French Ambassador to the CoE, Caballero, to Eurofora on Ukraine + Russia, after CoE Assembly Debate

*Strasbourg/Angelo Marcopolo/- French Ambassador/Permanent Representative to the CoE, Jocelyne Caballero, (who has already served in Canada, Germany, at the EU in Brussels, in Africa, and at Paris' Foreign Ministry's HeadQuarters, etc), replying to "Eurofora" Questions on Ukraine and Russia, had a Concrete opportunity to illustrate France's Priorities for the Organisation of Strasbourg, about CoE's duty to Stand by its main Principles on Democracy, Rule of Law and Human Rights, while also SaveGuarding the Cohesion of the PanEuropean area : I.e. by Combining its 2 Unique Characteristics, that CoE is the Only Body to represent, particularly regarding the current Need to Face the "New Challenges" of Today, such as Terrorism, the Refugees' Crisis, etc., which affect the Cohesion of our Societies and open a Debate between Freedoms, Rights and Security, that only the development of CoE's role as "School" for "Democratic Security" could reconciliate, as she had earlier advanced, as a matter of general principle, in a Conference organized by the Strasbourg University and the CoE, with the help of the European Movement, (See Infra).         

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
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 - "Eurofora", observed, in substance, that,  20 years after Russia's accession to the CoE (1986 - 2016), which gave a real PanEuropean Dimension to Strasbourg's organization, exceptionaly, the Russian MEPs don't participate at CoE Assembly's work during almost 2 ful Years now (2014-2016), and this fact provokes various Problems, including, f.ex., as it regards CoE's efficiency on the Fight against Extreme Islamic Terrorism, the Peace process in Ukraine, Syria, etc. Meanwhile,, France has played an Important role both on the Accession process of Russia in the CoE, which occured partly when Catherine Lalumiere served as Secretary General of the Organization, and in order to help Pacify Conflicts which risked, otherwise, to provoke Deadly Wars and Destructions, as, f.ex. back on 2008, between Georgia and Russia, as well as on 2014-2015, at the Ukraine Crisis, when President Poroshenko first met President Putin at a meeting organized in France, followed, later-on, by the Minsk Agreements, etc. What is, Today, France's strategy for the Solution of these Issues, (which concern both CoE's PanEuropean dimension, and the ECHR, since, for the 1st time in History, instead of Turkey and Russia, it's now Ukraine which has the Biggest Number of Pending new cases), and what should be done in the foreseable Future ?, we asked Ambassador Caballero.

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- Concerning Ukraine, the CoE certainly has an important area for Action, the French Top Diplomat acknowledged from the outset., in her Replies to "Eurofora"s Questions.

 - In this regard, recently, a Delegation of Ambassadors/permanent Representatives at the CoE in Strasbourg, Visited Ukraine, last March 2016, and Spoke with All Interlocutors.

=> Following this Trip, my Opinion on the situation at Ukraine, evolved considerably, she revealed.

- Because, "seen from here", (i.e. from Strasbourg's CoE Headquarters), "we observed mainly a Blocked Situation, concerning f.ex. the Governmental crisis, the Delays of Constitutional Reforms, a too Slow progres on the implementation of Minsk Agreements, etc..

- But, "there, on the spot, People see a Quantity of Reforms affecting, f.ex., the Judicial System, the DeCentralisation, (even if the Question of the Status of Donbas' pro-Autonomist Regions of Donetsk/Luhansk still Remains Open), as well as on the Authorities competent for the Fight against Corruption,  the Reform of Justice, Constitutional Laws,  for Civil Society, etc., there is a certain Progress, she felt.
 In consequence, despite the existing problems, this gives a feeling of "a Positive Impetus", Ambassador Caballero found.

Concerning CoE's main domains of action, its Committee of Ministers has taken several Decisions on Ukraine, in order to Confirm the Principles and the Rules of the organisation.

- Even if the CoE might not have always the means to fully realze everything in practice, nevertheless, it has at least, to be always Firm and Coherent on the Principles", the Top French Diplomat stressed.

