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    The Global Reparations Movement and Meaningful Resolution of the
    Armenian Genocide

    Friday, May 7th, 2010

    BY HENRY THERIAULT
    >From The Armenian Weekly
    April 2010 Magazine

    Over the past half millennium, genocide, slavery, Apartheid, mass
    rape, imperial conquest and occupation, aggressive war targeting
    non-combatants, population expulsions, and other mass human rights
    violations have proliferated. Individual processes have ranged from
    months to centuries. While the bulk of perpetrator societies have been
    traditional European countries or European settler states in
    Australia, Africa, and the Americas, Asian and African states and
    societies are also represented among them. These processes have been
    the decisive force shaping the demographics, economics, political
    structures and forces, and cultural features of the world we live in
    today, and the conflicts and challenges we face in it. For instance,
    understanding why the population of the United States is as it is - why
    there are African Americans in it, where millions of Native Americans
    have `disappeared' to, why Vietnamese and Cambodian people have
    immigrated to the United States, etc. - requires recognizing the
    fundamental role of genocide, slavery, and aggressive war in shaping
    the United States and those areas, such as sub-Saharan Africa and
    Southeast Asia, affected by it.

    Around the globe, those in poverty, those victimized by war after war,
    small residuals of once numerous groups, and others have recognized
    that their current difficulties, their current misery, is a direct
    result of these powerful forces of exploitation, subjugation, and
    destruction. Out of the compelling logic of `necessary fairness' - fair
    treatment that is necessary to their basic material survival and to
    their dignity as human beings - many have recognized that the
    devastating effects of these past wrongs must be addressed in a
    meaningful way if their groups and societies can hope to exist in
    sustainable forms in the future. This recognition has led to various
    reparations movements. Native Americans lay claim to lands taken
    through brutal conquest, genocide, and fraud. African Americans demand
    compensation for their contribution of a significant share of the
    labor that built the United States, labor stolen from them and repaid
    only with cruelty, violence, and individual and community destruction.
    Formerly colonized societies whose people's labor was exploited to
    build Europe and North America, whose raw materials were stolen to
    provide the materials, and whose societies were `de-developed,' now
    struggle to survive as the global Northern societies built on their
    losses capitalize on the previous thefts to consolidate their
    dominance. And so on.

    In the past decade those engaged in these various struggles have begun
    to recognize their common cause and a global reparations movement has
    emerged. In 2005, for instance, Massachusetts' Worcester State College
    held an international conference on reparations featuring renowned
    human rights activist Dennis Brutus, with papers on reparations for
    South African Apartheid; African American slavery, Jim Crow, and
    beyond; Native American genocide and land theft; the `comfort women'
    system of sexual slavery implemented by Japan; the use of global debt
    as a `post-colonial' tool of domination; and the Armenian Genocide.
    While there are dozens if not hundreds of major reparations processes
    in the world today, it will be instructive to consider these cases in
    detail, as illustrations of these many struggles.

    U.S. slavery destroyed African societies and exploited and abused
    violently millions of human beings for 250 years. At its dissolution,
    it pushed former slaves into the U.S. economy without land, capital,
    and education. Initial recognition of the need to provide some
    compensation for slavery in order to give former slaves a chance
    toward basic economic self-sufficiency gave way to violent and
    discriminatory racism. Former slaves were forced into the economic
    order at the lowest level. Wealth is preserved across generations
    through inheritance. Those whose people begin with little and who do
    not enslave or exploit others will remain with little. Reparations for
    African Americans recognizes that the poverty, discrimination, and
    other challenges facing African Americans today result from injustices
    more than 100 years ago that have never been corrected, and the
    subsequent racist violence and discrimination that has preserved the
    post-slavery status quo every since.

    The South African case revolved around the fact that, as the world had
    divested from South Africa in the 1980's, the Afrikaner government
    borrowed money, especially from Switzerland, to continue to finance
    Apartheid. Against the international embargo, bankers' loans paid for
    the guns and other military hardware that were used to kill black
    activists and keep their people in slavery. The fall of Apartheid did
    not mean an end to the debt. Today's South Africans live in poverty as
    their country is forced to pay off the tens of billions of U.S.
    dollars in loans incurred to keep them in slavery before. They pay yet
    further billions for the pensions of Afrikaner government, military,
    and police officials living out their days in quiet comfort after
    murdering, torturing, and raping with impunity for decades. What is
    more, U.S. and other corporations drew immense profits from South
    African labor. Many victims of Apartheid reject the loan debt and
    demand reparation for all they suffered and all that was expropriated
    from them as the just means for bringing their society out of poverty.
    After years of refusal, the South African government itself has
    recently reversed its position based on the desire to curry favor with
    large corporations and has begun to support U.S. court cases for
    reparations from corporations enriched by Apartheid.

