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FRANCE'S ARMENIAN GENOCIDE BILL THREATENS FREE SPEECH, SAYS AMNESTY
Ekklesia
http://www.ekklesia.co.uk/node/16157
Jan 26 2012
UK
A bill passed by the French Senate would violate freedom of expression
by making it a criminal offence to publicly question events termed as
"genocide" under French law, Amnesty International has said.
In 2001, a French law officially declared that the mass killings
and forced displacement of Armenians in the Ottoman Empire in 1915
constituted a genocide.
The new bill would impose up to a one-year jail sentence and/or a
~@45,000 fine on anyone found guilty of "outrageously" questioning
or trivialising such events.
"This bill, if implemented, would have a chilling effect on public
debate and contravene France's international obligations to uphold
freedom of expression," said Nicola Duckworth, Europe and Central Asia
Director at Amnesty International. "People should be free to express
their opinions on this issue - in France, Turkey and elsewhere."
Turkish authorities have consistently denied that what took place
in 1915 was an act of genocide. People in Turkey who contest that
official version of the events have been prosecuted, in violation of
their right to freedom of expression.
The European Court of Human Rights has repeatedly held that freedom
of expression applies not only to inoffensive ideas, "but also to
those that offend, shock or disturb the State or any sector of the
population".
International human rights law allows for restrictions on the exercise
of freedom of expression if necessary and proportionate for certain
specific purposes including respect of the rights or reputations of
others or to protect national security or public order.
Amnesty International says it believes that neither of these applies
in this instance, and the new legislation would criminalise the
exercise of freedom of expression that is seen as "outrageously"
contesting or trivialising historical events or their characterisation.
International human rights law also obliges states to prohibit advocacy
of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence.
But while the French authorities claim the law would implement EU
guidelines aimed at combating racist or xenophobic speech that is
"likely to incite violence or hatred", the new bill does not mention
such incitement as an element of the types of expression that will
be prohibited, and France already has in place legislation which
prohibits such incitement.
"The real issue at stake with this bill is not whether the large-scale
killings and forced displacement of Armenians in 1915 constituted a
genocide, but the French authorities' attempt to curtail freedom of
expression in response to that debate," stressed Nicola Duckworth.
"French authorities are failing to comply with their international
human rights obligations."
* Ekklesia has shared a concern that the truth of the Armenian
Genocide - a quite distinct issue from the appropriateness
or otherwise of this French law - should be known. Our news,
comment, research and resources on the issue can be accessed here:
http://www.ekklesia.co.uk/armeniangenocide
Ekklesia
http://www.ekklesia.co.uk/node/16157
Jan 26 2012
UK
A bill passed by the French Senate would violate freedom of expression
by making it a criminal offence to publicly question events termed as
"genocide" under French law, Amnesty International has said.
In 2001, a French law officially declared that the mass killings
and forced displacement of Armenians in the Ottoman Empire in 1915
constituted a genocide.
The new bill would impose up to a one-year jail sentence and/or a
~@45,000 fine on anyone found guilty of "outrageously" questioning
or trivialising such events.
"This bill, if implemented, would have a chilling effect on public
debate and contravene France's international obligations to uphold
freedom of expression," said Nicola Duckworth, Europe and Central Asia
Director at Amnesty International. "People should be free to express
their opinions on this issue - in France, Turkey and elsewhere."
Turkish authorities have consistently denied that what took place
in 1915 was an act of genocide. People in Turkey who contest that
official version of the events have been prosecuted, in violation of
their right to freedom of expression.
The European Court of Human Rights has repeatedly held that freedom
of expression applies not only to inoffensive ideas, "but also to
those that offend, shock or disturb the State or any sector of the
population".
International human rights law allows for restrictions on the exercise
of freedom of expression if necessary and proportionate for certain
specific purposes including respect of the rights or reputations of
others or to protect national security or public order.
Amnesty International says it believes that neither of these applies
in this instance, and the new legislation would criminalise the
exercise of freedom of expression that is seen as "outrageously"
contesting or trivialising historical events or their characterisation.
International human rights law also obliges states to prohibit advocacy
of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence.
But while the French authorities claim the law would implement EU
guidelines aimed at combating racist or xenophobic speech that is
"likely to incite violence or hatred", the new bill does not mention
such incitement as an element of the types of expression that will
be prohibited, and France already has in place legislation which
prohibits such incitement.
"The real issue at stake with this bill is not whether the large-scale
killings and forced displacement of Armenians in 1915 constituted a
genocide, but the French authorities' attempt to curtail freedom of
expression in response to that debate," stressed Nicola Duckworth.
"French authorities are failing to comply with their international
human rights obligations."
* Ekklesia has shared a concern that the truth of the Armenian
Genocide - a quite distinct issue from the appropriateness
or otherwise of this French law - should be known. Our news,
comment, research and resources on the issue can be accessed here:
http://www.ekklesia.co.uk/armeniangenocide