Timothy Garton Ash: The freedom of historical debate is under attack by the memory police
[Timothy Garton Ash is a historian, political writer and Guardian columnist.]
Among the ways in which freedom is being chipped away in Europe, one of the less obvious is the legislation of memory. More and more countries have laws saying you must remember and describe this or that historical event in a certain way, sometimes on pain of criminal prosecution if you give the wrong answer. What the wrong answer is depends on where you are. In Switzerland, you get prosecuted for saying that the terrible thing that happened to the Armenians in the last years of the Ottoman empire was not a genocide. In Turkey, you get prosecuted for saying it was. What is state-ordained truth in the Alps is state-ordained falsehood in Anatolia.
This week a group of historians and writers, of whom I am one, has pushed back against this dangerous nonsense. In what is being called the "Appel de Blois", published in Le Monde last weekend, we maintain that in a free country "it is not the business of any political authority to define historical truth and to restrict the liberty of the historian by penal sanctions". And we argue against the accumulation of so-called "memory laws". First signatories include historians such as Eric Hobsbawm, Jacques Le Goff and Heinrich August Winkler. It's no accident that this appeal originated in France, which has the most intense and tortuous recent experience with memory laws and prosecutions. It began uncontroversially in 1990, when denial of the Nazi Holocaust of the European Jews, along with other crimes against humanity defined by the 1945 Nuremberg tribunal, was made punishable by law in France - as it is in several other European countries. In 1995, the historian Bernard Lewis was convicted by a French court for arguing that, on the available evidence, what happened to the Armenians might not correctly be described as genocide according to the definition in international law.
A further law, passed in 2001, says the French Republic recognises slavery as a crime against humanity, and this must be given its "consequential place" in teaching and research. A group representing some overseas French citizens subsequently brought a case against the author of a study of the African slave trade, Olivier Pétré-Grenouilleau, on the charge of "denial of a crime against humanity". Meanwhile, yet another law was passed, from a very different point of view, prescribing that school curricula should recognise the "positive role" played by the French presence overseas, "especially in North Africa".
Fortunately, at this point a wave of indignation gave birth to a movement called Liberty for History (lph-asso.fr), led by the French historian Pierre Nora, which is also behind the Appel de Blois. The case against Pétré-Grenouilleau was dropped, and the "positive role" clause nullified. But it remains incredible that such a proposal ever made it to the statute book in one of the world's great democracies and homelands of historical scholarship.
This kind of nonsense is all the more dangerous when it comes wearing the mask of virtue. A perfect example is the recent attempt to enforce limits to the interpretation of history across the whole EU in the name of "combating racism and xenophobia". A proposed "framework decision" of the justice and home affairs council of the EU, initiated by the German justice minister Brigitte Zypries, suggests that in all EU member states "publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes" should be "punishable by criminal penalties of a maximum of at least between one and three years imprisonment".
Who will decide what historical events count as genocide, crimes against humanity or war crimes, and what constitutes "grossly trivialising" them?..
Read entire article at Guardian (UK)
Among the ways in which freedom is being chipped away in Europe, one of the less obvious is the legislation of memory. More and more countries have laws saying you must remember and describe this or that historical event in a certain way, sometimes on pain of criminal prosecution if you give the wrong answer. What the wrong answer is depends on where you are. In Switzerland, you get prosecuted for saying that the terrible thing that happened to the Armenians in the last years of the Ottoman empire was not a genocide. In Turkey, you get prosecuted for saying it was. What is state-ordained truth in the Alps is state-ordained falsehood in Anatolia.
This week a group of historians and writers, of whom I am one, has pushed back against this dangerous nonsense. In what is being called the "Appel de Blois", published in Le Monde last weekend, we maintain that in a free country "it is not the business of any political authority to define historical truth and to restrict the liberty of the historian by penal sanctions". And we argue against the accumulation of so-called "memory laws". First signatories include historians such as Eric Hobsbawm, Jacques Le Goff and Heinrich August Winkler. It's no accident that this appeal originated in France, which has the most intense and tortuous recent experience with memory laws and prosecutions. It began uncontroversially in 1990, when denial of the Nazi Holocaust of the European Jews, along with other crimes against humanity defined by the 1945 Nuremberg tribunal, was made punishable by law in France - as it is in several other European countries. In 1995, the historian Bernard Lewis was convicted by a French court for arguing that, on the available evidence, what happened to the Armenians might not correctly be described as genocide according to the definition in international law.
A further law, passed in 2001, says the French Republic recognises slavery as a crime against humanity, and this must be given its "consequential place" in teaching and research. A group representing some overseas French citizens subsequently brought a case against the author of a study of the African slave trade, Olivier Pétré-Grenouilleau, on the charge of "denial of a crime against humanity". Meanwhile, yet another law was passed, from a very different point of view, prescribing that school curricula should recognise the "positive role" played by the French presence overseas, "especially in North Africa".
Fortunately, at this point a wave of indignation gave birth to a movement called Liberty for History (lph-asso.fr), led by the French historian Pierre Nora, which is also behind the Appel de Blois. The case against Pétré-Grenouilleau was dropped, and the "positive role" clause nullified. But it remains incredible that such a proposal ever made it to the statute book in one of the world's great democracies and homelands of historical scholarship.
This kind of nonsense is all the more dangerous when it comes wearing the mask of virtue. A perfect example is the recent attempt to enforce limits to the interpretation of history across the whole EU in the name of "combating racism and xenophobia". A proposed "framework decision" of the justice and home affairs council of the EU, initiated by the German justice minister Brigitte Zypries, suggests that in all EU member states "publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes" should be "punishable by criminal penalties of a maximum of at least between one and three years imprisonment".
Who will decide what historical events count as genocide, crimes against humanity or war crimes, and what constitutes "grossly trivialising" them?..