LOUSSAPATZ 924 2012 03 03. - The Dawn

Email to : loussapatz@gmail.com

25, 1865 – 31, 1927

French Constitutional Council Rules Against Armenian Genocide Bill

Nicolas Sarkozy Orders to Draft New Law

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PARIS -- France's top judicial body on Tuesday rejected as unconstitutional a French National Assembly bill backed by President Nicolas Sarkozy to punish denial of the Armenian genocide claiming that it infringed on freedom of expression.

The Constitutional Council ruled that the bill passed by both houses of the French parliament amounts to an “unconstitutional infringement of the exercise of freedom of expression and commu- nication.”

“It is legitimate for the Parliament to institute indictments on abuse of the exercise of freedom of expression and communication that violate public order and the rights of others. However, the in- fringement of the exercise of this freedom -- which is a prerequisite for democracy and a guarantee of respect for other rights and freedoms -- must be necessary, appropriate and proportionate to the aim pursued,” the council said in a statement posted on its website.

The Turkish government, which has strongly condemned the bill and imposed sanctions on Par- is as a result, was quick to hail the development. In a written statement cited by Turkish media, Foreign Minister Ahmet Davutoglu said the decision set an important precedent. Davutoglu also thanked the more than 140 French lawmakers who challenged the bill’s legality at the Constitutional Council late last month.

Armenia's Foreign Minister Edward Nalbandian reaffirmed Yerevan’s strong support for crimi- nalizing Armenian genocide denial in an interview with the Austrian magazine “Der Standard” pub-

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licized earlier on Tuesday. He said the bill reflects “the view of all French people” and “can only be useful for the normalization of Turkish-Armenian relations.”

While the Council's ruling is final, Sarkozy vowed on February 1 that he would submit a new draft of the law if the Constitutional Council rejected it. According to reports, Sarkozy called for the new bill less than an hour after the first one was rejected by the council.

Anti-Armenian Protests in Turkey and Azerbaijan: "You Are All Armenian, You Are All Bastards"

Far right protest sign: "You Are All Armenian, You Are All Bastards"

More than 10,000 Turks have rallied in Istanbul on the anniversary of the liberation of Kho- jalu by Armenian forces during the Nagorno Karabakh liberation war in 1992.Azerbaijanis claim that hundreds of civilians were killed , in what they describe as "genocide," while fleeing the vil- lage

"This protest has been supported, promoted and financed by the [Turkish] Ministry of Foreign Affairs", said Guillaume Perrier, a correspondent for the French daily Le Monde.

The protesters, including members of labor unions and nationalist groups, staged a mass protest in Istanbul's Taksim square Sunday to denounce Armenia and express solidarity with Turkey's ally Azerbaijan.

Turkish Interior Minister Idris Naim Sahin made an impassioned speech at the rally. Sahin's remarks illustrated a prevailing sense of anger reigning among demonstrators who chanted slogans against Armenia. "Murderers, cowards spilled the blood of 613 people in Khojalu, including inno- cent women and children," Sahin said. "This bloodshed will not remain unpunished."

Some western journalists have been shocked by the strong sense of nationalism present in the protests.

"The violence of the slogans and fervor of nationalism are terrifying. A terrible image for Tur- key", said Perrier via the micro-blogging site Twitter, quoting one chant as, "You are all Armenian, you are all bastards", a disparaging manipulation of a phrase commonly used by supporters of slain Armenian journalist Hrant Dink.

Ultra-nationalist groups were reportedly distributing rolls of Sarkozy brand toilet paper, pro- duced and sold in Turkey shortly after the French Senate passed a bill outlawing denial of the Ar- menian genocide.

A similar protest also took place in Ankara. In Baku some 50,000 Azerbaijanis marched February 26 to commemorate the anniversary.

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Congressman Schiff Questions Secretary Clinton About Her Remarks onthe Armenian Genocide

WASHINGTO, DC -- Today, as Secretary of State Hillary Clinton testified before the House Appropriations Subcommittee on State-Foreign Operations, Congressman Adam Schiff (D-CA) expressed his strong concerns over remarks Clinton made last month, while speaking at a State Department presentation, in response to a question re- garding the Armenian Genocide.

