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Home arrow newsitems arrow UN Rapporteur on Displaced Persons Jimenez-Damary to EF: Homes/Property=Very Important Human Right

UN Rapporteur on Displaced Persons Jimenez-Damary to EF: Homes/Property=Very Important Human Right

Written by ACM
Tuesday, 24 April 2018
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*Strasbourg/CoE/Angelo Marcopolo/- Relying to "Eurofora"s Questions on a CoE's Draft Report which Denounces as "War Crime" the Replacement of Population in an Occupied Territory, (as f.ex. in Cyprus, etc), UNO's Special Rapporteur on Internally Displaced People (IDPs), Cecilia Jimenez-Damary, stressed, also on this regard, the particular Importance of the Human Right of Refugees/Displaced People for a Free Return to - and/or Restitution of, or fair Compensation for their Family Homes/Properties and - their Ancestral Land :
 
 
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UNO's Rapporteur, who was this Afternoon the Key-Note Speaker in a Well-Attended, Exceptional Meeting of CoE Parliamentary Assembly's (PACE) Committee on Migration, Refugees and Displaced Persons,
 
 
 uno_representative_fopr_idisplaced_persobns_speaking_at_coe_assemblys_competent_committee_eurofora_400
 
had "just arrived" to Strasbourg from "Country Visits" on the spot at "Libya and Nigeria", as she told us, and was Earlier this Morning received by the new President of CoE's Assembly, Michele Nicoletti, from Italy, while she is due to Speak mainly at a subsequent PACE's Plenary Session Debate, later Tomorrow Afternoon, (as well as on a Specific "Side Event", organized earlier that same day by PACE's Rapporteur on IDPs, ChristianDemocrat/EPP MEP Killion Munyama from Poland, (See Infra).
 
 
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 - "The Challenge is to try to Recover the (Human) Right to the Property or to Compensation for IDPs", underlined Jimenez-Damary, in this regard.

 - "And, I think that it's a Very Important Right !", she stressed.

- Both "Of course, under the European Convention of Human Rights".

+ "But also Under the International Treaties, as well", added further UNO's Rapporteur.

++ This could, obviously, also Facilitate the "Return" of Displaced Persons Back to their Homes and Ancestral Land, as "Most Governments Want", and, dans certain cases, Refugeed/Displaced Persons also Wish themselfs, (f.ex. in Cyprus' Territories Occupied by Turkey's Army, etc), but are Hindered.

- Mainly Because of "Population Replacement" by an Occupying Country : Something which had been practiced "a lot" onlly in a Remote Past : - "Generations ago, Centuries ago", but Nowadays "it has Become a War Crime", according to the International Criminal Court's Statute, as a relevant CoE's Report (Drafted by Polish ChristianDemocrat MEP Killion Munyama, and due to be Debated+Voted Tomorrow, Wednesday Afternoon, in Strasbourg), clearly points out :

Indeed, the Draft Resolution which accompagnies it, clearly stresses from the outset (§2) that "under the Statute of the International Court, it constitutes a War Crime, for an Occupying Power, to Transfer ... parts of its own civilian Population into the Territory it occupies, and to Deport of transfer, all or parts of the Population of the Occupied Territory, within or Outside this Territory". I.e. precisely what Turkey has notoriously done in the Northern Territories of Cyprus, that Ankara controls with its Invasion/Occupation Army since 1974, where Turkish Colons imported from Anatolia have Replaced the Greek Cypriot Refugees/IDPs who used to live there from Ancient Times, Obiged to Flee the Turkish Military Invasion, and still Hindered, until Now, to Return Back to ther Family Homes and Ancestral Land, despite many ECHR's Judgements Condemning Turkey for such Massive Violations of Human Rights...

 - "This shows the Development of International Law, in order to Overcome that Problem", stressed UNO's Rapporteur for Displaced Persons.

- "I don't want to go into the Comparison Game" with the Past, about the Number of existing Problems.

-  But, at least, what is clear is that, "Right Now, Because of the Development of Legal Standards, there is More Awareness of what Needs to be done", she pointed out.

=> In consequence, "I think that we should Try to Take Advantage of this Positive Development on International Legal Norms... We should Use the Law, wherever we can", UNO's competent Rapporteur on Displaced Persons advised.

- In Fact, "Europe is now full of such (Human Rights-related) International Legal Frameworks !", observed UNO's Rapporteur, who is a Lawyer from Philippines, but works mainly at nearby Geneva.

+ "Again, let's Hope that they (Legal Treaties on Human Rights) are Implemented properly ! ", Jimenez-Darmary put the Finger precisely at a "Burning" point, with a Smile...

