A Call to the Armenian Relief Society
Friday, December 31st, 2010
by Asbarez
BY MICHAEL MENSOIAN
Zaruhi has been laid to rest, but her death has raised fundamental
questions concerning human rights and gender equality of women in
Armenia. It is a poor response by those who claim women are treated no
differently in Armenia compared to other countries. How can we justify
our probable shortcomings by citing similar shortcomings common to
other countries? Doing so would set a very low standard by which to
evaluate the value system and future goals of Armenia.
First, we must get over this we and you mentality. Armenia needs the
diaspora and the diaspora looks to Armenia as its cultural hearth. It
is a symbiotic relationship. We must operate from the premise that
each of us wants the best for the other. At the least we should be
able to agree that the manner in which Zaruhi died is a partial
indictment of the value system in Armenia and the lack of appropriate
legal safeguards.
The Armenian Penal Code does not address domestic abuse as a separate
and distinct crime. Domestic assault is usually treated in accordance
with Articles 105 and 112 of the Armenian Penal Code although there
are gradations of `willful’ acts covered by Articles 113, 114, and
117. A defendant found guilty under Article 105 – ‘Murder in the state
of strong temporary insanity’ – may face imprisonment of up to four
years. (Article 114 refers to a `lesser state of temporary insanity.’)
Article 112, `Intentional serious or heavy damage to health,’ carries
a prison term of 3 to 7 years; if such action caused the death of the
aggrieved, from 5 to 10 years imprisonment. (Articles 113 and 117
refer to lesser degrees of `damage to health.’) Article 104 – ‘Murder,
the illegal willful deprivation of life’ – carries prison terms from 6
to 12 years (if under conditions of particular cruelty from 8 to 15
years imprisonment or for life). Articles 118 covers battery and
Article 118, torture.
Domestic violence begins with a single episode, but easily evolves
into a pattern of violent behavior oftentimes leading to permanent
physical and psychological disabilities or death of the aggrieved.
Given the prevalence and the brutality that domestic violence may
encompass requires that it be treated as a separate and distinct
crime. Failure to recognize this type of criminal behavior in the
penal code may reflect the government’s attitude that domestic
violence either doesn’t exist or is not a serious problem. Companion
legislation must provide for imposing penalties and legal restraints
on perpetrators and the removal from threatening situations of the
abused (with her children) to safe havens. Organizations must develop
programs to counsel these women as well as prepare them with skills to
achieve economic self-sufficiency.
Since domestic violence is casually accepted by society, it is
possible that investigative procedures and the evaluating of evidence
may intentionally or unintentionally aid the accused. The testimony of
key defense witnesses should be expected to reflect the societal
values with respect to domestic violence, conceivably coloring their
interpretation of events. This is not to say that their testimony is
intentionally biased, but expressed according to the value system
within which the witnesses were brought up. Would the court vigorously
address this potential issue? As of now, no charges have been brought
against Zaruhi’s mother-in-law or brother-in-law, both of whom were
allegedly involved in the long-term violence to which Zaruhi was
subjected and that ultimately ended in her brutal death.
And we should not allow Zaruhi’s two-year-old daughter Lilia to become
a forgotten casualty of this domestic violence. Will she grow up in an
orphanage and upon reaching 18 years of age, be released just as her
mother was, without the proper life skills to effectively participate
in society, condemned to repeat her mother’s unfortunate existence?
Fortunately, Zaruhi’s married sister Hasmik is her legal successor. It
should be a pro forma proceeding for the court to award custody of
Lilia to Hasmik (assuming she and her husband are financially able or
willing). It seems that Zaruhi’s shameless mother-in-law is already
concerned about the allowance that Hasmik will receive as the child’s
guardian and may seek to obtain custody of the child. It is important
that the existing social agencies are prepared to provide meaningful
oversight with respect to Lilia’s education, health, and psychological
development. This oversight should apply to all children the courts
place in the custody of relatives, foster parents, or public-care
institutions.