- CoE's position should never Vary on Principles", because "it's a matter of Credibility", where the Strasbourg's Organisation for Human Rights, Democracy and Rule of Law, "must be Firm", Ambassador Caballero concluded.

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     + Concerning Russia, CoE Assembly's decision to Suspend certain Rights of the Russian Parliamentary Delegation does Not mean that they might be Excluded : On the contrary, Russian MEPs can participate in PACE's Debates, etc., f.ex. on the Topical Issues that "Eurofora" had mentioned, (Fight against ISIL's a.o. Deadly Terrorism, Peace process in Ukraine, Syria, etc). So that they Deprive themselves from that Opportunity, while  they should avoid a situation of asking "Everything, of Nothing",  by not accepting to Return unless there are "No Conditions" attached, she advised.

    However, the Top French Diplomat didn't seem to have been informed on the Fact that, initialy, Russian MEPs had Agreed on a Compromise Solution, together with the then Presidents of PACE's Monitoring and Political Committees, endorsed by a Majority of MEPs there, providing mainly for 1 Year Suspension of their Voting Rights, while, on the Contrary, during the Plenary Debate, a last-minute Amendment, Tabled and supported just by a Minority of Registered MEPs, (and in the Absence of the Russian Delegation), asked, Moreover, to Exclude them even from Participating at the Highest PACE Bodies, (such as is Bureau, etc), and envisaged a possible Extension of the Sanctions even Further than 1 Year, thereby Provoking their Departure, (See : .....).

    At any case, this might have some "Consequences in the Future", particularly since the Russian MEPs reportedly  also want for PACE  to Review its Monitoring process, in order to make it "Non Discriminatory", as they say. In fact, their aim seems to be to "Abolish that system", she found. 

    => - All this "makes Dialogue Difficult", Ambassador Caballero acknowledged.

    - Regarding France's position, it's always that Sanctions imposed on Russia are Not an Aim in themselves", but "Consequences of certain Situations". And we strongly Wish that these situations will be settled the soonest possible, so that these Sanctions can be Lifted", she concluded, in Reply to "Eurofora"s Question, (Comp. Supra).

    + Speaking earlier more Widely, as a matter of General Principle, she had also praised CoE's "Unique" role as "the only PanEuropean Organisation, due to Unite all European States". Therefore, CoE has, Today, to Find an adequate and efficient way to Face the Challenge of a recently increased "Tension between its Rules and Principles, on which it is based, and "the Need to SaveGuard the Cohesion of the PanEuropean Family".

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    Closing the Conference, Professor Gabriel Eckert, Director of the Political Studies' Institute (IEP)  and President of the "Carre de Malberg" Research Institute on State and Public Law  at Strasbourg University, observed, in fine, that such Topical Questions "show that, Contrary to what some often claim, in fact, CoE has No Problem of Visibility".

+ And, referring to Ambassador Caballero's earlier mention of "the CoE as a School for Democracy", he stressed that "this is, precisely, the main Challenge" Today : - "CoE is an area for Learning, but has also to find out How to clearly Explain things, how to be Attractive, and how to get enough Authority in order to implement, f.ex. ECHR's Judgements, to fullfil Member States' Obligations and Commitments, etc, Eckerty pointed out.

++ "Moreover, it should even tackle "New Issues," such as, f.ex., the Article 15 of the European Convention on HUman Rights, about possible Derogations in order to Fight against Terrorism, etc. ; the Migrants' Issue : even if it concerns mostly the EU, there is also an area for the CoE  ; it's also interesting to find out whether the CoE could find a Common positionn with the EU on certain Topical matters, such as, f.ex. that of "WhistleBlowers" protection, etc.  Last, but not least, CoE, as a "School of Democracy", as  well as Universities, nowadays, have even to Face Budgetary Issues, in other words : How to do Better, with Less Assets, i.e. a Challenge that we all Face Today with Optimism", Eckert concluded, smiling.

