Getting At The Truth

GETTING AT THE TRUTH

The Boston Globe
December 13, 2006 Wednesday
FIRST EDITION

by Charles Fried – Charles Fried is a professor at Harvard Law
School. His most recent book is "Modern Liberty and The Limits of
Government."

MAHMOUD AHMADINEJAD, the egregious president of Iran, is hosting a
conference this week on whether the Holocaust really happened. There
are serious questions that someone with Ahmadinejad’s hostile attitude
toward the state of Israel might ask about the Holocaust – did it
justify the settlement of its survivors in Palestine in the first
place and has Israel misused the Holocaust to justify the Israeli
settlements in the occupied territories – but whether the Holocaust
ever happened is not one of them. To even somewhat sensible, mildly
educated people, Ahmadinejad’s conference is like having a conference
about whether the world might be flat after all.

Although Iran surely intends this as an affront to Israel and
Jewish people everywhere – my family and I fled Czechoslovakia in
1939, leaving my grandparents and many relatives behind to die in
Theresienstad and Auschwitz – the real victims of this minor latter-day
outrage are the Iranian people and rational discourse everywhere.

What Ahmadinejad’s conference proclaims is that truth has no place
in the world of politics; that if your ends are just, you can say
anything, no matter how far-fetched. Ahmadinejad tells us that his
pursuit of advanced nuclear capabilities is for peaceful purposes only:
power generation, medical applications, and not as part of a weapons
program. Why would a rational person put faith in any assurance from
a man so contemptuous of truth or even think there is any point in
negotiating with him?

But Ahmadinejad’s tortured logic seems almost broad-minded compared
with Turkey’s stringent criminal prohibition on any suggestion that
such a thing as its genocide of the Armenian people ever happened.

Many brave Turkish writers and journalists have suffered persecution
in recent times for proclaiming what no reasonable person would deny.

Yet the Armenian genocide is as certain a historic fact as Hitler’s
European Holocaust, for which Ataturk’s may well have served as a model
and feasability study. (A recent brief, horrifying and thoroughly
documented account can be found in Niall Ferguson’s "War of the
World.") Turkey and Iran turn truth into either a crime or charade.

And then there is the converse: What about countries like Canada
and many in Europe that make it an offense to offer propositions
derogatory of races or religions, or to deny the Holocaust, or
proposed legislation in France that would make it a crime to deny the
Armenian genocide. Here, too, the truth and how we come to know it
suffers. States that forbid such palpable lies degrade the currency
of truth as much as those who proclaim a lie as their national policy.

For in the end, the only way to bite the nickel to make sure it’s
genuine is in discussion, debate, assertion, and counter-assertion.

That is the process in which extremists in Iran and Turkey are shown
to be what they are – charlatans and liars. But states that shut down
that process, even to inane propositions like Holocaust or Armenian
genocide denial, debase the currency of truth every bit as much
as their opposites, For in their zeal, they assign to themselves,
to politics, and to official power (with its attendant machinery
of prosecutors, judges, juries, and jailors) an authority that can
reside only in the forum of individual judgment and conviction.

There is such a thing as truth; that is why Holocaust deniers are
fools or liars. But that is exactly why there can be no such thing as
official truth – truth endorsed, policed, and enforced by the power
of the state. Truth is above politics, and judges politics, which
is why politics has no authority to proclaim it. Official truth is a
contradiction in terms. In one respect the Turks seem worse than the
Iranians: They make it a crime to tell the truth, while Ahmadinejad
claims to doubt what only a fool or scoundrel would deny. Because
there is a truth about the Holocaust and Armenian Genocide, this
doubt is foolish, but that judgment is not a judgment of politics
but of the free mind that judges politics.

Armenian Hytex Plastic And Coca Cola Bottler’s Georgia Sign Cooperat

ARMENIAN HYTEX PLASTIC AND COCA COLA BOTTLER’S GEORGIA SIGN COOPERATION MEMORANDUM

Armenpress
Dec 18 2006

YEREVAN, DECEMBER 18, ARMENPRESS: The Yerevan-based Hytex Plastic
company and Coca Cola Bottlers Georgia have signed in Georgia’s Tbilisi
a memorandum on long-term cooperation. The Armenian company has vowed
to build a plant in Georgia for production of plastic bottles.

