Posts Tagged ‘Armenian Genocide’

“Legal Violence” against Turkish journalists, writers and academics: the arrest of Ragıp Zarakolu and Büşra Ersanlı

Sunday, October 30th, 2011

There’s no good news and then there’s slightly better news.

Bad news: It’s not been a good week for Human Rights activists and journalists in Turkey, especially those who find themselves on the wrong side of the government’s official position on the rights of Kurds and other minorities.

Over the last week, Ragıp Zarakolu, a Turkish Human Rights activist. publisher and PEN International’s local “Writers in Prison” committee chair and Büşra Ersanlı, a noted Political Scientist at Marmara University and leader of the a liberal Turkish political party were rounded up with nearly 70 other politicians, journalists, students, trade unionists and community organizers.   Indeed, earlier this month Ragıb’s son Deniz, a Ph. D. student at Biligi University had been arrested after giving a lecture. Most, like Ersanlı are associated with various Turkish progressive NGOs including the Barış ve Demokrasi Partisi (Peace and Democracy Party) The Turkish government alleges that they are linked to a terrorist organization, the Kurdistan Workers Party (PKK) through its civilian wing, the Union of Kurdistan Communities (KCK).  7748 people have been arrested as a consequence of the government’s campaign over the last three years – most in the last 30 months. The arrests and prosecutions have been criticized by both Turkish and international human rights organizations like Human Rights Watch.  Among those arrested under nebulous terrorism laws were mayors, delegates to regional assemblies and parliamentary candidates primarily from cities and towns in Turkey’s Kurdish dominated southeast.

Ragıb Zarakolu

The BDP is a legal Turkish political party.  Any link to the PKK is nebulous at best – this isn’t Sinn Féin and the IRA.  What’s happening is just a witch hunt and another moment where the [ab]use of terrorism legislation to destroy a peaceful political opposition is taking place.  In the old days, repressive governments accused their opponents of being tools of Western imperialism, Leftists, Zionists, (or in the case of the remarkable Argentine newspaper editor, Jacopo Timerman, “Leftist Zionist.” BTW my Human Rights students read his Preso sin nombre, celda sin número and it has been a very successful prompt for in class discussion).

The Turkish government’s efforts should be understood as a brutal attempt to reverse the actual and possible electoral gains of a progressive, pro-Kurdish rights political movement through trumped up political and thought-crime prosecutions.  It’s probably also related to heightened tensions in Turkey as it renews its attacks against the PKK across the border into Iraqi Kurdistan.  Nevertheless, these mass arrests, which have a kind of retro feel to them, represent a giant step backwards for human rights and a pluralist political future for a European Union applicant state.  It is also a reminder, if one really needed one, that despite immense gains in Turkish civil society for the promotion of human rights, the recognition of the cultural rights of minorities and a coming to terms with the violent and genocidal history of Anatolia, that a ultranationalist vision of Turkey still prevails, even under Islamist governments like that which currently rules the country, and that the state will use all the coercive means in its power to protect that vision.

In a minor victory against that vision, the European Court of Human Rights (ECtHR) recently ruled in favor of Taner Akçam, who holds the Mugar Chair in Armenian Genocide History at Clark University.  Akçam had brought suit against the Turkish government at the court for violations of his human rights, in particular Article 10 (Freedom of Expression) of the European Convention of Human Rights.

According to the decision:

The Court found that there had been an “interference” with Mr Taner Akçam’s right to freedom of expression. The criminal investigation launched against him and the Turkish criminal courts’ standpoint on the Armenian issue in their application of Article 301 of the Criminal Code (any criticism of the official line on the issue in effect being sanctioned), as well as the public campaign against him, confirmed that there was a considerable risk of prosecution faced by persons who expressed “unfavourable” opinions on the subject and indicated that the threat hanging over Mr Taner Akçam was real. The measures adopted to provide safeguards against arbitrary or unjustified prosecutions under Article 301 had not been sufficient.

Turkey’s Article 301 criminalizes anything (speech, writing, art) that insults the Turkish Nation or the Republic of Turkey and is generally used to suppress the public discussion of issues like the Armenian Genocide.  Akçam’s victory underscores how threats of “legal violence”against dissidents, academics, journalists and students authorized by Article 301 has a powerful chilling effect and ultimately violates their basic human rights.