Schiff conveyed that her mischaracterization of the Armenian Genocide was the cause of “much anguish” in the Armenian-American community, as well as for many human rights advocates. He was sharply critical of the comment by saying that “tragically this is in the line of the Turkish government.” Schiff’s comments follow a bipartisan letter that he and Representative Robert Dold (R-IL) spearheaded and sent to the Secretary.

Citing the voluminous U.S. record on the Armenian Genocide, including the U.S. filing before the International Court of Justice in 1951 that referred to the “Turkish massacres of Armenians” as an example of genocide, the 1981 proclamation by President Ronald Reagan which invoked “the genocide of the Armenians,” and both President Obama’s and Clinton’s statements as Senators, Schiff put the question bluntly of the Secretary of State whether she now held a “different view.”

Explaining that her comments were in reference to the French Parliament’s recent legislation on the Armenian Genocide, and thus should be viewed in that context, Clinton then restated the Administration’s position by referenc- ing President Obama’s several April 24 commemorative statements. Clinton also invoked Obama’s call for a “full, frank, and just acknowledgment.”

Returning to his point about the importance of clarity on the Armenian Genocide, Congressman Schiff re- minded the Secretary of the continuing consequences of delaying U.S. affirmation. He noted that the recent Ninth Circuit Court of Appeals decision overturning California legislation, which extended that statute of limitations to al- low descendents of survivors to bring life insurance claims for policies dating from the Armenian Genocide era, was due to the inability of the federal government to speak forcefully and truthfully as then-Senator Obama stated in 2008. The court’s decision effectively denied redress to the victims of genocide.

Representatives Jesse Jackson, Jr. (D-IL) and Steve Rothman (D-NJ) associated themselves with Congress- man’s Schiff’s remarks. In addition, Congressman Jackson expressed concern regarding the 18 percent across the board cut in the Europe and Eurasia account, which also impacts Armenia.

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9th Circuit Court Dismisses Armenian Genocide Victims Insurance Suits

SAN FRANCISCO (CN) -- A California law that allows state courts to hear insurance claims by victims of the Armenian genocide cannot stand, a full panel of the 9th Circuit ruled Thursday, finding that the statute intrudes on policy territory reserved for the U.S. government.

The decision by an 11-judge panel in San Francisco sealed the fate of a long-suffering class ac- tion for insurance benefits filed by survivors of the World War I-era slaughter of more than 1,500,000 Armenians living in the former Ottoman Empire.

California legislators passed a law in 2000 that gave victims until the end of 2010 to file insur- ance claims related to the mass extermination of Armenians in the Ottoman Empire between 1915 and 1923.

Referencing the little-used theory of “field preemption” or “dormant foreign affairs preemp- tion,” the judges found that section 354.4 of the law intrudes on the federal government’s exclusive right to handle foreign affairs.

“The existence of this general foreign affairs power implies that, even when the federal gov- ernment has taken no action on a particular foreign policy issue, the state generally is not free to make its own foreign policy on that subject,” Judge Susan Graber wrote for the unanimous panel. “Field preemption is a rarely invoked doctrine. Supreme Court jurisprudence makes clear, however, that field preemption may be appropriate when a state intrudes on a matter of foreign policy with no real claim to be addressing an area of traditional state responsibility.”

The ruling marks the third time the 9th Circuit has considered the issue, and it reverses a pre- vious panel’s revival of the underlying class action last year.

Since 2003, Vazken Movsesian and other Californians of Armenian descent have tried to use the law to win damages for bad faith, breach of contract and constructive trust from two German in- surers owned by Munich Re.

A federal judge who first heard the case rejected the insurance companies’ contention that the foreign affairs doctrine pre-empted the state law, but a three-judge appellate panel reversed, finding that it infringed on federal foreign policy. On rehearing, however, the panel found “no express fed- eral policy forbidding states to use the term ‘Armenian genocide,’” and reversed.