Hytex Plastic is supposed to invest $2 million in the repair of the
site and installment of modern equipment. This process is supposed
to be accomplished in the second half of 2007. The Armenian company
covers now 30 percent of the Georgian demand for such bottles.

Under the memorandum Coca Cola Bottlers Georgia will have to buy
bottles of the Hytex Plastic until 2013. The signing ceremony was
attended by Michael Dave, the regional director of the EBRD. In 2006
January the EBRD bought 30 percent of shares in Hytex Plastic.

Nagorno-Karabakh’s Referendum

NAGORNO-KARABAKH’S REFERENDUM
Shaun Walker
Daria Vaisman

Open Democracy, UK
Dec 14 2006

The Armenian enclave inside Azerbaijan remains poised between peace
and war even after a decisive vote for independence, report Daria
Vaisman & Shaun Walker.

It was all a bit of an anticlimax. The contested territory of
Nagorno-Karabakh was voting on 10 December 2006 for a new constitution
– after twelve years of de facto independence from Azerbaijan, it
was meant to be the final stage on its path to statehood. Yet on
the streets of its capital Stepanakert, no one seemed particularly
excited. Two lonely posters and one small banner advertised the
referendum. While all the major international papers covered a similar
referendum in breakaway South Ossetia on 12 October, here only one
of the wires showed up.

This is surprising, considering that Karabakh has been the bloodiest,
highest profile, and most intractable of the frozen conflicts in
the region. But the neglect was less evidence of indifference to
independence than of a feeling that Karabakh is further down the line
to recognition than its breakaway counterparts; the referendum was
merely confirming its independence, rather than agitating for it.

Nagorno-Karabakh has a special history. The Armenians call it a centre
of their ancient civilisation; the Azeris point to their famous
Karabakh poets and musicians. The spectacular mountains and green
valleys give a dramatic backdrop to a region infused with Persian,
Turkish and Russian influences. Though the region’s ethnic groups
collided over the centuries, Stalin’s nationalities policies in
the early Soviet period exacerbated the tensions. Karabakh, though
always majority Armenian, was attached to the newly created republic
of Azerbaijan in 1921.

Though there were desultory cries for greater control from the Armenian
population of Karabakh throughout the Soviet period, their demands
grew stronger as the union collapsed. Azeri and Armenian friends
and neighbours turned against each other, fuelled by nationalism and
Armenian Karabakh’s irresistible drive for independence.

A still-standing but shaky ceasefire agreement was signed in 1994,
after six years of fighting. The results were dire: more than 700,000
Azeris and 400,000 Armenians were displaced from their homes, and
Karabakh is now a monoethnic shadow of its cosmopolitan past. The
status of Karabakh has been discussed and contested over the decade
since, but with each failed peace talk, the chance for compromise on
either side fades further. With its symbolic importance and its value
as a cause around which political elites can harness public sentiment,
it is the region’s Jerusalem.

A frozen status quo

The Karabakh border with Azerbaijan is a frontline. In fact, the actual
line of control, where nervous young Karabakh conscripts train rifles
at Azerbaijan from clumsily dug trenches, is well outside the borders
of Karabakh proper, in territory occupied as a buffer zone.

With this border closed, Karabakh is only accessible by a single
major road that wends through the mountains from Armenia.

There is no way of knowing where Armenia ends and Karabakh begins –
no visible signs mark the border, and a barely noticeable checkpoint
intermittently stops cars with a friendly request to register in
Stepanakert. Armenia funds approximately half of Karabakh’s state
budget, and trains its military. This makes true independence for
Nagorno-Karabakh difficult to imagine.

Even less likely, however, is a return to Azerbaijan. By the
territorial-integrity standards applied to the other breakaway states,
Azerbaijan should keep Karabakh, as it was part of their territory
during the Soviet period, just as South Ossetia and Abkhazia were parts
of Georgia. Azerbaijan has promised the "highest level" of autonomy,
but Armenian Karabakh is understandably sceptical.

