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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 :
 
 
 coe_assembly_committee_hearing_on_refugeesidps_eurofora_400
 
 
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).
 
 
 un_rapporteur_on_idps__pace_president_coeeurofora_400

 - "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"...
 
 
uno_repesentative_for_idisplaced_persons_looking_at_old__new_echr__agg_eurofora_400 

>>>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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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
---------------------
French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
---------------------------------------

- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.

    It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.   

 But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...


    Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.

    And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.

    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

    - On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".

    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

    It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.

    It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..

     - "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".

    "France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World".  "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.

    But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.

    "We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.

    "I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).

     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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