newsitems

 

*Paris/Angelo Marcopolo/- In various EU/G20/International Officials' statements to "EuroFora", linked to a landmark Sarkozy speech calling to bring together the building blocks of a much needed Economic Global Governance,  warning against a growing Development Appartheid throughout the Word and asking from all G20 Member States to respect at least elementary ILO's Labour Rights, in order to use Social Justice as a Stimulus for stable and peaceful Economic Recovery, which must accelerate in order to fully overcome the grave consequences of the recent Global Crisis, a new process appeared set in motion by Paris' International Conference on Coherence vis a vis the Social Dimension of Globalisation, due to evolve with a series of concrete moves during the forthcoming Months (See infra).

 Both the Chairman-in-office of G20 2011 Social/Labour Ministerial summit (a "1st" in History, scheduled for September), French Minister for Labour, Employment and Health, Xavier Bertrand, the EU Commissioner for Employment, Social affairs and Inclusion, Laszlo Andor, and ILO's Head Juan Somavia, as well as other EU/G20/International Officials appeared careful, but rather optimist, and, at any way , conscious of what is really at stake in front of the "Citizens of the World", under Peoples' watchful eye, as the French President, 2011 G8/G20 Chairman, stressed.
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- Making a strong appeal to the Governments of the biggest developed and emerging countries all over the Globe, the 2011 G8/G20 President, Sarkozy, reminded that, recently, it was by jointly acting all "Together" that States succeeded to more or less alleviate and reduce the Hard Impact of the 2008-2009 Global Crisis to the Economy and to the People, but that "it would be Irresponsible" now "to claim that the Crisis was only a mere Parenthesis", due to be forgotten soon by things coming back in a business-as-usual, familiar old style :

 - As, already, "the 1919-written ILO Constitution, edited after a War among the most Deadly in our History,  reminds us topicaly, "a Universal and sustainable Peace cannot be founded but only on the basis of Social Justice", Sarkozy warned, (obviously hinting at the venue of the 2nd World War in less than 20 years, for the first time in History so soon)..

- Today, "the on-going Revolutions in the Middle and Near East prove how this expectation of Social Justice goes hand by hand together with the Democratic Aspirations shared by all People", Sarkozy observed.

Citting various concrete examples of a recently emerging trend among the activities of the pre-existing Global Institutions, mainly ILO (who "made in 2008 a "Declaration on Social Justice for a Fair Globalisation", and several proposals by the 2010 "Global Agreement for Employment", while the June 2010 ILO International Conference stressed the need for a Cohesion between Financial and Social policies"), but even IMF (whish started f.ex. to "take into account Social Spending in National Programs it supported" in Poor Countries such as "Costa Rica, Dominican Repubic and Pakistan", etc), and World Bank, (which helped, f.ex. Brazil in a program supporting Poor Families, etc), he stressed the obvious "need to advance, now, much further" :

- "The G2O must take over the task to Unite the main members of the concerned (International) Organizations around this  New Ambition", Sarkozy proposed, in order to "create New Tools", so that Gobalization becomes able to use also Social progress to strengthen Economic progress", as he significantly said.

- Even if "I am convinced that ..Globalisation is a great Chance", at the same time, "we cannot accept that this provokes an unbearable augmentation of Inequalities or of Unemployment" : F. ex., - "How could we accept the fact that 8 Persons out of 10 in the World don't have access to any Social Protection system ? How could we accept for nearly 1/3 of the People to remain without access to any Health Service or establishment ? How could it be tolerable for Life expectance of one Billion of Poorest People to be only 51 Years" of age, "while it is growing up to 80 Years for one Billion of Richest People" in the World ?, Sarkozy wondered.

    - That's why "We must get Globalization out of these Deadlocks", the G8/G20 2011 President stressed, proposing a possible "Threefold" Action Strategy : On Social Protection, Employment, and respect of ILO's Social Rights and Rules ;

    1) "Encourage the development of Social Protection" key parts, even if it isn't the same in all Countries, rich or poor, and it will take Time. But, at least, we must "Start" doing something concrete in this direction, aso because we all have seen that "it ameliorates Workers' Productivity and sustainable Growth".

    2) "We have also to place Employment at the heart of our Economic Choices", Sarkozy stressed, because, as "OECD and ILO found out, if we simpy want to find anew the pre-Crisis' level of Employment at least on 2015, it's more than 110 Millions of New Jobs that must be created, i.e. 22 Millions each year, during 5 years !", he observed.
    
    In this framework, is raised also the question of Development's indicators, which cannot remain limited only to the GDP, but must also take into account "Social, Environmental" and other aspects, as it was recently demonstrated also by OECD and the Team of Top Economy Experts chaired by US Nobel Prize winner Prof. Stiglitz, (Paris, formerly Strasbourg) professor Fitoussi and Dr. Sen, the French President added, pointing at an issue also cherissed by German Chancellor Angie Merkel.

    This also raises the issue of Social and/or Environmental Dumping, and Unfair Competition  : - "Why should some Countries respect Environental and Social Rules, if they can be easily violated by others in total Impunity ?, he wondered.