=> Lauphing Critically, at "Eurofora"s reminder of the Fact that, even here in Strasbourg, at Europe's Core, ECHR's "Legal" Judgements' Implementation depends from the Supervision of CoE's top "Political" Body : its Committee of Ministers, UNO's Rapporteur on IDPs said that - "I Hope we will Not have to Wait ECHR's Judgements' Execution for Ever"...
 
 
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>>>Because, as a matter of Principle, ECHR's "Judgements are supposed to be Executed !", Jimenez-Damary stressed in conclusion.
Symbolically, while saying that, UNO's competent Rapporteur was Looking, through a Huge Window of CoE's Palace, straight ahead to ECHR's initial, Historic, "classic" Building, and to its New, Current and much Bigger, Modern Building, located one after the other, all along a Line in Front of her Eyes... (See relevant original PHOTO).       
 
+ In Addition, Jimenez-Damary told "Eurofora" that she Knew about Professor Pinheiro's World-Famous UN-Backed "Principles", and found them "very Good", (mainly on "Restitution" of Refugees/IDPs' Homes and/or Properties, on which We had Reported already as Early as Since a 1st Pinheiro's Draft Report at Nearby Geneva, initially at "TCWeekly", "MPAgency", etc until their Final, Special Edition in a Book Published and Backed by CoE's Secretary General, UNO's High Commissioner for Human Rights, and UNO's High Commissioner for Refugees : See, f.ex. ..., etc).

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

- However, already in the Oldest Case of ECHR's case-law on Refugees/Displaced People's Human Rights to their Family Homes and/or Private Properties : that of EU Member Country Cyprus, CoE's current Rapporteur on the "Humanitarian Needs and (Human) Rights of internally Displaced Persons in Europe", Christian-Democrat/EPP MEP Killion Munyama, speaking earlier Today to "Eurofora", told us that he "Knew" these cases of Massive and Continuing Violations of Human Rights, for which, his Report notes that they Affect around "228.000 - 232.000" People, (i.e., notoriously about 20% of that Country's Total Population !).

- And COE's Rapporteur made it clear that he also Knew that these Massively Displaced Persons' Rights' Denial, (mainly Greek Cypriots obliged to Flee the Turkish Military Invasion/Occupation of 1974, and, since then, still Hindered by Ankara's Troops to Return Back to their Family Homes/Private Properties and Ancestral Land, despite several UN SC Resolutions and ECHR's Judgements Condemning Turkey for Violating their Human Rights), has already durated more than 43 Years (1974-2018), i.e. "Since 1974", as he told "Eurofora".
 
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>>> His Report, clearly Denounces the Fact that "the ECHR has Dealt with Applications by Cypriot IDPs Since the Landmark Judgement in the Case of "Loizidou v. Turkey" of 1998", (in fact, already since 1996 = ECHR's Judgement on the Substance of this case, the Latter, Follow-up Judgement concerning only the Financial Compensation for Non-Execution of the Initial ECHR's Judgement). And it also adds, pertinently, the more Recent Fact that "in its Judgement "Cyprus v. Turkey" .. of 12 May 2014, ... (I.e. + 8 Years Later-on) the Court (still) Found a Violation because of the Turkish Authority's Complicity in Unlawful Sale or Exploitation of Greek Cypriot Homes and Property in the Northern Part of Cyprus", controled by Turkey's Army, (See § 55 of that Report).

=> Obviously, as long as the Impunity of Turkey still remains, as far as it concerns its blatant Denial of ECHR's landmark Judgement in "Loizidou" case of 1996/1998, (followed also by that of the InterState Application in "Cyprus v.  Turkey"'s affair : Hearing = 1994, Judgement = 2001), related to Ankara's Military Invasion/Occupation of 1974, it was Inevitable for the CoE to Start having also Too Many Other Cases of such Massive Violations of Human Rights Afterwards : f.ex., in the Kurdish Issue, inside Turkey (1984-2018); on the Nagorno-Karabah Conflict (since the 1990s+), in Bosnia-Herzegovina ( 2000+), Georgia (2008) and Ukraine (2014), etc., as COE's Rapporteur notes in his Paper's Conclusion, also on § 33.

- But, Cusiously, in the Draft Resolution which accompagnies his Draft Report, Munyama doesN't say Anything Critical at all for Turkey's blatant Contempt to ECHR's Judgements concerning Greek Cypriot Displaced Persons, (Page 33) ! On the Contrary, that Report even goes on to Boast about a so-called ..."Important Progress (sic !)
made in the Humanitarian situation of IDPs in Cyprus" !...                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
 

=> Will, an Amendment eventually Tabled to be Voted Tomorrow Afternoon, at CoE's Parliamentary Assembly's Penary Session, Rectify such a Blatant Contradiction Between CoE's Rapporteur's Findings and that Draft Resolution's Claims on that "Hot" Point, which are an obvious Blunder ?_
_______________________________________________
 

 
 turkish_official_does_not_reply_to_meps_question_on_child_labour_eurofora_400

Or will it remain, perhaps, as such a grossly Negative Mark as that which was left by a Turkey's Official from the "Disaster and Emergency Management Authority" (AFAD) of Ankara, (another Invitee of that PACE's Committee), who, astonishingly, did Not even Reply (sic !)
 
 
 mep_who_asked_for_child_labour_in_turkey_and_got_no_reply__eurofora_400
 
 
to the Critical Observation of a MEP about "Reports of Child Labour" among Syrian Refugees massed inside Turkey's "Camps" (See Infra)...
 
