous cycles of monitoring

67. In the previous cycles of monitoring, the Advisory Committee invited the authorities
to pay particular attention to allegations of discrimination against persons belonging to
national minorities and to investigate carefully possible cases. It also recommended careful
monitoring of possible cases of incitement to ethnic hatred in the media.

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Present situation
68. On a general level, the Advisory Committee is pleased to note that a general climate of
tolerance and understanding between national minorities and the majority prevails in Armenia
and that the representatives of national minorities did not report intolerance towards members
of their communities.
69. The Advisory Committee notes that, according to the authorities, no crime on the
grounds of national/ethnic origin or racial hatred has been recorded in the period 2002–2008.6
70. However, information brought to the attention of the Advisory Committee from
different sources indicates that the Yezidi minority continues to be victim of stereotyping and
intolerance.
71. The Advisory Committee has also received information about repeated acts of
vandalism committed in 2005, 2006 and 2007 against the Holocaust memorial in one of the
parks in central Yerevan. It commends the immediate and adequate reaction of the authorities.
72. The Advisory Committee is concerned that anti-Semitic statements, which were
voiced in some media outlets, including the printed press and the privately-owned ALM TV
channel, have not prompted an adequate reaction from the authorities, in spite of complaints
from representatives of the Jewish minority.
73. The Advisory Committee notes that the authorities have recognised the persisting
intolerance between some representatives of the Kurdish and Yezidi national minorities, and
have taken a number of steps, such as the publication of school textbooks in Yezidi and in
Kurdish, aimed at diminishing ethnic tensions between the two groups.

Recommendations
74. The authorities must take more resolute measures to combat all forms of intolerance
and promote understanding and mutual respect amongst the various ethnic and religious
groups in Armenia, including respect for religious diversity.
75. The authorities should intensify their efforts to adopt awareness-raising measures on
tolerance and anti-discrimination issues, aimed at law enforcement officials, the media, the
judiciary and the public.
76. The Advisory Committee encourages the authorities to ensure that more vigorous
action is taken to prevent, investigate and prosecute perpetrators of offences committed with a
racial, anti-Semitic or xenophobic motive and to provide for constant monitoring of this
phenomenon within society.
77. The Advisory Committee urges the authorities to adopt further legislative measures
and policies in order to combat racist manifestations in the media, in the spirit of the
Committee of Ministers’ Recommendation N° R(97)20 on “Hate Speech”.

6
See also § 59 of the fifth and sixth periodic reports submitted by Armenia to the Committee on the Elimination of Racial
Discrimination http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/437/44/PDF/G1043744.pdf?OpenElement

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Article 9 of the Framework Convention

Access of persons belonging to national minorities to the media

Recommendations from the two previous cycles of monitoring

78. In the previous cycles of monitoring, the Advisory Committee invited the authorities
to remove possible obstacles to further broadcasting in minority languages, in particular the
legal limitations of airtime for broadcasting in minority languages on public radio and
television, and it encouraged them to identify ways to increase participation of national
minorities in the media.

Present situation
79. The Advisory Committee is pleased to note that radio and television channels continue
to broadcast in the languages of national minorities. In particular, according to the information
contained in the State Report, the public radio transmits daily programmes in 13 languages of
national minorities and the public television news programme “Haylur” covers regularly
issues affecting national minorities.
80. The Advisory Committee notes that there are no legal obstacles to private television
and radio broadcasting and that there are twenty-two private television broadcasters, including
in languages of national minorities. The Advisory Committee also notes, that according to the
information provided by the authorities, representatives of the Assyrian national minority
have expressed an interest in establishing a private radio station, but , as yet, this project has
not been brought to fruition.
81. The Advisory Committee also notes with regret that, following amendments to the
Law on Television and Radio adopted in 2008, upper limits for broadcasting in minority
languages have been set at one hour daily for public radio stations and two hours weekly for
public television channels. Moreover, the amendments do not establish any minimum for such
programmes.

Recommendations
82. The Advisory Committee calls on the authorities to ensure that public radio and
television networks continue to produce and disseminate minority language programmes in
line with relevant provisions of the Framework Convention.
83. The Advisory Committee further calls on the authorities to review, in co-operation
with the representatives of national minorities, existing legislative provisions on public
broadcasters, in particular with the view to establishing a guaranteed minimum time-frame for
broadcasts in the languages of national minorities and removing the time limits set for public
radio and public television broadcasting in these languages.

