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Home arrow newsitems arrow CLRAE President Frecon to EuroFora on Ukraine's Regional DeCentralisation and UK Devolution process

CLRAE President Frecon to EuroFora on Ukraine's Regional DeCentralisation and UK Devolution process

Written by ACM
Tuesday, 24 March 2015
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*Strasbourg/CoE/Angelo Marcopolo/- Replying to an "EuroFora" Question on the possible use of UK's Devolution process as one among several eventual Examples for a Solution to the Crucial for Peace problem of Regional DeCentralisation in Ukraine Today, the experienced President of PanEuroepan CoE's watchdog on Local and Regional Democracy and Self-Government, the Congress of Local and Regional Authorities of Europe (CLAE), Jean-Claude Frecon, from the Governing Socialist Party in France, did not exclude at all that the UK "might Inspire" Ukraine, while also carefuly noting, however, the fact that "the situations are Different", so that concrete Solutions could not be purely and simply Copied and pasted, from one Country to another, but needed to be thoroughly and seriously examined in order to find the most Adequate formulas.


CLRAE's President was topicaly speaking at a Crucial moment for the Fate of the latest Minsk Agreements on a sustainable Cease-Fire and Peace in Ukraine, where, after the recent withdrawal of Heavy Weapons, it's mainly the issue of Dialogue between all sides on Key Reforms for a DeCentralisation of Power, which remains to be done, added to Local Elections and concluding by a concerted re-establishment of Kiev's control of the Ukranian Borders at Neighbouring Russia.

 

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That's why Frecon spoke with "EuroFora" on that matter right at "the Beginning of CLRAE's Spring 2015 Session this week in Strasbourg, just after a landmark Debate on UK's "prospects for Devolution", with Senior Government, Parliamentary and Regional Brittish Officials, including from Scotland, (on the Future of which, CoE has scheduled another Debate for Tomorrow Noon, Wednesday, March 25), but also at the Eve of an Important CLRAE Debate and Vote of a Resolution on the "Regional Dimension of DeCentralisation in Ukraine", Tomorrow early Morning, for which various "Hot" Amendments were expected.


As a matter of general Principle, the still unfolding  UK's Devolution process is certainly something Welcome, from the point of view of COE's Local and Regional Democracy Principles, provoding for the Wider possible Local:Regional Autonomy; while fully Respecting the Territorial Integrity of the whole Country inside which such developments take place, and should normaly Inspire also several other European Countries, including, I Hope, even mine, added earlier the Senior French politician, (by a coincidence speaking also at an Anniversary year for the World-famous Brittish "Magna Carta" Historic precursor Legal document on Human Rights, notoriously adopted 8 Centuries ago, on June 1215)...

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⦁    Meanwhile, Liord Ahmad of Wimpledon, under-Secretary of State for Communities and Local Government, spoke this Afternoon at the CLRAE Plenary Debate about the Brittish Government's current Plans to enhance DeCentralisation also inside England itself, particularly around  Big Citires such as Manchester, etc., focusing mainly on the Financial aspects.

 

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⦁    In addition, Lord Wallace of Tankerness, PV QC, Advocate General for Scotland, described particulalry the further Devolution process for the Scottish Region, which had been promissed by the Brittish Government just after the recent Referendum.

 

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⦁    Moreover, other Topical prospects for Devolution to Wales, Northern Ireland and England were presented by the Chairman of the Local Government Association in these areas, and elected Councilor, David Sparks, before a Wider CLRAE  Plenary Debate on all relevant Developments inside the UK.  


⦁    All three also insisted on a "Transparent and Accountable" Local/Regional Democracy to be guaranteed in the concerned areas.

 

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⦁    Last, but not least, Scottish Parliament's European and External Relations Committee's Convenor, Christina McKelvie, from Scotland's National Party, who had fought for the acceptance of the recent popular Referendum of Independence, made a Critical appraisal of the relevant History, focusing mainly on the Promisses for a more substantial Devolution, made by London's Government "at a last minute attempt" to dissuade People to vote for Independence, (which lacked only 5% of Votes in order to be adopted by a Majority of more than 50%) : - I feel that we are now at "a Grey" period, when the Future isn't yet clear enough, she denounced, Warning London that, if things don't evolve in a satisfactory way, then, Scottish People will anew relaunch the struggle for Independence, again and again, until we get full Subsidiarity working, with the Local/Regional level having, in Principle, got practically all needed Competences in order to manage its own affairs, except from the Defense and Foreign Policy instruments, as she ambitiously said in conclusion.