    3) But the most important point for Sarkozy appeared to be the need to ensure a "better Respect of Labour Rights" :
    
    These are at least "Minimal" Social Protection levels, "such as, f. ex., to avoid Children's or Prisoners' work", etc. the French President pointed out.

- "We must install, between Nations, a System of Rules which incites everybody to go Upwards". On the contrary, "we must refuse a Competition without any Rules, which would push everybody Downwards !", Sarkozy stressed firmly

=> Thus, it's intolerable that even the "Minimal" Social guarantees, enshrined in "8 ILO's Conventions on Fundamental Labour Rights, are not yet Ratified by all G20 Members, almost all of whom are also ILO's Members", Sarkozy denounced.
    
    - "If someone wants to be Member of an Organization, he must Ratify and apply the Rules produced by that Organisation", the 2011 G8/G20 President warned.
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The fact that real Economic Productivity and Competitivity, sustainable Growth, and Development with Free Trade and Fair Competition,  based on a solid and dynamic foundation of RealPolitics, can and should go together with an at least elementary respect of basic Human and Social Rights, Democracy and Rule of Law Worldwide, so that Globalization can and must, in fact, become Popular among "Citizens of the World", as the incoming 2011 President of the G8 - G20, French ¨President Sarkozy stressed in conclusion, instead of remaining prisoner of old and largely misleading Ideologic oppositions belonging to a remote Past, and not to the real Potential of the 21th Century for New Horizons at a Global level, was strongly Highlighted in a pioneer, landmark International Conference on "the Social dimension of the Globalisation", placed under the Moto "enhancing Coherence", which gathered together, for the 1st time in History under such a banner, Top Representatives of European and International Organizations, Politicians and Government Officials, in the new Paris' Government Conference Center,

Bringing for the 1st time together G20s Finance and Employment/Social affairs Ministers and other Political Representatives from Europe and allover the World, as a Starting point before further Next Steps also at a UNO and ILO level, both in New York and Geneva, anounced during the Public Conclusions of the International Conference, and confirmed in detail to "EuroFora", by the co-chairing French Minister of Work, Employment and Health, Xavier Bertrand, one of the inner circle "Sarkozy faithful", the move was even ..optically resumed in original Photos (which, as the moto says : "Speak 1000 Words") picturing the new FMI head hopeful, the front-runner most probable European candidate, the US-educated and long-time Chicago-based, succesful French Finance Minister Christine Lagarde, engaged in a long, close conversation with the impressive physionomy of the International Labour Organization's Head, Juan Somavia...
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Bertrand had just returned from a recent visit at Nancy with Sarkozy, to debate with Civil Society representatives, where the French President launched a very interesting plaidoyerie to develop the first signs of Economic Recovery by "Working More", and not less, than before, thanks also to a focus on "Quality work", at least on developed countries :  

- "Work (even) 40 Hours, when someone loves his work, is a blessing.  But work even only 30 Hours, when someone doesn't like his job, it's atrocious. In consequence, the (real) issue is not that of Work's duration, but that of its Quality", Sarkozy had rightfully concluded,

This points at a key Social Fact, reportedly confirmed, shortly afterwards, also by recent Polls, which found large Majorities, mainly among Qualified workers, Executives, etc., for 63% of whom, the most important thing in their work, is its "Quality", if it's "Interesting", etc., while, on the contrary, Remuneration, Material Conditions, and other factors only come far Down in People's priority list..
(NDLR : See "EuroFora"s DraftNews on Sarkozy's Nancy statements, already sent to Subscribers/Donors).
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Symbolically hosted in a renovated Building of the impressive old National Printing Factory, with a statute of Gutenberg (alike to that of EU/CoE Capital Strasbourg, city where he notoriously invented the Printed Machine and Media), facing an also renovated huge Church Architecture full of Light from the nearby Seine River quais, amidst fast-growing post-Modern Scyscrapers around the most Innovative, High-Tech open "Green" Park in the Historic and beautiful City of Paris : the most recently created with the name of famous Modern Car Inventor/Industrialist "Citroen", the event revealed more Surprises and insolite facts, than traditionaly expected from old-fashioned meetings, including, the Spicy picture of the pretty Head of French Businessmen and Employers, Mrs Laurence Parisot, make a convincing plaidoyerie in favor of the development of ... Workers' elementary Social Rights Worldwide, as one among the most solid foundations of "Fair Competiton", as she rightfully stressed..

In the wording of WTO, the Geneva-based Global Free Trade watchdog, headed and represented here by Pascal Lamy, this obviously echoes as "Fair Competition", naturally excluding "Social Dumping",as the co-chairing French Minister of Work, Employment and Health, Xavier Bertrand, one of the inner circle "Sarkozy faithful", agreed speaking with "EuroFora". (NDLR : Watch out for full Bertrand's statements to "EuroFora" to be published in a more extensive final version and/or independently, according to further developments, asap).

That's mainly why, logically, the also Geneva-based ILO Head, Juan Somavia, opened anew the "neo-classical" issue, with fresh energy, to find a way for the Global Watchdog of elementary Social Rights to be somehow represented if not integrated inside the World Trade Organization's overall institutional machinery, from where, curiously, it's still absent in institutional terms.

