Free Speech and Armenian Genocide Denial

A new development has occurred in France concerning the signing into law of a bill passed by both houses of France’s parliament. The spotlight has shifted to the question of free speech rather than the crime of genocide. 

At the moment, the most vocal defender of free speech in France appears to be the Turkish Government. This is because Turkey does not want France’s president to sign the “Armenian Genocide Denial bill” into law. One fact which seems to have been lost in the muddied waters of this spectacle is that France already has a Holocaust Denial law on its books.

France legally recognizes the Armenian Genocide (tens of thousands of Armenian survivors sought refuge in France in the aftermath of the mass deportation of all Armenians from Turkey) and the Holocaust. As the New York Times correctly points out, “the bill criminalizes the denial of officially recognized genocides…The bill does not make specific reference to the estimated 1.5 million Armenians slaughtered under the Ottoman Turks, but France recognizes only those deaths and the Holocaust as genocides and already specifically bans Holocaust denial.”

The same Turkish Government who is now France’s newest proponent of free speech in France, does not champion free speech in Turkey. Within Turkey’s borders, the Turkish Government censors the press and the Internet, and criminally prosecutes those who “insult Turkishness” with their words, this includes openly commenting about the Armenian Genocide. While the facts about Turkey’s human and civil rights abuses are well known, Turkey’s aggressive multi-decade, multi-national, multi-million dollar lobbying efforts aimed at blocking Armenian Genocide recognition are less frequently in the headlines.

Do we have free speech when an outside government dictates what we can and cannot say under the guise of foreign diplomacy? Questions raised about free speech are fair and essential. However, we must not limit this discussion to the passing of a law in France. Michael Bobelian’s book, Children of Armenia, which is painstakingly documented, illuminates the dark side of genocide denial and illustrates how it is possible to forget (or never learn) about seismic events in modern history.

If criminalizing genocide denial is not the answer, how do we combat hate speech and state-sponsored genocide denial?

Here are a few articles about today’s news from France:

France’s Armenian Genocide Law Put On Hold
Armenian Weekly | January 31, 2012

Top French court asked to weigh in on bill making it a crime to deny Armenian genocide
Washington Post | January 31, 2012

France Turkey row: Genocide bill faces court hurdle
BBC News | January 31, 2012

 

Passage of France’s Armenian Genocide Denial Law is an Opportunity for Education

According to the organization Genocide Watch, the last stage of genocide is denial. Seen through the prism of any Southern Poverty Law Center newsletter, yesterday’s passage of the Armenian Genocide Denial law by France’s Senate is easier to understand. Holocaust denial and genocide denial laws are not a new concept. Similar laws to the one passed yesterday in France already exist in several European countries (including France) and Israel. 

As I was seeking answers to address the multitude of questions raised by France’s historic genocide denial vote, I came across this paper, “Holocaust Denial Laws and Other Legislation Criminalizing Promotion of Nazism“, written by Michael J. Bazyler. Professor Bazyler is a von Oppenheim Research Fellow International Institute for Holocaust Studies, Yad Vashem, and Professor of Law, Whittier Law School. Jerusalem-based Yad Vashem is committed to four pillars of remembrance:

1. Commemoration
2. Documentation
3. Research
4. Education

Unfortunately, the Turkish Government is the primary perpetrator of Armenian Genocide denial. Its intense and emotional reaction to yesterday’s vote in France includes lashing out at France’s leaders with accusations of racism and being ‘anti-Islam’. Once again, Turkey’s elected leaders are inciting Turkish nationalist sentiment, rather than doing what is necessary as a nation to make amends for the crimes against humanity committed almost a century ago. This counterproductive behavior ensures that Turkey’s shameful Armenian Genocide history remains very much alive in the present and in our collective consciousness.

Within Turkey, a major obstacle to real solutions for moving forward is Article 301 of the Turkish Penal Code, which is used to prosecute individuals who “insult Turkishness”. In Turkey, acknowledging and discussing the Armenian Genocide is grounds for imprisonment and large fines. Nobel Prize winning Turkish author Orhan Pamuk was prosecuted for a statement he made in an interview, which referenced the Armenian Genocide.

While it remains a challenge for Turkey to acknowledge and apologize for the Armenian Genocide, the time must come. This is necessary for Turkey to take the place it aspires to have on the world stage, and as a member of the European Union. After reading about last week’s groundswell of Turkish outrage at the outcome of Hrant Dink murder trial in Istanbul, I do believe such a time is not far off. It is also not fanciful thinking to imagine the day when Turkey passes a law forbidding Armenian Genocide denial.

France, Germany, and Spain are among the countries that have apologized for their countries’ past atrocities. They are also setting an example for Turkey to follow regarding how to educate the world about the evils of genocide, hate speech, racism, and xenophobia. In a past blog post, Armenian Genocide denial doesn’t make it go away, I mentioned seeing the topic of slavery incorporated into the educational displays at the Liberty Bell and Independence Hall historical sites in Philadelphia, which are part of the U.S. National park service.

Sadly, I do not hold out hope that Holocaust or Genocide denial will be outlawed in the United States, because the right to free speech is a value which Americans cherish more than safeguarding the rights of victims of hate speech, as the US Supreme Court 8-1 decision in the matter of Snyder v. Phelps clarified.

 

A Supreme Victory for Armenians and Genocide Studies Students

In Turkey, it is a crime to speak freely about the Armenian Genocide. Ironically, Turkish-rights groups tried to use the First Amendment of the U.S. Constitution (free speech) to deny the Armenian Genocide in U.S. school textbooks. My Jewish friends would call that chutzpah.

High court declines case on genocide lessons – Armenian groups applaud decision
The Boston Globe | January 21, 2011