    In the aftermath of decolonization, societies devastated by decades or
    centuries of occupation, exploitation, cultural and familial
    destruction, and genocide were left in poverty and without the most
    basic resources needed to meet the minimum needs of their people.
    Forced suddenly to compete with those who had enriched themselves and
    grown militarily and culturally powerful through colonialism, they had
    no chance. Their only option was to borrow money in the hope of
    `catching up.' But corrupt and selfish leaders diverted billions to
    private bank accounts (with winks from former colonial powers),
    invested in foolish and irrelevant public works projects, and
    otherwise misappropriated money that was supposed to help these
    societies. Loan makers, such as the International Monetary Fund and
    World Bank, imposed conditions to push these societies into a new
    servitude to the economies of the United States and other great
    powers. Servicing the loans that have not helped their economies
    develop now means sacrificing basic human services and healthcare in
    these desperate societies and accepting extensive outside control of
    their societies to benefit former colonizers and multinational
    corporations at the expense of further degradation of the dignity and
    material conditions of their populations. The Jubilee movement calls
    for debt cancellation as a crucial step toward justice for the
    devastation of colonialism and post-colonialism and a path toward a
    sustainable and fair global economy.

    Former comfort women have long faced assaults on their dignity in
    their home countries and by Japan. They were often impoverished by
    their devastating experiences of being raped on average thousands of
    times in permanent rape camps as sexual slaves to the Japanese
    military. Physical damage from incessant forced intercourse and the
    brutal violence soldiers subjected them to, the aftermath of coerced
    drug addiction, and intense psychological trauma have frequently
    followed the women into their old age. They have needed medical care
    as well as acknowledgment of the inhuman injustice done to them. In
    the early 1990's, surviving `comfort women' began calling for
    reparations to address the effects of what they had suffered.

    Native Americans and Armenians share certain similarities in their
    past experiences and challenges today, from being crushed by competing
    as well as sequential imperial power-games and conquests, and a series
    of broken or unfair treaties, to a history of being subject to
    massacre, sexual violence, and societal destruction. Members of both
    groups have been sent on their `long marches' to death. In the
    aftermath of active genocide through direct killing and deadly
    deportation, even the remnants of these peoples on their own lands
    have been erased, through the raiding and destruction of hundreds of
    thousands to millions of Native American graves as a policy of the
    U.S. `scientific' establishment, and the continuing destruction of
    remaining Armenian Church and other structures throughout Turkey. For
    Native Americans, the continuing expropriation of land and resources,
    the blocking of Native American social structures and economic
    activity, and the dramatic demographic destruction (an estimated 97
    percent in the continental United States) has left behind a set of
    Indian nations subject to the whims of the U.S. government and
    struggling to retain identity and material survival in a hostile
    world. Reparations, particularly of traditional lands, are essential
    to the survival of Native peoples and cultures. Similarly, from its
    status as the major minority in the Ottoman Empire a century ago,
    today an Armenian population of below 3 million in the new republic
    faces a Turkey of 70 million with tremendous economic resources built
    on the plunder of Armenian wealth and land - through genocide and the
    century of oppression and massacre that preceded it - and tremendous
    military power awarded it through aid from the United States in
    recognition of its regional power - also gained through genocide. The
    Armenian Diaspora of perhaps five million is dispersed across the
    globe and slowly losing cohesion and relevance as powerful forces of
    assimilation and fragmentation take their toll. Reparations in the
    form of compensation for the wealth taken, which in many cases can be
    traced to Turkish families and business today, and lands depopulated
    of Armenians and thus `Turkified' through genocide, are crucial to the
    viability of Armenian society and culture in the future. Without the
    kind of secure cradle the Treaty of Sevres was supposed to give
    Armenians, true regeneration is impossible: Turkish power, still
    violently hostile to Armenians, grows each day, as the post-genocide
    residual Armenia degenerates.

    Of course, reparations are not simply about mitigating the damage done
    to human collectivities in order to make possible at least some level
    of regeneration or future survival, however important this is.
    Reparations also represent a concrete, material, permanent, and thus
    not merely rhetorical recognition by perpetrator groups or their
    progeny of the ethical wrongness of what was done, and of the human
    dignity and legitimacy of the victim groups. They are the form that
    true apologies take, and the act through which members who supported
    the original assault on human rights or who benefited from
    it - economically, politically, militarily, culturally, and in terms of
    the security of personal and group identity - decisively break with the
    past and refuse to countenance genocide, slavery, Apartheid, mass
    rape, imperial conquest and occupation, aggressive war focused on
    civilians, forced expulsions, or any other form of mass human rights
    violation.

    ***

    It is with both dimensions in mind that in 2007 Jermaine McCalpin, a
    political scientist with a recent Ph.D. from Brown University
    specializing in long-term justice and democratic transformation of
    societies after mass human rights violations; Ara Papian, former
    Armenian ambassador to Canada and expert on the relevant treaty
    history and law; Alfred de Zayas, former senior lawyer with the Office
    of the UN High Commissioner for Human Rights and Chief of Petitions,
    and currently professor of international law at the Geneva School of
    Diplomacy and International Relations; and I came together to study
    the issue of reparations for the Armenian Genocide in concrete terms.
    The Armenian Genocide Reparations Study Group's (AGRSG) work has
    culminated in a draft report on the legal, treaty, and ethical
    justifications for reparations and offers concrete proposals for the
    political process that will support meaningful reparations. The
    following are some of the elements of the AGRSG findings, arguments,
    and proposals.

