A/HRC/41/41/Add.4
5.
The value of social movements
81.
The Special Rapporteur wishes to refer to a number of emerging social movements
that are, by law, free to operate without registration as long as they do not enter into
financial transactions.
82.
The most recent iconic example is the “#My Step #Reject Serzh” movement
referring to the Velvet Revolution. However, other instances where social movements have
been symbolically significant include: “Save Trchkan Waterfall” (2011) that helped to save
the waterfall from plans to construct a hydropower plant; “Occupy Mashtots Park” (2012)
that halted the demolition of a public park; the “100 dram civic initiative” (2013) that
prevented an increase in transport fees; the “I am against” protest (2014) that stopped
government plans for privatizing pensions; and the “No to plunder civic initiative” (2015)
that opposed electricity price rises.
83.
The Special Rapporteur agrees that Armenian civil society has developed a “literacy
of protest”, as mentioned during the meeting with the Minister of Foreign Affairs, and that
State institutions have over time improved their capacity to absorb shocks and control
crowds while respecting human rights.
84.
The Special Rapporteur believes that social movements have done remarkable work
in bringing together a broad base of support, composed of students, youth, civil society
members, lesbian, gay, bisexual, and transgender groups, feminist movements,
environmental activists, diaspora movements, academia, private sector actors, the media,
politicians, musicians and celebrities.
85.
The Special Rapporteur considers that the manner in which these groupings were
brought together and made connections between themselves were instrumental for
maintaining the peaceful nature of the revolution and ensuring a positive outcome. The
impact of their peaceful action in creating awareness, giving a voice to the voiceless and
achieving their aims is essential to delivering meaningful change and accountability.
86.
The Special Rapporteur observes that social movements are also highly reliant on
freedom of expression and opinion and access to the Internet, particularly to social media,
and other information and communication technologies that facilitate platforms for public
debate. He also observes that they play a legitimate and, on many occasions, decisive role
in shaping governance and the rule of law and transforming societies for more inclusive
economic and social development.
IV. The exercise of the right to freedom of association
A.
Legal framework
87.
The right to freedom of association is a constitutional right primarily governed by
the Civil Code, which provides general regulations on the formation and operation of nonprofit organizations, including public associations and foundations. It is also regulated by
special laws, such as the law on NGOs of 2016, the law on foundations of 2002 and the law
on trade unions of 2000.
88.
As of 1 April 2018, a total of 3,814 public associations, 1,045 foundations, 640 trade
unions and 248 legal entity unions were registered in Armenia. 8 In general terms, the
existing legal framework and recent reforms to special legal instruments provide a positive
regulatory environment for NGOs and other forms of non-profit associations.
89.
In particular, positive changes were registered in the amended law on NGOs, such as
greater flexibility allowed in the type of governance structure and management, simplified
registration processes, the possibility of carrying out entrepreneurial activities, with the aim
of facilitating financial sustainability, and provisions on volunteering.
8
See report on legal entities registered with the State Register of the Ministry of Justice in 2018,
available at http://moj.am/storage/files/legal_acts/legal_acts_2888356038691_stat_2018-03.pdf.
11
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