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+Recent PACE Debate on the Political+ Human Rights situation in Eastern Ukraine:  --------------------------------------------------------------------------------------------

 Meanwhile, CoE's sources told "Eurofora" that a Team of the PanEuropean Organisation's Assembly is due to Visit Ukrainen soon on matters concerning mainly the proper functioning of Elections.

The controversial issue of Local/Regional Elections in the Autonomist Regions of Donetsk and Luhansk, as foreseen in the Minsk Agreements, is still Pending, after the pro-Autonomy leadership accepted, Last Year, to Postpone their own Elections, (initialy scheduled for October/November 2015), as a gesture for a Peraceful Compromise with Kiev's Government, (which had been so upset, in the Past, when Donetsk/Lugansk had earlier held their own Elections, that this had triggered Tension and even more Deadly Clashes back on late Autumn 2014 up to the Beginning of 2015).

Russia, and, reportedly, France and Germany, recently urged to advance towards Local/Regional Elections at Donetsk/Lugansk, according to International Standards, under OSCE/CoE supervision, but the Ukranian Government reportedly prefered to focus, as a matter of Priority, into Advancing Further on Security issues, at first, while also asking for the pro-Autonomist Regions' Elections to be held in "full compliance with Ukranian Laws", edicted by Kiev.

But the most Important Pending point, for the Peace process, notoriously is that of the Definition of a Special Status for the DeCentralisation due to be Officialy established at the pro-Autonomy Regions of Donetsk - Luhansk, as promised by Ukranian President Poroshenko since his First Visit to the CoE in Strasbourg, back on June 2014, (Comp.  relevant "Eurofora"(s NewsReport then, particularly on the role of CoE's "Venice Committee", etc, f.ex. at : ....), and later officialy agreed during the February 2015 Minsk Summit Deal.

As long as this Crucial Constitutional Reform is still Delayed, mainly by Political Controversies at Kiev, until a Parliamentary Majority ready to Vote for Comprehensive Proposals can be found, inevitably, the Problem of the "Isolation" of Millions of People living at Donetsk and Lugansk, as CoE's Human Rights Commissioner, Nils Muiznieks, recently stressed from the outset during an Exceptional joint meeting of CoE Assembly's Political and Legal/Human Rights Committees in Strasbourg, consecrated on the situation at "Eastern Ukraine" : - "The overall Impression", at his latest Visit on the spot, "is that the situation is now Calmer" than in the Past, but the pro-Autonomy Regions of Donetsk and Luhansk are even "More Isolated" than before, Muiznieks told MEPs.

During that important CoE Meeting, where PACE's Rapporteurs on both Political and Human Rights' aspects, MEPs Kristyna Zelienkova, from the Czech Republic, and Marieluise Beck from Germany, respectively, presented their Findings after their latest Visit on the spot during April 2016, followed also by a Briefing from CoE Secretary General's Adviser on Ukraine, Christos Giakoumopôulos, (former CoE Director on Human Rights), it was Criticaly observed that "the Sitiation about Free Movement became Worse" in Eastern Ukraine, as CoE's Human Rights Commissioner, Muiznieks pointed out :

- F.ex., sometimes, People have to "Wait for 36 Hours" for traveling in and/or out of Donetsk/Lugansk towards/from the Kiev Government - controlled areas, even for a Destination located only 1 km from Lugansk, and normaly "Accessible by Foot", while Internal Security Borderlines are even "Closing" down, too "Often", he denounced.

- In the meantime, on "Pensions, and various Social Benefits" due to the People Living at the pro-Autonomy Regions of Donetsk and Lugansk, there are still "No Payments" by the Government of Ukraine, Neither Bank "Transferts" to those Territories, so that they need to Travel to the Kiev Government - controled areas, Crossing Army Security lines, with all the Obstacles cited above. Moreover, recently, occured even a "Suspension" of Social Aid "to many IDPs (Internaly Displaced People)", provoking "a New Issue". Thus, many particularly "Vulnerable People" face Serious Problems which "Need to be Adressed as a matter of Urgency", MEPs were Warned.

