Armenian National Committee of America
1711 N Street, NW
Washington, DC 20036
Tel. (202) 775-1918
Fax. (202) 775-5648
[email protected]
Internet
PRESS RELEASE
August 25, 2009
Contact: Elizabeth S. Chouldjian
Tel: (202) 775-1918
ANCA CITES PRESIDENT OBAMA’S RESPONSIBILITY FOR COURT
RULING AGAINST ARMENIAN GENOCIDE-ERA CLAIMS
"You bear direct responsibility, Mr. President, by virtue of your
failure to keep your repeated, crystal clear pledges to recognize
the Armenian Genocide, for the Court’s judgment that it is the
official policy of the Executive Branch of the United States
government to actively oppose proper recognition of this crime and,
upon this basis, to thus prohibit states from passing laws to help
Armenian Genocide-era victims seek to reclaim lost or stolen
property." — ANCA Chairman Ken Hachikian
WASHINGTON, DC – Armenian National Committee of America (ANCA)
Chairman Ken Hachikian today called on President Barack Obama to
reject a misguided federal appeals court decision striking down a
California law to allow for the return of Armenian Genocide-era
assets, and encouraged him to immediately and publicly affirm that
it is not the "express federal policy" of the United States, as the
court argued, to prohibit the recognition of this crime by the
Congress or the states.
The letter follows a August 20th flawed ruling of a three judge
panel of the U.S. Court of Appeals for the Ninth Circuit in the
case of Movsesian v. Versicherung A.G. (No. 07-56722), that struck
down a California law providing remedies for Armenian Genocide-era
wrongs. The ruling contended that state level recognition of this
crime contradicts "express federal policy" and is therefore
unconstitutional.
"You bear direct responsibility, Mr. President, by virtue of your
failure to keep your repeated, crystal clear pledges to recognize
the Armenian Genocide, for the Court’s judgment that it is the
official policy of the Executive Branch of the United States
government to actively oppose proper recognition of this crime and,
upon this basis, to thus prohibit states from passing laws to help
Armenian Genocide-era victims seek to reclaim lost or stolen
property," said Hachikian in an August 25th letter to President
Obama.
Hachikian’s letter to President Obama also noted that the ANCA’s and
Armenian American community’s frustration is not limited solely to
his broken promise related to Armenian Genocide recognition, but
also extends to " your White House’s use of Turkey’s cynically-
inspired ‘roadmap’ to defer U.S. recognition, and your State
Department’s shameless pressure on Armenia to accept the artificial
‘historical commission’ that Ankara has long advanced to prevent
the proper recognition of thisvcrime."
The California Legislature passed a law in 2000 giving heirs of
those who died or fled to avoid Armenian Genocide-era persecution
until the end of 2010 to file claims for old bank accounts and life
insurance policies. European banks and insurers are said to have
retained assets valued in 1915 at about $15 million, a sum worth
substantially more in today’s dollars. Class-action lawsuits
brought by Armenian descendants in California and other states led
to a $20 million settlement with New York Life Insurance Co. in
2005 and a $17 million settlement the same year with French life
insurer AXA.
As a candidate, President Obama issued a series of statements
pledging to recognize the Armenian Genocide. In an early campaign
statement, issued on January 19, 2008, then-Senator Obama stated
"America deserves a leader who speaks truthfully about the Armenian
Genocide and responds forcefully to all genocides. I intend to be
that President." Just three days prior to his election, his
campaign issued yet another statement noting "Barack Obama strongly
supports passage of the Armenian Genocide Resolution (H.Res.106 and
S.Res.106) and will recognize the Armenian Genocide." A complete
background on President Obama’s past support for Armenian Genocide
recognition can be viewed at:
_Genocide.pdf
Following his election, President Obama, while stating that his
personal views have not changed on the matter, broke his repeated
campaign promises by failing to properly characterize the Armenian
Genocide in his April 24th annual commemorative statement.
The complete text of the ANCA’s letter to President Obama follows.
#####
TEXT OF ANCA LETTER TO PRESIDENT OBAMA
August 25, 2009
The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500
Dear Mr. President:
I am writing to urge you to take immediate steps to publicly reject
the flawed ruling of a three judge panel of the U.S. Court of
Appeals for the Ninth Circuit in the case of Movsesian v.
Versicherung A.G. (No. 07-56722, August 20, 2009), that struck down
a California law providing remedies for Armenian Genocide-era
wrongs, and argued that state level recognition of this crime
contradicts "express federal policy" and is therefore
unconstitutional.
You bear direct responsibility, Mr. President, by virtue of your
failure to keep your repeated, crystal clear pledges to recognize
the Armenian Genocide, for the Court’s judgment that it is the
official policy of the Executive Branch of the United States
government to actively oppose proper recognition of this crime and,
upon this basis, to thus prohibit states from passing laws to help
Armenian Genocide-era victims seek to reclaim lost or stolen
property. The Court’s interpretation of your broken promise marks
an unmistakable and historic low in our government’s long
complicity in Turkey’s campaign of genocide denial.
As you know, over 1.5 million Armenians lost their lives and, of
course, many more were deprived of their property as a result of
the Ottoman Turkish government’s systematic and deliberate campaign
of race extermination. It is particularly tragic, given the
thorough understanding that you have articulated regarding the
moral, historical, and political meaning of this crime, that, it is
under your leadership that the United States government is today
not only engaged in complicity in genocide denial, but also,
according to a judicial ruling, actively working to ensure that the
remaining survivors and their families are denied avenues to seek
to reclaim property lost during these massacres.
Your Administration’s policies, as understood and affirmed by the
Court, in addition to blocking legal redress for U.S. citizens,
have now opened the door – in unprecedented and profoundly
dangerous ways – for interests aligned with the Turkish government
to seek to roll back several generations of American civil society
efforts to mark this tragedy, including through formal recognition
by 42 U.S. states. As such, we once again urge you to publicly
reject the Court’s interpretation of your Administration’s position
and call upon you to honor your covenant with American voters to
properly recognize the Armenian Genocide.
In closing, I would like to stress to you, once again, how broadly
and profoundly disappointing your failure to honor your many
commitments on issues of special concern to Armenian American
citizens has been for the ANCA, a grassroots organization that,
based upon your track record and series of publicly stated
commitments, enthusiastically endorsed your candidacy and
successfully mobilized an unprecedented community drive to help
secure your election. In the wake of your many broken campaign
commitments, your silence in the face of this profoundly misguided
judicial action would compound the Armenian American community’s
sense of betrayal regarding your Administration’s behind the scenes
efforts to block adoption of the Armenian Genocide Resolution, your
White House’s use of Turkey’s cynically-inspired "roadmap" to defer
U.S. recognition, and your State Department’s shameless pressure on
Armenia to accept the artificial "historical commission" that
Ankara has long advanced to prevent the proper recognition of this
crime.
We remain ready, as we have shared with you on a number of past
occasions, to meet with you to discuss these matters personally and
in greater detail.
[signed]
Kenneth V. Hachikian
Chairman