BILL NUMBER: AJR 2 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Members Nazarian, Achadjian, Alejo, Atkins,
Baker, Bigelow, Bloom, Bonta, Brown, Burke, Calderon, Chang, Chávez,
Chiu, Chu, Cooper, Dababneh, Dahle, Eggman, Cristina Garcia, Eduardo
Garcia, Gatto, Gipson, Gomez, Gray, Hadley, Holden, Irwin,
Jones-Sawyer, Kim, Lackey, Levine, Low, Maienschein, Mayes, McCarty,
Medina, Mullin, Obernolte, O'Donnell, Olson,
Olsen, Perea, Rendon, Ridley-Thomas, Salas, Santiago, Mark
Stone, Ting, Waldron, Weber, Wilk, and Williams
(Principal coauthors: Senators Berryhill, Cannella,
Hall, Lara, Liu, Mendoza, and Runner)
DECEMBER 1, 2014
Relative to the Armenian Genocide.
LEGISLATIVE COUNSEL'S DIGEST
AJR 2, as amended, Nazarian. Armenian Genocide.
This measure would, among other things, designate the year of 2015
as "State of California Year of Commemoration of the Centennial
Anniversary of the Armenian Genocide of 1915-1923," designate April
24, 2015, as "State of California Day of Commemoration of the
Centennial Anniversary of the Armenian Genocide of 1915-1923,"
urge the Republic of Turkey to acknowledge the facts of the
Armenian Genocide and to work toward a just resolution, and
would call upon the President of the United States and the United
States Congress to formally and consistently reaffirm the historical
truth that the atrocities committed against the Armenian people
constituted genocide.
Fiscal committee: no.
WHEREAS, Armenians have resided in Asia Minor and the Caucasus for
approximately four millennia, and have a long and rich history in
the region, including the establishment of many kingdoms, and despite
Armenians' historic presence, stewardship, and autonomy in the
region, Turkish rulers of the Ottoman Empire and the Republic of
Turkey subjected Armenians to severe and unjust persecution and
brutality, including wholesale massacres beginning in the 1890s; and
WHEREAS, The Armenian nation was subjected to a systematic and
premeditated genocide officially beginning on April 24, 1915, at the
hands of the Young Turk Government of the Ottoman Empire from
1915-1919 and continued at the hands of the Kemalist Movement of
Turkey from 1920-1923 whereby over 1.5 million Armenian men, women,
and children were slaughtered or marched to their deaths in an effort
to annihilate the Armenian nation in the first genocide of modern
times, while thousands of surviving Armenian women and children were
forcibly converted and Islamized, and hundreds of thousands more were
subjected to ethnic cleansing during the period of the modern
Republic of Turkey from 1924-1937; and
WHEREAS, During the genocides of the Christians living in the
Ottoman Empire and surrounding regions, which occurred during the
first one-half of the 20th century, 1.5 million men, women, and
children of Armenian descent, and hundreds of thousands of Assyrians,
Greeks, and other Christians, lost their lives at the hands of the
Ottoman Turkish Empire and the Republic of Turkey, constituting one
of the most atrocious violations of human rights in the history of
the world; and
WHEREAS, These crimes against humanity also had the consequence of
permanently removing all traces of the Armenians and other targeted
people from their historic homelands of more than four millennia, and
enriching the perpetrators with the lands and other property of the
victims of these crimes, including the usurpation of several thousand
churches; and
WHEREAS, In response to the genocide and at the behest of
President Woodrow Wilson and the United States State Department, the
Near East Relief organization was founded, and became the first
congressionally sanctioned American philanthropic effort created
exclusively to provide humanitarian assistance and rescue to the
Armenian nation and other Christian minorities from annihilation, who
went on to survive and thrive outside of their ancestral homeland
all over the world and specifically in this state; and
WHEREAS, Near East Relief succeeded, with the active participation
of the citizens from this state, in delivering $117 million
of in assistance, and saving more than one
million refugees, including 132,000 orphans, between 1915 and 1930,
by delivering food, clothing, and materials for shelter, setting up
refugee camps, clinics, hospitals, and orphanages; and
WHEREAS, The Armenian nation survived the genocide despite the
attempt by the Ottoman Empire and the modern Republic of
Turkey to exterminate it; and
WHEREAS, Adolf Hitler, in persuading his army commanders that the
merciless persecution and killing of Jews, Poles, and other people
would bring no retribution, declared, "Who, after all, speaks today
of the annihilation of the Armenians?"; and
WHEREAS, The planning and implementation of genocide is
indisputably recognized in international law as a crime against
humanity and is punishable as such, yet has remained unpunished for
nearly 100 years, as the government of Turkey is allowed with
impunity to distort history and to deny the genocide and its
consequences perpetrated both by its Ottoman predecessor and its own
predecessor regimes despite international recognition of the Armenian