⦁    This last point, Topicaly reminds French Senate's President, Larcher's recent suggestion for a Solution at the Eastern Ukraine conflict, who had proposed, (on the occasion of an official Visit to Germany's Bundesrat and Bundestag's Leaders, following a previous one in Russia's Council of Federation and Duma, before completing also with Kiev's Rada soon), to be inspired from a similar example as that of the French OverSeas territories, known as  "DOM-TOM", where "the Regalian competences remain at the hands of the Central Government, while, on the contrary, People's everyday life issues (including Economy, Social, Culture, Education , Science and Technology, Health, Environment, etc), would be Transfered to Local:Regional bodies., as he said, (See relevant "EuroFora"s Newsreport : http://www.eurofora.net/brief/brief/senatepresidentlarchermovesforukrainepeace.html ).


⦁    + COE's Secretary General, Thornbjorn Jagland, during his recent Visit to Kiev, where he met both with Foreign Minister Klimlin and the Ukranian President Poroshenko, etc, reportedly suggested that Ukraine's DeCentralisation of Power inspires itself from various interesting Examples in Europe, as such of differend Regions, with various Degrees of Autonomy, f.ex. in Switzerland,   Italy, Belgium, the UK, Spain, and even at his own Country : Norway, etc.


⦁    Norway, indeed, is included among 3 COE Member Countries, together with Poland and Greece, whose Local and Regional Democracy will be checked this week in Strasbourg by three relevant Debates and Votes during this CLRAE Session. On Poland, CLRAE's Draft Report mainly asks for more Financial Autonomy at the Local level, while, in Norway, it's much more the Freedom of Regions to Decide how they want to manage their own affairs, which needs to be Guaranteed, according to CoE's relevant texts.


⦁    Concerning specifically Ukraine, Tomorrow Morning's Debate is scheduled to take place with the Participation of vice-Minister for Regional development, Vyacheslav Nehoda, (as also the Following Debates on Poland and Norway, next Thursday, march 26, are due to include the competent State Secretaries Stanislav Huskowski and  Jardar Jensen, respectively, while Greece's new Minister of Interior, Nikolas Voutsis, already anounced here Today "a new Institutional and Economic Framework for Local Government"), as well as Local Representatives from Kharkiv, Odessa, etc, but not yet from the Donetsk/Luhansk Autonomist Regions, despite Minsk Agreements' call for an inclusive Dialogue, particularly on DeCentralisation Reforms and Local Elections, etc, as well as concertation and/or agreements through the Minsk Group of Contact, etc.


⦁    CLRAE had already Criticized the previous situation of Local/Regional Democracy in Ukraine at the Past, as it results, f.ex., by an official Recomendation adopted on 2013, (i.e. BEFORE the recent Clashes of 2014-2015), which had Denounced f.ex. the fact that, regretably, "Legislation limits the Local Authorities' Ability to take Decisions and Manage their own Affairs", and that "several Towns and Cities ... remained without an Elected Mayor, for Long Periods, owing to a Gap in the Electoral Law, which Undermines ... Local Self-Government", as well as "the Limits put on Local Governments' Financial Autonomy", and the possible "Interferences from the Central level in the Person of the Head of Administration of Local Authorities, added to attempts to "ReCentralise Competences", (etc).


⦁    => That's why, a CLRAE's Recommendation to COE's Committee of Ministers, had asked, since 2013, f.ex. to "Grant Local Authorities Competence for a Substantial Share of Public Affairs", "organise Elections for Mayors in Cities where this post has been Vacant for a Long Time", to "ReinForce the Financial Autonomy of Local Authorities", and "Transfer to Elected Representives" the "Competences of Districts' and Regions' Administrations', in order "to Establish an Administration under their Responsibility", as well as to "ReVitalise peri-Urban and Rural Areas" against "Demographic, Economic and Social Decline", and "involve Local Authorities" in such Strategies, (etc), "if necessary, by a Revision of the Constitution".

  

 (../..)

 

***

("DraftNews", as already send to "EuroFora"s Susbrcibers/Donors, earlier. A more accurate, full Final Version might be published asap).

*** 

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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

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

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

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    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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