During the last several years, Turkish American organizations have used similar tactics, including the threat of lawsuits and indeed actual lawsuits against scholars, school districts and at least one university with whose scholarship on genocide and the promotion of its denial they disagree.  This includes a case brought by the Turkish Coalition of America against the University of Minnesota’s Center for Holocaust and Genocide Studies.  The case was dismissed but not before it used up resources and time and generally made miserable the brave interim director of the center, Professor Bruno Chaouat. The University of Minnesota understood that it was worth it to fight for Chaouat’s academic freedom, but also to protect all of us against the spread of the kinds of human rights violations that are too commonplace in contemporary Turkey.

Turkey’s Minorities – Between Human and Group Rights – Vestiges of the League of Nations

Friday, September 2nd, 2011

In a footnote to the previous post on the role of human rights in the history of the League of Nations, over the last week the government of Turkey has agreed to return property seized during the last 80 years from Christian and Jewish foundations to head off losing in the European Court of Human Rights (ECtHR).   Turkish human rights lawyers had brought suit against Turkey on behalf of various Christian and Jewish foundations that had had their property seized (orphanages, churches, hospitals, schools, &c.) by successive Turkish governments.  The lawyers argued that this was a violation of their minority rights as outlined in the 1923 Treaty of Lausanne, which recognized the Republic of Turkey and ended the foreign occupation of Anatolia. The Turkish government had lost cases like this before and Prime Minister Erdogan is a cagey politician who understands that the multi-billion Euros this settlement (which only returns a fraction of the properties expropriated from non-Muslims) entails is a small price to pay for further integration of Turkey into Europe.

The Greek Orthodox Halki Theological School in Istanbul (closed in 1971).

For me what is interesting about this case is how 1920s-style “minority rights” have been transformed into “human rights.”  This constitutes a move from merely recognizing the specific and conditional rights of non-Muslims to own property through collective foundations to a general statement of their human rights.

“Minority rights” in this sense are group and not individual rights, something that contrasts with the fact that human rights are often understood as being borne by the individual.  There are vestiges of group-rights thought and practice in contemporary human rights thinking – the best example of the blending of group and individual rights is seen in the common understanding of the crime of genocide: the crime is a series of human rights violations (child transfer, rape, murder) that is cumulatively a crime against a people (genos) or even nation, in the old-fashioned sense.

What this case also highlights is how nation-states in the 1920s and 1930s could pick and choose what constituted a minority. According to the Treaty of Lausanne, minority for the new Republic of Turkey meant only non-Muslims and this has been Turkish government dogma since.  In the treaty no ethnonyms were employed to define who or what the minorities were.  This silence or even erasure is critical to understanding Turkish (anti)ethnic politics over the last century and how this ideology remains a serious challenge to the promotion of human rights in that country.

Certainly, years of discrimination and brutality against Turkey’s non-Muslims – 130,000 Armenians, Greek Orthodox, Assyro-Chaldeans, Catholics and Protestants and 25,000 Sephardic Jews — are a potent symbol of the problematic nature these politics.

But a much more important issue is the reality that Turkey’s Muslim population is ethnically diverse.  Of a population of nearly 70 million, non-Turks make up 20 million.  These are Kurds, Laz, Arabs, descendents of Muslim immigrants from the Balkans and the Caucasus; not counted are the perhaps 1,000,000 grand- and great-grand-children of Armenian women and girls enslaved during the Armenian Genocide who had children by Muslim men.

These minorities, who often represent, like the Kurds, majorities in parts of Turkey, have no official recognition and indeed, the Turkish state doesn’t produce any demographic data on ethnicity in Turkey. Enforcing the homogenization of  a country that diverse has been at the root of some of Turkey’s worst human rights abuses in the past – from press censorship to extra-judicial killing.

Further Reading:

Anneannem: Anlatı (Istanbul, 2004); English trans., My Grandmother (London, Verso: 2008).

Carole Fink. Defending the Rights of Others: The Great Powers, the Jews, and International Minority Protection. New York: Cambridge University Press, 2004.

And Aimee Genell’s review

Pablo de Azcárate, League of Nations and National Minorities: an Experiment (Washington, D.C.: Carnegie Endowment for International Peace, 1945)

The League of Nations and the Question of Human Rights

Tuesday, August 30th, 2011

Now back in Davis.

I have just returned from the first major international conference on the League of Nations in over 30 years.  Held at the Graduate Institute in Geneva, the conference, entitled, “Towards a New History of the League of Nations,” brought together scholars from around the world to deliver papers on various aspects of the history of the League. Unlike the previous conference – and reflecting a broader generational change in how historians approach transnational institutions and movements – the papers did more than look at how the League failed to prevent World War II and instead examined topics including its work in public health programs, economic agreements, the trafficking of women and children, and its humanitarian projects around the world.