Genocide by 23 countries, including the United States of America;
and
WHEREAS, On November 4, 1918, immediately after the collapse of
the Young Turk regime and before the founding of the Republic of
Turkey by Mustafa Kemal Ataturk in 1923, the Ottoman Parliament
considered a motion on the crimes committed by the Committee of Union
and Progress (CUP): "A population of one million people guilty of
nothing except belonging to the Armenian nation were massacred and
exterminated, including even women and children." The Minister of
Interior at the time, Fethi Bey, responded by telling the Parliament:
"It is the intention of the government to cure every single
injustice done up until now, as far as the means allow, to make
possible the return to their homes of those sent into exile, and to
compensate for their material loss as far as possible"; and
WHEREAS, Mustafa Kemal Ataturk made a historic admission in an
interview published in the Los Angeles Examiner on August 1, 1926:
"These leftovers from the former Young Turk Party, who should have
been made accountable for the lives of millions of our Christian
subjects who were ruthlessly driven, en masse, from their homes and
massacred"; and
WHEREAS, The Parliamentary Investigative Committee proceeded to
collect relevant documents describing the actions of those
responsible for the Armenian mass killings and turned them over to
the Turkish Military Tribunal. CUP's leading figures were found
guilty of massacring Armenians and hanged or given lengthy prison
sentences. The Turkish Military Tribunal requested that Germany
extradite to Turkey the masterminds of the massacres who had fled the
country. After German refusal, they were tried in absentia and
sentenced to death; and
WHEREAS, Unlike other people and governments that have admitted
and denounced the abuses and crimes of predecessor regimes, and
despite the Turkish government's earlier admissions and the
overwhelming proof of genocidal intent, the Republic of Turkey
inexplicably and adamantly has denied the occurrence of the crimes
against humanity committed by the Ottoman and Young Turk rulers for
many years, and continues to do so a full century since the first
crimes constituting genocide occurred; and
WHEREAS, Those denials compound the grief of the few remaining
survivors of the atrocities, desecrate the memory of the victims,
cause continuing pain to the descendants of the victims, and deprive
the surviving Armenian nation, both on individual and collective
levels, of their ancestral land, property, culture, heritage,
financial assets, and population growth; and
WHEREAS, The Republic of Turkey has escalated its international
campaign of Armenian Genocide denial, maintained its blockade of
Armenia, and increased its pressure on the small but growing movement
in Turkey acknowledging the Armenian Genocide and seeking justice
for this systematic campaign of destruction of millions of Armenians,
Greeks, Assyrians, and other Christians upon their biblical-era
homelands; and
WHEREAS, Those citizens of Turkey, both Armenian and non-Armenian,
who continue to speak the truth about the Armenian Genocide, such as
human rights activist and journalist Hrant Dink, continue to be
silenced by violent means; and
WHEREAS, Leaders of nations with strategic, commercial, and
cultural ties to the Republic of Turkey should be reminded of their
duty to encourage Turkish officials to cease efforts to distort facts
and deny the history of events surrounding the Armenian Genocide;
and
WHEREAS, The failure of the international community to hold
responsible nations accountable for crimes against humanity results
in a travesty of justice and sets a negative precedent; and
WHEREAS, There is continued concern about the welfare of
Christians in the Republic of Turkey, their right to worship and
practice freely, and the legal status and condition of thousands of
ancient Armenian churches, monasteries, cemeteries, and other
historical and cultural structures, sites, and antiquities in the
Republic of Turkey; and
WHEREAS, The United States is on record as having officially
recognized the Armenian Genocide in the United States government's
May 28, 1951, written statement to the International Court of Justice
regarding the Reservations to the Convention on the Prevention and
Punishment of the Crime of Genocide, through President Ronald Reagan'
s April 22, 1981, Proclamation No. 4838, and by congressional
legislation including House Joint Resolution 148 adopted on April 9,
1975, and House Joint Resolution 247 adopted on September 12, 1984;
and
WHEREAS, Even prior to the Convention on the Prevention and
Punishment of the Crime of Genocide, the United States has a record
of having sought to justly and constructively address the
consequences of the Ottoman Empire's intentional destruction of the
Armenian people, including through United States Senate Concurrent
Resolution 12 adopted on February 9, 1916, United States Senate
Resolution 359 adopted on May 11, 1920, and President Woodrow Wilson'
s November 22, 1920, decision entitled, "The Frontier between Armenia
and Turkey," which was issued as a binding arbitral award, yet has