The court then agreed to rehear the issue before a full panel. That group reversed again and or- dered dismissal of the class action on Thursday.

“Section 354.4 expresses a distinct point of view on a specific matter of foreign policy,” Gra- ber wrote. “Its effect on foreign affairs is not incidental; rather, section 354.4 is, at its heart, in- tended to send a political message on an issue of foreign affairs by providing relief and a friendly forum to a perceived class of foreign victims. Nor is the statute merely expressive. Instead, the law imposes a concrete policy of redress for ‘Armenian Genocide victim[s],’ subjecting foreign insur- ance companies to suit in California by overriding forum-selection provisions and greatly extending

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the statute of limitations for a narrowly defined class of claims. Thus, section 354.4 ‘has a direct impact upon foreign relations and may well adversely affect the power of the central government to deal with those problems.’ Section 354.4 therefore intrudes on the federal government’s exclusive power to conduct and regulate foreign affairs.”

Turkey ‘Ready To Share Armenian Pain’

ANKARA -- Turkey is ready to share the pain of Armenians ahead of the 100th anniversary of the 1915 Arme- nian massacres in the Ottoman Empire, Turkish Foreign Minister Ahmet Davutoglu reportedly said late on Tuesday.

“We want to share the pain of those who are ready to share it with us,” Davutoglu was quoted as saying by Ana- tolia news agency in an interview with state-run television TRT Haber.

“It is necessary to keep channels open in order to share history,” he said in remarks cited by the AFP news agency.

Davutoglu did not say if Ankara could eventually acknowledge that some 1.5 million Ottoman Armenians were massacred during World War I in the first genocide of the 20th century.

Successive Turkish governments have for decades insisted that Armenians died in much smaller numbers and as a result of civil strife, rather than a premeditated government policy. Some Turkish leaders, notably Prime Minister Recep Tayyip Erdogan, have said that it was Armenians who massacred Turks.

Israel Sells Drones, Missiles to Azerbaijan

JERUSALEM -- Israeli defense officials on February 26 confirmed a deal to sell Azerbaijan drones, anti-aircraft and missile defense systems for some $1.6 billion.

Azerbaijan’s contract is with the state-run Israel Aerospace Industries. Israeli defense officials, speaking under condition of anonymity, said the deal had been in the works for some time and was not a response to Iran’s nuclear development program or recent attempts, allegedly by Iranian agents, to kill Israeli diplomats in India, Thailand, Georgia and Azerbaijan.

Israeli media reported late last year that there was a deal for Israel to sell 60 drones of two types to Azerbaijan and that in September 2011 there were discussions about joint Israeli- Azerbaijani construction of drones with missiles.

Also in September 2011, an Israeli-built drone with Azerbaijani Air Force markings was shot down over Nagorno-Karabkah by Armenia forces.

Iran’s Foreign Ministry earlier this month accused Baku of allowing Israel’s spy agency Mos- sad to operate in Azerbaijan, which shares, including the Naxchivan enclave, a border with Iran more than 600 kilometers long.

The news of Israel’s sale of the military equipment comes as tensions over Iran’s nuclear pro- gram are reaching critical levels.

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Armenian Parliamentary Elections Scheduled for May 6

YEREVAN -- President of Armenia has signed a decree on setting a date for Armenia’s forth- coming parliamentary elections. According to the decree, the election of the National Assembly is scheduled for May 6, 2012.

Although campaigning for the polls will not officially get underway before late March, the HHK and other major political forces are already gearing up for a parliamentary race that will have serious implications for next year’s presidential ballot.

The HHK faction in the current 131-seat National Assembly officially numbers 63 members. The presidential party is also backed by about a dozen nominally independent deputies.

Some Armenian opposition leaders have already accused the Republicans of planning to rig the upcoming vote. Armenia’s leading opposition groups saying that the pro-government majority in the National Assembly rejected radical changes proposed by the opposition minority. Those would, among other things, abolish parliamentary elections held in single-mandate constituencies.

