Home > 1.2 Equal suffrage > ARMENIA - Joint Urgent Opinion on Amendemnts to the Electoral Code and Related Legislation
 
 
 
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Paragraph 108
 

The amendments to the Labour Code introduce an unpaid “election leave” for the purpose of allowing persons holding public positions and those in public service to participate in an election campaign. The new Article 176.2 appears to cover election candidates and other persons involved in the campaign. These provisions are linked to the provisions on unpaid leave for public servants as allowed in the Electoral Code in Article 25. This provision sets out that any citizen is free to participate in election activities outside of their normal working hours. The Ministry of Justice stated in their comments that this means that employees who wish to participate in election activities during what would otherwise have been their working hours need to take unpaid leave. A general requirement to take unpaid leave for any election campaign activity would entail a significant economic burden for public servants in exercising their civil and political rights in the contest of an election. The proportionality of this restriction on the freedom of speech, freedom of association and the right to stand for election is dependent on its scope. As the provision stands, it appears to apply to a wide range of public officials regardless of rank and position and regardless of the institution, with the exception of the categories mentioned in Article 25.3, sub-paragraphs 3 to 15. The Venice Commission and the ODIHR therefore recommend clarifying the precise scope of this restriction so that officials can take part in an election campaign outside their official duties.