Article 10 of the Framework Convention

Use of minority languages in relations with administrative authorities

Recommendations from the two previous cycles of monitoring

84. In the previous cycles of monitoring, the Advisory Committee encouraged the
Armenian authorities to continue to pursue an open and pragmatic approach with regard to the
use of minority languages in dealings with administration and to further promote full

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implementation of the rights established by the Law “on the foundations of administration and
administrative proceedings”.

Present situation
85. The Advisory Committee notes that the situation with regard to the use of minority
languages in dealings with the administrative authorities has not changed significantly in
Armenia since the adoption of the second Opinion. The Law “on the foundations of
administration and administrative proceedings”, adopted in 2004, established the right to use
minority languages in oral and written dealings with administrative authorities, provided that
a translation into Armenian was attached in the case of written applications. Moreover, an
amendment to the Civil Procedure Code, adopted in 2007, established the right for
participants in the proceedings to use languages other than Armenian, on the condition that
they provide at their own expense interpretation into Armenian. While welcoming these
developments, the Advisory Committee notes that, according to the information at its
disposal, use of languages other than the Armenian language in public life is neither actively
encouraged nor supported.

Recommendation
86. The Advisory Committee recommends that the authorities take adequate measures to
implement existing legislation which grants persons belonging to national minorities the right
to use their own language when dealing with the administrative authorities.

Article 11 of the Framework Convention

Use of minority languages for patronymics

Present situation
87. The Advisory Committee notes that the existing practice of transcription in birth and
marriage certificates and identity documents of patronymics used by persons belonging to the
Russian, Belorusian and Ukrainian minorities into the Armenian language does not take into
account the grammatical rules of these languages and does not allow the addition of the suffix
“- ovich”, “-ovna”, “-yievich”, “-yievna” or “-yich”, “-yivna” to patronymics. The
patronymics of these persons are written following the grammatical rules of the Armenian
language with a suffix “-i”.
88. The Advisory Committee considers that the way of spelling patronymics is an
essential part of cultural tradition. For this reason, the Advisory Committee considers that the
existing situation regarding the transcription of patronymics is not in line with Article 11
paragraph 1 and the overall principle of the inclusive interpretation of the Framework
Convention. The Advisory Committee therefore encourages the Armenian authorities to take
the necessary steps to bring the respective legislation fully in line with Article 11 of the
Framework Convention.

Recommendation
89. The Advisory Committee encourages the authorities to amend the legislative and
administrative provisions on translating/transcribing the patronymics of persons belonging to
national minorities into the Armenian language in order to ensure that their needs are
accommodated, in accordance with the provisions laid down in Article 11 of the Framework
Convention.

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Topographical indications

Recommendations from the two previous cycles of monitoring

90. In the previous cycles of monitoring, the Advisory Committee encouraged the
authorities to have inclusive consultations with national minorities in the process of
introducing clearer legal guarantees concerning the use of minority languages in
topographical indications and signposting.

Present situation
91. The Advisory Committee notes with regret that the regulation concerning the use of
minority languages in topographical indications has not changed in Armenia since the
previous monitoring cycle. According to information available to the Advisory Committee,
there have been no changes to the legislative provisions in this field and the authorities have
not carried out any studies in order to assess the existing needs and demand in the
geographical areas inhabited by a substantial number of persons belonging to national
minorities. The Advisory Committee finds this lack of regulation unsatisfactory, in particular
in light of the fact that, in practice, multilingual signs are displayed in many locations in
Armenia.
Recommendations
92. The authorities should, in consultation with representatives of national minorities,
assess whether there is sufficient need or demand concerning the use of minority languages in
topographical indications in the geographical areas inhabited by a substantial number of
persons belonging to national minorities.
93. The Advisory Committee urges the authorities to introduce the appropriate legal
safeguards to enable national minorities to display traditional local names, street names and
other topographical indications intended for the public in minority languages. Legislation and
practice must be in conformity with Article 11 paragraph 3 of the Framework Convention and
the conditions stipulated therein.

Article 12 of the Framework Convention

Equal access to education for persons belonging to national minorities

Recommendations from the two previous cycles of monitoring

94. In the previous cycles of monitoring, the Advisory Committee considered that the
authorities should ensure that persons belonging to national minorities could enjoy equal
access to education and that they could be aware of their culture, history, languages and
traditions as well as of those of the majority population. In particular, the Advisory
Committee encouraged the authorities to place special emphasis on the preparation and
dissemination of quality textbooks and urged the authorities to take steps to reintroduce pre-
school education in communities where children do not speak the language of instruction
(Armenian or Russian) at home.

