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Accueil 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

Ecrit par 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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    The incoming Swedish EU Presidency (July-December 2009) may still remain in favour of Turkey's controversial EU bid, despite June 2009 EU Elections' results, but it has "very strong demands on Turkey"'s obligation to respect EU Rules, said the Head of Swedish Foreign Ministry's Press Service, Cecilia Julin, to "EuroFora", reacting to critical Press reports.

    - "I know (that) the link is often made also to Sweden's position on Turkey"'s controversial EU bid. Indeed, "we (Swedish EU Presidency) are very much engaged in the future membership of Turkey, but not without fullfiling all the Criteria".

    - "It's very clear that we (Swedish EU Presidecny) have very Strong Demands on Turkey, in a sort of concept for Future membership of the Union, ...which will be a Long Process...", she stressed.

    This means, in particular, "the Copenhagen Criteria (on Human Rights, Democracy and Rule of Law), and also the adaptation to the Acquis of the European Union".

     - "If you listen to what Mr. Bildt (the Swedish Foreign Minister) says on Turkey at different occasions, it's very clear : We want Turkey to become part of the Union, in the Future. But we want it to fullfil all the Criteria : The Acquis of the European Union. That's very clear", she concluded.

    The Senior Official of the Swedish Foreign Ministry was reacting to critical Press Reports, from Brussels' Journalists invited by EU Commission's secretariat to Stockholm, who claimed that Bildt was abusing of a ..."Whip" (sic !) against Cyprus, by "threatening" the presence of UNO's Peace-keeping force at the "Green line" which separates the island's Government-controlled areas from the territories occupied by Ankara's army, if Nicosia didn't accept any political solution, regardless of Turkey's demands, before the end of 2009.

        Governing AKEL Party's new Secretary General, Andros Kyprianou, reacted by declaring that no-one can threat the People of Cyprus : -"We shall decide for our Future, and nobody else",  he reportedly said, asking to "keep calm". "In order to find a Solution soon, certain basic Principles must be respected", he stressed, calling those who feel an urgency to use their influence on Turkey. Other Political Parties were more critical.

    This was a reference to recently reported statements by Turkish Minister Bagis, Prime Minister Tayip Erdogan and Turkey's National Security Council (a Military-Political body), accused to push towards a partitionist "2 States" solution, contrary to UNO SC Resolutions for Cyprus' reunification.

    December 2009 is a crucial moment for EU's appraisal of Turkey's controversial EU bid, because EU Council has decided to review then Ankara's compliance with the European position on the recognition of Cyprus' Government, which was clearly set out by an EU reply of 21 September 2005 to Turkish Prime Minister Tayip Erdogan's claims, refusing to recognize even the existence of EU Member Cyprus, in controversial statements he made to London (former EU chair) on July 29, 2005.

    EU Parliament's latest Resolution on Turkey, adopted on March 2009 in Strasbourg, warned Ankara that "the non-fulfillment of Turkey's commitments... by December 2009, may further seriously affect the process of Negotiations" with the EU.

    In practice, the issue boils down to Ankara's "embargo" against Ships and Airplanes using Cyprus' seaports or airports at the strategic EU island, which traditionaly hosts one of the World's biggest Shipping flags. EU has already "freezed" 6 relevant Chapters in EU - Turkey Negotiations since December 2006, after Ankara refused to fullfil a commitment it had undertaken when EU had decided to open controversial "accession" negotiations with Turkey, back on December 2005.

    - "As far as EU - Turkey relations are concerned, it's clear that Turkey needs to fullfil its obligation of full, non-discriminatory implementation of the additional Protocol (to "EC-Turkey Association Agreement"),  This is an important issue....and should be addresseed as soon as possible as it clearly affects the pace of the accession negotiations.Issues covered by the Declaration of September 2005 will continue to be followed up, and progress is urgently awaited", warned earlier in Strasbourg the out-going Czech EU Presidency (former vice-Prime Minister Alexander Vodra).

    But the Head of the Swedish Foreign Ministry's Press Service, Cecilia Julin, dismissed "interpretations" by "some" that Foreign Minister Carl Bildt was reportedly "threatening" Cyprus with consequences on the UNFICYP, if it doesn't accept any solution until December 2009, while Turkey is reportedly delaying in an attempt to impose a partitionist "2 States" solution.

