

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

- "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.
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(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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Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.
The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.
Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP) Michel BARNIER and Rachida DATI :

- "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",
"This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER .
- Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.
This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.
The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :
- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.
Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed
And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.
It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...
But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.
F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR : 257, compared to 233 for Russia, with a population more than the double..
The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :
- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.
Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.
On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).
The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.
ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.
Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.
A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is currently prepared by CoE's Parliamentary Assembly for the session of June 2009.
The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.
Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :
Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"

(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)...
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