The Electoral Code reserves 41 parliament seats for those constituencies. The remaining 90 seats are to be contested under the system of proportional representation.

The main opposition Armenian National Congress (HAK) has already warned that the authori- ties will face an anti-government “revolution” if they resort to vote rigging. “Either they will hold fair, transparent and legitimate elections or will thrust the country into upheavals,” Levon Zurabian, an HAK leader, said in late December.

Armenian Singers Call for Boycott of Eurovision Song Contest in Baku

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YEREVAN -- A group of well-known Armenian singers have released a statement addressed to the European Broadcasting Union and the Armenian Public TV Company saying they decline from participating in the Eurovision Song Contest-2012 to take place in Baku, Azerbaijan.

The statement comes after Armenia’s Defense Ministry reported late on Thursday that an Ar- menian conscript was shot dead by an Azerbaijani sniper in the North-Eastern province of Tavush.

“And this happens at a time when the mediators in the negotiation process of the Karabakh conflict have for several times called on the conflicting parties to withdraw snipers from the Line of Contact,” read the statement signed by several Armenian singers.

Further it mentioned that Armenia has always declared it is ready to withdraw its snipers, while “Azerbaijan, as we can see, not only does not accept the proposal but also takes advantage of every occasion to shed the blood of Armenians”.

“Under these circumstances we, the undersigned, are stating in public that we have the most se- rious reservation over Armenia’s participation in the Eurovision to be held in Baku,” the statement added.

“We refuse to perform in a country that is notorious for its mass killings and massacres of Ar- menians, a country where the anti-Armenian sentiment is part of the state policy, a country where ethnic Armenians are denied entry, even if they are citizens of other countries,” the statement add- ed.

Further, they called on Armenian Public TV Company to quit the idea of sending an Armenian participant to the contest, adding that they are ready to take part in it, should the European Broad- casting Union decide to hold the contest in another country.

ICG Calls for Facilitating Peace Agreement Over Karabakh

The International Crisis Group (ICG) has called upon the international community, in particu- lar the co-chairs of the Minsk Group to facilitate efforts towards reaching a comprehensive peace agreement over Nagorno-Karabakh.

In a statement issued on Monday, the Group has stressed the importance of facilitating the cre- ation of investigations mechanisms into ceasefire violation incidents on the Line of Contact and the protection of the civilians living nearby.

It also called for developing more on-the-ground confidence-building measures to enable an atmosphere of trust, including the promotion of civil society meetings between the Armenian and Azerbaijani populations of Karabakh.

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Report on the International Conference in Stepanakert, Nagorno-Karabakh

By George Bournoutian

STEPANAKERT -- Between February 17-19 an international gathering of historians, political scientists, inter- national lawyers and government officials took place in Stepanakert for a conference dedicated to the 20th anniver- sary of the independence of NKR. Emil Sanamyan of the Armenian Reporter and myself were invited from the US.

Most of the conference took place in the well-equipped main hall of the National Assembly of NKR with simul- taneous translation provided in Russian, English and Armenian. Participants came from Artsakh, Germany, the Neth- erlands, Poland, Russia, Armenia, United Kingdom and Greece.

Mr. Sanamyan presented his paper on “The Karabakh Conflict in the Context of National Issues,” and I gave a talk on the “1823 Russian Population Census of Karabagh as the Basic Argument Against Azerbaijan’s Historical Claims.” Both Mr. Sanamyan and I were also invited to speak to the students at the University of Stepanakert.

Among some of the three dozen interesting papers presented were “The Kosovo Precedent and the International Recognition Perspectives of the Nagorno-Karabakh Republic,” by Khachik Galstyan; “Legal-Political Analysis of the 1993 UN Security Council Resolutions on Nagorno-Karabakh by Hovhannes Nikoghosyan, “Statehood Criteria in Contemporary International Law: Their Application and the Nagorno-Karabakh Republic,” by Levon Gevorgyan; The Nagorno-Karabakh Issue in the Context of International Law,” by Shahen Avagyan; two papers on “Karabakh and the American Great Middle East Project,” by Stanislav Tarasov (Russia) and Mateusz Piskorski (Poland), and the activities of the AGBU in Artsakh; “Security Challenges in the South Caucasus and the Black Sea Region,” by James Nixey (UK); and “Strategy, Independence and Artsakh Constitution,” by Nikos Ligeros (Greece).