    On the contrary, Julin, stressed that "Sweden has strong demands on Turkey'"s respect of "Copenhagen Criteria and EU Acquis".

    Meanwhile, Sweden  is "concerned" about the risk of "Stalemate" in Cyprus' Talks, but is well aware that "the main responsibilities lie with the two leaders and the UNO", Europe playing only a role of "facilitator".

    After carefully verifying, the Head of Swedish Foreign Ministry's Press Service, stressed to "EuroFora" that Bildt's reference to UNFICYP "was not linked to a Threat", and dismissed those who "interpreted" it so.

    On the contrary, the Swedish EU Presidency acknowledged the fact that Peace Talks are mainly for the UN and the leaders of the Cypriot communities, EU's role being limited into that of a "facilitator".

    As for Turkey's reported attempts to impose a "2 States' solution", the Head of the Swedish Foreign Ministry's Press Service sharply replied by stressing that Turkey must respect the "EU Acquis" rules.

    In particular :

    - "Basically he (Bildt) underlined that it's the leaders of the two communities in Cyprus and the UN that have the main responsibilities for solving the problem", started to say the Swedish Senior Official to "EuroFora", referring to the above-mentioned "briefing".

    - "But the EU had a role in sort of pointing out the benefits and facilitating a little bit the outcome for the settlement of the whole Cyprus' issue", she added.

    - "And he did state the Fact, that the rest of the World (i.e. USA, etc) will, of course, look at the differend issues which are at the table, and the future of the UN Peace keeping force is part of what is at the table", she admitted.

    - "I understand that some have interpreted that as a Threat, by the Swedish Minister" "But", in reality, "it's a statement of a Fact, that, when we'll look at the differend issues, one of the issues on which we shall have to take a stand on, is the future of the UN Peace keeping force in Cyprus".

    Indeed, one of the questions usually raised for a Solution of Cyprus' issue is what International and/or European or other Guarantees, by a Peace-keeping force, might be needed afterwards, eventually for a transitory period.

    Questioned anew by "EuroFora" whether (according to critical Press Reports) this could be taken as a veiled warning that, if Cyprus didn't accept any Turkish demand for any solution whatever, it might be left alone to face Ankara's Military Invasion/Occupation, she denied :

    - "He (Bildt) didn't say it in that way"... "It was not linked to a threat, or anything like that", the Head of the Swedish Foreign Ministry's Press Service stressed.

    On the contrary, "he (Bildt) underlined that the main responsibility lies with the parties concerned on the island". "The EU can try to facilitate and show the benefits of reaching a settlement. But also, when the EU and the rest of the World (i.e. USA) will have to look at it, they will look at all the Facts on the table, and the presence of the UN Peace-keeping force is one".

    And "he (Bildt) didn't speak about that at all", she replied to "EuroFora" question on Turkey's reported attemps to impose, in one way of another, a partitionist "2 States solution".

    Asked whether Bildt's aim was to incite both parties to move forward efficiently, she agreed :

    - In fact, "the EU is really very concerned with the Stalemate in the situation. Yes !", the Head of Sweden's Foreign Ministry's Press Service anounced. That's why Bildt "was hoping for the two parties (i.e. for Turkey's also) to engage and break, a little-bit, the present stalemate, come to a solution of the issue" of Cyprus.

    But, replying  to a "EuroFora"s question on the risk, denounced by several politicians in case of strict Time Deadlines, for Turkey to provoke a stalemate and wait for the time to come to impose a partitionist "2 States' solution", she reacted by pointing at Turkey's obligation to respect "EU Acquis" :

    - "Turkey must fullfil the EU Acquis : That's clear !", the Swedish Senior Official stressed.

    More details are expected when Swedish Prime Minister Reinfeldt will debate his Programme with new MEPs at EU Parliament's plenary mid-July in Strasbourg, that he has visited already in 2008.

    Foreign Minister Carl Bildt became familiar with Strasbourg's CoE last year, when Sweden chaired the PanEuropean organization of Human Rights. As EU chairman-in-office, he will also chair the 27-member States strong EU Group inside the 47-member States strong CoE.

    Minister for EU affairs, Cecilia Malmstrom is well known at EU Parliament, where she has been an active MEP of the Liberal Group for many years, following also Press Freedom issues.

    Both have already made various statements at "EuroFora", on differend topical matters.

    ***

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