I was part of a panel on humanitarianism and I presented some of my research on the League’s humanitarian work on behalf of the post-Genocide Armenian community in the Middle East.   This work is drawn from a book I am writing, Bread from Stones: The Middle East and the Making of Modern Humanitarianism, which will be published by the University of California Press.

The Armenians had faced genocide at the hands of the Ottoman Empire during the war, and had been promised a state in the series of treaties at its end, the borders of which were determined by Woodrow Wilson.  These promises were abandoned in the face of the rise of the modern Republic of Turkey and the Soviet Union and Armenians were left stateless and scattered in refugee camps, orphanages and shantytowns throughout the Middle East.

Wilsonian Armenian

I placed this statelessness and dispossession in the context of the League’s ongoing commitment to the Armenian Nation — a nation without a state — and what it did to help that nation survive.

The paper was also part of a larger discussion going on at the conference and throughout the field on the history of human rights in the 20th Century spurred, in part, by Samuel Moyn’s recent book The Last Utopia. Moyn, emphasizes that human rights as a full-blown ideology in which the rights of individuals exist in a space beyond the state instead of within its legal and moral interstices is of recent origins, the late 1970s in particular and has since the end of the Cold War moved from a political struggle to an ideal and even utopian project considered as beyond politics. Moyn is not without his detractors.

Read the paper

Where then to place the League’s various humanitarian projects, its concern for the “rights of minorities” and its commitment to women and children all of which seem to embody a human rights-based or at least informed reaction to prevailing and historic incidents of inhumanity?  This is especially so as in retrospect, these projects appear to have laid the groundwork for contemporary elements of modern human rights law and action, especially for refugees.

I argued:

Where it is correct to conclude that modern humanitarianism and human rights share conceptions of humanity, it may be too much to assert that they are branches of the same tree. Interwar modern humanitarianism sought to addressed the root causes of human suffering; as defined in the moment, human suffering was not necessarily conceptualized as a rights violation, but rather was constituted more often on other bases. And while contemporary human rights theory includes the possibility that the violation of human rights is a form of suffering, the interwar understanding of why certain categories of people should or should not receive international humanitarian assistance often had very little to do with their human rights per se, and instead usually had more to do with their ethnicity, religion, citizenship and utility to states and ideologies. This conclusion does not exclude the fact that individuals and groups within the working environment of the field of humanitarianism were engaged in forms of struggle, political and otherwise on behalf of universalizing individual rights and limiting the sovereignty of states; and, that these thinkers and activists have discernible roles in the content of the debate that carried over in the post-WWII era and contributed to the broader formal iteration of human rights idealism.  Indeed, it is critical to understand how both individual thinkers and elements of the institution —frustrated with the scope of interwar humanitarianism and the multifaceted failures of a haphazard system of group rights that emphasized membership in national communities —shaped later human rights discourse.  Yet most importantly, any history of interwar League of Nations’ humanitarianism cannot lose sight of the fact that in theory and practice, it neither challenged nationalism nor colonialism, but rather was articulated with both and often worked to extend the reach of each.

But my view contrasts with the observations made during the conference by the British scholar of International Relations, Barbara Metzger, who has looked at many of the same archives and sources I have and has concluded something slightly different: Namely that the humanitarian work of the League was framed by human rights in practice.  I think what is important in her work and what needs to be explored further by human rights historians is how international organizations like the League in working on behalf of refugees, displaced people, trafficked women and children were implementing the practical foundations of the work of human rights. A too narrow focus on the ideological underpinnings of that work ultimately misses the point that after WWI, the international community had, in a very meaningful way, adopted practices (imperfectly and incompletely implemented) that insisted upon the universality of a core of human entitlements-cum-rights that among other things, people not suffer during war, arbitrarily lose their citizenship or be sold across borders.

These kinds of debates and discussions help make human rights history an interesting and important new field.

For some more contrasting views on human rights and the League see:

Jan Herman Burgers, “The Road to San Francisco: The Revival of the Human Rights Idea in the Twentieth Century,” Human Rights Quarterly, Vol. 14, No. 4 (Nov., 1992), 447-477, 451-454.

Mark Mazower “The The Strange Triumph of Human Rights, 1933-1950,” The Historical Journal, Vol. 47, No. 2 (Jun., 2004), pp. 379-398