Tag Archives: coe

Sargsyan and Chiragov: The Strasbourg Court takes aim at frozen conflicts?

by Rhodri C. Williams

Last week I joined Philip Leach of the European Human Rights Advocacy Centre (EHRAC) in Strasbourg to present the European Court of Human Rights’ June 2015 judgments in two cases related to the Nagorno-Karabakh conflict to government representatives at the Council of Europe, at a briefing event organised by the European Implementation Network and the Open Society Justice Initiative.

The cases were Sargsyan v Azerbaijan and Chiragov v. Armenia, which were effectively joined by being relinquished from their original chambers to the same composition of the Grand Chamber in 2010. Both judgments found continuing violations of the applicants’ rights to property and their homes (as well as an effective remedy) based on their displacement in the early 1990s and subsequent inability to return to or access their properties.

While not (yet) signaling the initiation of a pilot judgment procedure, the court notes that the cases typify repetitive claims resulting from the respondent states’ failure to peacefully resolve the Nagorno-Karabakh conflict, reiterate the “primordial” importance of subsidiarity to the functioning of the Convention system, and recommend that both states take immediate steps to address property claims on their own steam:

…it would appear particularly important to establish a property claims mechanism, which should be easily accessible and provide procedures operating with flexible evidentiary standards, allowing the applicant and others in his situation to have their property rights restored and to obtain compensation for the loss of their enjoyment. (Sargsyan, para. 238, Chiragov, para. 199)

Taken together, the judgments represent intriguing developments at a number of levels. Continue reading

Advertisements

One Europe?

by Rhodri C. Williams

As I type this, the points are rolling in for the 2014 Eurovision Song Contest. Its all a little bit surreal. Having done its best to stave off ‘politicization’ of a 2012 contest handed without strings to autocratic Azerbaijan, the organizers of Eurovision are now finding European politics bashing down the door and tracking muddy footprints down the hallway.

At the other end of Europe, it has been another bloody, divisive day in Eastern Ukraine, which is now described by the Guardian as ‘on the brink of civil war’. As mob rule descended on the Eastern city of Mariupol, one local Russian speaking resident described his view of the casus belli as follows: “This is the Donetsk people’s republic! We will destroy the Kiev junta and the Euro-gays! We will win!”

At this end of Europe, the picture could not be more different, with the Euro-gays sitting rather clearly in the ascendancy as the last minutes of the Eurovision contest roll down. A few minutes back, the astonishing transvestite performer Conchita Wurst of Austria passed the point of no return, taking high points not only from predictable Western countries but also east of the Oder locales like Georgia with rather mixed past records on moving past hetero-normativity.

More sadly, a pair of talented twins who happen to hail from Russia (but probably enjoy fairly little direct responsibility for troop movements on the Ukrainian border) initially drew loud and sustained boos from the crowd every time one of Russia’s few remaining friends in the region tipped them their 10 crony points. By the end the boos seemed to be drowned out by cheers, which indicate a far greater capacity to learn quickly from past mistakes on the part of the Eurovision crowd than the Kremlin regime.

The phenomenon of Conchita Wurst at this moment in European history highlights both the ascendancy of socially liberal values across many parts of Europe and the political division that gapes ever wider between European regimes that can handle individual expression and those that find it threatening. Not that the two never play footsie, mind. Just look at former Eurovision capital Azerbaijan, returned decisively to its draconian ways after the foreign media pulled out and yet all dolled up to assume the chairmanship of Europe’s ever less credible human rights organization, the Council of Europe, in just three days.

And yet, in the afterglow of a Eurovision contest that fell overwhelmingly to an Austrian ‘bearded woman’ who could belt out a power ballad like nobody’s business, the last word is best left to Conchita herself:

Waking in the rubble
Walking over glass
Neighbors say we’re trouble
Well that time has passed

At some point, now or in the future, Moscow will need to decide whether it always wants to be that grumpy neighbor or would rather integrate more meaningfully with a European community it has every claim to be a part of. But Europe would do well in the meantime to be a little more careful about who it welcomes into Conchita’s house.

Sweden faces up to past discrimination against its Roma minority in a new ‘White Book’

by Rhodri C. Williams

One week ago, the Swedish integration minister Erik Ullenhag presided over the long-awaited release of a government “White Book” documenting the country’s treatment of Roma during the 20th century. As appropriate to the aims and nature of this inquiry, the initial publication was a Swedish family affair; while the context of broader European antiziganism – or racism against Roma – is discussed and acknowledged, there has yet to be an official translation of the White Book in English (let alone romani ćhib), although a summary and fact sheet are now available.

