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21 July 2008

European Armenian Federation Relays Community Concerns to Incoming European Union President

Turkey’s Membership Application; Genocide Denial Urged to be Key Priorities in Sarkozy’s EU Agenda

BRUSSELS—The European Armenian Federation for Justice and Democracy outlined key European Armenian priorities to French President Nikolas Sarkozy, as he began his six-month tour as President of the European Union.

In a letter sent earlier this month, the European Armenian Federation addressed the EU’s policies toward Turkey and the South Caucasus, as well as concerns related to genocide denial and racial hatred in EU member-States and within the applicant countries.

In discussing Turkey’s membership application to the EU, the letter stated that "the well-oiled accession process is moving forward without concrete steps by Turkey to enact reforms, as has been the will of the European people. . . this signals leniency from European institutions toward severe shortcomings of this candidate country."

The European Federation called on Sarkozy to "express his opposition to Turkey’s membership until they meet the required conditions for applicant countries."

In the letter, the European Federation called the recognition of the Armenian Genocide a "moral, legal and political" obligation, which would signal Turkey’s willingness to part ways with its "aggressive state doctrine stemming from an ideology which disappeared in Europe at the end of World War II."

The Federation commended the ever-increasing integration of Armenia and its region within European structures and called on the French presidency to support programs such as the European Neighborhood Policy. The letter also called EU efforts for direct dialogue with South Caucasus nations a "good strategic choice for Europe."

Turning to domestic EU policies, the Federation urged Sarkozy to honor his 2007 presidential campaign pledge of fostering "the emergence of a European consensus" on the pan-European penalization of genocide denial, in the agenda of the then-to-be-adopted EU Framework-Decision fighting "against racism and xenophobia".

"At the time, we worked with the European Commission, Council and Parliament to promote the inclusion of the Armenian Genocide in the final wording of this Framework Decision; Today, we have succeeded in doing so," said Hilda Tchoboian, chairperson of the European Armenian Federation.

Referencing the draft law on penalizing Genocide denial, pending in the French Senate, the Federation urged Sarkozy to honor his pledge and create mechanisms for the adoption of similar legislation in the other 26 EU member-states.

"In a nutshell, we ask the French Presidency to provide political and legal content to its ’Protective Europe’ concept, in reinforcing prevention and penalization measures against the proliferation of genocide denial in Europe," concluded Tchoboian.

The European Armenian Federation for Justice and Democracy said that it took the opportunity of the EU French presidency (July to December 2008) to draw the attention of M. Sarkozy, the French president and the new President of the EU, on the expectations and concerns of the European Armenian citizens.

In a letter sent on the 3rd July, the European Armenian Federation addressed the big EU policies toward Turkey and the South Caucasus (Enlargement, European Neighbourhood Policy, and Black Sea Synergy) and, on the other hand, those related to genocide denial and racial hatred in the EU member States and in the applicant countries.

About the Turkish problem, the Federation noticed in its mail that “the well-lubricated accession process steps forward without discontinuation, in contempt of the sovereign will of the European People as despite the refusal by Turkey to reform itself” and that this gives evidence of “a given leniency of the EU institutions towards the severe shortcomings of this candidate country”.

Therefore, the Federation calls upon the new EU President to « shape its opposition to Turkey’s accession in clearly stating the unavoidable conditions that this country must fulfil”, among which the requisite acknowledgment of the Armenian Genocide.

Terming this recognition a “moral, juridical and political” obligation, the Federation said that such a momentum would be “emblematic” and would give evidence that Turkey can break her “aggressive State doctrine stemming from an ideology which disappeared in Europe since the end of World War II”.

« About the EU policy toward the South Caucasus, the Federation commends the “ever-increasing integration” of Armenia and its region in the European multilateral cooperation structures. It calls upon the French presidency to support the “Eastern dimension of the European Neighbourhood Policy” (ENP-Est) and the EuroNest Parliamentary Assembly project. It terms as a “good strategic choice for the EU” the direct dialog with the South Caucasus states rather than “through structures involving other regional players”.

Tackling the EU Home policies, the Federation recalls the written pledge of presidential candidate Sarkozy (letter sent at the Federation on the 13 mars 2007) “to foster the emergence of a European consensus” on the pan European penalization of genocides denials, in the agenda of the then-to-be-adopted EU Framework-Decision fighting “against racism and xenophobia”.

“During the elaboration period of this project, we worked with the European Commission, Council and Parliament to promote the inclusion of the Armenian Genocide in the final wordings of this Framework Decision; Nowadays, we have succeeded”, revealed Hilda Tchoboian, the chairperson of the European Armenian Federation. Recalling the French draft law on penalising denial « pending in the Senate”, the Federation urges President Sarkozy to keep this provision of the Framework Decision without restricting its scope, when it will be transposed in the French legislation, and to promote during the French presidency, a similar attitude for the transposition in the legislations of the 26 other member States.

“In a nutshell, we ask the French Presidency to give a political and juridical content to its “Protective Europe” concept, in reinforcing the prevention and penalization measures against the genocide denial proliferation threat in European” concluded Tchoboian.

P.S.

