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Theriault: The Global Reparations Movement And Meaningful Resolution

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  • Theriault: The Global Reparations Movement And Meaningful Resolution

    THERIAULT: THE GLOBAL REPARATIONS MOVEMENT AND MEANINGFUL RESOLUTION OF THE ARMENIAN GENOCIDE
    By: Henry Theriault

    The Armenian Weekly
    April 2010 Magazine
    Thu, May 6 2010 |

    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 report formally in a
    public event at George Mason University's Institute for Conflict
    Analysis and Resolution in Arlington, Va.
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