Present situation
95. The Advisory Committee notes that in 39 Armenian schools there are classes in which
all subjects are taught in the Russian language. These schools, which serve primarily citizens
of the Russian Federation residing in Armenia, also admit children belonging to the Russian
and other national minorities. The Advisory Committee further notes that, in accordance with

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the agreement between Armenia and the Russian Federation, textbooks produced in Russia
are used in such schools.
96. The Advisory Committee notes with interest the efforts of the authorities to elaborate
curricula for teaching Russian, Assyrian, Yezidi and Kurdish as minority languages in all
grades of public schools. It also welcomes the publication of textbooks for teaching Russian,
Assyrian, Yezidi and Kurdish as minority languages. It notes however that the current efforts
do not fully meet the needs of children belonging to national minorities.
97. The Advisory Committee welcomes the introduction in the curriculum of a social
science course which teaches the basic principles on the “rights of national minorities” and
“tolerance”. These lessons aim to raise pupil awareness of the historical, social and cultural
aspects of national minorities and their contribution to Armenian society.
98. The Advisory Committee further welcomes the approach taken by the Republican
Admission Commission to give priority in admitting candidates belonging to national
minorities, who have passed the university entrance exams to the relevant higher educational
establishments.
99. The Advisory Committee is concerned by the low number of children belonging to the
Yezidi and Kurdish minorities attending pre-school education. This lack of attendance puts
these children at a distinct disadvantage when beginning primary school education due to their
insufficient command of the Armenian language. The Advisory Committee welcomes the
initiatives of the State authorities aimed at assisting local authorities to establish kindergartens
in the localities inhabited by persons belonging to these minorities.

Recommendations
100. The Advisory Committee is of the opinion that the authorities should pursue their
dialogue with national minority representatives in order to analyse the demand which exists
amongst national minorities to receive instruction in or of their minority languages and to take
appropriate follow-up measures.
101. The Advisory Committee calls on the authorities to review the existing needs to
ensure an adequate supply of school manuals and textbooks in minority languages.
102. The Advisory Committee calls on the authorities, as a matter of priority, to make more
sustained efforts to ensure access to kindergartens for all Yezidi and Kurdish children and
guarantee that the curriculum in such kindergartens corresponds to the diverse needs and
multi-lingual composition of these groups.

Article 14 of the Framework Convention

Teaching in and of minority languages

Recommendations from the two previous cycles of monitoring

103. In the previous cycles of monitoring, the Advisory Committee urged the authorities to
take duly into account the preferences of the persons concerned with regard to the language of
education and to make efforts to respond to the specific needs of persons belonging to
national minorities who choose Russian as their language of education. It also encouraged the
authorities to provide more support to the teaching of minority languages other than Assyrian,
Yezidi, Kurdish and Russian and to support further relevant initiatives by national minorities
in this respect.

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Present situation
104. The Advisory Committee notes that the education system in Armenia has undergone
significant changes over the last six years. The Advisory Committee further notes with
interest the adoption of the “State Program for Education Development for 2009-2013” which
addresses key issues such as curriculum development, performance assessment and teacher
training. The State policy on teaching in and of languages of national minorities has been
elaborated in the framework of the State Programme of Language Policy which declares that
the aims are to “preserve and develop minority languages for the democracy of Armenia and
for creating democratic and civic society."
105. According to the information provided in the State Report, the existing constitutional
provision which in Article 41 reads “Everyone shall have the right to preserve his or her
ethnic identity. Persons belonging to national minorities shall have the right to preserve and
develop their traditions, religion, language and culture” has been further developed by the
adoption in 2009 of the Law on Education. In particular Article 4 of this Law provides a
possibility to organise education in and of minority languages within public schools.
106. The Advisory Committee notes with satisfaction that the teaching of minority
languages is incorporated into the public education system and takes note that the Russian,
Yezidi, Kurdish, Greek and Assyrian languages are taught in schools located in regions where
persons belonging to these minorities live in substantial numbers. The authorities have also
informed the Advisory Committee about possibilities existing in Yerevan to learn the
Belarusian, Georgian, German, Polish and Ukrainian languages.

Recommendation
107. The Advisory Committee calls on the authorities to continue their dialogue with the
representatives of national minorities in order to analyse the existing demands of minorities,
including the numerically smaller ones, to receive instruction in or of their minority language.

Article 15 of the Framework Convention

Representation of minorities in elected bodies

Recommendations from the two previous cycles of monitoring

108. During the previous cycles of monitoring, the Advisory Committee encouraged the
authorities to design measures to improve the representation of national minorities in elected
bodies, especially at national level. It also invited the authorities to consider alternative ways
to establish a democratic system of appointment of representatives of national minorities in
local elected bodies.