The overall move can and will be further repercuted also by the amplifying energy not only of ILO, but also of various other EU Multilateral and even Bilateral contacts and relations engaged by Europe in the World with other Countries all over the Globe and inside International Organizations, as the young and energetic, but also serious and carefully-worded EU Commissioner for Employment, Social affairs and Inclusion, Laszlo Andor told "EuroFora", (NDLR : Look out for full Andor statements to be published asap).

Bringing for the 1st time together Heads of Financial Organizations from all Regions of the World and Global Institutions, including f.ex. the Presidents of the African, Asian, Inter-American and European Development Banks, Donald Kaberuka, Haruhiko Kuroda, Jaime Sujoy, and Jan Fischer, as well as FMI's deputy Director Nemart Shafik (an Egyptian-origin Anglo-American), OECD's Head Angel Gurria (an experienced, charismatic personality from Mexico, whose organization celebrates this week in a Paris' Summit its  50th Anniversary, nearly 5 Years after the Historic G8 Summit in Heiligendam, under the presidency of German Chancellor Angie Merkel, resulted in a Franco-German and Global agreement to start using OECD for the realization of G8 - now G20- policitical leaders' strategic decisions), WTO's head Pascal Lamy, World Bank's and UNDEP's vice-Presidents Rachel Kyte and Rebecca Grynspan, with Social Partners' representatives at a Global level, (present in the G20 since Pittsburg's Summit, as Sarkozy reminded, such as International Trade Union Conferederation, ITYC-CSL, and Trade Union Advisory Committee, ITUAC, as well as International Employers' Organization, IOE's Heads, Sharan Burrow (particularly vocal at the concluding debate), Richard Trumca and Daniel Funes de Rioja, respectively, the move could be spearheaded by the emerging G20+, progressively enlarged during recent years (i.e. between the 2007 Heiligendam/Germany G8 Summit and the 2011 Deauville and Cannes/France G8 and G20 Summits, via the 2008 Washington Summit, etc) Multilateral Global gathering of Heads of State/Governments, as a "prefiguration of an Economic Global Governance", whose "Building Blocks" are to be prepared by an "indispensable better Coordination of National actions", as Sarkozy said to Ministerial representatives from all over the World, (including both developed Countries, such as Australia, USA, Canada, Japan, Germany, France, Spain, Netherlands, UK, Switzerland, Russia, China, etc., and other Countries; f.ex.  South Africa, Saud Arabia, Brazilia, Mexico, Turkey, Ethiopia, etc).

But, perhaps, the most inovative or important addition to this "Chemistry's overall equation, is the new factor of the "Citizens of the World", to whom the new, 2011 G8/G20 President Sarkozy practically launched an appeal, making a Surprising, last-minute but far-reaching oral Change to his prepared draft Speech, stressing that "they must also benefit from Progress" recently made in Economy/Science-Technology, etc, placing the entire results of the 2011 new process under the "watchful" eye of "the People of the whole World"..

As ILO's Head, Somavia, carefully stressed to "EuroFora" on the overall outcome of the whole 2011 process, "we shall see during" the next few Months/Year how it will develop among all actors concerned...

- In real practice, meanwhile, G20 Labour Ministers' chairman in office, French Minister Xavier Bertrand, confirmed to "EuroFora" that he intends to "speak at the United Nations since June", travelling for that first to New York, just before returning to Geneva, in middle June, for the conclusion of an exceptionally important ILO's Conference, in order to prepare the results of a September G20 special Labour Ministers' Social Summit in France, in view of Decisions due to be debated and taken in the November G20 Heads of State/Government Summit in Cannes.

- The potential efficiency of the overal move also depends on how we shall fine-tune" it in order to find "the Right Tune", as the artful and politically experienced (particularly in the succesful 2009 EU Elections, when he headed the Governing French ChristianDemocrat/EPP Party "UMP" : See "EuroFora"s Publications from relevant events, including with Bertrand's Replies to our Questions, etc) Bertrand told "EuroFora", ...perhaps inspired also by prestigious Cannes Festival's  International reputation...

The Actor who was awarded the most Prizes this year, veteran Humanist Michael Lonsdale, laureat in 2011 of a "Cesar", a "Crystal Globe", a "Lymiere" and a "Henri Langlois" award for his role in the landmark Film "On Gods and Men", which also got a "Grand Prix" at Cannes Festival last year (2010), after appearing in more than 180 Films/TV shows in his particularly long career, told "EuroFora" that he continues now to work on Mediterranean and Religiously-inspired Humanism, depicted even in extremely hard situations (Comp. infra), with 3 New Films throughout 2010 - 2011 and 2012, and strongly believes on a message of "Hope" for the on-going Changes in many 3rd Mediterranean Countries.


By a double coincidence, speaking to "EuroFora" the same day that the 2011 Cannes' International Film Festival gave its "Palme d' Or" Prize to the very interesting film "Tree of Life", of another award winning "Veteran", the 67 Years old American Film Director Terrence Malick, a son of a Lebanese Assyrian immigrant from the Mediterranean (Syria), Lonsdale,  a very active and experienced "Veteran" who has played in more than 180 Films and TV shows, celebrates his 80th Birthday this Wednesday, at the eve of the Deauville G 8 Summit where Head of State/Government from the most powerful Countries in the World are due to review recent developments in 3rd Mediterranean Countries, from Libya up to Syria and beyond.

