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  • Three Perspectives On The French Parliament Bill On The Armenian Gen

    THREE PERSPECTIVES ON THE FRENCH PARLIAMENT BILL ON THE ARMENIAN GENOCIDE OF 1915-1917
    Gunduz Aktan, Aghasi Harutyunyan, and Morgan Poulizac

    http://peacejournalism.com/ReadArticle.a sp?ArticleID=12348
    PeaceJournalism.com, Nepal
    Dec 5 2006

    An account of the French Parliament bill recently passed condemning the
    Armenian Genocide of 1915-1917. The three articles below - providing
    French, Armenian, and Turkish perspectives - highlight the controversy
    and possible implications of the legislation. Varduhi Tovmasyan is
    responsible for commissioning all three pieces.

    Benefits of Waiting

    Gunduz Aktan

    Some time has passed since the French Parliament passed the bill that
    criminalizes denial of the Armenian Genocide. Now that it has lost
    its newsworthiness, we can better analyze the matter.

    Passing such a law caused some problems for France, but we should not
    exaggerate them too much. The criticisms directed against France were
    all for needlessly limiting freedom of expression. Most EU citizens,
    especially the French, believe the Armenian incidents in 1915
    constitute genocide. All those who have anything to say first voice
    their belief that the genocide actually occurred before criticizing
    the bill. Maybe they get the right to raise such criticism only after
    they present their credentials.

    Most of the criticisms in Turkey are also for France limiting freedom
    of expression. That's why some argue that annulling Article 301 of the
    Turkish Penal Code (TCK) would prove we respect freedom of expression
    more than France and would provide a very wise response.

    However, the problem goes beyond freedom of expression or academic
    freedoms.

    Genocide is the worst of crimes. Just like every other crime, law
    defines it and the courts decide on it. Without a verdict, a person,
    a group or a country cannot be accused of having committed genocide.

    Moreover, it is impossible to refute a crime that has not been
    proven first.

    That's exactly why a law passed by the French Parliament in 2001 that
    recognizes the Armenian Genocide cannot be enforced. On the other
    hand, the Gaysot Law (1990), which criminalizes denial of the Jewish
    Holocaust, is enforceable because it is based on the Nuremberg court
    sentences. Professor O. Duhamel, fervently praised former minister
    Jack Lang as the only person who had the courage to voice this. How
    unfortunate for France.

    If the bill becomes law in its present form, the right of Turkey
    and the families of Enver Pasha and Talat Pasha to defend themselves
    against the charges are rescinded. This is a more severe human rights
    violation than limiting freedom of speech.

    After this injustice, the gestures of French President Jacques
    Chirac and the French government, as if they share our concerns,
    are sickening. The Armenian government has also resorted to similar
    deception as if it has nothing to do with such initiatives. They place
    the blame with the Armenian diaspora. Actually, while one tries to
    protect its commercial interests, the other is working to ensure that
    the Armenians who illegally work here are not repatriated. They are
    after both material and moral benefits.

    Armenians used Armenian Secret Army for the Liberation of Armenia
    (ASALA) terrorism to promote their genocide claims and largely
    succeeded. Westerners saw the courage to resort to terrorism as proof
    of Armenians having been victims of genocide. They ignored the carnage
    of terrorism until it also harmed them.

    This incited Armenians to threaten academics in the United States who
    said there was no genocide. They pressured universities to dismiss
    such academics. They prevented publishers from printing anything that
    went against their thesis. Those that were published were collected.

    Dissident voices were not permitted in the meeting they held.

    They walked through the corridors of the European Parliament,
    brandishing guns in 1987 in order to ensure the resolution the European
    Parliament was debating would support their thesis. They prevented
    deputies from entering the meeting hall.

    The threats by some Armenians made against one Armenian member of
    the Turkish-Armenian Reconciliation Council (TARC) resulted in him
    hiding his family at a secret location and blood clots that caused
    him to undergo two surgeries.

    Armenian lobbies that spend exorbitant amounts of money influenced
    administrations and parliaments. The Armenian diaspora used their
    votes for political blackmail. They bought hundreds of people and
    made them write books full of lies. It was proven that the Talat Pasha
    telegraph was false. What Henry Morgenthau wrote about Talat Pasha and
    Enver Pasha is full of falsehoods, too. Lepsius, who never set foot in
    Anatolia, talked about the incidents as if he were an eyewitness. The
    Blue Book is only war propaganda. They have now started to bribe Turks.

    There is no United Nations resolution on the matter, but they look us
    in the eye and say there is. Our archives are open, but they say they
    aren't. They say the Teskilati Mahsusa (Ottoman intelligence services)
    organized genocide. Professors Lewy and Ericson smash this theory. Yet
    they still look the other way. The figures they quote are sheer lies
    and the documents they cite are a sham.