not been enforced to this date despite its legally binding status;
and
WHEREAS, President Barack Obama entered office "calling for Turkey'
s acknowledgment of the Armenian Genocide" and on April 24, 2013, and
similarly on April 24, 2014, he further stated, "A full, frank, and
just acknowledgment of the facts is in all of our interests. Peoples
and nations grow stronger, and build a more just and tolerant future,
by acknowledging and reckoning with painful elements of the past";
and
WHEREAS, California is home to the largest Armenian-American
population in the United States, and Armenians living in California
have enriched our state through their leadership and contribution in
business, agriculture, academia, government, and the arts, many of
whom have family members who experienced firsthand the horror and
evil of the Armenian Genocide and its ongoing denial; and
WHEREAS, Every person should be made aware and educated about the
Armenian Genocide and other crimes against humanity, and this state
has been at the forefront of encouraging and promoting a curriculum
relating to human rights and genocide in order to empower future
generations to prevent the recurrence of genocide; and
WHEREAS, April 24, 1915, is globally observed and recognized as
the commencement of the Armenian Genocide and April 24, 2015, will
mark the centennial anniversary since the commencement of the
Armenian Genocide; and
WHEREAS, Armenians in this state and throughout the world, have
not been provided with justice for the crimes perpetrated against the
Armenian nation despite the fact that a century has passed since the
crimes were first committed; and
WHEREAS, The Armenian people, in this state and elsewhere, remain
resolved and their spirit continues to thrive a century after their
near annihilation; now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature hereby designates the year
of 2015 as "State of California Year of Commemoration of the
Centennial Anniversary of the Armenian Genocide of 1915-1923" and in
doing so, intends, through the enactment of legislation, that the
Armenian Genocide is properly commemorated and taught to its citizens
and visitors through statewide educational and cultural events; and
be it further
Resolved, That the Legislature hereby designates April 24, 2015,
as "State of California Day of Commemoration of the Centennial
Anniversary of the Armenian Genocide of 1915-1923"; and be it further
Resolved, That the Legislature commends its conscientious
educators who teach about human rights and genocide, and intends for
them, through the enactment of legislation, to continue to enhance
their efforts to educate students at all levels about the experience
of the Armenians and other crimes against humanity; and be it further
Resolved, That the Legislature hereby commends the extraordinary
service which was delivered by Near East Relief to the survivors of
the Armenian Genocide and the Assyrian Genocide, including thousands
of direct beneficiaries of American philanthropy who are the parents,
grandparents, and great-grandparents of many Californian Armenians
and Assyrians, and pledges its intent, through the enactment of
legislation, to working with community groups, nonprofit
organizations, citizens, state personnel, and the community at large
to host statewide educational and cultural events; and be it further
Resolved, That the Legislature deplores the persistent, ongoing
efforts by any person, in this country or abroad, to deny the
historical fact of the Armenian Genocide; and be it further
Resolved, That the Legislature urges the Republic of Turkey to
acknowledge the facts of the Armenian Genocide and to work toward a
just resolution, to honor its obligations under international
treaties and human rights laws, to end all forms of religious
discrimination and persecution, to return Christian church properties
to their rightful owners, and to allow the owners and congregants of
all churches to conduct their religious activities unhindered,
including, but not limited to, prayer services and religious
observances, education and training, community gatherings, and social
services; and be it further
Resolved, That the Legislature respectfully calls upon the
President of the United States and the United States Congress
to act likewise and to formally and consistently
reaffirm the historical truth that the atrocities committed against
the Armenian people constituted genocide; and be it further
Resolved, That the Legislature calls on the President of the
United States to work toward equitable, constructive, stable, and
durable Armenian-Turkish relations based upon the Republic
of Turkey's full acknowledgment of the facts and ongoing consequences
of the Armenian Genocide, and a fair, just, and comprehensive
international resolution of this crime against humanity;
relations; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, to each Senator and Representative
from California in the Congress of the United States, to the Governor
of California, to every member of the California State
Legislature, and to the Superintendent of Public
Instruction, and to the Turkish Ambassador to the United States.
Instruction.