Lonsdale, who has a solid reputation of a convinced Christian, smiled when he said to "EuroFora" that in his Next Film, which will go Public on Cinema Screens "from September" 2011, he plays the role "of the Rector of a Mosquée", a Muslim Religious shrine, "in Paris, during the 2nd World War" ! 


Together with "Algerian Film Director Ismael Ferruci", in this 2011 New Film titles "Free Men" ("Hommes Libres"), the Franco-Brittish Actor revives a story of the Past, where the Rector of the Mosquee, "Not a Religious Priest, but a Manager with the title of a Plenipotientary Minister  of Morocco", was "Helping Persecuted People, including Christians, Jewish, Muslim, etc. who hadn't their "papers" in order, to flee towards Freedom, by passing them through a Network of Undeground Tunnels" in order to escape arrest.

Londsdale was in Strasbourg, on his road towards Paris, comming "from Mulhouse", at the Swiss borders, after shooting an episode of his forthcoming, Future Film, due to be published Next Year, "on 2012",  with the World-famous Italian Humanist  Film Director Ermanno Olmi, (another experienced "Veteran", 80 Years old : born in 1931, exactly like him !), whose "best film" is generally considered to be (even according to "Wikipedia") the unforgettable Masterpiece : "The Tree of Wooden Clogs" ("l' Arbre aux Sabots"), an original story of the Medieval times, played by simple Peasants of Lombardy, where a poor Family of Serfs, simple People admiring the Music played by Rich and Cultivated Young Men overheard through the Windows of a Luxuri ous House, is chassed away from its humble Hutt, by their Landlord when the Father risks his job by taking a few Tree branches to make Wooden Shoes for his 6 years old Kid whose Feet are Wounded and Bleeding when he walks to a School located far away from Home : An Historic Palms d'Or Prize at the 1979 Cannes Festival "unanimously".
Olmi's Next Film pictures some Homeless People inside a Church at South-Eastern Italy "in Barri", (very close to Ships' traditional Sea-routes linked to Greece, etc; but also to the rest of the Mediterranean South and East), and is due to be called "Pape Village" ("village en carton" : in reference to a makeshift Shanty Town "built" only with piece-meal compressed papers, etc.), evoking, inter alia, also a message related to the "New Evangelisation", i.e. also of People located at the Heart of EU itself, as Lonsdale agreed in reply to "EuroFora"s questions.

***

While killings, arrests and censorship of dissidents are reportedly going on, after Libya, now also on Syria, shortly before next week's G-8 Heads of States/Governments meet at Deauville's Summit, organized by the French G8/G20 2011 Presidency (26-27 May), a strategic and topical CoE resolution setting for the 1st time crystal-clear guiding principles to distinguish between legitimate Multilateral International Action to protect People threatened by brutal, deadly violence/torture in certain states, (as f.ex. Libya, etc), and, on the contrary, illegal Unilateral or bilateral mlitary invasions/occupations against independent, sovereign countries often resultig even in war crimes including f.ex. "ethnic cleansing" with systematic replacement of its lawful, ancestral inhavitants, obliged to flee, by massive imports of immigrants transferred from an occypying foreign power, (as, f.ex. in Cyprus), will be soon debated in public and definitively adopted by the PanEuropean Organization's Parliamentary Assembly (PACE), probably on Autumn 2011, unless PACE's Bureau (which convenes next week in Kiev, Ukraine) decides to bring it earlier on the Agenda of the next Plenary in Strasbourg on June, the Director of PACE competent Legal/Human Rights Committee, Andrew Drzemczewski, told "EuroFora".

The landmark Report, drafted by German Liberal Marina Schuster, (from the Governing coalition of ChristianDemocrats/Liberals) and adopted "Unanimously" by PACE's Legal/Human Rights Committee, earlier in Strasbourg, as his President, the experienced EPP MEP Christos Pourgourides from Cyprus, told "EuroFora", stresses from the outset that :  - "a Multilateral approach to the Responsibility to Protect" innocent People must "replace .. Arbitrary Interventions and Unilateral guarantees" by only 1 or 2 Foreign States alone.  

- "If a State is Unwilling or Unable to halt or avert Serious Harm to the Population, the principle of non-intervention yields to the International Responsibiliy to  Protect" seriously threatened People, the 2011 Strasbourg's CoE Assembly Report topically underlines now, observing that "the International Community as a whole" has a "Responsibility to Protect" , giving "priority" to "Prevention", by "the least obtrusive and coercive Measures", but including an adequate kind of "Military Intervention for Human Protection purposes", in "exceptional" cases of "Serious and Irreparable Harm" occuring to Human beings or "imminently likely to occur", in the form of a Large scale Loss of Life"," and/or "large scale "Ethnic Cleansing", as UNO's General Assembly at New York had reportedly proclamed already in a 2005 Resolution.