 
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 ---------------------
 
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Shortly Afterwards, outside of the CoE, this Same Day for the Anniversary of the "Armenian Genocide", the Tireless President of Strasbourg's Alsace Region's Armenian Friendship Association, Pierre Zouloumian, surrounded with a Team of Young People that he organized, was just Concluding his Annual Speech to that Popular Ceremonial Meeting at the Republic's Square, handing a Copy of a "Press File" to "Eurofora", (by a coincidence, under a Huge Tree reportedly stemming from the Seed of Japanese Roots which had succeeded to Survive, Underground, at Nagashaki-Hiroshima even the 1st Nuclear Bomb Explosion)...
 
 
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Nearby, the Armenian Ambassador/Permanent Representative to the CoE, Parnyr Hovhannisyan, speaking to "Eurofora", feels necessary to Timely Link the Human Values standing behind the World-Wide Condemnation of the 1st Genocide of the 20th Century AC, (in fact a Massive and Brutal Attempt to "Replace" an entire Historic Population by Forcibly Displacing it towards the Syrian Desert), with the Recent Aggressions of Deadly Islamist Terrorists notoriously helped by Turkey in Syria and Iraq against, precisely, a few stll remaining Armenian Survivants in some Villages there, but also against Yazidi People, Kurds, Christian Minorities, etc.
 
 
 armenian_families_at_republic_square_after_the_meeting_for_the_memory_of_the_genocide_eurofora_400
--------------------
But who, amidst CoE, EU and/or UNO will Urgently Help to at least alleviate the current Plight of about "200.000" Civilian People (130.000 already in a "Camp"), reportedly Displaced from their Family Homes, Properties and Ancestral Land, at the Syrian Kurdish Canton of Afrin, recently Invaded and Occupied by the Turkish Military escorted by some Radicalized Islamist Armed Gangs (some say even former ISIS Members, hastily Recycled) ?

- "They (UNO's Officials) don't even speak to us yet :!", complained (Yesterday, invited by MEPs at a CoE's "Side Event" in Strasbourg) the Syrian Kurdish Political Leader, Salem Mohamed Maslem, whose Organisation, the "Party of Democratic Union", had notoriously Helped the USA-led International Coalition to succesfully Fight against ISIS' Deadly Islamist Terrorists cowardly Targetting Civilian People, (Comp.: ....).
 
In Syrian Kurdish Canton Afrin (now Controlled by the Turkish Invasion/Occupation Troops and its Proxy Gangs of Armed Extremists), systematic Attempts to "Replace" its Ancestral Inhabitants by Other Groups, Imported by the Invading Turkish Army, seems to have already Started,  (as also reported Obstacles for Refugees/Displaced Persons' Return, Changes of Street Names clearly indicate)...
 
 
 
(../..)
 
 
 
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Former "Green-Red" German government's Foreign Minister Joschka Fischer's job at the controversial Turkish pipeline "Nabucco" was denounced as "not proper", "very bad", and "incompatible with Democracy", by the new President of EU Parliament's EuroLeft Group, German Lothar Bisky, replying to an "EuroFora" question.

For once, criticism of Joschka Fischer's doings with Turkey affecting Europe, didn't come only from the Center-Right of the political spectrum, but even from his Left side : The experienced Bisky, who has been chairing all over 1993-2009 the PDS - Die Linke party :  

- "Former Foreign Minister Joschka Fischer got involved in dealings with oil-gaz business in a foreign country, Turkey, and its controversial Nabucco pipeline. This raises questions about Democracy, also because of the well known problems of Human Rights violations in that country. Do you thing that this might be abused in order to cover up and close EU's eyes on Human Rights violations ?", "EuroFora" asked Bisky.

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- "Nabucco pipeline is (only) at the planning stage". And "there are some difficulties",  he observed from the start. But "'I don't want to get into the details of Nabucco pipeline, because I don't think that there is any point for it at the moment".
 
At any case,  "we  (EU Parliament's EuroLeft Group) strongly believe that Politicians should not get involved in the Energy Business, and all these commercial transactions", President Bisky declared on the Joschka Fiischer's affair.

- "We feel that it's something that shouldn't be done. It's not proper !"           