A comparison is sometimes made to the Aland Islands – an archipelago
with a Swedish population that was given to Finland in 1921. Decades
of broad autonomy under Finnish rule left a contented population and an
example that this kind of dispute can be solved peacefully. In 1993, a
mediation group brought the three sides in the Karabakh dispute to the
islands, and suggested a similar arrangement. The Karabakh Armenians,
so goes the apocryphal tale, surprised everyone by agreeing to the
idea. "Yes," they said, "we’re happy to be ruled by Finland."

The peace process

The Organisation for Security and Cooperation in Europe (OSCE) Minsk
group, a multilateral group led by Russia, the United States and
France, has been charged with negotiating a solution to the conflict.

A series of summits have been unsuccessful, including most recently
at Rambouillet earlier in 2006 despite widespread expectation of a
breakthrough. While the sides have been close to agreement on many
issues, the recurring problem has been the most fundamental one: the
status of Karabakh. As with Jerusalem, there is no status acceptable
to both sides.

With Karabakh’s independence already a de facto achievement, the
Armenian side already has a disproportionate share of what it wants.

True, the situation is far from ideal for Karabakh – the regime is
concerned about an attack from Azerbaijan, and lacks the investments
and political status that come with international recognition. But
the imperfect status quo seems more appealing to the Armenian side
than other options on the table, particularly those which seek to
reunite the region with Azerbaijan.

This stumbling-block has led many to advocate a "step-by-step"
approach to resolving the conflict, rather than a "package deal"
to solve the conflict all at once. The idea is to build up trust
first while negotiating on less contentious issues, such as troop
withdrawal from occupied Azerbaijani territories, and then deal with
Karabakh’s status at a later date. But even this approach has failed
to yield results so far.

The regional powers

The United States sees the Caucasus as a strategic energy corridor that
bypasses both Iran and Russia. With the newly built Baku-Tbilisi-Ceyhan
pipeline, which will soon be pumping a million barrels of oil per
day from the Caspian to the Mediterranean, the US is worried that
regional conflict would jeopardise its sizeable energy investments.

Iran, which borders Armenia and Azerbaijan, has helped both sides at
different times. During the height of the conflict, Iran supported
Christian Armenia against its fellow Shi’a state Azerbaijan. With
much of northern Iran populated by increasingly anti-government
ethnic Azeris with ties to Azerbaijan, it’s in Iran’s interests to
keep Azerbaijan occupied with Karabakh.

Despite support for Armenia during the conflict, Russia in recent
years has tried not to take sides, maintaining good relations with
both parties. Karabakh officials remain cool on relations with
Russia, however, and are keen to avoid being lumped in with the
other breakaway states. As one Karabakh official put it, "Of course
we’re very interested in hearing from the others as the status of
Nato-controlled Kosovo’s independence nears. But we have bilateral not
multilateral ties with them." The fear is that Russia is using the
breakaway states as an anti-western policy instrument, and Karabakh
has no interest in taking part.

There is a sense even among the other breakaways that they would
prefer a guarantor other than Russia if they had a choice. Karabakh
does – in large part due to the powerful Armenian diaspora. This is
evident even before arriving; the road between Armenia and Karabakh
is perhaps the best in the Caucasus, and was funded by $25 million of
diaspora money. Maps, tourist brochures and websites about Karabakh
are glossy and professional.

Masis Mayilian, Karabakh’s deputy foreign minister, asked us in
flawless English if we wanted to see the text of a lecture he had
delivered at a university in the United States. It was worlds away
from South Ossetian or Transdniestrian officials – Russian-speaking
and suspicious of anything and anyone western.

While these regions have no voice in western capitals, the Armenian
diaspora acts as an international lobbying group. "The moral and
political support is more important than the investments; they can
lobby our interests in the US Congress," said Mayilian. In October
2005, fifty-nine members of congress sent a letter to President
George W Bush calling Karabakh an independent country of "proud
citizens committed to the values of freedom, democracy and respect
for human rights."

The Azeri factor

There is one thing that may shift the balance in the medium term:
Azerbaijan’s oil windfall, estimated by President Ilham Aliyev to be
about $140 billion in the next twenty years. A good amount of this is
being spent on updating the Azerbaijani military, and with nearly a
million internally-displaced people (IDPs) in Azerbaijan as a result
of the Karabakh conflict, regaining lost territory is a huge priority
among the populace and elites. While an all-out military attack might
be unlikely, having the capability to launch it might shift the balance
at the negotiating table, and give some force to Azerbaijan’s demands.