But, CoE's New Report strongly Criticizes arbitrary "Military Interventions such as those of Turkey to Cyprus in 1974", f.ex., which "have themselves  led to numerous Human Rights Violations, and have Not produced lasting Solutions for the underlying problems", obviously abusing of controversial "Bilateral Guarantees; such as those in the context of the independence of Cyprus", which "have not prevented Conflicts", but, "on the contrary, ...were used as an Excuse for an Unilateral Military Intervention, conflicting wih ... UN Charter and a preremptory Norm of International Law Prohibiting the use of Force".

On the contrary, CoE's 2011 Report calls to "Strengthen Multilateralism, as opposed to "Unilateral Military Intervention by Turkey in 1974", and welcomes the "development of the notion of a Collective "Responsibility to Protect", ... taking the place of Bi-lateral ... "Guarantees", that are becoming ...Osbolete", and "No longer in line with a Modern understanding of Public International Law", which "requires" a "Multilateral Mandate, preferably based on a UN Security Council Resolution... in order to justiify a Humanitarian Intervention", (f.ex. as in the landmark case of UN SC 2011 Resolution which authorized the use selective Military action in Libya in order to protect dissident People from imminent threats to be attacked, wounded, and/or killed and submitted,  in "only a matter of 2 Days" to "finish" with them, as Colonel Guaddafi reportedly had boasted.

 

The International Operation of March 2011 in Libya, due to protect Libyan People without any Foreign Occupation of any territory, was launched on the base of UN SC Resolution No 1973 and after a Multilateral EU-USA/Canada-Arab Ligue-UNO Summit in Paris with the manifold participation of many Countries, (See "EuroFora"s NewsReport from the spot). On the contrary, the Turkish 1974 Military Invasion and Occupation of Cyprus' northern Territories (still Occupied by more than 40.000 Solders of Ankara's Army until today) was launched Unilaterally by Turkey alone, arguying of a controversial interpretation of a dubious 1960 "Treaty of Guarantees", that CoE's 2011 Report denounces as "obsolete" (See infra), while UNO adopted several Resolutions denouncing the move and asking the withdrawal of Turkish troops, the free and safe return of Refugees/IDPs, etc., which were rejected by Ankara.

- According to the CoE's Official, "this Report will probably be debated and voted by PACE's  Standing Committee next November in Edinburg", i.e. under the forthcoming,  CoE Chairmanship (November 2011 - May 2012), as he said to "EuroFora". But, replying to our questions, Drzemczewski didn't exclude that this might also be done a little bit earlier, end September - beginning of October, during the Strasbourg's PACE Plenary full session, i.e. under the current Ukranian CoE Chairmanship, if PACE's Bureau decides so during the Summer.

However, theoretically (as well as legally) speaking, if a Political usefulness and will exists,  this could be done even much more Earlier : at PACE's June plenary session in Strasbourg, if next Friday's PACE Bureau and Standing Committee, who will meet in Kiev (Ukraine) practically the Same Days with the Deaville (France) G-8 Heads of State/Government Summit : 26-27 May, decides to update accordingly June's Agenda. Even if such a move seems not impossible, but improbable according to Drzemczewski.
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Turkish MEPs were reportedly absent when the German MEP's Report was adopted by PACE's competent Committee, (apparently due to a visit at the CoE in Strasbourg by Turkish Prime Minister Erdogan, followed by receptions, gatherings, etc), so that they are expected to react, later-on, and attempt to oppose or alter its original text, which, however, was supported by almost all other Countries' MEPS.

Because, contrary to Ankara Military's unilateral intervention and persisting Occupation of the Northern part of Cyprus for  more than 37 Years (1974-2011), CoE's Report reminds "the Primary Responsibility of the UN Security Council (UNSC), whose Authorization should be sought Prior to any Military Intervention". It doesn't remind the "appeal" of a 2001 "International Commission on Intervention and State Sovereignity" (ICISS) towards "the Permanent Members of the UNSC Not to apply ther Veto powers to Obstruct ... Resolutionw authorizing Mlitary Interventons  for Humanitarian Protection purposes", but only when "there is otherwise a Strong Majority Support", warning the UNSC that, "if it fails to discharge its Responsibility to Protect in Consience-Sgocking Situations crying out for action, ... the Stature and Credibility of the UN may suffer thereby".

But, while the ICISS' conclusions, in sich cases, apparently "left the door open to Regional or sub-Regional Organisations, (as CoE or EU, etc), under Chapter VII of the UN Charter to take (Collective) Action" by a Large Majority of States (See supra), subject to their seeking subsequent Authorisation from the Council", on the contrary, the UN General Assembly's 2006 Resolution (See supra) while "confirming the Principle of the "Responsibility to Protect" ... of the International Community as a whole", f.ex. in "situations" of "War Crimes, Ethnic Cleansing, Genocide, and Crimes against Humanity", nevertheless, "it does not answer the Question what shall be done in the absence of a Common position of the UNSC, and Rejects any right to Unilateral Humanitarian Intervention", Schuster's 2011 Report observes.