    What does this disgrace have to do with freedom of expression?

    -----------------------

    The Genocide Denial Bill: Charting the Armenian Reaction

    Aghasi Harutyunyan

    To understand the reaction of the Armenian public and leadership to the
    recent adoption by the lower house of the French Parliament of a bill
    declaring the public denial of the Armenian genocide a crime, one has
    to firstly understand the emotional intensity with which Armenians
    treat the issue of the recognition of the 1915-17 genocide in the
    Ottoman Empire. To put it bluntly, this issue is probably the cause
    which unites Armenians all over the world irrespective of gender, age,
    social status and even language and culture. Generations of Armenians
    have devoted their lives to this cause and after hard battles have
    managed to persuade the parliaments of a number of countries, but
    first of all Turkey, to join them in condemning the extermination
    of the Armenian population of the Ottoman Empire as an instance of
    genocide. No wonder, then, that any and all developments on this
    front receive an emotional response from Armenians residing both in
    the Republic of Armenia and outside, in the diaspora centers spread
    across the world.1 The response to the adoption of the French bill
    was no exception in this sense.

    The majority of Armenians saluted the October 12th decision of the
    French National Assembly although not everyone was quick to see
    pro-Armenian sentiment in that act. In the days following the act
    of adoption, the political forces and the media inside the country
    devoted significant attention to the issue and analyzed thoroughly
    the causes that made the French Parliament's lower house take the
    extraordinary step as well as the harsh reaction from Ankara. This
    article is an attempt at charting how Armenians received, perceived
    and analyzed the news of the adoption of the bill.

    Although the Armenian authorities welcomed the approval of the bill,
    they somehow distanced themselves from the process showing that it
    was a step the French took on their own without the interference of
    the Armenian diplomacy. "Today's approval of the bill by the French
    National Assembly is a natural continuation of France's principled
    and consistent defense of human and historic rights and values,"
    Foreign Minister Vartan Oskanian declared in his first comment after
    the adoption of the bill. He noted that "this decision is also a
    natural reaction to the intensive, aggressive and official denialism
    of the Armenian Genocide by the Turkish state. They have undertaken
    a premeditated, planned assault on the truth. [...] What we don't
    understand is the Turkish government's instigation of extremist public
    reactions, especially while Turkey itself has a law that does exactly
    the same thing and punishes those who even use the term genocide
    or venture to discuss those events."2 Analysts believe that this
    kind of 'passive' greeting (judged by the standards of the region)
    of the bill is due to official Yerevan's efforts at avoiding further
    deterioration of the strenuous Armenian-Turkish relations.3

    A few days after his initial comments, Vartan Oskanian reaffirmed
    Armenia's contentment with the French National Assembly's vote, but
    declared that he would strive to normalize relations with Turkey. In
    an interview with the Swiss newspaper NZZ am Sonntag he stressed that
    "these events... have not been condemned and not recognized once
    so far, is in reality a continuation of the genocide. However, as
    foreign minister I have a duty to look to the future and to seek to
    establish normal relations with Turkey." Interestingly the Foreign
    Minister noted, "Whether the French or the Swiss legislation is a
    good starting point is hard to say," adding that the recognition of
    the genocide by other countries "is not a goal in itself." "Armenia
    also has no interest in humiliating Turkey," emphasized Oskanyan.

    le for the recognition of the atrocities committed at the beginning
    of the 20th century. On October 13th, hundreds of students gathered
    at the premises of the French embassy in Yerevan to express their
    gratitude to France's parliament for passing the bill.

    Chanting "Long live France!" and waving French and Armenian flags
    the students who carried banners reading "Justice won over Turkish
    blackmail" and "France - the standard bearer of justice in the European
    Union," marched through the city center in two separate demonstrations
    organized by the student organizations of one of the ruling parties,
    the Armenian Revolutionary Federation (Dashnaktsutyun),4 and another
    youth organization. "We express our sincere gratitude to our French
    friends and welcome this historic step," an organizer of the first
    rally representing the Social Democratic Hnchak Party (the oldest
    Armenian political party) said, presenting the organization's thank-you
    declaration outside the embassy building.

    Most of the political forces in Armenia, too, were satisfied with the
    action of the French National Assembly. For instance, a local member of
    Dashnaktsutyun took the view that the law would serve a good purpose
    for Armenia. "It would become a lever used by France to put pressure
    on Turkey to make them recognize the Genocide," said Kiro Manoyan,
    adding that "France has expressed its viewpoint which will finally
    force Turkey to reckon with its history." Remarkably, the government
    forces were quick to downplay the reports (that appeared in the
    Turkish state media) that the French president Jacque Chirac (whose
    administration was against the passage of the bill) had apologized
    to the Turkish Prime-Minister Recep Tayyip Erdoghan for the act of
    the National Assembly reminding that few weeks before Chirac on his
    first state visit to Armenia had urged Turkey to recognize its past.

