IMPORTANT STEP

The dramatic transformation of the global geopolitical landscape following the advent of the new US President Donald Trump has accelerated the decision-making process among politicians who now find themselves in a position akin to those unable to catch the train.

Pashinyan Elects to Amend the Constitution

Although the issue has consistently occupied a prominent place on the Armenian-Azerbaijani peace settlement agenda, Prime Minister Nikol Pashinyan’s declaration emphasizing the urgent need to adopt a new Armenian Constitution and hold a corresponding national referendum delivered a bombshell impact.

Pashinyan’s unsuccessful visit to the United States—which was met with a cool reception—followed by consultations with his northern and southern patrons, underscored the futility of persisting with delay tactics designed to defer the fulfilment of Azerbaijan’s demands in the negotiation process, and highlighted the pressing need to expedite the acquisition of subjectivity by establishing enduring peace and stability in the South Caucasus.

In this regard, the following excerpt from Pashinyan’s address to the nation is particularly noteworthy:

"Adopting a new constitution is essential because all referendums held to endorse the current constitution are widely perceived as lacking legitimacy. The primary objective behind enacting a new constitution is to transition from the vestigial operation of a stateless nation to a society that is fully integrated within a structured state framework."

It is also significant that on the same day Pashinyan established an interdepartmental commission tasked with formulating a new national security strategy, headed by the Secretary of the Armenian Security Council. It has become evident that the current national security strategy—adopted in August 2020, shortly before the 44-day Garabagh war—fails to reflect the actual state of affairs and serves as a constraint on Armenia’s development.

Constitutional Amendments and the Peace Process

Appealing to the populace regarding the necessity of adopting a new Armenian Constitution could mark a historic step toward reaching a peace agreement with Azerbaijan. Enacting a new Armenian Constitution that omits territorial claims to Azerbaijan will serve as a crucial element in attaining subjectivity.

The new Constitution should also exclude any territorial claims to Türkiye that are present today, for Article 10 of Armenia’s Declaration of Independence states that "The Republic of Armenia supports the international recognition of the Armenian genocide of 1915 in Ottoman Turkey and Western Armenia." The reference to the so-called "Western Armenia" in this text signifies territorial claims to Türkiye embedded within the fundamental legislative act of that era.

While pursuing independence, Armenia—shaped by mythical notions of a "Great Armenia" and the fascist ideology of Nzhdeism—enacted a series of legally questionable normative acts that formed the foundation of the first Armenian state in the South Caucasus. The gradual adoption of these illegitimate measures during its "independence" process ultimately led to the emergence of today’s non-subjective state, which functions as a puppet under the control of global powers, contributes to regional instability, and poses persistent challenges for its neighbouring countries.

The joint resolution issued by the Supreme Soviet of the Armenian SSR and the so-called National Council of Nagorno-Garabagh "On the Reunification of the Armenian SSR and Nagorno-Garabagh," adopted on December 1, 1989, simultaneously violated three constitutions within the still existing Soviet Union—the Constitution of the USSR, the Constitution of the Azerbaijan SSR, and the Constitution of the Armenian SSR. Consequently, from the moment of its adoption, this decree was both illegitimate and legally invalid. On August 23, 1990, the Supreme Soviet of the Armenian SSR, drawing upon "the democratic traditions of the independent Republic of Armenia formed on May 28, 1918," adopted the Declaration of Independence of Armenia. This document was signed by the then Chairman of the Supreme Soviet of the Armenian SSR (who would later become the first President of Armenia), Levon Ter-Petrosyan, one of the proponents of Armenian Nazism, aggression, and the associated crimes committed in the late 1980s and during his administration.

Since it was founded on an illegitimate document, the declaration was inherently legally invalid and ought not to have been recognised by the international community.

Article 11 of the Declaration of Independence stated, "This Declaration forms the basis for the development of the Constitution of the Republic of Armenia, amendments and additions to the existing Constitution, activities of state bodies, and the development of new legislation of the Republic." Consequently, the illegitimate and legally invalid declaration became the foundation for the 1995 Armenian Constitution, the preamble of which acknowledges this fact. This implies that the Armenian Constitution incorporates territorial claims to Azerbaijan, meaning that any peace agreement signed by Pashinyan would be doubly illegitimate—both because of the flawed declaration and due to the resulting conflict with the Constitution.

Armenia’s Attainment of Subjectivity

Incidentally, the Constitution itself is also illegitimate for the aforementioned reason. Consequently, late last year, while speaking in parliament, Pashinyan described his country’s Declaration of Independence as "a significant problem and a grave tragedy." He further stated, "In recent years, after re-examining the Declaration of Independence on numerous occasions, I have reached the disturbing conclusion that its very essence implies that the Republic of Armenia cannot exist. This represents our most critical problem and a profound tragedy."

Adopting the new Constitution and renouncing the territorial claims to Azerbaijan and Türkiye that are enshrined within it will enable Armenia to establish a legitimate foundation for building an independent state. This is a prerequisite for finalising a long-term, bona fide peace agreement with Azerbaijan.

Peace with Azerbaijan following the constitutional change, the reopening of transport communications with both Azerbaijan and Türkiye—particularly via the Zangezur corridor—and the establishment of diplomatic relations constitute the roadmap for Armenia to achieve genuine independence and subjectivity in international relations. This will allow the nation to break free from being a puppet manipulated by geopolitical actors intent on meddling in the affairs of the South Caucasus, and to emerge as a fully-fledged participant in all transnational projects associated with the region.

Conclusion

Nikol Pashinyan’s address to the nation once again inspires hope for peace. It also offers a modest, albeit sceptical, prospect to observers that perhaps, on this occasion, he will honour his commitment. A prominent blogger remarked, "There are two politicians in the world whose statements are inconsistent: Macron and Pashinyan. They might say one thing today, something different tomorrow, and yet another the following day, leaving one uncertain as to whether they themselves truly know what they want."

Should Pashinyan follow through on his declaration, it could extricate Armenia from the multifaceted impasse—encompassing geopolitical, legal, and transport challenges, among others—in which it currently finds itself.