The Azerbaijani and Armenian presidents met again on 28 November,
at the CIS summit in Minsk, and again no progress was made. If and
when progress does come in the negotiations, it will be a long time
before Karabakh returns to any kind of normalcy. If Azerbaijan recovers
control of some or all of the territory occupied as a buffer-zone,
it will take years of investment to make it habitable again. Walking
around a destroyed Azeri town like Fizuli is rather like visiting ruins
from ancient Rome – all the evidence of former civilisation is there,
but the devastation is so complete that it is difficult to imagine
it as a living community.

Despite the fact that more than a million people remain displaced from
their homes, both Azerbaijan and Armenia have too much to lose from a
new conflict. While a breakthrough in negotiations seems unlikely in
the near future, so does further bloodshed. Instead, the most likely
scenario is more of the same – a fragile status somewhere between
peace and war.

sus/Nagorno_Karabakh_4182.jsp

http://www.opendemocracy.net/democracy-cauca

Karabakh Defends New Constitution

KARABAKH DEFENDS NEW CONSTITUTION
By Karine Ohanian in Stepanakert

Institute for War and Peace Reporting (IWPR), UK
Dec 14 2006

Karabakh Armenians reject claims that new basic law damages the
peace process.

Voters in Nagorny Karabakh approved a new constitution for the
unrecognised republic in a December 10 referendum, with local officials
insisting it would bolster the democratisation of the territory.

The date of the vote was a symbolic one, occurring on the very day
that the Armenians of Karabakh unilaterally declared independence from
Azerbaijan 15 years ago. Human rights campaigner Karen Ohanjanian
reminded IWPR that December 10 was also International Human Rights
Day and said he wanted the new constitution to be "our visiting card
before the world community, one proving our adherence to the principles
of democracy, justice, equality, peace and goodwill".

The day after the poll, Sergei Nasibian, chairman of the central
commission for the referendum, announced that 78,389 out of 90,077
registered voters had cast their ballots, of whom 98.58 per cent had
voted for the constitution and 0.7 per cent against.

However, the poll was condemned as illegitimate by the international
community, with Terry Davis, secretary general of the Council of
Europe, saying it "will not be recognised … and is therefore of
no consequence".

Karabakh is internationally regarded as being part of Azerbaijan,
although it has been de facto separate for 15 years and is closely
linked to Armenia.

More than 100 non-governmental international observers and journalists
monitored the poll and gave it a positive verdict, saying it was held
to a high international standard.

"I visited the village of Mehmana village in the Martakert District,"
said Luciano Ardezi, a member of the International Human Rights
League. "I must admit that the referendum was very well organised
and took place in accordance with all international requirements. The
voting was free and transparent."

Most irregularities were technical in nature and concerned inaccuracies
in voter lists, voting in closed booths and so on.

Much of the criticism from local observers was centred on the charge
that the population was poorly informed about what they were voting on.

"Many people are not familiar with the text of the basic law," said
Naira Hairumian, an observer from the Open Society organisation.

Pensioner Svetlana Davidian told IWPR that she did not know the
contents of the constitution, but voted for it anyway. "Clever people
worked on this document," she said. "Many of my acquaintances and
I have come to vote for the constitution for a different reason –
because this is yet another move to strengthen our independence,
which we declared in 1991 when we were being bombed by Azerbaijan."

Karabakh president Arkady Gukasian responded to the accusation that
the vote had been ill-prepared by saying, "For the fifteen years that
our state has existed, we’ve been constantly accused either of being
too late or in too much of a hurry to adopt a constitution. Adopting a
constitution is not an end in itself for us. In the past fifteen years,
we have not only managed to defend the path chosen by our people in
a difficult war, but we have also overtaken our neighbour Azerbaijan
in terms of democratisation."

Gukasian called the document "the best democratic constitution in
the former USSR".

In the run-up to the vote, there was speculation that Gukasian might
use the new constitution to run for a third term as leader, when his
second term of office expires next year, on the grounds that the law
has changed. However, the president declared firmly that he had no
intention of running again.