Having participated in numerous conferences throughout my career, I wish to congratulate the organizers for a well-organized conference, which despite the terrible weather and road conditions, managed to bring so many indi- viduals from faraway lands to Stepanakert. Their superb hospitality, trips to Gandzasar and the newly discovered Ti- granakert, as well as the special concert arranged for the participants left a magnificent impression of the capabilities and talents of this new republic. I sincerely hope that the presentation will be gathered and published in a separate volume.

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Dr. Sebouh Aslanian to Speak on New Julfa Armenians at Armenian Society of LA

LOS ANGELES -- Dr. Sebouh D. Aslanian, the Richard Hovannisian Term Chair of Modern Armenian History, established by the Armenian Educational Foundation at UCLA, will speak on Sunday, March 18, at 4:00 p.m., at the Armenian Society of Los Angeles Main Hall, 117 S. Louise Street, Glendale, CA 91205. The lecture, which is free and open to the public, will be cosponsored by the Armenian Society of Los Angeles, the Armenian Educational Foundation, the Ararat-Eskijian Museum, and the National Association for Armenian Studies and Research (NAASR).

Aslanian’s lecture, “From the Indian Ocean to the Mediterranean: The Global Trade Networks of Armenian Merchants from New Julfa,” will draw on his recently-published book of the same name, issued by the University of California Press.

From the Indian Ocean to the Mediterranean was selected by the Committee of the “California World History Library” as the first book to appear in their new series, “Author’s Imprint,” that cel- ebrates and recognizes “exceptional scholarship by first-time authors.” It received the 2011 Hou- shang Pourshariati Book Award in Iranian Studies and the PEN literary award for outstanding first book of the year from UC Press.

Drawing on a rich trove of documents, including correspondence not seen for 300 years, Aslanian’s groundbreaking study explores the emergence and growth of a remarkable global trade network operated by Armenian silk merchants from a small outpost in the Persian Empire. Based in New Julfa, Isfahan, in what is now Iran, these merchants operated a network of commercial settle- ments that stretched from London and Amsterdam to Manila and Acapulco.

Aslanian brings to light the trans-imperial cosmopolitan world of the New Julfans, the effects of long distance trade on the organization of community life, the ethos of trust and cooperation that existed among merchants, and the importance of information networks and communication in the operation of early modern mercantile communities.

Prof. George Bournoutian of Iona College has praised From the Indian Ocean to the Mediterra- nean as “the most researched and original work” on the subject that “exceeds, by far, all previous scholarship on the Armenian merchants of New Julfa.”

Aslanian has previously taught in the department of history at CSU-Long Beach as an Assistant Professor in the fall of 2010 after serving a year at Cornell University as a Mellon Foundation Post- doctoral fellow in world history. He received his Ph.D. (with distinction) from Columbia Univer- sity in 2007. Aslanian specializes in early modern world and Armenian history and is the author of numerous articles in peer reviewed journals such as the Journal of World History, the Journal of the

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Social and Economic History of the Orient, the Journal of Global History, and Diaspora: A Journal of Transnational Studies.

From the Indian Ocean to the Mediterranean will be on sale at the talk and available for sign- ing by the author.

More information about Aslanian’s lecture may be had by contacting the Ararat-Eskijian Mu- seum at 818-838-4862 or Ararat-eskijian-museum@netzero.net; the Armenian Educational Founda- tion at 818-242-4154; the Armenian Society of Los Angeles at 818-241-1073; or NAASR at 617- 489-1610 or hq@naasr.org..