Present situation
109. The Advisory Committee notes that the local elections of 2008 confirmed the strong
interest of national minorities to participate in public affairs. National minorities candidates
participated and were elected local councillors and community chiefs. In some villages
councillors representing the Assyrian, Kurdish or Yezidi minorities constitute the majority
among all elected councillors to these councils.

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110. The Advisory Committee has learned however about the plans for the reform of local
self-government in Armenia which may result in a weakening of the possibilities for persons
belonging to the Assyrian and Yezidi minorities to influence local affairs (see related
comment under Article 16). Such a development could be prejudicial to the effective
participation of persons belonging to national minorities in public affairs at local level.7
111. The Advisory Committee regrets that, since the adoption of its second Opinion, no
notable progress has been made with regard to minorities’ representation in the Parliament.

Recommendations
112. The authorities are encouraged to examine, in consultation with the representatives of
national minorities, legislative and practical measures which would create the necessary
conditions for the political representation of minorities in Parliament.
113. The authorities should take all necessary measures to ensure that the possibilities
necessary for the effective participation of persons belonging to national minorities in public
affairs at local level are not diminished.

Consultative mechanisms

Recommendations from the two previous cycles of monitoring

114. In previous cycles of monitoring, the Advisory Committee encouraged the authorities
to continue to support the work of the Co-ordinating Council and to ensure that its views
were, where appropriate, duly taken into account by the relevant authorities.

Present situation
115. The Advisory Committee notes that the Department for Ethnic Minorities and
Religious Affairs, established in 2004 and the Coordinating Council continue to play an active
role in raising the awareness on issues affecting national minorities seeking to resolve
outstanding issues through a regular dialogue. The Advisory Committee also notes that
representatives of national minorities participate in the work of the Public Council, which is a
consultative body set up by a decree of the President of Armenia.
116. The Advisory Committee further notes that organisations representing the eleven
national minorities forming the Coordinating Council receive financial grants of 818,000
AMD (~1,770 €) each, irrespective of the estimated number of its members, to cover their
running costs related to participation in the Coordinating Council. Representatives of national
minorities met by the Advisory Committee expressed their dissatisfaction with the level of
funding, which does not even cover the most basic needs of the organisations.

Recommendation
117. The authorities should ensure that funding provided for organisations of national
minorities effectively meets their real needs and enables them to take part effectively in the
work of the Coordinating Council and in public affairs.

7
See Advisory Committee on the Framework Convention for the Protection of National Minorities: second Thematic
Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life
and in public affairs (2008) §§88-90.

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Article 16 of the Framework Convention

Territorial reform

Present situation
118. The Advisory Committee notes the recent discussions on the plans for the reform of
local self-government in Armenia with a view to economising and mainstreaming
administration by the creation of a smaller number of larger municipalities (see remarks under
Article 15). While welcoming the efforts to provide better municipal services to all
inhabitants of Armenia, the Advisory Committee notes nonetheless that a number of isolated
villages inhabited by large numbers of persons belonging to the Assyrian and Yezidi
minorities, which currently are self-governing, may find themselves merged with the
surrounding villages inhabited by persons belonging to the Armenian majority. Such a
development would, in the opinion of the Advisory Committee, inevitably lead to the
weakening of the possibilities for persons belonging to the Assyrian and Yezidi minorities to
influence local affairs.

Recommendation
119. The Advisory Committee urges the authorities to ensure that the rights of persons
belonging to the Assyrian and Yezidi minorities are duly taken into account when planning
and implementing the local government reform and that there is no negative impact on the
right of persons belonging to national minorities to participate effectively in public affairs at
local level.

Article 18 of the Framework Convention

Transfrontier co-operation

Recommendations from the two previous cycles of monitoring

120. In the previous cycles of monitoring, the Advisory Committee regretted that
developing cross-border co-operation was not possible with all of Armenia’s neighbouring
countries and hoped that a fair and lasting solution to the conflict related to Nagorno-
Karabakh would open possibilities for transfrontier co-operation and that it would allow the
safe voluntary return to their native lands of persons displaced by the conflict.
Present situation
121. The Advisory Committee regrets that the conflict related to Nagorno-Karabakh
continues to hamper the overall transfrontier co-operation in the region and regrets that no
political solution to the conflict has so far been found.

Recommendation
122. The Advisory Committee hopes that a fair and lasting solution to the conflict will be
found soon and that it will allow the safe voluntary return to their native lands of persons
displaced by the conflict.

