Armenian Weekly April 2012 Magazine

PERSPECTIVES
Unfortunately, the eight members of the Constitutional Council on Feb. 28
decided that the genocide bill was unconstitutional because it violated
freedom of speech. The council members, however, failed to explain why
punishing denial of the Holocaust is not a restriction on free speech while
punishing denial of the Armenian Genocide is.
Turkish threats to cut off economic, political,
military, and cultural ties with France,
the Senate, after a heated seven-and-a-half
hour debate, approved the genocide bill on
Jan. 23, 2012, with a vote of 127 to 86.
Significantly, not a single member of the
French Parliament or Senate, not even
those who voted against the bill, questioned
the reality of the Armenian Genocide.
After the bill was approved by the Senate,
Sarkozy had 15 days to sign it into law.
He did not rush to sign it (perhaps because
he did not want to be accused of depriving
the bill’s opponents of the opportunity to
challenge its constitutionality). Unfortunately,
Sarkozy did not anticipate that the
bill’s opponents would be able to collect the
60 signatures needed to appeal the bill to
the Constitutional Council. Even if he had
signed before its appeal, the new law would
have been contested as soon as someone
was arrested for denying the Armenian
Genocide.
Imagine how much more disappointed
the supporters of the new law would have
been if it were to be thrown out after it was
signed into law by the president!
The Turkish government and its surrogates
not only used threats and even personal
inducements, but hired a French lobbying
firm (contradicting their an nounced boycott
of French companies) to collect the necessary
signatures and appeal to the Constitutional
Council on Jan. 31.
The council is comprised of 11 prominent
individuals, including 2 former presidents
and several former legislators. Some
of the council members had serious conflicts
of interest involving their families
who had business ties to Turkey, or had
taken a position against this bill when they
were in the legislature. Most amazingly,
one of them was a member of the Bosphorus
Institute, a Turkish think-tank that lobbied
against this bill.
After a French newspaper exposed their
sinister affiliations, two members of the
council removed themselves from sitting in
judgment on the bill, and former President
Chirac did not participate in the vote due
to illness.
That left eight members. At least two
others should have withdrawn their names
due to conflict of interest, in which case
only six members would have remained—
one short of a quorum.
Unfortunately, the eight members of the
Constitutional Council on Feb. 28 decided
that the genocide bill was unconstitutional
because it violated freedom of speech. The
council members, however, failed to explain
why punishing denial of the Holocaust is
not a restriction on free speech while punishing
denial of the Armenian Genocide is.
French-Armenians are now planning to
appeal the council’s ruling to the European
Court of Human Rights.
After the council’s negative decision,
Sarkozy repeated his earlier pledge to resubmit
to the legislature a revised bill taking
into account the council’s objections.
Hollande, his Socialist rival, who is ahead of
Sarkozy in the polls, also pledged to bring
up the bill again.
Unfortunately, the French legislature is
now in recess due to the upcoming presidential
elections, making it impossible to
submit a revised bill to the Parliament and
Senate at this time.
Sarkozy now promises to, if re-elected,
bring up this bill in June. Hollande has made
the same pledge. That’s the good news.
The bad news is that Armenians have
learned from previous disappointing experiences
not to trust politicians who make
campaign promises.
It is important to pass this law in France
and other countries to stop Turkey from
exporting its denialist policies. Switzerland
and Slovakia have already adopted laws
penalizing denial of the Armenian Genocide.
And for those who naively say that Article
301 of the Turkish Penal Code—the socalled
“insulting Turkishness” law—which
makes it a crime to acknowledge the Armenian
Genocide, is the same thing as the French
bill (thinking that both restrict free speech),
that is not the case, at all! When this bill is
adopted, it would be against the law in
France to lie about genocide, whereas in
Turkey, telling the truth is against the law.
Even though Turkish Foreign Minister
Ahmet Davutoglu declared victory after the
French bill was ruled unconstitutional, this
is just a temporary setback and not a final
defeat for the Armenian side.
French-Armenians will very likely continue
to support this bill until it is signed
into law. Even if it does not pass, Armenians
will seek other avenues to pursue justice for
the victims of the Armenian Genocide.
Punishing genocide deniers is not as
critical as the pursuit of more important
demands, such as restitution and return of
Armenian properties, churches, and the
occupied territories of Western Armenia.
Pursuing the just cause of a people is a
marathon race, not a sprint.
Armenians are an ancient nation.
Throughout their long history, they have
overcome and survived many calamities,
invasions, wars, and even genocide.
Armenians will certainly continue their
struggle until they realize their long soughtafter
dream. a
This page is sponsored by Jo Asadorian (Chagrin Falls, Ohio)
April 2012 | THE ARMENIAN WEEKLY | 37