A Trip Through Historic Armenia Through Dance

By Sylvia Kalishian

The Aradzani Dance Group of The Armenian Church of The Holy Martyrs in Bayside New York has produced a two part instructional dance DVD entitled “A Trip Through Historic Armenia Through Dance.” The DVD is a travel log of Historic Armenia starting in Dikranagerd and ending in Gesaria. There is video and slide footage of each town and interviews with four survivors of the Armenian Genocide. Robert Haroutunian the group’s director explains the steps of each dance fol- lowed by a performance of the same dance by the Aradzani Dance Group.

The dances presented on the DVD are endangered and are from the following towns and vil- lages of pre-1915 Historic Armenia:

Dikranagerd, Ljeh, Chnkoush, Palu, Palu-Havav Village. Kharpert, Charsanjak, Peri, Malatya, Arapgir, Agn. Shabin-Karahisar, Divrig, Sepasdia various villages. Gesaria villages of Chomakhlu and Tomarza.

The Aradzani Dance Group is an ethnographic dance group whose objective is to preserve and perpetuate songs and dances of pre-1915 Historic Armenia. The group has a repertoire of 120 danc- es most of which are endangered. Director Robert Haroutunian worked very hard in the research and production of this DVD. He gathered the dances presented on this DVD primarily from the late Ar- sen Anooshian (last director of The Armenian Folk Dance Society), Gary and Susan Lind-Sinanian dance researchers and teachers from Watertown Massachusetts, Tom Bozigian dance researcher and teacher from California, and Rudik Haroyan dance researcher and teacher from Armenia. He spent many hours learning these dances and doing research about towns and regions of Historic Armenia. He also gathered dances from people who had ancestry from Historic Armenia. The four genocide survivors interviewed on this DVD are from Palu, Shabin-Karahisar, Sepasdia and Nigdeh. This DVD is part of Aradzani’s ongoing project of documenting all of the dances on its repertoire for fu- ture generations.

The DVD can be purchased from the following bookstores: Massachusetts: ALMA Gift Shop in Watertown (617) 926-2562 NAASR Bookstore in Belmont (617) 489-1610

New York:

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St. Vartan Bookstore at the Diocese New York City (212) 686-07110 The Armenian Church of The Holy Martyrs Bookstore in Bayside (718) 225-0235 Michigan St. John’s Armenian Church Bookstore in Southfield Michigan (248) 569-3405 California: Abril Bookstore in Glendale (818) 243-4112 Berj Bookstore in Glendale (818) 244-3830 Sardarabad Bookstore in Glendale (818) 500-0790

Sibil Armenian Singer from Istanbul to Perform in New York

NEW YORK -- Talented young Armenian vocalist Sibil whose angelic voice has been enjoyed all over her native Istanbul, will hold her East Coast debut concert on March 31st 2012, at Bergen County Academies in Hackensack, NJ. The program promises to be an unforgettable one with a live orchestra and a special guest performance by Shushi Dance Ensemble of St. Vartan Cathedral, NY.

Sibil discovered her love for music in the Armenian Church at a young age. She realized her lifelong dream when she released her first CD with the help of a very talented group of musicians led by renowned director and composer Majak Tosikyan, who will be a special guest at this event. Most recently, Sibil’s unique voice echoed in the historic Holy Cross Armenian Church on the island of Akhtamar, and captivated the audience at the opening and clos- ing ceremonies of the Pan Armenian games in Yerevan. Her TV appearances and music videos attracted thousands of fans and exposed her to a larger audience all over the world. Soon, she will be performing in Los Angeles with her pianist Burak Bedikyan at a special event sponsored by the Organization of Istanbul Armenians.

Under the astute volunteer leadership of artistic director and choreographer, Seta Paskalian-Kantardjian, Shushi Dance Ensemble has had numerous successful performances both in the United States and abroad with renowned mu- sicians and vocalists. Shushi has performed in Armenia three times, Karabakh, Montreal, Toronto, Jordan, Syria, Lebanon, Armenian Heritage Cruse, and all across the United States. In July of 2012, Shushi will conclude its 20th anniversary celebration with a South American tour, with performances in Argentina and Uruguay, hosted by their local AGBU chapters.