- "We don't think that it's compatible with Democracy either, and it gets politics into a very Bad track", Bisky went on to denounce.
                                                                                                                                                                        
- "EuroLeft  and "Die Linke" always spoke against that, saying that politicians should not get directly into the arms of private enterprises"

- "It is pretty bad if a former Minister takes a job f.ex. in a major Energy producer. So, it's an issue if a Minister who may have seen excellent opportunities, subsequently gets personally grasp of them, in very serious parts of the economy, once he has given up his (Government) job."

- "It doesn't really make politics in general look any better'", Bisky concluded.

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Earlier, this week in Strasbourg, other Journalists had also raised critical questions on former Foreign Minister Joschka Fischer's involvement in the conroversial Turkish Nabucco pipeline to the President of his own EuroParty : Kohn-Bendit of the "Greens", who, contrary to Bisky, tried to find excuses for Fischer, while criticizing his long-time partner, Schroeder for having done a similar move :

- "Shroeder was chancellor", and he "negociated" with "Russians", who gave him a job only "3 Months" after he resigned from the Government. While "Joschka Fischer", on the contrary, got a job with the controversial Turkish Nabucco pipeline only "4 Years after" he left the Government. "He didn't negociate Nabucco", so I have "no objection", Kohn Bendit claimed.

But, many Facts indicate the contrary :

Joschka Fischer was Foreign Minister in Germany from 1999 up to 2005 : I.e. from the year that EU took the controversial decision to give Turkey a "Candidate" status, until he year it started controversial "accession negotiations, (later declared "open-ended" after Sarkozy-Merkel's arrival from 2005-2007).

During that period was prepared the controversial so-called "Annan" Plan (in fact, drafted by others and attributed afterwards to the former UN SG) on Cyprus, which failed after a Popular Referendum said "No" on 2004 with a large Majoriy of 3/4 : 75%. Mainly because it was criticized for making too much concessions to the Turkish side :  Particularly by restricting Greek Cypriot Refugees' Human Right to return to their ancestral Land and/or get restitution of their Familiy Homes and private properties, usurpated by Ankara's Army since the 1974 militay invasion and continuing occupation of the northern part of Cyprus. And by weakening the Central Government, leaving to 2 "constituent States" so much powers and separate interests that more conflicts appeared inevitable, provoking the danger of a break-down in the foreseable future, with more crisis, troubles, perhaps bloodshed, etc., instead of creating an harmoniously integrated, really one federal State.

The controversial Plan was finalized on March-April 2004 at Burgenstock (Switzerland), curiously in the presence of an Envoy by the Ministry of Foreign Affairs of Germany, then governed by Joschka Fischer, but in the absence of a French and not even an European Union's Envoy, contrary to what was usually practiced on similar occasions in Switzerland (fex. in 1997 at Montreux, in 2000 at Geneva, etc).

Turkey notoriously exploited the failure of the "Annan" Plan in order to convince the EU to decide to start accession Negotiations on December 2004. This provoked an unprecedented series of Institutional Crisis inside the EU, shortly afterwards, when French and Dutch People rejected, 2 popular EuroReferenda by a majority "'No" vote to the EU Constitutional Treaty on 2005, aggraveted in 2004 a Majority Abstention to EU Elections, etc., followed by the recent Irish "No", etc.

"Nabucco" Gas pipeline was notoriously planned since ..2002. It follows an even earlier idea, for an Oil pipeline Baku-Ceyhun, which started to be prepared on 1999-2001 and was meanwhile recently completed.  

So, facts indicate that what is now at stake is based on decisions made during Joschka Fischer's term as former Foreign Minister, closely interested in Turkey's controversial EU-bid.

To the point that he now practically ...switched jobs with a poliician from Turkey, (the State which pays today openly Joschka Fischer), Mr. Ozdemir, who came earlier in Germany, got fast the nationality, and became EiuroMP in a few years, continuing now as head of the "Greens" in Germany, i.e. in Joschka's former job !...

Such astonishing facts risk, unfotunately, to give to German politician Lothar Bisky's criticism of  representative Democracy a topical meaning :

 - "We (EuroLeft Group) think that what is really at stake is Democracy. It's not only about Gas Pipelines or Energy sources", President Lothar Bisky went on to add in his reply to "EuroFora"'s question on Joscka Fischer's personal interests in the controversial Turkish "Nabuco" pipeline.

Such facts, "make People get more distance from Politics. ...People had had enough, and they are fed up !".

- "That's why we (EuroParliament's "EuroLeft" Group) want to strengthen Direct Democracy in Europe. Citizens should be involved in the (EU) Decision-making. In the end of the day, it's not going to help anyone if Politicians are always taking decisions, without involving Citizens. We want to give a voice to the People of Europe. They've got to have their say in the decisions that are taken. That's one of our absolutely fixed and steadfast views. We want more Direct Democracy in Europe. That's how it can become more effective and stronger", he concluded.

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