A clear Disctinction between lawful and legitimate Collective Action, on the base of an International Mandate, really focused into trying to Save People from Serious Threats against their Lifes and Liberty, (as, f.ex. at the beginning of the Libyan 2011 International Operation, which has avoided any Territorial Occupation, unlike Turkey in Cyprus, etc), is today of great Topicalimportance, both because of the Dramatic Developments in several 3rd Mediterranean Countries, from Libya to Syria, etc., but also  in order to create a real Hope for a sustainable and just Solution of the Cyprus' issue, for which UNO's Secretary General Ban Ki Moon has just convoked a new Top Political meeting in Geneva on July :

- The point is, indeed, one of the most Crucial for Cyprus' ReUnification (in addition also to the Refugees and "Missing" persons' Human Rights' rescpet), because Turkey traditionally insists to claim a Unilateral power to Invade with its Army Cyprus whenever Ankara's authorities alone might deem necessary for their interests to do so, (f.ex. exploiting a provoked conflict, etc), while, on the contrary, Cyprus' President Demetres Christofias, (as he had already explained in Reply to "EuroFora" co-founder's Question in a Press Conference at the CoE back on 2008), as well as all the other Political Leaders among the Majority Population of Greek Cypriots, refuse to allow again a Risk for more Turkish Military Invasions/Occupations even in the Future, considering the way Ankara abused of such Controversial "Guarantee" clauses in the Past...

Indeed, CoE's 2011 New Report, as drafted by the mainstream German MEP and recently adopted by PACE's Legal/Human Rights Committee (See supra), strongly denounces the fact that, from teh start, in the Past, "Cyprus independence" (back in 1960) was "linked to an Outdated Trilateral (Turkey-UK-Greece) Guarantee arrangement", that Ankara abused in 1974 as an "Excuse" in order to Invade and Occupy part of Cyprus until Today, resulting to Massive and Serious Human Rights Violations (Thousands of "Missing" People, 20% of the Native Population Refugees/IDP, etc), chronic Tensions and Problems, both at the region and vis a vis the CoE, the EU itself and even to the detriment of EU - NATO cooperation (mainly because of Turkey's "Veto" against Cyprus and Malta, etc : Comp. supra).

Thus, today,  "we have already seen that a Multilateral Mandate, preferably based on a UNSC Resolution (as in the case of Libya, on March 2011), is required in order to justify a Humanitarian Intervention. The Cautious Exceptions advocated by the ICISS (see Supra) in case of Blockade in the UNSC would still require, at least, the Support of a Regional Organisation", (such as the CoE or the EU, the Arab Ligue, etc), so that "it may, therefore, be Safely argued that Unilateral Interventions, or ones based on Bi-, Tri-, or Quadri-lateral "Guarantee" Agreements could No longer be in line with a Modern understanding of Public International Law", concludes Schuster's Report.

- "The example of Cyprus s a case in point", she observes. "As Professor Herdegen noted, at a (CoE's) Hearing in December 2010, the continuation of the Validity of the 1960 "Treaty of Guarantees" for Cyprus is Doubtful", Today, "as it may have become Inoperative, according to the Principle of .. "Disappearance of the Substantive Circumstances on which a Treaty was based" ("Wegfall der GeschaftsGrundlage"), "or because os a material Breach, by one party to the agreement", because of "the Unilateral Military Intervention by Turkey" since 1974, the German MEP points out.

 - "In fact, the (old, 1960) Treaty of Guarantees" on Cyprus "could be considered as Void", CoE's Report points out, for several more reasons : Both "in line with the aboe arguments by Profeshesor Herdegen, (see Supra), and as it appears in Conflict with  Articles 2(4) and 103 of the UN Charter, and a preremptory Norm of Internatioal Law  Prohibiting the use of Force".  

- "All Members shall refrain in their International Relations from the Threat or use of Force against the Territorial  Integrity or Political Independence of any State", according to UN Charter's Article 2(4), observes the mainstream German MEP, concluding that " a Treaty which purported to authorize Military Action in such Broad terms, .. irrespective of whether the (affected State) party consented (or not) to such action at the time, would, quite likely, be held Contrary  to a Peremptory Norm of International Law ("Jus Cogens"), as the Prohibition to use Force contrary too Article 2(4) of the (UN) Charter", and, therefore, would "be Void under the Principle stated in Article 53 of the Vienna Convention on the Law of Treaties". "It would also be rendered Ineffective by Article 103 of the UN Charter, which stresses that "in the event of a Conflict between the Obligations of UN Members under its Charter, and their Obligations under any Other International Agreement", then, "their obligations under the (UN) Charter shall prevail", Schuster added. Moreover, "in any case, (simple) Treaty-based instruments such as the Treaty of Guarantees (on Cyprus : See supra), are Displaced by any Intervention of the UN Security Council under Chapter VII of the UN Charter", she also pointed out, (as, f.ex., the currently on-going Peace-Keeping international operation by UNO's "Blue Helmets" in the Dividing line)...

=> Therefore, PACE Legal/Human Rights Committee's 2011 Report topically concludes that the 1960 controversial "Treaty of Guarantees" imposed on Cyprus' has become Today (in 2011) "Obsolete", thus, apparently, opening a  key-door to forthcoming Top Political UN-sponsored Talks after the May 22 and June 12 Parliamentary Elections in Cyprus and Turkey, respectively.

 

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UN Press Director/Spokesman Martin Nesirky said to "Eurofora" that, even if IMF Chief Strauss-Kahn may have a UN Pass, as his Lawyer told a NY Court, and was at a UN Conference in Turkey with UNO's Secretary General Ban Ki Moon before the NY Sofitel incident which brought him to Jail for alleged assault, he "hadn't the slightest idea" why DSK had come at New York (UN Headquarters' city) just for one day, before he tried to cross again the Atlantic Ocean for scheduled meetings in Europe with German Chancellor Merkel and Brussels' €uro-EU Officials, immediately afterwards.

"EuroFora" observed that DSK was included among key-note Speakers in a UN Conference on the Least-Developed Countries hosted in Turkey, Istanbul, together with former UNDEP Turkish Official Kemal Dervis, almost at the same Days and at the same City where a Paneuropean CoE Foreign Ministers' session had been exceptionally transfered from Strasbourg to Istanbul at the initiative of its out-going Turkish chair, on May 10 to 11. The two events coincided so much, that Diplomats told "EuroFora" that f.ex. a Minister was able to "jump" from the UN to the CoE subsequent meeting on the spot !

It's immediately after these events, that IMF's Top Official suddenly bought, on May 12, his New York ticket, as "AirFrance" reportedly found, travelling to the UN Headquarters' City for reasons which still remain unknown.
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Many Media have raised the Question what DSK was doing at New York on Friday, May 13, before the Sofitel incident which led to his arrest on Saturday afternoon (May 14) at JFK Airport in a Plane ready to fly towards Europe, where he should start a series of crucial meetings from Sunday :

- Fly from Turkey (Istanbul), crossing all Europe and the Atlantic Ocean, just in order to stay only one (1) Day in New York, before re-crossing for a third time the Atlantic to reach the EU next Day, (for meetings in Berlin and Brussels, etc), while his Home and Job were at Washington DC, and his wife stayed in Paris, is obviously a strange way to waste so much precious Time, Energy and Money, unless DSK had serious reasons to do so.

After French "Figaro", "Le Monde", etc. and U.S. mainsteram Media, even ..Chinese Newspapers wondered what IMF's Chief was doing at New York on Friday, May 13 : - "It wasn't clear why he was in New York. The IMF is based in Washington, and he had been due in Germany on Sunday to meet with Chancellor Angela Merkel", noted "People's Daily".
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+ The Imbroglio became even more confused when IMF Chief's Lawyer at New York County's Court tried to use the claim that DSK had "a VIP Pass issued by the United Nations", (as he said at the obvious instigation of Mr. Strauss-Kahn himself, who appeared eager to stress that point in front of the Judge, as it clearly results from full Video Reports of the 1st Public Hearing), in order to vainly ask to let him Free to go on Bail, arguying (without convincing the NY Judge) that UNO's document would somehow confront the NY Attorney's accusation that DSK was allegedly trying to flee, in precipitation, shortly after the Sofitel incident, bypassing usual routine procedures in a suspicious hurry, augmenting the impression that, (independently of whether he was innocent or guilty for the crimes for which he was accused), pending on-going Investigations, he was a "Flight Risk".

The UNO's Spokesman had just reacted, earlier this day, to a differend but related Question by another Journalist at NY, who had asked him if IMF's Chief had any UNO "Immunity", to which, Nesirky, according to the official UN "full" transcript, preferred to carefully "check" before giving, later-on, a definite reply, without any comment on the "sub-judice" case itself, as he said.

However, speaking later to "EuroFora" in a Phone contact from CoE's Headquarters, Strasbourg, the UN Secretary General's Spokesman, did not deny that IMF's Head might, indeed, have a UN Pass :

- When we asked Nesirky whether "at [his] knowledge, IMF's Head was given a General VIP UN Pass for Airports, or if that was a Specific Pass related to that UN Development Conference" in Turkey that same week (See supra),  the UN SG Spokesman preferred to give to "EuroFora" a reply from the point of view of "general principles" or "general practice" :

 - "I don't know anything about that" (DSK) in particular. But "what there is, is a UN "Laissez-Passez.. It's a Travel document. UN issues such "Laissez-Passez" Documents", including "to Officials of Specialized Agencies, as is the IMF and some other Organizations", he confirmed.

 - But this should be always done "in Line with Agreements concluded (by the UN) with those (specialized) Organizations ", UN Spokesman added. I.e. UN "Laissez-passez" documents are meant, in each case, to refer to the appropriate Agreements relating to the Status of the relevant Organization and its Officials", he pointed out.

- Asked by "EuroFora" to clarify whether such UN Passes are "issued for Long periods of Time, or just for Specific events", Nesirky replied that he "can't speak about what may be happening in Specialized Organizations", as the IMF, but, "what happens inside the UN, f.ex. in the Laissez-Passez that I have, its Expiry Date is the Expiry Date of my Contract", (i.e., the equivalent, for DSK, of Autumn 2012, according to his IMF mandate).

- However, "I have No Idea" on what is happening inside the IMF in this regard, f.ex. about its current Head, DSK, and "that's something for the IMF to answer", he carefully added.

 - At any case, "these (UN Passes are) given not just to Top Officials, but (wider) to Officials, including of the IMF but other Organizations as well, according to Agreement concluded with them, (when they are) Travelling on Official Business", Nesirky underlined.

However, on DSK's case, both IMF and USA's State Department reportedly declared earlier that IMF's Chief had travelled to New York "on Private business", (comp. Supra).

- "I don't know what the situation is in the IMF, (f.ex.) for how long those Documents are Valid : That's not UN business, that has to deal with the IMF". But, inside the UN itself; "Laissez Passez are Travel Documents that UN issues for UN Staff travelling for Official Business", he stressed.

Asked whether such UN Passes might somehow facilitate an exceptionally Speedy Departure from an Airport, as JFK in DSK's NY saga (See supra), Nesirky, without replying precisely on that point, simply observed that they "cannot replace Passports, but go with your National Passport",  - "But, f.ex., if you travel in a Country which needs a Visa, that Visa will go in your (UN) Laissez-passez with which you are travelling on Official Business", UNO's Spokesman added.     

               
- "It simply Identifies a Person as an Official of the UN, or, for Officials of other Specialized Agencies, then it identifies them as Officials of those specialized organizations" (as f.ex. IMF). - "That's simply a (UN) Document which goes with you when you are Travelling on Official Business : That's what it's for", he reiterated.
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- But, as for the Question that many Media ask (See supra), i.e. "why (DSK) came to New York for one Day (See supra) ?", UNO's Spokesman at first declined to give any reply, advising  "EuroFora" twice that we "need to ask the IMF why he came to New York".

-  "IMF already said that it was on Private Business", "EuroFora" reminded, pointing at several other Media. But, at least, "was there any useful business for the UN" itself, "any UN activity on the 13th" of May in New York, which might have involved DSK ?, we went on to ask specifically.

+  "EuroFora" also reminded Nesirky that IMF Top Official was among the participants to a UNO Conference on Development, in Istanbul, Turkey, almost at the same moment that CoE's Committee of (Foreign) Ministers was convoked there by its (out-going) Turkish rotating chair, on May 11th, at the eve of his suprising, last-minute decision  to get an Airplane Ticket for a 1 Day trip back and forth to New York, (See supra).

 -"It was about the Least Developed Countries ... I was there (at Istanbul, Turkey, on May 10-11), with the (UNO) Secretary General", Ban Ki Moon. - But this was "an entirely Different business", the UN Spokesman clarified.

- Nevetheless, "given the Fact that he (DSK) was involved in a UN Conference just before, the question is if there might have been any kind of useful UN activity" for him also (in UN Headquarters' City New York) "on the 13th" of May, or not, "EuroFora" wondered, noting that many Media ask what might have (suddenly) brought (IMF's Head, DSK) there.

IMF's head was due to visit the EU for crucial Financial decisions including on Public Debt provoked in Greece (after a 1999-2001 deal to exchange Turkey's unpopular EU bid with Greece's entry into €uroZone earlier than normal, i.e. before Reforms needed to cut the excessive Number of Public Sector's cushy job holders accumulated since the Nepotism of the 1980ies : See "EuroFora"s earlier Publications).

The move came just before Elections in Cyprus (May 22) and Turkey (June 12), closely followed by a Top meeting with UNO's Secretary General at nearby Geneva on July 4, where some want to decide an International Conference for a Solution to Cyprus' issue, including on Greek Cypriot Refugees' Family Homes, Private Properties and Ancestral Land, that Turkey, which still occupies the Northern part of Cyprus since the 1974 Invasion of Ankara's Military, notoriously aims to keep, without Restoring nor really Paying them, despite ECHR's Judgements supposed to be executed under the supervision of CoE's Foreign Ministers, that IMF's Head crossed in Istanbul (see Supra).       

                                             
- But, "I have not the slightest idea" about DSK's "Itinery", after his departure from that UN Conference in Turkey, and the reasons for which he came at UN Headquarters' City, New York just before flying back accross the Atlantic ocean to Europe. - "It's really for them (IMF) to say".- Because this, apparently, had ..- "Nothing to do with the UN", Nesirky strongly denied in conclusion.

 

If it's indeed the case, it's obviously not clear whether the use of a UN "Laissez-Passez" at JFK Airport by DSK, right after the Sofitel incident, (as he asked his Lawyer to stress : See supra), might have been justified, or rather not.

The supplementary fact that IMF's Chief, DSK, returning from a UN Conference on "Least Developed Countries", at Istanbul (Turkey), is accused by NY Police to assault a poor African Woman, immigrant precisely from one of these Poorest Countries in the World : Guinea, Mother and Widow, obliged to work as cleaning Hotel Maid, in a 3.000 $ per night luxuous suite at New York, inevitably looks even more upsetting. -------------------------

At any case, at least the additional fact that the NY island-prison where DSK was reportedly kept, served that day, ... "Turkey  burgers, with Smashed potatoes", as NY-based "Bloomberg-News" noted with dubious humour, should probably be due to a mere coincidence...