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Lettre envoyée par le Président Sarkozy à la FEAJD

The letter sent to President Sarkozy original version in French

Mr. Nicolas Sarkozy President of France President of the European Union

Monday, July 7th 2008

Mister President,

Allow us to congratulate you for the Presidency on the European Union which France has just started under your aegis. This major event is an occasion to share with you again our aspirations and our concerns, as we did at the beginning of 2007. The European Armenian Federation is a Pan European organisation established under French Law. Its aim is to represent the European citizens with Armenian origin in the Union’s institutions and beyond them, to all those who identify themselves with the European values, since in the past, the absence of these values were so disastrous to the Armenian people. Our mandate naturally leads us to consider with singular attention firstly, the questions of denial and racial hatred in the Member States and the applicant countries, and secondly, the Union’s policies towards Turkey and the South Caucasus such as the Enlargement policy, the European Neighbourhood Policy or the Black Sea Synergy. Regarding Turkey’s integration into the EU, we understand that your fundamental opposition to the accession is based upon geographical and civilisational considerations, and this whatever the criteria is proposed by the European institutions. However, we, as European citizens, note with concern that the opposition of France to this accession is not translated effectively into acts by the European institutions. Today, in spite of the fact that efforts are made to block the regular opening the fundamental chapters of the negotiations, other chapters are systematically being opened. Overall, the “well oiled” machine of accession is advancing without stopping, and this in contempt of the sovereign will of the European people and in spite of the refusal of the Turkish State to reform itself. The European reality is marked by a certain complaisance on the part of the Union institutions and towards the serious failures of the applicant country. Thus, Turkey’s recognition of the Armenian genocide which the European Parliament has mandated since the beginning of the negotiations process as essential to accession is the subject of an inadmissible circumvention by the Commission and the Council. At the same time, the 14 years blockade imposed by Turkey on the small Republic of Armenia is hardly evoked. In this situation, one is compelled to note that to date, Turkey’s denial and arrogance are justifiable and have the right over the European founding values.

The recognition of the genocide is necessary as a political act of civilization and of values. We expect from the French presidency that it declines its opposition to Turkey’s accession by stating the obligatory conditions that this country must fulfil within the framework of its reforms with regard to Human rights: Recognition of the Armenian genocide, Recognition of Cyprus, Recognition of the civil, cultural and political rights for its minorities. In fact, those are the emblematic acts that would unambiguously demonstrate that Turkey could break away from its doctrine of an aggressive State which is based on an ideology which has disappeared in Europe since the Second World War.

Mr President, at this very moment, the genocide denial by the Turkish State and its racist views are penetrating Europe in all impunity. Thus, it is equally essential to progress on the ways and means to repress that danger. In this respect, we again draw your attention to the EU framework-decision project regarding the war against racism and xenophobia. This project that should be adopted by the Council explicitly demands the penalization of “the public apology, the negation or the coarse vulgarizing of the crimes of genocide, crimes against humanity and war crimes, as defined in articles 6,7 and 8 of the Statute of the International penal court […]”. In your mail dated from March 13, 2007 you had assured us that you wish to see the framework-decision adopted in a wording that does not exclude the Armenian genocide from the field of the penalized denials. You had promised to endeavour “to support on this point the emergence of a European consensus, which does not exist at this stage”. Since then, the European Council has taken the decision on a formulation which indeed includes the case of the Armenian genocide (11522/2007, article 1-1-c). The transposition of the framework-decision is obligatory for the Member States and the result to be achieved are binding. The States are left free with regard to the form and means they reach their results. In view of the French recognition of the Armenian genocide by the law of January 18, 2001, and your commitment to include it in the scope of the penalized denials, we would be grateful to you for doing all which is necessary in order that the relativisation, the vulgarization and the negation of this Crime against Humanity is fully integrated in the adaptation of the framework-decision in the French legislation and as part of the fight against racism and xenophobia.. The context appears particularly favourable with the progress of the bill aiming at penalizing the negation of the Armenian Genocide, which is currently on standby for examination by the Senate: To put the bill on the Senate’s agenda and to support its adoption would allow the anticipated transposition of the framework-decision and strengthen the concept of “Europe protection” which is the objective you wished to trace for the French Presidency. By this initiative, France could also encourage other member States not to erroneously limit the scope of their decision during transposition in their national law: We would wish that Paris actively use its influence with its European partners in order they make the same provisions and banish effectively all cases of denying crimes against Humanity, including the Armenian genocide, from the whole of European Union territory. Finally, prohibition of genocide denial is explicitly included in the mandate given to the European Fundamental Rights Agency.

Regarding the Union foreign policies, we follow with interest the debate on the Eastern and Southern dimensions of the European Neighbourhood Policy (ENP). Even if future accessions are far from being possible, we are delighted by the more and more intensive integration of Armenia in the European multilateral structures of cooperation. This is obviously advantageous for Armenia but it also appears to us that it is the strategic good choice for the Union: a direct dialogue between the Union and its 6 eastern neighbours will be a better tool for the promotion of the European regional interests than through structures implying other regional powers. This is why we would like that France supports, under its presidency but also under the following presidencies, the ENP-East initiative as well as the complementary project of a joint Parliamentary Assembly EuroNest. We remain at the entire disposal of your permanent representation for any initiative that you would judge relevant in this respect. We thank you for your attention. Respectfully Yours,

Hilda Tchoboian Chairperson.