    However, as mentioned before, the omnipresent enthusiasm does
    not mean that there was no public discussion on the causes and
    consequences of the approval of the bill. Despite the heavily
    favorable attitude towards the bill there was also some dissent in
    the Armenian society. The opposition press put forward several points
    for consideration. One of the papers ("168 Zham") was quick to note
    that the bill was approved not long before the French parliamentary
    and presidential elections. France has the biggest Armenian diaspora
    community (approximately 500,000 people) in Western Europe and the
    Armenian votes are naturally important for the French lawmakers. The
    same paper believes that the bill can not bring any tangible
    benefits to the Republic of Armenia itself, but will further rouse
    the anti-Armenian nationalist sentiment in Turkey, and the latter will
    respond by adding the pressure on the small Armenian community (around
    60,000 people) that was left in the country after the massacres of
    the last century. The gist of these and similar arguments, of course,
    is that the Armenian woes have yet again been used for the attainment
    of internal and external political interests, something which has
    sadly happened too often in the distant and near past.

    But it was not only the 'Armenian' Armenians who had a somewhat
    mixed reaction to the French bill. Hilda Tchoboian, the president
    of the Brussels-based Euro-Armenian Federation, an association
    representing the interests of the Armenian Diaspora in France and
    other European nations, echoed in a statement the mainstream Armenian
    sentiment. "We welcome with emotion this historic step forward through
    which, once again, France points the way down the path of progress,
    humanity and dignity. The hydra of denial is a tumor on freedom of
    expression and a threat to public order that must be eradicated,"
    she said in a statement. A few diaspora Armenians, however, were
    reluctant to endorse the approval of the bill and had the opposite
    opinion. Among them was Hrant Dink, the editor-in-chief of "Agos,"
    an Armenian paper published in Istanbul, who reportedly told Radio
    Liberty that the bill "will not be beneficial in terms of the future
    of Armenians and in terms of the process of the recognition of the
    genocide in the world." Dink, one of several journalists in Turkey
    facing possible prison term for using the word "genocide" (under the
    same infamous Article 301), labeled the bill a "trick" by those who
    want to keep Turkey out of the EU. The journalist emphasized that in
    case it is necessary he would go to France and would break the new law
    just as he had broken the one in Turkey, simply to prove the idiotic
    nature of the law. Dink's position is interesting not only because
    of its dissenting nature but also because it gives some credit to
    the above-mentioned allegation that as a result of the adoption of
    the bill Armenians residing in Turkey can become targets of coercion.

    To sum up, the approval of the landmark bill that makes it a crime to
    deny that Armenians suffered genocide during World War One received
    an overwhelmingly warm response from Armenians across the globe.

    Although many Armenians understand that the bill might not be approved
    by the upper house of the French Parliament, the Senate, and even
    if approved might not be signed by the Chirac administration (which
    is weary of damaging the ties with Turkey and receiving another dose
    of criticism from the European Union and the United States officials
    for creating additional obstacles on the Turkish path of entry into
    the EU) they continue believing that the controversial legal act can
    bring them closer to the ultimate goal of persuading Ankara to accept
    its past faults. Nevertheless, as the following remarks made by the
    renowned French-Armenian chanson singer Charles Aznavour suggest,
    "The law against denialism should have been passed for all crimes,
    not only the one against Armenians, because otherwise it leaves a
    bizarre impression."

    -----------------------

    French Politics and the Armenian Genocide: An Uncomfortable Relation

    Morgan Poulizac

    Thursday October the 12th , the lower house of the French Parliament
    Assemblee Nationale approved a bill making it illegal to suggest the
    1915 Armenian Genocide did not occur.

    This bill has been initiated by the Socialist Party. Contrary
    to a former law, voted for in 2001 (loi Gayssot), which already
    recognised the existence of genocide in Armenia, the new bill proposal
    criminalizes the disregard of the genocide atrocity. Despite the
    unlikelihood of the legislation being passed - subsequently needing
    to be backed by the upper house and signed by the President - the
    vote has created a division within French opinion.

    Ten days before, Jacques Chirac, the French President, visited Armenia
    and declared that the recognition of the Armenian Genocide might be
    a precondition of the Turkish entry into the European Union.

    However, when it came to vote, the French government declared the
    initiative "unnecessary and untimely", in order for the MPs in the
    Chirac majority to abstain from voting.

