ANCA Cites Obama’s Responsibility for Court Ruling Against 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, D.C.—On Aug. 25, Armenian National Committee of America (ANCA) chairman Ken Hachikian 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 Aug. 20 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.

Hachikian’s letter to Obama also noted that the ANCA’s and the 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 this crime.”

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, Obama issued a series of statements pledging to recognize the Armenian Genocide. In an early campaign statement, issued on Jan. 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 Obama’s past support for Armenian Genocide recognition can be viewed at www.anca.org/change/docs/Obama_Armenian_Genocide.pdf

Following his election, 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 Obama follows.

***

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

5 Comments

  1. there will be no relation with the turkey unless
    1. recognize of 1 half million armenians which perform by turkish
    2. refund 43.7 billion dollars refund for the gold of 5 tons
    3. back to our lands decided by president of united state of america Mr. Wilson, to be beared to the turkish government and this is the decision of whole armenians in the world including the armenia.

  2. Obama has no kuntags. If he had a set, he would tell the
    Turks that the US runs the show. But of course, you all drank his kool aid.

  3. I for one knew Obama would not follow through his promises which led me not to vote for him.. nor the other party.. I did not see any validity of his words.. he is a great speaker..no doubt about that.. and he sure fooled the Armenians..

    It is a shame to know that the fierce, strong and independent US of A is acting like a puppet under Turkey’s claws..

    Long live Armenia and its people.

    G

  4. Well the US is doing a lot of things but its not acting like a puppet.  Its acting in its own self-interest.  Who would the administration rather get angry, the Turkish Government or few hundred thousand Armenians living here in the US ?  Nobody owes us anything.  Countries are not obligated to speak up for what is right or wrong. Countries only act in their own self-interest.  If those interests match with what is right they will take that position.
    Candidates say all sorts of things and then they get into office and suddenly its not so easy to simply say things.
    Frankly not sure what would change had Obama officially stated the Genocide happened.

  5. I definitely understand that each country act upon its own interest.. However, US puts his nose in everything yet picks and chooses what they will support and what they will not support. If it was not going to support the Armenian cause, then why go through with it? they show the world how strong they are yet we all know that is not the case. If they can’t stand firm and without reservations for democracy, freedom of speech, humanity, justice, and righteousness, the true fundamentals of this country and what it represents, then they have no validity in my eyes. Again, every president ever stepped on the podium of this great country promised in one way or another to protect the Armenian people and represent justice once and for all but all failed once they put foot in the White House. Why do we repeat the same mistakes over and over? Because we don’t learn from it. Believing in candidates that promise what is right yet not getting that promise violets the true self and trust in all of us.. I am frustrated not because US does not recognize the Armenian cause, Genocide and survival of the country and people, but I am frustrated because Armenians have not recognized that relying on others to support them is not going to happen. Supporting each other and standing united and fighting together is what will take us out of the murky waters and get us what we want and need.

    That is all.
    G
    P.S. Obama recognizing the Armenian Genocide would have showed Turkey and the rest of the world that US is true advocate of what is just, and what is right. In addition, it would have shown that they are not here to kneel to every demand that Turkey put in front of them regardless how much money and riches are poured into the bellies of the govt officials.

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