The rights of national minorities: Armenia’s commitments under international conventions and provisions in domestic legislation

Abstract

The main aim of this paper is to analyze the provisions of national legislation concerning the rights of people belonging to national minorities and reveal their compatibility with the basic international human rights standards enshrined in international legal documents. Bearing in mind that examination of legislation is not a sufficient for the comprehensive overview of the stance of national minorities in the Republic of Armenia, this paper will also reveal the actual implementation of the laws through the analysis of state policy and practice in this area. And finally, on the bases of the assessment recommendations will be provided aimed at the better protection and promotion of the rights of national minorities. In order to achieve its aim, this paper will review the international standards stipulated in main document of the international organizations to which Armenia is a part, and particularly, the hard and soft law instruments of the United Nations Organization, conventions and other documents of the Council of Europe, and the basic documents adopted by the Organization for Security and Cooperation in Europe. After the review of the international standards and commitments undertaken by the Republic of Armenia under these documents, the provision of the domestic legislation regulating the rights of persons belonging to national minorities will be revealed. Particular attention will be devoted to the compatibility of these provisions with international standards. And finally, the implementation of these laws will be examined in different spheres pertaining to the national minorities, such as prohibition of discrimination and the conduct of law enforcement officials, rights to education, rights to freedom of conscience, religion and belief, right to preservation of culture and identify, right to citizenship, right to participation in public life, and the stance of Yezidi community in Armenia the biggest national minority living in Armenia. And finally, on the bases of examination of laws and policies, recommendations will be provided aimed to ensure the better protection and promotion of the rights of national minorities, paying special attention to the draft law on the rights of national minorities.