Tickets for the March 31st event in New Jersey are priced at $50, $35 and $25 and can be se- cured by calling Adi Abdo (973) 761 1544, Arpi Misserlian (973) 907 2898, Linda Araz Berenson (201) 561 0172, Margrit Hamparsoumian (914)686 0840, Lusin Garabedian (718) 776 9513, Hilda Biosyan Sheshedian (516) 864 6966.

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An URGENT MESSAGE from

Bishop Bagrat Galstanyan.

Sireliner,

I hope everyone is doing well. While we are busy with our "community business" the evil is awake and

out of its cage working vigorously to promote its falsifications. Attached is the letter of the mayor of

Calgary recognizing the "mass killings" of the Azeries in Khojaly by the Armenian forces. This

should be a wake up call for us. It has been months and months that I have been crying out for the ur-

gency to revise the current state of our community affairs but alas with no avail. Well, I knew that the

day was not far away and it would appear unexpectedly as a slap into our face. Some of us may still

not pay any serious attention to this development but let me tell you that today is one city tomorrow

will be the province the next day the federal government. We already have the signs.

Therefore, I call on everyone for a plan of action. We need to mobilize and give an adequate response

so that this will never repeat. Let's for a moment put aside all the differences and our manr munr

hashivs and come out of this unpleasant (to say the least) situation stronger and more resolute as one

united voice and community. The blood of our dear brothers and sisters in Artsakh that was shed for us

longs for justice.

I would propose

a) to prepare a letter to the mayor of Calgary on behalf of the Armenian Community of Canada with

an attachment of detailed fact sheet

b) a short letter format to be sent to our people to email/fax to his office

c) Shall demand a formal meeting with the group of representatives (I am in Calgary 30th of March or

any day)

if there are any other ideas please propose. We need to take an action immediately and urgently, every

hour is a lost one if we do not act.

Sireli Chris and Mayda, please, disseminate this letter to all our Calgary and Edmonton addresses and

contacts.

With love and prayer

Bishop Bagrat Galstanyan

Dear Members of Alberta Azerbaijani Cultural Society:

Today our society has turned another page of success in its history. Your membership participation in this society empowered us to be in position of negotiating with the authori- ties and for the first time in history of Alberta, the City of Calgary recognized the Khojali Genocide. Today you have set a great example of respect for national values for your kids.

This wouldn’t happen without your support and participation. This wouldn’t happen without a strong backbone of the society. This wouldn’t happen without your believes and trust in a team work and participa- tion in building a strong Azerbaijani community in Alberta. This is only a beginning of our journey and I am very hopeful that with this spirit our voice will be strong enough to shape our image in Alberta.

Here I would like, on behalf of all of us extend our appreciation and thanks to our external rela- tion VP Dr. Isgandarova and Khojali Commemoration committee members Mr. Azizov , Mr. Samadi, Dr. Garousi and Mr. Mursalov, who have delivered such a brilliant job. Let’s all pray for the peace and liberation of Garabakh. Thank You. President of ALACS

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How to Counter Appeals Court’s Ruling Against Insurance Claims

By Harut Sassounian Publisher, The California Courier

The federal Court of Appeals issued a shocking decision last week. In a unanimous ruling, it struck

down a California law that had allowed heirs of Armenian Genocide victims to sue life insurance com-

panies for unpaid claims.

Acknowledging its reliance on the "rarely invoked doctrine" of "field preemption," the Court

judged the state law to be unconstitutional, claiming that it intruded into the federal government’s for-

eign policy prerogative.

The Appeals Court thus annulled a law passed by the California legislature in 2000, which had ex-

tended first to 2010 and then to 2016, the deadline for Armenian Genocide heirs to sue life insurance

companies. On the basis of that law, California attorneys filed lawsuits against the New York Life and

French AXA insurance companies. Both lawsuits were settled out of court for a total payment of $37.5

million.