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III. CONCLUSIONS

123. The Advisory Committee considers that the present concluding remarks could serve as
the basis for the conclusions and recommendations to be adopted by the Committee of
Ministers with respect to Armenia.

Positive developments following two cycles of monitoring

124. Armenia has pursued a constructive approach towards the monitoring process and has
taken concrete steps to disseminate the results of the first two cycles of monitoring. The
authorities have also maintained an inclusive approach in communication with representatives
of the national minorities.
125. A general climate of tolerance and understanding between national minorities and the
majority population prevails in Armenia and the authorities continue to show an inclusive
approach concerning the scope of application of the Framework Convention. Representatives
of national minorities did not report intolerance towards members of their communities.
126. In spite of economic difficulties affecting Armenia, the authorities continue to allocate
resources for promoting the traditions and the cultures of national minorities.
127. Church property seized under the communist regime has been returned to the Assyrian
and Russian Orthodox communities.
128. The Armenian public radio and television services broadcast programmes addressed to
national minorities, including in the languages of national minorities. In general, the
representatives of national minorities indicated that the coverage of issues concerning them is
fair and balanced.
129. Languages of national minorities are taught in schools and efforts have been made to
publish textbooks for teaching minority languages. Priority in admitting candidates belonging
to national minorities, who have passed the university entrance exams, has significantly
improved the access of such candidates to the relevant higher educational establishments.

Issues of concern following two cycles of monitoring

130. The planned census of 2011 raises serious concerns as regards the right of persons
belonging to national minorities to choose to be treated or not to be treated as such. In
particular, the formulation and the mandatory nature of the questions on nationality/ethnicity
and language raise problems as regards the right of self-identification and are contrary to the
Recommendations for 2010 Censuses of Population and Housing by the United Nations
Economic Commission for Europe (UN ECE) and the Statistical Office of the European
Communities (Eurostat).
131. The plans for the reform of local self-government in Armenia may have a negative
impact on the right of persons belonging to national minorities to participate effectively in
public affairs at local level.
132. No comprehensive anti-discrimination legislation has yet been adopted and there
remains a lack of reliable statistics in this field.
133. Anti-Semitic statements, which were voiced in some media outlets, have not prompted
an adequate reaction from the authorities and the public.

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134. The amendments to the law on television and radio adopted in 2008 set upper limits of
one hour daily for public radio and two hours weekly for public television broadcasting in
minority languages, thus limiting the access of minorities to the public media.
135. The existing practice of translating/transcribing into the Armenian language
patronymics in birth and marriage certificates and identity documents of persons belonging to
the Russian, Belarusian and Ukrainian national minorities does not take into account the
grammatical rules of these languages and is therefore not in line with Article 11 paragraph 1
and the overall principle of inclusive interpretation of the Framework Convention.

Recommendations
136. In addition to the measures to be taken to implement the detailed recommendations
contained in Sections I and II of the Advisory Committee's Opinion, the authorities are invited
to take the following measures to improve further the implementation of the Framework
Convention:
Issues for immediate action8
 Review, in the context of the preparation of the population census of 2011,
the proposed wording of the questions relating to a person’s identification
with a national minority and to his or her minority language and the
selected methodology of the questionnaire ;
 Take resolute measures to ensure that the rights of persons belonging to
national minorities are duly taken into account when planning and
implementing the local government reform and to guarantee that this
reform does not have a negative impact on the right of persons belonging
to national minorities to participate effectively in public affairs at local
level.

Further recommendations9
 Take measures to adopt comprehensive legislation and provide effective
remedies against discrimination;
 Continue to support cultural activities of the national minorities’
organisations;
 Take vigorous action to prevent, investigate and prosecute perpetrators of
offences committed with a racial, anti-Semitic or xenophobic motive and
to provide for constant monitoring of this phenomenon within society;
 Review the existing legislative provisions on public radio and television
broadcasters, in particular with a view to establishing a guaranteed
minimum time-frame for broadcasts in the languages of national
minorities and to removing the time limits imposed on public radio and
public television broadcasting in these languages;

8
The recommendations below are listed in the order of the corresponding articles of the Framework Convention.
9
The recommendations below are listed in the order of the corresponding articles of the Framework Convention.

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 Amend the legislative and administrative provisions on

translating/transcribing the patronymics of persons belonging to national
minorities into the Armenian language in order to ensure that their needs
are accommodated, in accordance with the provisions laid down in
Article 11 of the Framework Convention.

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