Language Research

Constitution of the Republic of Armenia, adopted on July 5, 1995

The Law of the Republic of Armenia on Language, adopted on April 17, 1993

Updated (November 2003)

BROADCASTING LEGISLATION

Current legislation guarantees independence of the mass media from political and economic authorities. The State is responsible only for regulating the media, in particular in the sphere of television/radio broadcasting. A National Committee established pursuant to the law is responsible for licensing private companies, providing airing frequencies, etc. The Council of the Public Television/Radio Company regulates the activities of the public media.

A governmental standpoint is that members of the national minorities are lawful citizens of the Republic of Armenia and the country guarantees economic, social, political and cultural rights to them.

By April 2003, no special government body or structure that deals with national minorities issues has existed in Armenia. At present these issues are coordinated by the President's Adviser on NGOs and national minority affairs.

The State provides that national minorities shall not be discriminated in their access to the mass media and they should have an opportunity to establish their own mass media.

THE 2000 LAW ON TELEVISION AND RADIO

Article 5

In the territory of the Republic of Armenia the broadcasting shall be in the Armenian language. Those television/radio programs, feature films, documentary films and cartoons that are in a foreign language, as well as those fragments of Armenian programs that include foreign speech, shall be broadcast with simultaneous Armenian translation; either oral or written. This requirement does not apply to broadcasting in the languages of recognized national minorities.

National minorities have the same rights as other Armenian citizens as regards establishing the mass media in their native languages and applying for broadcasting licenses.

Article 17

Founders of television/radio companies can also be persons and legal entities representing national minorities (the Article forbids religious organizations or political parties to become founders).

Article 28

This Article directly obliges the public television/radio company to broadcast regular and other programs that address interests of Armenian regions and national minorities in the Republic of Armenia.

Although this Article is positive, it does not ensure full access to the mass media for national minorities. The Article states that

The public television/radio company can provide airtime for broadcasts in the languages of national minorities, but it also places limitations on such airtime and it does not require the media to provide programming for national minorities. It stipulates that the total airtime for broadcasts in the languages of national minorities should not exceed one hour per a week on public television and one hour per a day on public radio.

Programs of foreign television/radio companies may be broadcast in Armenia, if there is a corresponding international treaty that provides for it. The number of television/radio frequencies allocated to foreign television/radio companies for broadcasting in Armenia shall not exceed one-third of available television/radio frequencies in each band (very high frequency, ultra-high frequency, high frequency, super-high frequency, etc). Foreign television/radio programs may be also aired by the licensed local television/radio companies in accordance with the law. In such cases, the foreign programs should be accompanied by an Armenian-language translation.

Concerning the translation requirements, the Law states that in 2002, programs in foreign languages may be broadcast for nine hours a day; in 2003, six hours a day, and in 2004 for three hours a day.

Source: Minority-language Related Broadcasting and Legislation in the OSCE, Program in Comparative Media Law and Policy (PCMLP), Center for Socio-Legal Studies, Wolfson College, Oxford University & Institute for Information Law (IViR) (http://www.ivir.nl/index-english.html), Universiteit van Amsterdam (Study commissioned by the OSCE High Commissioner on National Minorities), April 2003, edited by T. McGonagle (IViR), B. Davis Noll & M. Price (PCMLP), http://www.ivir.nl/publications/mcgonagle/Minority-language%20broadcasting.pdf

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Updated (September 2004)

BITS OF LEGISLATION COVERING THE USE OF LANGUAGES IN ARMENIA

In Armenia a number of laws directly specifies and guarantees the preservation of national minority languages and cultures.

• The Constitution, the Law on Language and the State Program of Language Policy define the main provisions of the Armenian language policy. According to the Constitution and the laws, the Republic of Armenia guarantees free usage of minority languages on its territory, including in the field of education.
• In the State Program of Language Policy it is mentioned that respect to multiculturalism and multilingualism and the promotion of national minority languages and culture guarantees Armenia a good reputation in the international arena. The supremacy of Armenian as the state language does not contradict with the preservation of minority languages and principles of mutual respect of all cultures. One of the program goals is to guarantee to all Armenian citizens the right to get education in their native language.
  
  

  According to this Program, the rights of Armenia citizens in the field of language have double nature — national and public. On the national level it is the right to speak a native language and to get education in this language and on the public level it is the right and duty of all Armenian citizens to know the state language.

• According to Article 7, par. 2 of the Civil Procedure Code, a person involved in a civil case, who does not speak Armenian, has the right to acquaint with the case materials, to participate in the procedure and to speak in court with the assistance of an interpreter.
• According to Article 15 of the Criminal Code, a criminal procedure is held in Armenian. During the criminal procedure every person (except for the body processing the criminal case) has the right to use his/her language, which he/she possesses. Upon the decision of the body processing the criminal case, a person involved in the case, who does not know the procedure language, is entitled to have a free interpreter and certified translations of all documents. Documents in other languages are attached to the case together with their Armenian translations.
• Legislation does not prohibit executive bodies to address the members of national minorities in their native languages (also in writing). In such cases, when giving a written response to an application, the state language is used, what is not an obstacle to form a response also in the relevant language upon the applicant's request.
• The state officials are not prohibited to use minority languages, if they speak them.
• However, if one has applied to an executive body not in Armenian, the relevant authority must respond to this application duly, with the exception of cases, when special requirements to meet the application are specified by the law.
• According to Article 8 of the Law on the Principles of Cultural Legislation, which came into force on December 26, 2002, the Republic of Armenia supports the preservation and development of the cultural identity of national minorities on its territory. Through implementation of state programs it contributes to the creation of conditions for preservation, dissemination and development of their religion, customs, language and culture.
• Article 6 of the law considers the languages, national customs and traditions, geographical names, and cultural values as well.

• Citizens, who speak the languages of national minorities, have the right to found cultural organizations. There are more than forty active NGOs, which deal with the problems of minority-language speakers and their goal is to preserve, disseminate and develop national cultural values.
• The Law on Advertisement has been in force since April 30, 1996. In the Republic of Armenia Armenian is the language of advertising. If necessary, also the other languages can be used; however, in comparatively smaller letters. This provision does not concern newspapers, special announcements, labels and brands. An Armenian advertisement text must not be smaller than a foreign language version.
• As for the issue of education, the Armenian Law on Education is based on the Law on Language. Armenia guarantees the right to education irrespective of nationality, race, language, religion, political or other beliefs, social origin, property state or other circumstances.

Source: the Council of Europe, Periodical reports, the Initial Periodical Report by Armenia presented to the Secretary General of the Council of Europe in accordance with Article 15 of the European Charter for Regional or Minority Languages, September 3, 2003, http://www.coe.int/T/E/Legal_Affairs/Local_and_regional_Democracy/Regional_or_Minority_languages/Documentation/1_Periodical_reports/2003_7e_MIN-LANG_PR_Armenia.asp

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