In 2003, Armenian plaintiffs filed a class-action lawsuit in U.S. federal court against German life in-

surance companies. Rather than fulfilling their long overdue contractual obligations, these companies

sought the lawsuit’s dismissal, arguing that the reference to the Armenian Genocide in the State law

was an encroachment on the federal government’s foreign policy powers. After several appeals, a

panel of 11 federal judges dismissed the lawsuit against the German companies on February 23, 2012.

This decision, however, does not undo the settlements reached earlier with New York Life and AXA.

I believe the Appeals Court’s decision is highly flawed for the following reasons:

1) The Court took the unusual position that the State law constituted an intrusion into the federal gov-

ernment’s foreign policy domain, even in the absence of any conflict between the two. In fact, the State

of California and the federal government are in agreement on the genocide issue, since the House of

Representatives recognized the Armenian Genocide in 1975 and 1984, Pres. Reagan acknowledged it

in a Presidential Proclamation in 1981, and most importantly, the U.S. Justice Department cited the

Armenian case as an example of genocide in an official report submitted to the World Court in 1951.

2) The Appeals Court overstepped its judicial bounds by paying undue attention to Turkish denials,

pressures, and blackmail, and charging that the California statute "imposes the politically charged label

of ‘genocide’ on the actions of the Ottoman Empire (and, consequently, present-day Turkey) and ex-

presses sympathy for ‘Armenian Genocide victims.’" This assertion is totally untrue, as the California

law makes no reference to "present-day Turkey." Delving further into political arguments rather than

sound legal judgments, the Appeals Court quoted from newspaper articles -- that were not part of the

court record -- to illustrate Turkey’s angry reaction to the French bill on penalizing genocide denial

and Ankara’s rejection of the genocide label.

3) The Court could have severed the reference to genocide from the California statute, while keeping

valid the legitimate demands of life insurance claimants, since the purpose of the lawsuit was the re-

covery of insurance benefits, not asserting genocide.

Armenians should not be discouraged and not give up the struggle for their legitimate rights, despite

this temporary legal setback. Here are some possible steps that could be taken to remedy the situation:

1) File an appeal to the U.S. Supreme Court, even though the High Court hears only a very small per-

centage of the cases submitted to it.

2) Ask the California legislature to pass a new law that would broaden the category of possible

claimants, in order to overcome the Appeals Court’s objection that the existing law is "for a narrowly

defined class of claims."

3) Lobby the U.S. Congress to pass similar legislation allowing lawsuits against delinquent insurance

companies.

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4) Launch a new Armenian political initiative at the federal level, seeking the establishment of a

"Presidential Advisory Commission on Armenian Genocide Assets," similar to the existing commis-

sion on the Holocaust, which would use U.S. governmental channels rather than the courts to recover

genocide-era assets.

5) Embark on a worldwide campaign to protest and boycott German insurance companies that refuse

to live up to their financial and moral obligations. Stage demonstrations in front of German companies’

offices in different countries until they realize that they would lose more business by ignoring the Ar-

menian claims than paying the amounts owed to heirs of life insurance beneficiaries. Furthermore,

Armenians must demand that Germany, Turkey’s ally during World War I, passes a law mandating

that German companies pay delinquent insurance claims.

Clearly, the pursuit of Armenian demands is more of a marathon than a sprint! Armenians must per-

sist in their struggle and overcome all obstacles until their long overdue quest for justice is realized.

February 27, 2012

PRESS RELEASE

The Board of Directors of the Armenian Missionary Association Of Canada, Inc., (AMAC) at its meeting on February 25, 2012 approved 3 new Board members to the class of 2014. The Board also elected the following as the New Executive Officers of the Association for 2012.

Mr. Ghevont Nalbandian of Montreal (President,) Mr. Sarkis Marandjian of Toronto (Vice President,) Ms. Lisa Albarian of Montreal (Recording Secretary,) Mr. David Torunian of Toronto (Recording Secretary,) Mr. Hagop Basmadjian of Montreal (Treasurer,)

Mr. Mihran Jizmejian of Toronto (Executive Director.)

All correspondence to be addressed to the Executive Director at the above address

Mihran Jizmejian Executive Director

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