Presently there are many domestic and international organizations
operating in Armenia that seek, without much success, not only to
address the plight of women facing violence in all its permutations,
but to assure their full equality within the system, be it economic,
educational, political, social, or judicial. The Constitution of the
Republic of Armenia refers to the protection of fundamental human and
civil rights, and the equality of all persons before the law in their
seeking employment and of husbands and wives within the marriage
relationship. However, existing social mores and traditions are
sufficiently strong to circumscribe the role and the rights women
should enjoy in society as enunciated in the constitution. Making
everyday practice conform to constitutional mandates is a formidable
task that cannot be achieved without the government’s moral,
legislative, and financial support.
Pragmatically, a nation’s viability and vitality – the ability to reach
its full potential – cannot be achieved if women are denied unfettered
equality with men. Unfortunately there is no quick-fix solution. Only
a sustained comprehensive effort spanning several generations can
achieve what needs to be done. And what needs to be done requires the
participation of an organization that has the prestige, a can-do
reputation, and a known ability to operate in politically charged
situations. One organization that exists that meets these criteria and
has the expertise and a proven track record of accomplishments is the
Armenian Relief Society.
Since its founding in 1910, the ARS has effectively responded to every
major catastrophe that has afflicted the Armenian nation. Steadfast in
its mission, the ARS has provided humanitarian and educational
assistance and emergency aid to all Armenians, whether in the homeland
(Armenia, Artsakh, and Javakhk) or the Diaspora, with special emphasis
on women and young children. Two of its signature efforts since the
founding of the second free Armenian Republic in 1991 have been the
state-of-the-art Women and Child Health Care and Birthing Center in
Akhourian, Armenia, and the comprehensive social and educational
programs embodied in the Sosseh Kindergarten System for children 3 to
6 years of age in the Nagorno Karabakh Republic.
As the oldest and largest Armenian women’s organization, having
recently celebrated world-wide its 100th anniversary and the
culmination of a successful Centennial Fund Drive, the ARS is
admirably prepared to respond to this critical issue. At stake, at the
very least, is a subset of women – married and single – whose physical and
psychological wellbeing has long been ignored. Granted, it will not be
an easy task having to prompt President Serzh Sarkisian’s
administration to do what it should and hasn’t done, while at the same
time enjoying the president’s presence at certain opportune events.
Positions of leadership, whether of the ARS or any other organization,
carry with it the burden of having to make difficult decisions.
The creditability and prestige of the ARS will provide valuable moral
support to the private and nongovernmental organizations that have a
stake in this issue, as well as to the women who have been
marginalized by tradition and archaic social values. There is much
that needs to be done in addition to establishing safe havens for
women and their children, enacting laws protecting women from abusive
and predatory actions, and developing curricula materials for the
schools, and sensitivity training and public awareness programs. And
none of this is possible without gaining the proper legislative
support, financial assistance, and goodwill of the administration.
The ARS has the ability and the resources to pursue its historic
agenda in addition to operating within a network of proactive
organizations through which it can offer advice, participate in
cooperate projects, or facilitate the development of specific
activities. Working with the Armenian Revolutionary Federation’s (ARF)
members of parliament, legislation can be jointly proposed by
concerned organizations and supported. For the ARF, the creation of a
system based on economic and social equality has long been a goal for
the Armenian worker. Here is an opportunity to burnish its image with
various domestic women’s groups as it seeks to strengthen and broaden
its political base in Armenia.
The circumstances surrounding the death of Zaruhi Petrosyan may or may
not be unique. How many or how few women have suffered a similar
tragedy is not known. However, Zaruhi’s death is sufficient to call
attention to the known inequities that do exist and the difficulties
that impede the efforts of various organizations that seek to address
the range of human rights and gender issues confronting Armenian
women.
Working to improve the position of women in Armenian society would be
in keeping with the spirit that inspired the founding of the Armenian
Relief Society and that has guided its efforts during the past hundred
years to improve the human condition of Armenians wherever they may
be.
Note: The writer has provided excerpts from relevant articles from the
Nov. 27, 2005 Constitution of the Republic of Armenia. Article 3: `The
State shall ensure the protection of fundamental human and civil
rights.’ Article 14.1: `Everyone shall be equal before the law.’
Article 32: `Everyone shall have the freedom to choose his/her own
occupation.’ Article 35: The family is the natural and fundamental
cell of the society… husband and wife] are entitled to equal rights,
as to marriage, during marriage, and divorce.
The manner in which Zaruhi died is a partial indictment of the value
system in Armenia and the lack of appropriate legal safeguards.
From: A. Papazian