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Accueil 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

Ecrit par ACM
dimanche, 01 février 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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The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

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