Irina Beglarian, an official with the foreign ministry, spoke
approvingly of the unrecognised republic’s first constitution, saying,
"I like the way it has a clear division of powers, that the prime
minister is appointed by the parliament, that there are mechanisms
to make the legal system work effectively, and, on the whole, that
it has aspects of semi-presidential rule."

Opposition member of parliament Gegham Bagdasarian was more
equivocal. "Of course, the constitution is a step forward towards
Karabakh’s democratisation," he said. "But I think that the basic
law is not as perfect as it could be. In particular, there’s no full
set of mechanisms to restrain and counterbalance branches of power;
there’s no clear basis for an independent legal system; and no
constitutional court."

Former Russian mediator Vladimir Kazimirov told the PanARMENIAN.Net
news agency that although the vote would not be recognised, "it’s
impossible to fully ignore the referendum. Of course, democratic
procedures in Nagorny Karabakh are not faultless, as Azerbaijanis
living in Nagorny Karabakh are not allowed to take part in them. But
it won’t occur to anyone to refuse to recognise elections in [the
Azerbaijani cities of] Baku or Ganje just because Armenians living
there have not participated in them, will it?"

There was condemnation of the vote from the American, French and
Russian co-chairs of the Minsk Group on the grounds that the vote
interfered with the Armenian-Azerbaijani peace process at a delicate
stage.

Azerbaijani foreign minister Elmar Mamedyarov said, "The referendum
in Nagorny Karabakh damages peace negotiations."

But Deputy Foreign Minister Masis Mailian countered, "State building,
both in the Nagorny Karabakh republic and in Azerbaijan, is not
directly linked to the course of the peace process and it can’t hinder
the attainment of peace in this region."

Karine Ohanian works for Demo newspaper in Nagorny Karabakh.

According To Final Data, More Than 98% Of Electors Votes For NKR Con

ACCORDING TO FINAL DATA, MORE THAN 98% OF ELECTORS VOTES FOR NKR CONSTITUTION

Noyan Tapan
Dec 14 2006

STEPANAKERT, DECEMBER 14, NOYAN TAPAN. 78.389 people from
the 90.077 citizens having the right of vote took part in the
December 10 constitutional referendum of the Republic of Nagorno
Karabakh. According to the summing up report on the final data made
public by the NKR Central Referendum Commission, 77.279 electors, what
makes 98.58% of voters, voted for adoption of the Constitution. The
number of people voted against it is 554.

NKR CEC Confirmed Adoption Of The Republic’s Constitution

NKR CEC CONFIRMED ADOPTION OF THE REPUBLIC’S CONSTITUTION

DeFacto Agency, Armenia
Dec 13 2006

The Nagorno-Karabakh Republic Central Election Commission has decided
to consider the NKR Constitution submitted to a referendum December
10 adopted.

According to the information DE FACTO got at the NKR CEC, by the NKR
law "On a Referendum" a Constitution is considered adopted in case
over a half of the poll’s participants have voted for it.

According to the preliminary data, 87% of the electors have backed
the Draft Constitution.

Azerbaijan’s Breakaway Karabakh Adopts Its First Constitution

AZERBAIJAN’S BREAKAWAY KARABAKH ADOPTS ITS FIRST CONSTITUTION

RIA Novosti, Russia
Dec 11 2006

YEREVAN, December 11 (RIA Novosti) – Azerbaijan’s breakaway province
of Nagorno-Karabakh has overwhelmingly voted in favor of its first
constitution, the central election commission said Monday.

Nagorno-Karabakh residents voted Sunday in a referendum on the
republic’s constitution, to reaffirm the predominantly Armenian
region’s independence from Azerbaijan. More than 100 international
observers and journalists from Russia, France, the United States,
Italy, Israel, Serbia and other countries monitored the referendum.

According to preliminary results, "A total of 78,389 voters (87%)
out of 89,044 eligible voters participated in the poll, with 77,279
people, or 98.58% of the electorate, casting their ballots in favor
of the constitution, while 549 people or 0.7% voted against it,"
said Sergei Nasibyan, the chairman of the central election commission.

Nasibyan said there was no voter turnout threshold at the referendum,
but according to the unrecognized republic’s legislation, at least
one-third of registered voters were required to vote in favor of the
constitution for it to be adopted.

"December 10 can be regarded as Nagorno-Karabakh Constitution
Day," Nasibyan said, adding that the commission will announce the
referendum’s final results on December 13.

