Below is a draft constitutional law that solves four problems at once: 1) introduces temporary citizenship and special citizenship; 2) establishes the right of guaranteed entry into Armenia; 3) extends Armenia's constitutional protection beyond its borders; 4) establishes a constitutional guarantee against extradition to foreign countries.
The constitutional package is the basis for the launch of temporary citizenship and citizenship.
Download constitutional packagePROJECT LAW OF THE REPUBLIC OF ARMENIA “On introducing amendments and additions to the Constitution of the Republic of Armenia” Article 1. In Part 8 of Article 47 of the Constitution the words “Citizens of the Republic of Armenia, being outside the Republic of Armenia, are under the protection of the Republic of Armenia on the basis of international law” replace with words “Citizens of the Republic of Armenia, persons with temporary citizenship of the Republic of Armenia, and persons with special citizenship of the Republic of Armenia, while outside the Republic of Armenia, are under the protection of the Republic of Armenia on the basis of international law and in the manner prescribed by law.” Article 2. Add Article 47.1 to the Constitution with the following content: “Article 47.1. Temporary citizenship and special citizenship of the Republic of Armenia 1. In the Republic of Armenia, temporary citizenship of the Republic of Armenia and special citizenship of the Republic of Armenia may be established by law. 2. Temporary citizenship of the Republic of Armenia is a form of civil connection of a person with the Republic of Armenia established by law, granted for a certain period. A person who has temporary citizenship of the Republic of Armenia enjoys the rights and bears the responsibilities of a citizen of the Republic of Armenia, unless otherwise expressly provided by this Constitution or law. 3. Special citizenship of the Republic of Armenia is not citizenship, but creates a protected public legal connection of a person with the Republic of Armenia and provides the scope of rights, guarantees and obligations established by the Constitution and law. 4. The grounds, procedure for acquiring, confirming, terminating and losing temporary citizenship of the Republic of Armenia and special citizenship of the Republic of Armenia, as well as the types of identification documents are determined by law. 5. The Republic of Armenia ensures the protection of persons possessing temporary citizenship of the Republic of Armenia or special citizenship of the Republic of Armenia, within the limits of international law and in the manner established by law.” Article 3. Parts 1–3 of Article 48 of the Constitution shall be stated as follows: "1. Citizens of the Republic of Armenia who have reached eighteen years of age by the day of elections to the National Assembly or by the day of a referendum have the right to vote and participate in a referendum. Persons holding temporary citizenship of the Republic of Armenia do not have the right to vote, be elected or participate in a referendum. 2. A person who has reached twenty-five years of age, has only had citizenship of the Republic of Armenia for the previous four years, has permanently resided in the Republic for the previous four years, has the right to vote and speaks the Armenian language can be elected as a deputy of the National Assembly. 3. Citizens of the Republic of Armenia who have reached eighteen years of age by the day of elections or a local referendum have the right to vote and be elected in elections to local self-government bodies, as well as to participate in a local referendum. The law may provide for the right of persons who do not have citizenship of the Republic of Armenia to participate in elections of local self-government bodies and in local referendums. Persons who have temporary citizenship of the Republic of Armenia do not have the rights provided for in this part.” Article 4. Part 3 of Article 40 of the Constitution shall be stated as follows: "3. A citizen of the Republic of Armenia, a person who has temporary citizenship of the Republic of Armenia, a person who has a special citizenship of the Republic of Armenia, as well as a person who has the right to legally reside in the Republic of Armenia, have the right to enter the Republic of Armenia.” Article 5. Part 4 of Article 40 of the Constitution shall be stated as follows: "4. The right of a citizen of the Republic of Armenia, a person with temporary citizenship of the Republic of Armenia, and a person with a special citizenship of the Republic of Armenia to enter the Republic of Armenia is not subject to restrictions.” Article 6. Part 2 of Article 55 of the Constitution shall be stated as follows: "2. A citizen of the Republic of Armenia, a person with temporary citizenship of the Republic of Armenia, and a person with special citizenship of the Republic of Armenia cannot be extradited to a foreign state.” Article 7. This Law comes into force on the day of the official publication of the results of the referendum by which it was adopted, unless otherwise established by the transitional provisions. Article 8. To the Government of the Republic of Armenia, within six months after the entry into force of this Law: 1) submit to the National Assembly draft laws arising from this Law; 2) create a state register of temporary citizenship and special citizenship; 3) approve the forms of a temporary citizen’s passport and a document of special citizenship; 4) bring by-laws into compliance with this Law.
| Amendment | Why is it needed? | Practical effect |
|---|---|---|
| Article 47(8) | Currently, the protection of Armenia abroad is directly guaranteed only to citizens | Temporary citizens and persons with nationality receive a constitutional basis for consular and legal protection |
| New Article 47.1 | In the current Constitution there is no category of temporary citizenship and no category of citizenship | A direct constitutional basis for two new legal institutions appears |
| Article 48 | Now the right to vote and participation in a referendum is strictly tied to citizenship | A legal mechanism for temporary citizenship without political electoral participation is being created |
| Article 40 | Unconditional return entry to Armenia must be guaranteed | Armenia is constitutionally obligated to admit not only citizens, but also protected new categories |
| Article 55 | The current Constitution leaves a reservation on international treaties from the ban on extradition of citizens | The guarantee of protection is enhanced and extended to both new categories |
Listing a specific country in the Constitution would create unnecessary vulnerability and political selectivity. It is much more sustainable and legally cleaner to establish a general ban on extradition to any foreign state. This design also works better against attempts to bypass through third countries.
The Enhanced Protection Guarantee Amendment means that once adopted, Armenia must align its treaty and customary extradition practices. This does not mean a rejection of international cooperation in the criminal sphere: mutual legal assistance, exchange of evidence, the possibility of prosecution on the territory of Armenia and other forms of cooperation that do not violate the constitutional prohibition of extradition remain.
Since the amendments affect the provisions of Chapters 2–3 of the Constitution, their adoption requires compliance with a special procedure for constitutional review and submission of the draft to a referendum. This finding should be factored into the campaign calendar, government communications, and campaign roadmap.
The draft new Article 47.1 explicitly states that temporary citizenship can be established by law. This removes the main reproach that ordinary law supposedly creates a “new citizenship” without constitutional support.
At the same time, Article 48 specifically removes temporary citizens from the block of voting rights. This technique is needed because the current Article 48 links voting with citizenship as such.
The text of the Constitution should speak not about any one country, but about any foreign country. This is legally cleaner, constitutionally stronger and automatically covers any requests without discrimination by addressee.
In the explanatory materials, it is enough to emphasize that this formula applies to any requests from foreign states.
In contrast to this, special citizenship does not directly constitute citizenship. Therefore, the question of automatic participation in elections does not arise for her. However, precisely for this reason, it remains limited: without additional amendments to Articles 46 and 49 of the Constitution, this category will not be able to receive the constitutionally guaranteed right to participate in political parties and the right to public service on the same grounds as citizens.
The constitutional package is instrument of state sustainability and gives Armenia the opportunity: