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Home arrow newsitems arrow PACE Bureau endorsed Motion on Refugees/IDPs Human Rights as key for Peace, backed by ECHR President

PACE Bureau endorsed Motion on Refugees/IDPs Human Rights as key for Peace, backed by ECHR President

Written by ACM
Sunday, 01 February 2009
coe_refugees__peace_equation_400_01


    - "The recent Georgia - Russia conflict showed that protracted situations where Displaced persons' Human Rights are not respected, ..may become dangerous for Peace", anywhere among CoE member Countries", said to "EuroFora" the President of PACE Refugees, Migration and Population Committee, Dutch MEP Mrs Corian JONKER, who drafted the Motion.    On the contrary, "if we (CoE) succceed to highlight enough Displaced persons' Rights, then, this may help to find agreed Solutions''', she added

     Her Draft was signed by many MEPs including all Chairmen of PACE's Political Groups, (EuroLeft's COX, Socialists' GROSS, Liberals' EORSI, ChristianDemocrats/EPP's Van den BRANDE and Democrats' WILSHIRE), in a rare unanimity on Principles from the Right to the Left of all the political spectrum...

    Assembly's Bureau endorsed the Motion on "Protecting the human rights of long-term displaced persons in Europe", Friday in Strasbourg, in view of a crucial session of the PanEuropean Parliamentary Assembly on the State of Human Rights in Europe scheduled for June.

    The move was backed by ECHR's President, Jean-Paul COSTA speaking to "EuroFora" : - "Yes, of course", he agreed with our question if "respect for Refugees/IDP's Human' Rights could facilitate Peace Solutions", as this Motion believes.

    The contrary, i.e. "neglecting the interests of IDPs carries a real Political Risk that Frozen Conflicts associated with them can re-ignite at any time", warns MEPs' Motion. "Continued international indifference to long-term displacement situations can lead to renewed conflict, significant loss of life and the displacement of many more people from their homelands".

    - "Scattered in 11 of the 47 member states of the Council of Europe" (almost 1 in 4 : 20%), "the unresolved situation of internally displaced persons (IDPs)", led to "regular expressions of concern" by CoE's Assembly, which " has consistently called on governments to seek durable solutions for the return of the displaced and to guarantee the protection of their rights", stresses the Motion from the outset. This "includes: Armenia, Azerbaijan, Bosnia and Herzegovina, Croatia, Cyprus, Georgia, “the former Yugoslav Republic of Macedonia”, Moldova, Russia, Serbia and Turkey".

    Some 3 million People "remain displaced" in CoE's area, "99% of whom fled their Homes" 15 to 35 years ago "as a result of Conflicts", "and most of them have settled elsewhere than their places of origin". "The Majority of the displaced ...struggle to enjoy their rights and are marginalised by disregard or for failure to protect their human rights, in particular economic, social and cultural rights"..

    From Russian President MEDVEDEV, to Croatian Prime Minister SANADER, several Chiefs of State or Government have officially accepted the Principle of IDP's return, despite problems on the spot. But others still abstain or refuse to do so..

    While things evolve slowly in the Balkans, Cyprus' reunification Peace Talks started to deal with Refugees/IDP's issues, where classic differencies have to be overcome, and ECHR's judgements to be clarified and applied also on Cyprus' territories occupied by Ankara's troops.

    - But "Refugees and IDPs must also be associated and actively involved, in one way or another, to Negotiations on their Future : It would be an error to totally ignore their views", warned "EuroFora" also Draftswoman JONKER, as President of CoE Assembly's competentCommittee.    


    CoE''s Member "States" must "inform and involve IDPs on all relevant steps, and to the extent possible, provide them the opportunity to participate in Decisions affecting them", Motion says.

    "As regards Political Solutions", CoE's Ministers should "step up efforts aimed at the peaceful settlement of the conflicts ... with a view to guarantee Return of all refugees and displaced persons to their places of origin if they so wish". Therefore, CoE should "work with respective governments and international actors towards creating durable Solutions for the Displaced, with a particular focus on planning for Returns, and for Property Restitution or Compensation"

    The Motion "calls upon member States" to "ensure the Safety and security of IDPs, particularly at locations of Return". To "fully respect the voluntary .. Return", and "to Restitute Property".  "CoE must contribute more effectively towards creating sustainable conditions for safe Return of IDPs", and  "raise awareness on the existing protection mechanisms under the European Convention on Human Rights", which developed a pioneer case-law in Strasbourg, cited as an example throughout the World, since 1996-2009.

    - The Human "Right of IDPs to choose between Return to their Homes, local integration at the site of displacement, or Resettlement to another part of the Country must be respected. That choice must be voluntary and informed", CoE's Motion stresses.

    - "IDPs should not be used as political pawns" : ."In the absence of political settlements, (temporary) ...local integration is not necessarily incompatible with return" : "Enabling the displaced to lead a normal life, and protecting their right to return, are not mutually exclusive". While "governments should not deny the scale of displacement ...and direct international attention elsewhere".

    CoE's Motion also asks to " fight against the Impunity for Violations suffered by many IDPs", and urges CoE's member States "to investigate and bring to Justice the Perpetrators of Human Rights Violations and Crimes committed during the various armed Conflicts that have led to displacements".
    
    This is part of PACE's intention to focus, at its June 2009 session, on the struggle against Impunity.
---------------------------

    (PHOTO, above : The "Jonker Equation" : 5 Political Group Leaders and ECHR's President backing Refugees' Human Rights and Peace, will succeed to find solutions ?)

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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

------------------------

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

imag0103_400

    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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