    International law makes clear that victim groups have the right to
    remedies for harms done to them. This applies to the Armenian Genocide
    for two reasons. First, the acts against Armenians were illegal under
    international law at the time of the genocide. Second, the 1948 UN
    Convention on the Prevention and Punishment of Genocide applies
    retroactively. While the term `genocide' had not yet been coined when
    the 1915 Armenian Genocide was committed, the Convention subsumes
    relevant preexisting international laws and agreements, such as the
    1899 and 1907 Hague Conventions. Since the genocide was illegal under
    those conventions, it remains illegal under the 1948 Convention. What
    is more, the current Turkish Republic, as successor state to the
    Ottoman Empire and as beneficiary of the wealth and land
    expropriations made through the 1915 genocide, is responsible for
    reparations.

    While the 1920 Sevres Treaty, which recognized an Armenian state much
    larger than what exists today, was never ratified, some of its
    elements retain the force of law and the treaty itself is not
    superseded by the 1923 Treaty of Lausanne. In particular, the fixing
    of the proper borders of an Armenian state was undertaken pursuant to
    the treaty and determined by a binding arbital award. Regardless of
    whether the treaty was ultimately ratified, the committee process
    determining the arbital award was agreed to by the parties to the
    treaty and, according to international law, the resulting
    determination has legal force regardless of the ultimate fate of the
    treaty. This means that, under international law, the so-called
    `Wilsonian boundaries' are the proper boundaries of the Armenian state
    that should exist in Asia Minor today.

    Various ethical arguments have been raised against reparations
    generally and especially for harms done decades or centuries in the
    past. Two of particular salience are that (1) a contemporary state and
    society that did not perpetrate a past mass human rights violation but
    merely succeeded the state and society that did, does not bear
    responsibility for the crime nor for repairing the damage done, for
    this would be penalizing innocent people; and (2) those pursuing
    Armenian Genocide land reparations are enacting a territorial
    nationalist irredentism that is similar to the Turkish nationalism
    that drove Turkification of the land through the genocide, and is thus
    not legitimate.

    To the first objection, the report responds that because current
    members of Turkish society benefit directly from the destruction of
    Armenians in terms of increased political and cultural power as well
    as a significantly larger `Turkish' territory and a great deal of
    personal and state wealth that has been the basis of generations of
    economic growth, they have a link to the genocide. While they cannot
    be blamed morally for it, they are responsible for the return of
    wealth and making compensation to Armenians for other dimensions of
    the genocide. To the second objection, the report responds that the
    lands in question became `Turkish' precisely through the
    ultranationalist project of the genocide. Retaining lands `Turkified'
    in this way indicates implicit approval of that genocidal
    ultra-nationalism, while removing Turkish control is the only route to
    a rejection of that ideology.

    In addition to the legal, political, and ethical arguments justifying
    reparations, the report also proposes a complex model for the
    political process for determining and giving reparations. The report
    makes clear that material reparations and symbolic reparations,
    including an apology and dissemination of the truth about what
    happened in 1915, as well as rehabilitation of the perpetrator society
    are crucial components of a reparations process if it is to result in
    a stable and human rights-respecting resolution. The report proposes
    convening an Armenian Genocide Truth and Reparations Commission with
    Turkish, Armenian, and other involvement that will work toward both
    developing a workable reparations package and a rehabilitative process
    that will tie reparations to a positive democratic, other-respecting
    transformation of the Turkish state and society. As much as
    reparations will be a resolution of the Armenian Genocide legacy, they
    will also be an occasion for productive social transformation in
    Turkey that will benefit Turks.

    Finally, the report makes preliminary recommendations for specific
    financial compensation and land reparations. The former is based in
    part on the detailed reparations estimate made as part of the Paris
    Peace Conference, supplemented by additional calculations for elements
    not sufficiently covered by the conference's estimation of the
    material financial losses suffered by Armenians. The report also
    discusses multiple options regarding land return, from a symbolic
    return of church and other cultural properties in Turkey to full
    return of the lands designated by the Wilsonian arbital award. The
    report includes the highly innovative option of allowing Turkey to
    retain political sovereignty over the lands in question but
    demilitarizing them and allowing Armenians to join present inhabitants
    with full political protection and business and residency rights. This
    model is interesting in part because it suggests a human
    rights-respecting, post-national concept of politics that some might
    see as part of a transition away from the kinds of aggressive
    territorial nationalisms - such as that which was embraced by the Young
    Turks - that so frequently produce genocide and conflict.

    On May 15, 2010, the AGRSG will present its draft report formally in a
    public event at George Mason University's Institute for Conflict
    Analysis and Resolution in Arlington, Va.
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