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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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Sarkozy and Merkel : June 2009 solution to May 2005 "NO" ?

 - Will French President Nicolas Sarkozy and German Chancellor Angie Merkel live up from June 2009 to their obvious Historic European mission to revitalize, and re-launch the "European Dream", after the series of 3 "NO" since May 2005 in France, the Netherlands and Ireland, by renewing, and changing the EU with fresh stimulus, big horizons, and values attractive for EU Citizens ?

Whatever views anyone might have, it's a Fact that, recently, EU's political spectrum didn't produce other more charismatic and popular EU leaders than Merkel and Sarkozy, starting from September 2005 and May 2007, respectively.

This trend was confirmed, in one way or another, both during the German EU presidency in 2007 (shared by Merkel with the SPD), and mainly during the French EU Presidency in 2008, (with Sarkozy "free" to move).


The positive 2009 EU Polls are a natural consequence :

- Both with 72% Sarkozy and Merkel are considered by EU Citizens to be "the most Influential" leaders in Europe, by far.

- They are the only EU political leaders to attract a Majority of "Positive" views by EU Citizens, (Merkel over 60%, Sarkozy over 50%, particularly in the continent).

- 60% of EU Citizens find the 2008 French EU Presidency "Good", (and the satisfaction grows up to 67,5% in continental Europe).

The Poll was made by "OpinionWay" in big EU countries as Germany, Italy, Spain and the UK, (with the only exception of France), from 26 to 28 May 2009.

sarkozy_merkel_polls_400

But the most important is that both Franco-German leaders seem willing to, at last, really start serious business on EU's indispensable renovation and Renaissance from 2009 : Year of crucial EU and German Elections.

Therefore, this time, the joint European move by Sarkozy and Merkel, which just published a common Franco-German Manifesto, aims to stimulate aspirations and action not only in their respective countries, but also in many other EU "partners", as they say.

Both on EU economy, social values and scientifico-technologic research, as well as on Turkey's controversial EU bid, obviously incompatible with a popular Political Europe, whose Citizens can find a collective Identity and popular Values, they have already started to magnetize various growing voices accross the European landscape :

"Today, more than ever, it' time for action", they stress from the outset.

Facing "an unprecedented Global financial and economic Crisis", "Europeans must get resolutely involved if they want for the World which is being built to meet their Values of Liberty, Solidarity and Justice".

"That's what we want" and "propose to our Partners" :

* "A strong Europe, able to protect us" :

- "We refuse a Bureaucratic EU, which mecanically applies burdensome rules and is afraid of change. We want a European Union which listens what Citizens have to say, which innovates, stimulates".

- "We want a strong and united EU in the World, while also respecting its Member States' Diversity", which "brings Courageous Replies to the Questions of our Times, ensuring our Prosperity :  

This implies to "favor Research and Innovation", "Economic Coordination", to "develop real Policies on Immigrationn, Energy, Defence, and modernise  common policies, particularly Agriculture".

*  "EU must bring immediate replies to the Global Crisis".

- "Lawless liberalism failed". "The Model we want is that of a Responsible Market Economy, which favors Enterpreneurs and Workers, above Speculators ;  Long-term Investment, over immediate profiits".

- "We appeal upon the EU to take, from June, the first decisions to ensure a real European Regulation of Financial Markets, based on coordination and cooperation". "On speculative funds, on fiscal heavens, CEO's and financial operators' earnings, EU must give the example".

- "We call to change the rules of accounts, which are important for our Economy's revival : The competent normative authorities must take action". "The issue of a sufficient Credit offer is of central importance for our Economy". "We don't accept that, during this Financial Crisis, the European Banks' capacity to lend money might be unjustly reduced by Capital's requirements and accountant's rules

* "During the German and French Presidencies, EU has resoçlutely prepared itself for the fight against Global Warming... EU is the 1st and only area in the World to have adopted a package of ambitious and legally binding rules to comply with International Aims"

- "We have now to convince our Friends and Partners, to get involved, in order to atteint, next December at Copenhagen, a Global Agreement worthy of whay is at stake. Our closer ally, the US, but also other big industrial countries, must commit themselves with the same force as the Europeans".

"Green Growth is a Chance ... and an opportunity to create jobs turned towards the Future. Europe must be a leader".

- But, at the same time, we must ensure that our companies remain competitive in the World. The ambitious European involvements on Climat must not lead into a position where EU industry might become a Victim of Unfair Competition. Climat protection and Competitvity must go together. If our International partners refuse to associate themselves to our efforts, we are determined to take measures to protect European Industry"

* "Europe must be more ambitious for its Industry" : "It must favor the emergence of strong European enterprises at a Global level".

- "As long as an International mechanism" to "monitor Public Aids at WTO level, and hinder 3rd Countries to give abusive subsidies to their enterprises, provoking unfair competition", is "not yet set up, we must consider Transitory European Solutions".

* "The current Public Debt is too heavy... We must head anew towards sound public finance, as soon as we'd have passed the crucial stage in this crisis".
-------------------------------------------------

* Last, but not least :  "Europe must play a top-level role in the World"

- "For that purpose,  it needs efficient Institutions. That's why we need Lisbon Treaty". "The 27 Member States decided, last December (2008) that the Treaty should enter into force before the end of this year (2009)". To obtain that, June EU Council must agree "on the Guarantees for Ireland".

- But, "to be able to act, EU needs Borders. An Enlargment without Limits is not possible", Sarkozy and Merkel stressed in an obvious reference to Turkey, etc.

- "In order to be strong, Europe must assume its Values and its Identity". "Human Rights .. are at the basis of our commitment for a Peaceful Development accross the World".

- "For that purpose, we shall strengthen our common Defence and Security policy".
----------------------

* "We are ready to contribute to activate the EU towards the realisation of these aims, with our EU Partners".

"In order to succeed", Europe  "needs the active involvment of all, starting by Citizens themselves. That's why the June 7 rendez-vous is important", and "we are calling all Europeans to vote".

"We are convinced that, if Europe wants, Europe can", they conclude.
-----------------------

Precisely : - What can better forge "Europe's Will" than a "European Consciousness" emerging from political, democratic struggles to face Global Challenges, and open big New Horizons, including by crystal-clear Public Debates, with active EU Citizens' involvement, before the most important EU Decisions affecting People's lives ?

Precisely what "EuroFora"s project warns since 1997-2007, and unprecedented Majority Abstentions, since 1999-2004, added to 3 "NO" to EU Referenda in 2005 and 2007, proved meanwhile..

Let's hope that the Time wasted by some scandalous anti-European and anti-Democratic obstacles of the Past, will stimulate faster, simplified but substantial and persistent, efficient action.-

Polls

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 ?

Results

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