=> - "If this Continues, we shall have a Gray Area, at a Big Territory, in the Middle of Europe", CoE's Human Rights Commissioner Warned in Conclusion.

 + In fact, there are, currently, 3 Different Legal Regimes in Ukraine : (A) there where the normal Ukranoan Laws apply, (B) other areas where there is a Derogation from the European Convention of Human Rights, and (C) a "Black Hole" about Human Rights in the Donbas, described also CoE Secretary General's Advisor for Ukraine, Christos Giakoumopoulos. "In the areas Near the Conflict Zone", Human Rights' "Restrictions" affect, f.ex., "Personal Liberty", "Fair Trial", etc., while "Detentions", even at "Isolatiion", can be "very Long", etc. To this are added also more than "1,7 Millions Refugees", i.e. "People who Fled" the Conflicts.

- Even if there is some Progress concerning the Program of Reforms in the Kiev Government controlled areas, (f.ex.on the Review of Criminal Law, on Anti-Corruption measures, on the Medias, on the overall DeCentalisation, on the Judiciary, etc), while, in addition, recently, "a New Government" is established, nevertheless, there is also a "Delay", particularly regarding "the Political Commitments of the Government of Ukraine", f.ex. on "the necessary Constitutional Refoirms", on the further Implementation of "the Minsk Agreements" for Peace, on the "DeCentralisation" for the Donbas area concerning particularly the Future Status of the pro-Autonom y Regions of Donetsk - Lugansk, etc.

=> Therefore, "the Population" affected risks to feel, more and more, "Despair", he Warned.

- The most Important Problem is not so much the overall Political situation, "but", rather, a growing, "Enormous Debt", while the existing "Hopes for Investments"  still face "a Climate of Instability", in addition to an "Economic Blockade", particularly of the Eastern Regions, and aggravated by some "Extremists", who went as far as to even "Kill Lawyers", the CoE's Experienced Senior Official pointed out.

>>> -  These Days, "we (EU/CoE) speak a lot about Syria" and Mass Asylum Seekers from Turkey, etc., "but there is No Awxareness of the Fact that, much Closer to us (Europe), there is a Country with a Lot of Refugees, in Awful Circumstances" :  I.e. "People who Left their Homes", and "live Without Any form of Support", (neither in Money, nor in Food, Shelter, Health Care, etc), totalling about "2 Millions of People", who need "to Take Care" of them, Strongly Denounced CoE's Rapporteur on the Human Rights situation at Eastern Ukraine, German Liberal MEP Marieluise Beck, speaking at that same PACE exceptional meeting (Comp. Supra).

+ Moreeover, even from a purely GeoPolitical point of view, in addfition to the Need to "Complete the Cease-Fire", the "Withdrawal of (heavy) Weapons", and agree on "the closure of Borders", etc., according to the Minsk Agreements, unfortunately, the situation at Kiev's Parliament "is Not yet Ripe for a 2/3 Majority necessary for the Constitutional Reforms" foreseen by the Peace Agreements, (f.ex. on a DeCentralized Status for Donetsk - Lugansk pro-Autonomy Regions, Local/Regional Elections there, general Amnesty, etc). Currently, there are "Negotiations for a New Coalition, and a New Government", which "will Have to Deliver", also because what is realy at Stake, extends far "Beyond Ukraine itself":

>>> - In Fact, "it's about the Security of whole Europe", while, in addition, the still on-going Conflict and Tensions in Ukraine, as well as the Sanctions against Russia, etc., could "Lead to a Destabilisation which Threatens all Europe !", Warned CoE Assembly's Rapporteur on the Political issues at Eastern Ukraine, Kristyna Zellenkova, Liberal MEP from the Czech Republic.

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https://www.youtube.com/watch?v=6yGFuX2KDQs

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(NDLR : Fast Translation from the Original in French. + "DraftNews", as already send to "Eurofora"s Subscribers/Donors, earlier. A more accurate, full Final Version might be Published asap).

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