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Inicio arrow newsitems arrow CoE-UNESCO-ICC Officials to EF: Cultural Heritage Property new Treaty to Fil Gap + Fight ISIL Terror

CoE-UNESCO-ICC Officials to EF: Cultural Heritage Property new Treaty to Fil Gap + Fight ISIL Terror

Escrito por ACM
13.01.17

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*Strasbourg/CoE/Angelo Marcopolo/- A New PanEuropean/International Legal Tool for the Protection of Cultural Heritage is due to Fill serious Gaps on Safeguarding People's Historic Identity and World's Treasures, but also to Help Fight against ISIS a.o. Terrorists, stressed several Top CoE, UNESCO, ICC and other Top Officials, speaking to "Eurofora", on the occasion of an International Conference organized in Strasbourg by Cyprus' Presidency of the CoE, in one of its most Popular Priorities among the Diplomatic Community, where Concrete Moves are Expected before it concludes at the End of May 2017.


- A main Gap, until Today, is that the re-Sellers and/or Final Buyers of a Stolen Good currently often Escape from any Criminal Responsibility, even if Public Authorities Find Proof of an illegal Traffick Network usurpating and selling valuable Cultural Heritage Objects, by merely Claiming that they Ignored that Fact.

 

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- But the New CoE's Convention intends to Criminalize also the Behavior of any re-Seller or Final Buyer (particularly Professional)who does Not show, at least, a "Due Diligence" in Examining the situation, (but behaves at least with "Gross Negligence"), before Accepting to Buy a Cultural Heritage Good which Might have been Stolen and/or Usurpated, pointed out, in substance,  the President-in-office of CoE's Committee of Ministers, Experienced Long-Time Foreign Minister of Cyprus, and former Top MEP in charge of Foreign Policy and Human Rights' matters in rthe Biggest EU Parliament's Group, that of ChristianDemocrats/EPP, Ioanis Kasulides, speaking to "Eurofora". Kasulides has already Discussed the Need of a Better Protection of Cultural Property, recently in New York and elsewhere, also inside the UNO.


+ What is really at Stake is even More Important, Today, because Recent Developments have revealed that Islamist Terrorist Organizations, such as ISIL's atrocious BeHeaders even of Innocent Civilian People, etc., are Often Gaining a lot of Money by Large-scale Desecration, Destruction and Looting of World Heritage and other Valuable Cultural Monuments, Sites and Objects, located in the Territories that they Invade and Occupy or Attack, as Minister Kasulides earlier observed, resulting in a New Kind of "Blood Money", as CoE's Secretary General, Thornbjorn Jagland, an Experienced former Prime Minister and Foreign Minister of Norway, denounced Today, right from the Beginning of this PanEuropean Conference (i.e. Russia a.o. included), Open to the Participation also of any other Global Partner or Country in the World.

 

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F.ex., not only in Iraq's Mesopotamian area, (a notorious No 1 Pre-Historic Hotspot, among the Oldest in the World, to which succeeded some Grand Civilisations from Ancient Times), but also in Syria, etc., in Addition to the World Famous, UNESCO-Award, "Palmyra" Ancient City, Attacked Twice by ISIL's Destructive and Deadly Terrorists, it's also Many Thousands of various Other, Precious Cultural Heritage Goods, which were Looted and Sold, through Criminal Traffic Networks, by such Barbaric Islamist Terrorists, including a lot of those initialy located near the Northern Borders of Syria towards the Sourth of Turkey, from where they Transited before being able to Reach customers in Europe, Japan and/or the USA, etc., Strongly Denounced the embattled Director-General of Antiquities and Museums of Syria, Professor Dr. Maamoun Abdulkarim.

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 Trying to Limit such Brutal Destructions and Looting, the competent Syrian Authorities have often Collected and Transported Many valuable Historic Goods back to Damas, Dr. Abdulkarim said, but this is obviously Not Enough at all in order to Protect all the Historic Treasures existing in a Country which was a Crossroads of Phoenician, Persian, Greek, Roman, Buyzantine, and other various Civilisations, in an area where Both PolyTheistic and MonoTheistic Religions, such as Judaism, Christianism and Islam, etc, criss-crossed eachother, belonging to the History of Mankind. Moreover, the Refusal of several Foreign States to allow a Direct Cooperation between all competent and interested Actors with the current Syrian Government, has Complicated thinks, so that Most of those who can't do otherwise, at least for the Time being, are Often using to Help mainly by the Intermediary of UNESCO, (including not only Other State, and various Public or Private Actors, but even EU Commission itself, when it Funds some relevant Projects indirectly, as an EU Official observed, etc).   

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But this obviously is Not Enough in order to seriously Protect the Most Valuable Cultural Heritage Sites, Monuments, Artifacts, Paintings, various Objects and other Goods, there and elsewhere in the World, from Looting, Abandoning, Damaging, Disfiguring, partialy or Totaly Destroying, by Criminal Thugs, Political Hostility, Cultural Genocide policies, and/or Extremist Islamist Terrorism, etc., as have shown also the Notorious Recent Examples of the Demolition of Giant "Budha" Statutes by Talibans in Afghanistan, the various Destructions imposed at Palmyra by ISIL's Terrorists, the quasi-Systematic Looting, Desecration, and/or Destruction of Ancient Greek/Byzantine and Particularly Christian Churches, Monuments and Religious Objects in the Occupied Territories of Cyprus controlled by  Ankara's Foreign Invasion and Occupation Army, including even the Incredible Incident of Many Precious Historic, mainly Byzantine Artifacts brutaly Thrown Down, Lost or Looted, and/or Broken by Armed islamist Terrorist Gangs in Northern Syria, near Turkey's Borders, reportedly, even when they Wanted to ...Steal the big Boxes in which they had been classified, as Dr. Abdulkarim Denounced.

 

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That's why CoE's New Convention aims to provide Efficient and Sufficient Legal Tools in order to Help Face all such "Threats to Cultural Property", including, mainly, the currently Growing Need to "Fight illicit Destruction, Excavation and Trafficking", as Official Documents note. "Offences ... are Growing" recently against "Cultural Property Belonging to Peoples", which "Constitutes a unique and important Testimony of the(ir) Culture and Identity", often "leading to the Destruction of the World's Cultural Heritage", and "involving" also "Organised Criminal Groups", even "Terrorist Organisations", in "Deliberate Destruction", "Trafficking" and "illicit Trade", the Draft Conention's Preambule notes.

 

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Significantly, UNESCO's Director-General, Irina Bokova, confirmed to "Eurofora" that she founds "very Important Today" the Issues at stake, just after Strongly Denouncing the Fact that the "War Crime" of "Destruction of Heritage", has Now "Become a Tactic of War and Propaganda, to Weaken Resolve, to Incite Hatred and Revenge", while also "Exploited to Finance Illicit Activities, through "Looting and Trafficking", which "is Criminal Offense".

 

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Among various such Examples, UNESCO has pointed also at that of Nimrud Archeological Site, in Iraq's Nineveh valley, which faced "Deliberate Destructin by ISIL"s Terrorists. Therefore, particularly nowadays, - "The Fight against Impunity is clearly one of the Issues that we Must Address", but "where our Legal Arsenal is the Weakest", until now, Bokova pointed out in her Keynote speech at CoE's Conference in Strasbourg this Morning.

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  But the competent, Chief Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, a former Minister of Justice from Gambia and UN Expert on International Law, Replying to an "Eurofora" Question, which Reminded also the Timely Call launched recently in Strasbourg, Both at the CoE and in EU Parliament, by the 2 Yazidi Girls, Kidnapped, EnSlaved, Raped and Abused by ISIL's Islamist Terrorists, to, at last, "End the ImPunity" of such AbHorrent Criminals, (a Call that even UNO's former Secretary General, Ban Ki Moon, has Strongly Supported at a landmark Speech in EU Parliament in Brussels : See, f.ex. : ...), Regretted the Fact that ICC has Not yet a Direct Legal Competence on the Territories of Syria and Iraq, as long as these Countries are Not yet Court's Members. On the Contrary, at least in one area in Africa, we have already one Example of a former Gang Leader who was Arrested, Judged and Condemned for Destruction of Cultural Heritage, she observed earlier.  

 

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- However, We (ICC) can Intervene when "Foreign Fighters" f.ex. from European and/or Other Countries which have Signed and Ratifies the International Criminal Court's statute, are Crossing over here, after having actively Participated in ISIL's and/or Other Armed Gangs' Terrorist Crimes, she observed. In Addition, ICC might Also Take Action against Destruction and Looting of Cultural Heritage, when the Culprits are part of Trans-National Networks, f.ex. of Smugglers, which Extend also into Member Countries, she added. As far as Time-Limits are concerned, for the ICC to be Legaly Competent, the inscriminated Acts must have taken place After 2002, Bensouda reminded, But agreed with "Eurofora" that in Cases where, Even if the Initial, Main Crime might have Started in a more remote Past, neverheless, ICC could  be legaly seized when f.ex. there is a kind of "Continuing" Violations still taking place more Recently, perhaps even Nowadays and/or in the Future, by various Subsequent Acts which Exploit, Perpetuate, Extend, and/or Aggravate Further Nowadays a Crime of Destruction of Cultural Heritage, which has Started earlier.

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- CoE's Director-General on Legal affairs and Human Rights, Patrick Boillat, speaking to "Eurofora", pointed out that, while the New CoE's Convention is due to have an International Dimension by being Open also for Accession by All Countries in the World, even Out of Europe, i.e. located in any other Continent on Earth, nevertheless, an eventual Problem, at least for the Time being, for certain Countries as Syria, might be the Fact that, (as also for Many Other Conventions), CoE's Committee of Ministers must always Decide Unanimously to Accept to Invite a precise Country to become a New Treaty Member, or not, (so that even 1 CoE Member State's eventual Refusal risks to Block that possibility in a certain case).

However, generaly speaking, this New Draft Convention on "Offences relating to Cultrural Property", responds to Real Needs, particularly Today, of the PanEuropean and International Community, in order to "Complete" some pre-existing UNESCO and UNIDROIT Texts in certain Key Areas which still remain Unsettled, and should be Finalized, Adopted, and Start to be Implemented the Soonest possible, CoE's Legal/HR Director Boillat concluded, in his statements to "Eurofora".

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As for the Chairman of CoE's Committee which currently Drafts that New Convention, Hans-Holger Herrnfeld from Germany, speaking in fine to "Eurofora", he confirmed that, after This Week's Meeting of 9-12 January 2017, the Committee's Next Meeting "on February" is expected to make a serious Advance towards Protecting Cultural Property in a way which may also Help Curb some Criminal and/or Terrorist Networks, so that we could all Hope for the entire Legal Text to be Ready for a possible Opening to the Signature and Ratification by CoE's 47 Member Countries, as well as, eventually, Other, Third Countries from Other Continents in the World, at the forthcoming Plenary Session of the PanEuropean Organisation's Committee of Ministers, of End of May 2017, at Nicosia, Cyprus.

 

(../..)

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(NDLR : DraftNews, as already send to "Eurofora"s Donors and Subscribers, earlier. A more accurate, full Final Version, might be published asap).

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Facing a 70% Abstention threat in 2009 Election, EU endorses EuroFora's idea for Citizens' debates on crucial EU decisions !

- Different views on "Europe's Future", should be debated among Citizens at June 2009 EU Elections, thanks to political Parties' "Manifestos", says EU Parliament's Report


                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
A main idea, initiated and promoted by EuroFora's founders since 1997: the vital need to develop European Citizens' democratic right to actively participate in multilingual debates on EU decisions, is formally endorsed by the EU from 2009 !

The move is a key attempt to overcome "catastrophic" Polls which warn that only ...30% of Citizens are ready to vote in the forthcoming June 2009 EU Election !  This was revealed by EU Commission's vice-president, in charge of Communication policy, Margot Wallstrom, during a "hot" meeting of EU Parliament's Committee on Culture and Education, during the December 2008 Strasbourg session.

Wallstrom faced criticism, but also suggestions from various MEPs, naturally worried by Abstention threats which herself found even "worse" than in 1999 or 2004...

A Report on "Active Dialogue with Citizens",examined at the same time, presented some useful practical tips, on "facilitating Interviews"; etc., but also a  potentialy important call to "incorporate the conclusions of ...debates...into (EU) policies, and take into consideration the expectations that Citizens have of the EU when deciding". An amendment even implies that Citizens' participation in debates on EU decisions is a democratic "Right".

More importantly, it finds that  a Debate "on the Future of Europe", (as French President Nicolas Sarkozy has asked since 2007), would be a good idea " for the 2009 European parliamentary Elections", because "clarifying the political differences between the EU political parties would help citizens to identify themselves with, and choose between various concepts", for which "all parties (should) present their Manifesto".

A "Joint political declaration on Communicating Europe in Partnership", co-signed by "the European Parliament, Council and ... Commission", confirms that they "attach the utmost importance to improving communication on EU issues", by "enabling European citizens to exercise their right to participate in the democratic life of the Union, in which decisions are taken as openly as possible and as closely as possible to the citizens, observing the principles of pluralism, participation, openness and transparency".

This should "enable Citizens to exercise their right to express their views and to participate actively in the public Debate on European Union issues", while also "promoting the respect of multilingualism". In this regard, EU confirms its "wish to develop synergies with national, regional and local authorities as well as with representatives of Civil Society".

    It's since 1997 that a group of EuroFora's founders have officially presented a pioneer Project (then called "EIW", for "Europe in the World"), which aimed to develop Strasbourg's "Polyphonic music", by providing "Interactive information", on "main issues ... during the Decision-making process of European Organizations which engage in Transparent and Public Democratic Debates"

    This should be done, inter alia, by "exploring the potential of New Communication Tools (mainly Internet)", as well as classic-form debates, the 1997 EIW pioneer project's anounced in its "Synopsis". It was formally "accepted for evaluation" by EU Commission in Brussels in order to be examined for a grant in the framework of the "Research/Technology/Development (RTD) Programme in the field of Information Technologies", then called "ESPRIT", as a "Best Practice Pilot Project".

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        But the vital, urgent Political need for EU to search new, efficient ways to reach the People and interact with European Citizens, was really felt in Brussels and elsewhere only after the unprecedented in History 1999 and 2004 Majority Abstention in EU Elections, followed by 3 "NO" in Referenda in France, the Netherlands and Ireland, on 2005 and 2008...
    In this New Political Landscape, we prepared a new, actualised and more developed version of our initial idea, in a simplified and more efficient form, thanks also to a large Experience accumulated during many years of EU/CoE/UNO Press work and Multi-lingual debates, with the New project "EuroFora" :

    On 2006 we presented in Public its main lines during Questions/Replies that we raised at two Press Conferences by EU Commission President, Jose Baroso, and mainly EU Commission's vice-President, in charge of Communication policy, Margot Wallstrom, together with EU Parliament's vice-president, Alejo Vidal-Quadras, in Strasbourg, (Videos available), and we reminded it at various brief contacts with Commissioner Wallstrom in 2007 and 2008.

    Meanwhile, a new Text was also presented for "EuroFora" Project mainly to certain Political and other personalities, at European, National or Regional/Local level, mainly in 2007, but also in 2008..

    Now, after the unexpected 2008 Irish "NO", and before the 2009 EU Elections, which are due to be of exceptionally crucial importance for Europe's Future, the moment has obviously come to launch that project, progressively, but in real practice.

    Whoever really cares for Europe and its Citizens is welcome to join, in one way or another. Only anti-European, anti-democratic, obscure or ignorant groups might oppose or attempt to "steal" and deviate the main idea.

    But European Citizens, incited by enlightened political leaders, are those who will finally write the real History.

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