The conflict over Nagorno-Karabakh first erupted in 1988 when it
declared its independence from Azerbaijan, and moved to join Armenia.

Over 30,000 people were killed on both sides in fighting between 1988
and 1994, and over 100 died following a 1994 ceasefire.

Nagorno-Karabakh remained in Armenian hands, but tensions between
Azerbaijan and Armenia have persisted.

The Azerbaijani leadership is determined to restore its control over
the separatist region.

BAKU: Congress Of Benelux Azerbaijanis Prohibit Armenian Film Direct

CONGRESS OF BENELUX AZERBAIJANIS PROHIBIT ARMENIAN FILM DIRECTOR TO GET AWARDS
Author: S.Ilhamgizi

TREND Information, Azerbaijan
Dec 9 2006

The Congress of Benelux Azerbaijanis (CBA) withdrew a movie ‘A
story of people war and peace’ directed by Armenian Director, Vardan
Hovanesian, from a list of award films at the international festival
of documentary films organized in Amsterdam. The State Committee on
Azerbaijanis Residing Abroad informed that film dealt with Karabakh
and the facts were seriously distorted.

The Chairman of the CBA, Sahil Gasimly, advised that the Armenian
film was nominated for award. However, the CBA immediately voiced
its protest to the Committee of the Festival trough sending letters
by e-mail, faxes and telephone calls. The appeals emphasized that the
film does not reflect the truth about Nagorno-Karabakh, distorts the
essence of the conflict. At the same time the CBA organized hotline
for protesting the festival committee.

A delegation of the CBA headed by Ms. Gasimly met with the organizers
of the festival to inform them that the film contradicts the truth.

She particularly noted the occupation of 20% of the Azerbaijani
territory by Armenia and that awarding that film would be a mistake.

As a result a title of ‘Armenian enclave in Azerbaijan; was removed
from the website.

According to Ms. Gasimly, along with CBA and lobby organizations,
Azerbaijani Embassy in Belgium played considerable role in that matter.

As a result of talks held with the organizers of the festival an
agreement was reached on demonstrating two Azerbaijan films in the
festivals of 2007.

BAKU: Oskanian Offers To Send Fact-Finding Mission To Nakhchivan

OSKANIAN OFFERS TO SEND FACT-FINDING MISSION TO NAKHCHIVAN

Today, Azerbaijan
Dec 7 2006

"We are satisfied with the special program of the Council of Europe for
holding fair elections in Armenia," Armenian Foreign Minister Vartan
Oskanian said while meeting with the CE Secretary General Terry Davis.

To hold elections meeting international standards in Armenia, Armenia’s
fulfilling CE commitments, necessary changes expected to be made in the
legislation after Constitutional reforms were discussed at the meeting.

Besides, Vartan Oskanian informed the Secretary General about the
process of settlement of Nagorno Karabakh conflict and the referendum
to be held in Nagorno Karabakh.

Vartan Oskanian claimed that Armenian cross monuments were destroyed
in Julfa region of Azerbaijan and discussed with Terry Davis the
possibility of sending fact-finding mission to Nakhchivan, APA reports.

URL:

http://www.today.az/news/politics/33648.html

BAKU: Vardan Oskanyan Offers To Send Fact-Finding Mission To Nakhchi

VARDAN OSKANYAN OFFERS TO SEND FACT-FINDING MISSION TO NAKHCHIVAN

Azeri Press Agency, Azerbaijan
Dec 7 2006

"We are satisfied with the special program of the Council of Europe
for holding fair elections in Armenia," Armenian Foreign Minister
Vardan Oskanyan said while meeting with the CE Secretary General
Terry Davis, APA reports.

To hold elections meeting international standards in Armenia, Armenia’s
fulfilling CE commitments, necessary changes expected to be made
in the legislation after Constitutional reforms were discussed at
the meeting. Besides, Vardan Oskanyan informed the Secretary General
about the process of settlement of Nagorno Karabakh conflict and the
referendum to be held in Nagorno Karabakh. Vardan Oskanyan claimed that
Armenian cross monuments were destroyed in Julfa region of Azerbaijan
and discussed with Terry Davis the possibility of sending fact-finding
mission to Nakhchivan.