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Haupt arrow newsitems arrow CoE new Chairman, Minister Samuelsen - Danish Presidency to EF+ on big moves on Human Rights in 2018

CoE new Chairman, Minister Samuelsen - Danish Presidency to EF+ on big moves on Human Rights in 2018

Geschrieben von ACM
Wednesday, 15 November 2017

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*Strasbourg/Angelo Marcopolo/- Saluting with a Smile "Eurofora" and other participants to various CoE's Meetings Today, just after Taking over Officially the Presidency of the 47 Member States strong, PanEuropean Organisation for Human Rights, Democracy and Rule of Law, during the period of November 2017 - May 2018 included, Danish Foreign Minister Anders Samuelsen, (at the Same Time Radian, as all the Danish Presidency's Diplomatic Team, here in Strasbourg, also because of the Coincidence with an UnExpected, landmark Win, 5 to 1, of the Danish National Team of Football, even while playing inside Ireland, Guaranteeing the Qualification for the "Mundial's" Finals, Later this Year, in Russia), has just Wowed to Fight for Fundamental Human Rights, while also Ambitionning to Re-Launch a Far-Reaching New Reform of the ECHR, at the Eve of a forthcoming CoE's New Summit on 2019, (See Infra).


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           - Samuelsen "Ensure(d) that we (Danish 2017-2018 Presidency) will do our Best to Assist the CoE in Serving its Founding Values, and to Preserve and Protect the Fundamental Values on which the CoE is Build".


    - Informed by "Eurofora" about EU Parliament President, Antonio Tajani's, Readiness to Cooperate also with the CoE, as he told us Yesterday, for a European/International Monitoring of the necessary Investigation in order to Find and Punish the Killers and Instigators of Investigative Web Journalist Daphne Caruana Galizia, who was recently Brutally Murdered by the Explosion of a Bomb in her Car at Malta, Triggering a Growing Series of EU/CoE's  Leaders' vibrant Condemnations, after also a Hot MEP's Debate, (See, f.ex. : http://www.eurofora.net/newsflashes/news/euparliamentpresidentoncoeandjournalistmurder.htm l +
http://www.eurofora.net/newsflashes/news/wejournalistmurder.html ), Samuelsen Heard Carefully, appeared to Start Considering that, Thoughtfull, and asked to give More Concrete Details on this affair also to the Diplomats of the Permanent Danish Delegation to the CoE in Strasbourg, as it was done.


     - "Freedom of Expression" (which includes Press Freedom), is cited as Number 1 among several "Fundamental Freedoms", of which, Danish feel to be "strong and committed defenders", according to the New CoE Presidency's Program for the Period of 11/2017-5/2018, that Samuelsen presented, Earlier Today, to CoE's Committee of Ministers.      

   

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    + On this occasion, the incoming Danish Presidency of the CoE, apparently Intends also to Re-Launch on 2018, as well as Add to the process of ECHR's Reform, which had Previously Started, initially from 2010 at a Miisterial Conference on ECHR at Interlaken (Switzerland : See "Eurofora"s NewsReports from the spot, among others, also, f.ex.: ..., + ..., etc), followed by Izmir (Turkey) on 2011, Brighton (UK) on 2012, up to Brussels (Belgium) on 2015.


    Indeed, already Interlaken had Adopted an overall Timetable Plan, according to which, CoE should Examine and Decide, Before 2019, (which coincides with a French Presidency of the CoE), whether the achieved ECHR's Reforms were Satisfactory and Sufficient, or if it might Need to Advance even Further, Towards New, Additional Targets to reach.


    Considering also the Fact that a New, PanEuropean COE's Summit of 47 Heads of States/Governments, is currently Expected for about 2019, (as the Incoming Danish ensured Today "Eurofora", saying that they consider such a Summit, now,very Probable), then, it's Natural to have Formed a Clear Understanding on the State of Play of the Overall Situation of the ECHR's actual functioning at least on 2018, (i.e. , just 1 Year Earlier)...

 

    => Thus, a Key Importance is attributed to a Top Legal CoE "Experts Conference", organized Next Week at Kokkedal (a City Near Copenhagen : distant only 20 minutes), on 22-24 November 2017, Symbolically entitled "2019 and Beyond : Taking Stock, and Moving Forward, from the Interlaken process" :


    >>> Indeed, as the Danish Presidency of the CoE told "Eurofora", "according to the Results" of that, Inter-Governemental Legal Experts' Conference, CoE is due to Decide whether, and how, an eventual "Political Declaration" on Reforming, may be even Further, the PanEuropean Mechanism for the Protection of Human Rights, will, or not, be Taken during a Subsequent, "Ministerial" Meeting, scheduled in Denmark for April 2018, (i.e., Near the Eve of the 2019 CoE Summit : Comp. Supra).


    + In Fact, a main Intention of the incoming Danish CoE Presidency, (which had taken, Previously, the Precaution to Prepare its Draft Proposals on ECHR's reforms, already from the Beginning of 2016, and with several Visits and Contacts in Countries such as the UK, but also Germany etc), appears Twofold :


- Not Only "Take Stock" of the Progress achieved, concerning the Objectives which had been Fixed at     Interlaken (2010 : Comp. Supra);


+ but Also, to Consider eventual "Further Reforms" of the ECHR, related to "Chalenges" of "the Future", and/or the "Vision of an ECHR" Focused on "Serious and Widespread Violations, Systemic and Structural Problems, and on Important Issues concerning the Interpretation and Application" (by the ECHR) of the PanEuropean "Convention" on Human Rights. (In that case, due Attention should be taken to sufficiently Saveguard also the Individual Right for Application to ECHR against Violations of Human Rights, as many NGO's have already observed in the Past). As well as to "ensure Support" for it, while "Populations and Decision-Makers are Increasingly Questioning the Authority of the Convention System", (as the Danish Presidency notes in its Draft Program).

 

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    - Indeed, as the Outgoing, former CoE's rotating Chairman, Czech Foreign Minister Lubomír Zaorálek, (Comp., among his Replies to "Eurofora"s Questions also : ...., etc), in his Concluding Speech in Strasbourg, Earlier Today, stressed, inter alia, also the Fact that Recent Islamist "Terrorist Attacks and (UnPrecedented, sudden) Mass Migration", (particularly of that kind that was notoriously Selected and Smuggled into Europe by Turkish a.o. Traffickers since 2015-2016), have "Seriously Affected and Divided the European People" nowadays, as he Warned.


    Indeed, in such an Exceptional Context, it's obviously Easy to Guess, that, at least some, among ECHR's case-law Recent Extensive applications, might, eventually, appear as more or less excessive, Controversial, or even, perhaps, unjustified, at least to some People and/or Politicians in Europe nowdays, to the point that it might even provoke Sceptisicm, Negative reactions and/or loss of Trust, which could enDanger Core Human Rights, (particularly if such Problems might be Exploited by some Oppressive Groups and/or States) : As, f.ex., matters of Life or Death, Freedom or Slavery, Torture and Inhuman/Degrading Treatment (a "Classic" Priority of Danish CoE Presidencies, both in 2017/2018, as also more than 20 Years Ago, in the Past), Freedom of Expression, Family Life, Fair Trial, Private Property, Right to participate in Democratic Elections, and even some Elementary, Basic Social Rights of Vital Importance for People in real Need, etc.


    Even if this might Not concern particularly the current Danish CoE's Presidency, nevertheless, f.ex., Many Perople find very Controversial the Fact that some inside the ECHR have notoriously "Interpreted" recently the PanEuropean Convention's Article 12, on the "Right to Marry", in a so Extensive way, that, Instead of Focusing on Natural Couples of "Men and Women", as that Convention's Text Reads, (i.e. on Natural Marriage, generally able to give Natural Births), on the Contrary, they have Totally Ignored the Explicit Text of the Convention, (i.e. Silently Abrogated it !), and Allowed to Extend its application also Betwen Gays or Lesbians, including Submission of Children to the Power of Homosexual Couples under Pretext of "Adoption", and even went on as far as to Endorse Prosecutions, Threats, and Oppression of Liberties (including Financial a.o. Sanctions, Dismissals, Jailings/Imprisonments, etc) against Civil Servants a.o. who mightt try to express their Opposed Social and/or Religious Beliefs, trampled underfeet, (See, f.ex., several Cases in France, the USA, etc).


    => Therefore,  "Dialogue", particularly between COE's Commitee of Ministers (eventualy, even Civil Society, etx) and ECHR, about some "Interpretations" that EuroJudges use to give to the Original Text of the PanEuropean Convention for Human Rights, through the Developments of their Case-Law, is at the Forefront of this 2017-2018 Danish Presidency's priorities.


    - But, at the same time, the "Independence" of ECHR must be Saveguarded, the Dabish Presidency's paper admits.       


+ Last, but not least, "Third Party Interventions" in Cases pending at the ECHR, also by various Other Countries which might be Affected, in one way or another, by a Solution which could be given at an affair, may also come at the forefront of eventual ECHR Reforms, going Beyond the Interlaken process, Danish CoE Presidency sources told "Eurofora".


In the Past, Scandinavian Countries, including Denmark, had taken such an  Active Role in front of the ECHR mainly in order to Denounce some Exceptionaly Serious Violations of Human Rights, in cases such as Turkey, or the 7 Years period of the Colonels in Greece, etc.


The Last such Danish move was related to Torture cases inside Turkey, and, by a coincidence, had been close to the Previous Danish Presidency of the CoE from Strasbourg, Back more than 20 Years ago.


Nowadays, however, Samuelsen has, Recently, strongly Denounced as "UnAcceptable" the setting-up of a Systematic Spying Mechanism over European Citizens inside Europe itself, (through Turkish Consulates, and/or some "Imams" in Mosques controlled by the Turkish Government, special Phone Numbers for Delation, etc, as the relevant Scandals revealed in 2017 at Nearby Germany), in order to Inform a Foreign Government as Turkey, about Political Critics and Dissidents Opposed to Ankara's Controversial and notoriously Oppressive Policies. And he had Warned that, such an eventual activity would be considered as a Criminal Offense.


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    + On the Contrary, just after being Welcomed, meanwhile, Together with CoE's Secretary General, Thornbjorn Jagland, by the Head of Strasbourg City's European/International affairs service, the young Rafik Elmrini-Nawel, Samuelsen praised "Strasbourg" for being "not only a European City, but also a City of Europeans, Open and Inclusive, with Hospitality, which makes it a Perfect Home for both the CoE and EU Parliament", where "I was a Regular Guest, in my time as (former) MEP", until just a Few Years ago, and "it made a Big Impression on me. It's Hard to Imagine a Better basis for the task to Protect Human Rights, Democracy and Rule of Law", he stressed.

 

 

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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
---------------------
French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
---------------------------------------

- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.

    It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.   

 But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...


    Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.

    And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.

    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

    - On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".

    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

    It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.

    It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..

     - "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".

    "France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World".  "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.

    But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.

    "We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.

    "I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).

     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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