Friday, 2 April 2010

House of Lords Debate - 29 March 2010‏


An important short debate took place in the House of Lords on 29 March 2010
on a motion tabled by Baroness Cox: to ask Her Majesty's Government whether
they will reconsider their position with regard to the recognition as genocide
of the events in Armenia from 1915 to 1917.

The official record of the debate, in the attached Hansard extract, is an invaluable
read for those who want to know about current policy and thinking in UK political
circles.

In summary, Baroness Cox spoke forcefully and achieved her objective of getting the
Armenian Genocide and the latest arguments “on the parliamentary record”.
Pleasingly she was able to use new material drawn from Geoffrey Robertson QC’s
legal opinion initiated by the Armenian Legal Initiative Group. Lord Avebury spoke
about dealing with a Turkish parliament that requested that the Blue Book be disowned
by Britain but subsequently would not get into a dialogue (because the letter to them
was not signed by every parliamentarian), Lords Hylton was in support, Lord Wallace
sat in the cross-bench middle in a way that did not add to advancing the matter, and
Baroness Rawlings made a very thoughtful speech with direct questions to the
government.

On the other side, we had Lord Maginnis of Drumgloss, Lord Kilclooney and Viscount
Waverley with depressing statements that’ these are events that took place 100 years
ago’ implying that they are of no consequence today, Britain should deal with the more
relevant Karabagh refugee problem created by Armenia, resolutions such as this will
not help Turkey-Armenia relations, ’Armenia does not have clean hands either’, ‘we
should not alienate our Turkish friends’ through to querying why should the UK get
involved at all.

Baroness Kinnock gave the government response showed some shift in their position
but also that Britain will not condemn the genocide. This is best illustrated by the letter
received by the Armenian Legal Initiative Group from the office of the Secretary of State
John Denham (with the title that included “Armenian massacres”):

I would like to reaffirm the message in my last letter that the UK Government
recognises the tragic suffering of the Armenians living in the Ottoman Empire in
the early 20th Century. The position of the Government is to continue to work for
rapprochement and reconciliation between Turkey and Armenia.

During a debate in the House of Lords on Monday 29 March, Baroness Kinnock
explained "Geoffrey Robertson concluded that while the 1948 UN Convention on
Genocide could not be applied retrospectively, the term genocide should be
applied to the Armenian massacres. Genocide is a precise term and its use is
best assessed by a competent court. However, then as now, there is no court with
the authority to make such an assessment. Therefore, it is inappropriate for the
British Government to apply the term to events on which no legal judgment can be
made."

She went on to explain that "The Government reject any suggestion that Parliament
has been misled, but I will also make it perfectly clear that Ministers, not officials,
are responsible for the statements that they make to Parliament".

The UK Government will continue to encourage both Turkey and Armenia to build
on recent progress to address these issues together.

The argument that only a court can address the issue of genocide is a change in tactic
that does not recognise that this has not deterred so many other countries and
organisations – but (they hope) lets the British government off the hook. Ministerial
responsibility has been thrown into question when the QC demonstrated that ministers
faithfully followed the brief prepared by their officials without any seeking any expert
input, analysis or evidence. Leaving the issue to bilateral political contacts between
Armenia and Turkey is a way for the disinclined to avoid addressing the issue of
genocide, a responsibility that goes beyond state boundaries and administrations.
The British government is apparently working towards rapprochement but in a way
that is not visible nor measurable.

Though old arguments have been discredited and are no longer made, the bottom line
is that British policy has not changed in a fundamental way and the government continues
to deploy weak and unconvincing arguments.
For those who are interested, the letters already sent follow the end of the email. Any
further representations to Her Majesty’s Government by organisations and individual
from anywhere in the world is welcome as there is still a mountain to climb.
Those with a UK address are reminded that the Downing Street e-petition on the
Armenian Genocide (http://petitions.number10.gov.uk/genocide2010/ ) has a cut-off
deadline of 24 April. So far the number of signatures (550) will require a government
response but does not signal to Whitehall that the UK community and its friends are
truly behind recognition.

Letters
Dear Baroness Kinnock

The Armenian Legal Initiative Group that initiated the project culminating in Geoffrey Robertson’s legal
opinion on the Armenian Genocide was represented in the House of Lord’s debate on 29 March when
you responded on behalf of the British Government.

We would first like you to know, and please pass this on to those who prepare policy on this issue,
that we were particularly saddened that the British Government felt unable to send a representative
to the Temple of Peace Memorial. At this time, we will be praying for all those souls who lost their
lives so brutally during the Armenian Genocide. You were concerned that it would send the wrong
signals. We have to tell you that the message this gives is the British Government does not have
the basic humanity to be associated even with an act of remembrance, and in so doing appears to
support the denial of genocide. A drop of real understanding and kindness in the cold corridors of
Whitehall may have warmed our hearts but this is replaced by hurt.

Secondly, we notice that in your speech you rejected Geoffrey Robertson QC’s assertion that the
British Parliament has been misled and there were no rebuttal of any of the arguments he makes.
We had already asked Secretary of State John Denham for his reasons for rejecting the opinion and
he quotes in a letter received today your 29 March “one-liners” for the need of an appropriate court,
a point that has not deterred so many other countries. It is not at all satisfactory to reject a
well argued detailed report without any counter points in kind that can be put to the QC or any other
authority. We therefore consider that the British Government has not made a case against this legal
opinion and it therefore stands as solid.

The commemorations of 24 April when we remember the dead come up in three week’s time, and
the speeches and articles will mention the British in these terms. This will disturb our community in
the UK, and when eventually this country recognises the genocide as it will have to, it will get little
credit for this.

Yours sincerely

Viscount Waverley
My Lord

The Armenian Legal Initiative Group initiated the project which gave rise to Geoffrey Robertson’s legal
opinion on the Armenian Genocide. We also heard and read your intervention in the debate initiated
by Baroness Cox on 29 March in the House of Lords Grand Committee Room.

We note that there was no response to the arguments in this document either from yourself or from
any of your colleagues. We therefore believe that the case made by this eminent jurist remains solid
and still stands.

We also note the argument that events of nearly 100 years ago are best not brought up, even though
they poison present politics to such a great extent. We believe that any relationship that is not based
upon trust and requires a pre-condition to forsake the memories of the victims of 1915 will not be a
lasting one. We ask you to approach this issue in the spirit of Baroness Kinnock’s request that

"We must all work together to ensure that we see the progress that will be essential to bring consensus
and closure to the tragic history that the two countries are grappling with. I hope that noble Lords, who
have great interest and commitment, can assist with that."

Additionally, there is a positive step you could take with your good offices and your connections in
Azerbaijan. Could you please advocate to their President to respond positively to the request of the
Armenian President that the two countries sign a treaty of non-aggression with each other, and call
on the Turkish President to persuade the Azeri President as to the benefits of such a step. Your
contacts with these two administrations should help to achieve this essential confidence-building
step towards peace in the South Caucasus and the eventual establishment of relations between the
two neighbours.

Yours sincerely

No comments: