UNO Envoy, Prof. Kälin, to EuroFora : Displaced People suffer too long at Europe's frozen conflicts

Paradoxically, at Europe's outskirts, displaced People, obliged to flee their Homes and ancestral land, hindered to return and/or get restitution or compensation for their private and family properties, among "frozen" conflicts, suffer longer than elsewhere in the World, since in far away and poorer countries striken by bloody conflicts in the Past, refugees and IDPs often return and progressively recuperate their belongings, denounced UNO Secretary General's Envoy on Displaced persons, Professor Walter Kaelin from Switzerland, to "EuroFora".

    UNO's Envoy revealed that the oldest and still remaining unsolved problems of Refugees/IDPs concern Europe, starting from Cyprus since UNO was founded :

    Curiously, "outside Europe, very often, Solutions allow People to go back". On the contrary, "it's very much in Europe, where we have such protracted situations", he stressed.

    - "That's why it's so important to address the root causes", and find political solutions respecting IDP's Human Rights. We cannot go on for ever like this".

    - "Unfortunately, over the Last Years, the situation of internal Displacement in Europe has continued to remain Stagnant. Europe continues to have more than 2,5 million IDPs, mainly in Caucasus, the Balkans, Turkey and Cyprus", he denounced earlier at CoE's Assembly.  

    - "What us even more Worrying  : 99% of them find themselves in situations of Protracted Displacement, having fled their Homes some 15 to 35 Years ago, as a result of Conflicts", he observed.

    In this context, UNO's Envoy stressed that Displaced People's Voices must he heard during Peace-Talks, according to General Principles explained in a UNO Book due to be published on December 2009.
    
    The move came after a fresh CoE Resolution and Debate on Refugees and Displaced Persons' Human Rights, and efforts to find Peace Solutions in protracted Conflicts, drafted by Brittish Conservative MEP John Greenway.

    - "What is important is that the Displaced persons have a Voice", Kalin told "EuroFora" from the outset.

    - "It doesn't necessarily mean that they sitting at the Negotiating Table, which is usually for the Politicians. But it does mean that their Voice must be heard", he explained.

    - "For instance : Today, do they want to return ?  What do they think it's to be done to restore Justice ?  What they think it should be done to address Property issues ? etc.

    - "So, one should consult the internally Displaced persons (IDPs)", on "how do they see the way towards a Peace Agreement.  And what would they say on their Rights, is to be brought to the Table to negotiate".

    - "They should not be left out (of the Peace Talks) ! That's the basic idea", he stressed.

    UNO's Representative was replying to a "EuroFora's" question on whether and how Refugees and Displaces persons could participate "in Peace Talks" as he had evoked earlier as a matter of general principle on UNO's new trends.

    - "What we are preparing at  UNO, is a Manual for Mediators in Peace Talks". It will explain "how Displaced persons can be integrated into Peace Talks and Peace Agreements", he anounced.  UNO's Book will be "building up on best practices and examples which already exist, and will explain, in simple steps, how this could be done".   

 - "It will be published during the course of December" 2009, (i.e., by coincidence, at a crucial turning point for some on-going Talks, f.ex. on Cyprus)..   

 In fact, it's all '"my Mandate" that "has been focusing on how to tackle the problem that IDPs are often not involved in Peace processes, or that they become object of political manipulation", he observed.  

 Kaelin also acknowledged that the Drama of People becoming Refugees or Displaced persons often affects many Generations, not only on their Homes and Properties, but also "on their Health", "Education", etc. : - "Yes, of course. These are Real Problems. Especially regarding Children" of Refugees/IDPs, he agreed with "EuroFora".     

F.ex. the drama of 3rd generation IDPs, Children obliged to grow up without ever seeing  their Grandmother or Grandfather because they have died too early from a shaken health provoked by manifold consequences of their enforced displacement. 

( CoE's Chairwoman on Refugees, ChristianDemocrat/EPP Dutch MEP Corian Joncker : -"Behind Refugees' Numbers there are Human Persons, with their History and sufferings")
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 -  "But during the time People have to wait for Political Solutions, they should be allowed to have normal lives.; They should not be kept in a very bad, precarious situation", Kalin added.

    Because, "even in the absence of Peace Agreements, much can be done to improve the situation of IDPs. In particular, it's important to accept that.. they do not loose their Right to Liberty of Movement, and Freedom to choose their Residence, (as guaranteed by Article 2 of Protocol No 4 to the European Convention on Human Rights). This means that IDPs have a Right to return to their Homes", he stressed earlier.

    Meanwhile, "a Displaced person's decision to reintegrate (locally) must Never be viewed as a Renunciation of the Right to Return. Rather, succesful local integration can avoid protracted displacement and dependency syndroms, and prepare IDPs for an eventual Successful Return", he said.

    + When "protection of Property left behind, and ultimately its Restitution or Compensation, are often ignored", this "remains a serious source of Grievance, and a Trigger-point for Future Conflict", UNO's representative warned.

    Refugees Human Rights to return and/or to their Homes and Properties must be protected in any Political Solution, in order to be sustainable, including their Safety by investigating and bringing to Justice perpetrators of Crimes eventually committed against "MISSING" People, stresses the CoE Report adopted this week by CoE Assembly.  

 The Report on "Human Rights of long-term Displaced People in Europe", mainly aims to usefully link Human Rights' respect and Solution of "Frozen Conflicts", and that's why it was discussed during June's CoE Assembly's Plenary, which focused on the struggle "against Impunity", said to "EuroFora" the President of the competent Committee, ChristianDemocrat Dutch MEP Mrs Corian Joncker.

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    - Expressing "Concern over the Unresolved situation of Displaced persons", CoE's Resolution "asks on Governments to seek Durable Solutions", and "to guarantee their Rights under CoE's relevant provisions (on Human Rights) and in line with the UNO's Guiding Principles on internal Displacement", drafted at nearby Geneva by Professor Pinheiro.

    - "Competent Authorities have the primary Duty and responsibility to establish conditions... that allow IDPs to Return voluntarily, in Safety and with Dignity to their Homes or places of usual residence.. Transitional Jusctice measures have to be established to address wrongs suffered (including Arbitrary Displacement) and Perpetrators of International Crimes have to be brought to Justice", CoE's Resolution stresses from the outset.

    - "IDP's Right to Return, .. as well as their ..Freedom or Movement deriving from International and Regional Human Rights Law, must be unconditionally observed and ensured, by all responsible Authorities. This requires that potential returnees are guaranteed Security, which, in turn, underlines the importance of bringing those who caused the Displacement to Justice", says CoE's Rapporter, British Conservative MEP John Greenway

     F.ex., "more than 30 Years after having been displaced, up to 201.000 People continue to be internally displaced in the area under the control of the Government of Cyprus", and "are still unable to take back possession of the Property they forcibly left behind, or to return to their Homes". Meanwhile, "excavations,exhumations and identifications are ongoing" about "Missing persons", "But Investigations as to the Conditions (in which) they disappeared and/or they perished, have Not begun", Greenway's Report denounces.

    In such cases, "property remains the main outstanding issue for Displaced persons", he observes. Illegal sales or changes on Refugees' Properties in the Turkish Occupied Territories "have complicated matters further": "In 2006, the Republic of Cyprus passed a Law making the purchase, rent and sale of property owned by Greek Cypriots in the Occupied part, without the consent of the registered owner, a Crime. Displaced persons have applied to domestic and International Courts to assert their Rights". After ECHR's judgements condemning Turkey, "on March 2006, the T/C leadership established an "immovable Property Commission", whose "effectiveness and adequacy ..is not recognized by the Government of Cyprus", and "is still being examined by the ECHR", whose "decision ..is pending".

    Meanwhile, a "Landmark Judgement, regarding the Property Rights of Greek Cypriots, in relation to their properties in the Occupied part of Cyprus which are illegally sold to Foreign Nationals, was issued on the 28th of April 2009 by the Court of Justice of the European Communities". "The (EU) Court said .. that a Judgement of a Court in the Republic of Cyprus must be recognized and enforced by the other (EU) Member States, even if it concerns land situated in the northern part of the island", Greenway's Report underlines on Orams'' case, 2 British buyers of Greek Cypriot Refugees' homes.

    As a matter of general principle, CoE's Resolution "warns that neglecting the Interests of IDPs carries a real Political Risk that the Frozen Conflicts associated with them can re-ignite at any time".

    That's why, CoE's "Assembly recommends (CoE's) Committee of Ministers", "to seek New Political Impetus for finding Peaceful durable Solutions, including the voluntary and informed Return of Displaced Persons to their places of origin", and "urge all CoE Member States to uphold the International Law Principles of State Sovereignity and Territorial Integrity of Member States".

    Refugees and Displaced persons must be "involved .. in all relevant Steps leading to durable Solutions regarding them", and Governments should "work out, together with the IDPs", "to ensure their Safety and Security, .. particularly at locations of Return", and "pursue .. Reconciliation.. by fostering a .. climate of Respect, Tolerance and Non-Discrimination, and by Investigating and bringing to Justice Perpretrators of Crimes against Humanity, War Crimes and Inter-Ethnic Violence", Resolution adds.

    "To strengthen... Stability", "all CoE's Member States" are "invited" by PACE's Resolution "to support the ... Voluntary Return" of Refugees, and "to Restitute Property or occupancy/Tenancy Rights, and/or provide Prompt, Effective and Fair Compensation, to the extend that Restitution is not possible, as well as "repair or rebuild restituted Houses, or construct alternative(s)".
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CoE's moves on Refugees' Properties
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    Meanwhile, the President of CoE Assembly's Population and Refugees' Committee, Dutch ChristianDemocrat MEP Mrs Corian Joncker, said to "EuroFora" that a New Report on Refugees and IDP's Properties, drafted by Danish Liberal MEP Jorgen Poulsen, should be adopted by the Committee "during late Autumn 2009".

    CoE's Rapporteur himself, speaking to "EuroFora", revealed that the Report, based on the famous New UNO "Pinheiro principles", (from the famous UNO Rapporteur on Refugees' Human Rights), "has just started to be Drafted, in parallel with a Study by an Expert".

    Chairwoman Joncker suggested to the Head of Cyprus' Delegation, MEP Georgiou, Chair of the National Parliament's Committee on Refugees, to co-organize, together with the CoE, a PanEuropean meeting of her Committee on Population and Migration "in Cyprus", during which it might also advance, (fex. with a Hearing, etc), its forthcoming Report on Refugees' Properties restitution.
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CoE to promote PanEuropean Refugees' Collective Organisation
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     Meanwhile, a New CoE proposal to facilitate all European Refugees to meet and collectively organise the defence of their Rights, curiously attracted Turkish MEPs' opposal :

    CoE's Resolution calls "to bring together Representatives of IDPs from accross Europe, in order for them to share and learn from their different experiences".

     CoE's Assembly earlier rejected an attempt by 5 Turkish MEPs  to "delete" that reference.

    - "NGOs can organise such (PanEuropean Refugees') meetings", observed MEPs from other Countries. CoE already has a Forum for International/European NGOs, which holds its session parallel to CoE's Parliamentary Assembly, under its current President Mr. Heydt, from Strasbourg.