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Why France Shouldn't Legislate Turkey's Past.

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  • Why France Shouldn't Legislate Turkey's Past.

    WHY FRANCE SHOULDN'T LEGISLATE TURKEY'S PAST.
    by Philip H. Gordon & Omer Taspinar

    The New Republic, DC
    Oct 30 2006

    Historical Crimes
    Only at TNR Online | Post date 10.30.06 Discuss this article

    As European nations debate the idea of accepting Turkey
    into their ranks, vestiges of the country's authoritarian
    nationalism--particularly its tendency to constrain free speech in
    the name of national honor and unity--have antagonized proponents
    of the European Union's accepted liberal values. For example, when
    Turkish novelist Orhan Pamuk was recently prosecuted for claiming that
    a million Armenians were massacred by the Ottomans during World War
    I--in violation of a Turkish law that prohibits "insulting Turkish
    identity"--Europeans howled in protest until the charges were finally
    dropped. In recognition of his politics and his writing, Pamuk was
    awarded the Nobel Prize for literature.

    More recently, the Turkish stance on the Armenian massacres themselves
    is becoming an obstacle to its entry into the EU. On a recent visit
    to Armenia, for example, French President Jacques Chirac suggested
    that Turkey should not be allowed to join the EU until it recognizes
    the Armenian genocide. The European Parliament has similarly requested
    that Turkey "acknowledge" the genocide, although it has so far avoided
    making that a formal condition for membership.

    But, while liberal states that demand accountability for the past are
    usually well-intentioned, they can also go too far--as new legislation
    in France clearly shows. In a blatant ploy to win over France's 500,000
    residents of Armenian origin, the lower house of France's parliament
    passed a bill on October 12 that, if agreed to by the Senate, will make
    it illegal to deny that the 1915 massacres of Armenians constituted
    genocide. The Socialist-proposed bill, which gives sentences of up
    to a year in jail or up to a ~@45,000 fine, passed by a lopsided vote
    of 106-19, and it was supported by the two leading candidates in the
    presidential election scheduled for next spring, Nicolas Sarkozy and
    Segolène Royal. The parliament even rejected a proposed amendment to
    exempt scholarly research from the reach of the bill.

    Not surprisingly, the reaction in Turkey to all of this has been
    furious. Well beyond the extremists demonstrating in the streets,
    nearly all Turks--including the most liberal and pro-European
    ones--resent seeing one of the most sensitive issues in their history
    being used as a pawn in French politics. Pamuk himself, no flack for
    the Turkish government, has criticized the French legislation. Turks
    rightly see the legislation as a cynical ploy not only to win
    Armenian votes but to put one more obstacle on the path to Turkey's
    EU membership, which France has formally, if unenthusiastically,
    promised to negotiate. The backers of the new law claim that its
    purpose is to facilitate Turkish-Armenian reconciliation; its effect
    will likely be the opposite.

    Worse, the French parliament's vote is a dangerous step down a slippery
    slope. If it is a crime to disagree that what happened to Armenians
    90 years ago should be considered genocide, why stop there?

    Shouldn't it be a crime to minimize the impact of other historical
    tragedies, such as colonialism or the slave trade? Should the
    Turkish parliament pass a law making it a criminal offense to deny
    that France practiced torture in Algeria or that a million Muslims
    were killed there? Should African governments make it illegal to
    deny that genocide took place in Rwanda? Once you go down that road,
    it is hard to see where the line should be drawn.

    Indeed, the new French legislation is just the latest illiberal
    policy in Europe masquerading as liberalism. Since the end of World
    War II, a number of European countries, including Germany, Austria,
    and France, have passed laws against Holocaust denial. Proponents of
    the laws argue that they allow these nations to atone politically for
    their past sins, while working to ensure that Holocaust deniers could
    not foster the same sort of anti-Semitism that led to the Holocaust in
    the first place. Now, however, they could also serve as inspiration to
    scores of different ethnic and religious groups that wish to win legal
    acknowledgement of their own past suffering and historical grievances,
    as the Armenians have. But parliaments across Europe would be better
    off taking the current legislation off the books than giving equal
    treatment to every group's claims. Do we really want the government to
    start deciding that some historical views are acceptable but others
    merit prison sentences? And would the historical narratives that won
    legislative protection be those most clearly supported by "the facts"
    or those which had the most powerful political support?

    Moreover, though the laws against Holocaust denial were--emotionally
    and politically--difficult to oppose, the consequences of compromising
    free speech are becoming clear. This February, for example, several
    months after European leaders defended the right of a Danish newspaper
    to publish a cartoon of the Prophet Mohammad that offended Muslims,
    an Austrian Court sentenced historian David Irving to prison for
    Holocaust denial. The trial exposed European free speech advocates to
    charges of hypocrisy and undermined their efforts to convince Muslims
    that their tolerance of the cartoons was based on principle--and not
    a double standard.

    To his credit--and despite his wish that Turkey acknowledge
    the Armenian genocide--Chirac and his government opposed the new
    legislation, arguing that history should be left up to historians,
    not lawmakers. He took the same principled stance last year, when he
    successfully opposed a law, backed by a majority in his coalition,
    that praised the "positive role" of colonialism.

    As Pamuk's prosecution reminds us, Turkey's own record on free speech
    is far from pristine, and Turks would do well to be more open about
    their past. Instead of prosecuting those who challenge the official
    history, Ankara should support debating it openly and accepting its
    scars. Already, there are signs that this is taking place. Last year,
    Istanbul's Bilgi University held a conference on Armenian history at
    which a range of views were presented. Turkish Prime Minister Recep
    Tayyip Erdogan supported that conference, and he has also come out
    in favor of a joint Turkish-American committee of historians to study
    and report on the issue.

    Turks should keep moving in this direction and do more to
    acknowledge that atrocities--however characterized--occurred. But
    these initiatives need to come from Turks themselves in a spirit of
    reconciliation, instead of being imposed from the outside under threat
    of prosecution. Ultimately, historians, not governments, should be the
    ones to decide these sensitive issues. The response to illiberalism in
    Turkey must not be illiberalism in France. What an irony if Turkey is
    kept out of the EU because of its position on free speech by a country
    that would put historians in jail for questioning the official line.

    Philip H. Gordon is a senior fellow for U.S. Foreign Policy at the
    Brookings Institution. Omer Taspinar is a professor at the National
    War College and a research fellow at the Brookings Institution.

    http://www.tnr.com/doc.mhtml?i=w0610 30&s=gordontaspinar103006

    --Boundary_(ID_39t6 MRDa4UWN/4MPFyYFZA)--
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