    The Chirac administration noted that the 2001 law already asserts the
    existence of the Genocide and that the new text would only have some
    counterproductive effects. This new initiative could indeed damage
    the trade relations between the two countries, as Christine Lagarde,
    the French Minister of Trade, told to the press.

    In 2005, French firms exported more than 4.7 million euros in goods
    to Turkey. Moreover, as long as Turkey remains an important trading
    partner of the French, it's important to keep tension between countries
    at a minimum.

    The parliamentary initiative raised, indeed, the anger of the Turkish
    government, which now threatens to boycott French products. The day
    after the vote, Turkish protesters threw eggs at the French consulate
    in Istanbul. The Turkish Minister of Finance, Ali Babacan, said he
    will reconsider the contract deal the Turkish government had with
    Eurocopter, a French helicopter firm.

    The bill did not solely spark a wave of protests in Turkey, but also
    created notable strife in France.

    This story is the latest episode of the bitter debate over the fate
    of the Armenians slaughtered in the 1915 Ottoman Turkey territory,
    yet also reveals the domineering relationship French politics have
    with history.

    Last year, some MPs tried to pass a law underlying the "benefits" of
    past French colonialism. At a standoff with waves of popular criticisms
    of their opinion, the MPs decided to give up the legislative effort
    in the end.

    There is, in fact, today, and since the beginning of 1990's, a large
    debate occurring in France about the legitimacy of the Parliament
    to "write" history. The divide between historians and politicians
    is profound. While historians insist that politicians refrain from
    intervening and misinterpreting history, politicians are progressively
    trying to impose their view on it.

    Several reasons may explain the opposition. One the one hand,
    MPs will always play to their constituencies and manage their
    agendas accordingly. On the other hand, media is perfectly content
    thrashing politicians on television and in print, giving them a
    difficult name to work with nationally and discouraging a vote in
    favour Armenian-appeasing legislation. Notwithstanding media's wrath,
    expect politicians to throw themselves in front of coming traffic to
    assuage their respective constituencies - that is where the votes come
    from after all. So with elections approaching near the beginning of
    2007, the well-established Armenian communities may, in fact, hold
    some weight.

    It shows once again how history is a political matter in France.

    -----------------------

    1Up until 1991 the battle for the recognition of the genocide was
    mainly fought by Armenians living in the diaspora centers whose
    ancestors had been slaughtered in the Ottoman Empire. Since the
    independence of the Republic of Armenia from the Soviet Union (1991)
    activists in the country have joined their diaspora compatriots
    in demanding that Turkey recognizes the genocide. Interestingly,
    the administration of the first president of the country, Levon
    Ter-Petrosyan, was reluctant to officially put the genocide issue on
    its foreign policy agenda. The administration of the current president
    Robert Kocharyan, however, has officially included the issue in the
    list of its foreign policy priorities since it came to power in 1998.

    2Oskanyan refers to the controversial Article 301 of the Turkish
    criminal code which has recently been used to prosecute a number of
    public figures in Turkey, including a leading Turkish novelist Pamuk
    who went on trial for insulting "Turkishness" after telling a Swiss
    newspaper nobody in Turkey dared talk about the Armenian massacres.

    The court eventually dropped charges, and Pamuk received the Noble
    Prize for Literature on the same day when the bill under discussion
    was adopted.

    3Armenia and Turkey do not have any diplomatic relations and
    the border between them has been closed since Armenia gained
    independence in 1991. Apart from the genocide issue the relations
    between the neighbors are also soured because of a conflict between
    ethnic Armenians living in Nagorno-Karabakh (effectively, Armenia
    itself) and Azerbaijan, a neighboring country to which the region of
    Nagorno-Karabakh belonged during the Soviet times (at the beginning
    of the 1990s Nagorno-Karabakh fought a local war with Azeri forces
    and established a de-facto independent state strongly supported
    by Armenia). Azerbaijan and Turkey are close allies, and Ankara
    demands that Yerevan returns Nagorno-Karabakh to Azerbaijan. Until
    then it refuses to talk about the establishment of diplomatic ties
    with Yerevan. In recent years, however, both the European Union (EU)
    and the United States have strongly urged Turkey to reopen the border
    with Armenia, and many believe that Ankara will have to normalize
    its ties with Armenia before the possible entry into the EU.

    4This party is often characterized as nationalistic, and its
    representatives have for decades been at the forefront of genocide
    recognition efforts in foreign countries. Dashnaktsutyun, a junior
    partner in the current coalition government, is believed to have
    a rigid stance in the genocide issue and thinks that the Republic
    of Armenia should not talk to Turkey unless and until Ankara has
    recognized its gruesome past.

    Benefits of Waiting by Gunduz Aktan was originally published 26
    October 2006 by the Turkish Daily News.

    http://www.monitor.upeace.org/innerpg.cfm?i d_article=396
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