Greater accessibility and dissemination will no doubt follow, if for no other reason than to show compliance with Sweden’s EU-mandated integration policy, and respond to specific criticisms of the Advisory Committee for the Council of Europe Framework Convention on National Minorities. However, for the time being, coverage, dissemination and discussion of the White Book have been in Swedish, with the exception of the Local and Swedish Radio. While this has emphasized the extent to which this effort is driven by and aimed at addressing local concerns, it has also resulted in a limited and eclectic international reception to date.

Given my own ongoing research interest in autonomy and minority rights in the Nordic countries, I have been working my way through the White Book and will be writing two posts on it here in TN. The first one, will address the general approach to truth-seeking set out in the White Book, and how it has been received and debated in Sweden. The second will focus more narrowly on the fifth chapter of the White Book, and, in keeping with the concerns of this blog, discuss the historical obstacles to property ownership and secure tenure to housing for Roma in Sweden.

As an outset observation, the White Book is a remarkable document, stating clearly and with an unassuming Swedish sobriety how far the country has come in the integration of its Roma national minority and how far it has yet to go. Its goals are two-fold, namely to provide recognition to the victims of a century of systematic discrimination, and raise awareness among the majority population regarding the severity of these abuses and their enduring effects (12). While the White Book represents a major step toward meeting both goals, some questions remain about both their sufficiency and their relationship with the prospectively oriented Swedish strategy for Roma inclusion.

In fact, the current relevance of the White Book was underscored with near-Hollywood timing by a set of recent scandals involving Roma in Sweden. Continue reading

Svaka čast Croatia

by Rhodri C. Williams

And let me say how honored I am that you chose my birthday for accession to the EU! I’ve had a pretty complicated relationship with you in the past, I have to admit. On the positive side, I used to flee to you when the narrow valleys of Bosnia got me feeling fenced in and I needed to pop over that last rise after the Metkovic border crossing and let that view – the burnished expanse of the Adriatic – seep physically into me. We also used to pile out to the north, going hell for leather from Slavonski Brod along the ex-Highway of Brotherhood and Unity, anything just to hit Zagreb before the only Mexican restaurant in the West Balkans announced last call.

Beyond my personal enjoyment of your charms, I was also impressed in a grim way by your ability to stick it out as a small country in a historically tough neighborhood. The sort of existential problems you faced in the 1990s were unlikely anything I could imagine, having grown up in the protected suburban vastnesses of the 1970s US midwest. The problem, in my mind, was not (only) that you didn’t have clean hands (nobody did). The problem was that you couldn’t come clean about it. Of course, nobody else could either, but you, unlike the others, just galumphed right over your historical indiscretions like so many speed bumps on the boulevard to European integration.

So what is my beef? Well, I worked on property restitution in Bosnia. So I watched as the ‘international community’ in Sarajevo turned the screws on the Bosnians until they extended restitution to cover not only all private houses but also all socially owned apartments (with a few fateful exceptions of course). And I watched as the same international community in Zagreb gradually conceded points that we had gone to the wall over in Sarajevo and started to purge terminology like ‘tenancy rights’ from documents like EU accession progress reports.

I also worked on the OSCE and ICHR friend of the court briefs in the ill-fated Blecic case before the European Court of Human Rights, and assisted the Council of Europe Parliamentary Assembly’s attempt to push for uniform restitution standards in Europe. I marveled both when the ICTY condemned the uncompensated confiscation of 30,000 socially owned apartments as part of a broader plan to remove Serbs from Croatia, and when that ruling fell on a seeming technicality. And I am left to conclude that the relatively prosperous and self-confident Croatian political elite was simply not held to the same rigorous standards still being applied to their poor and less organized cousins in Bosnia.

The bottom line is that the country that declared independence in 1991 had a 12.2% Serb minority while the country that joined the EU today has a 4.4% Serb minority, and that little statistic patches over a lot of ongoing misery and unredressed violations. Now I know its still not an easy time for you what with sliding EU support and all the commentators cracking wise about how you fought your way out of one oppressive, economically troubled confederation twenty years ago only to fling yourself into another today. So I’ll say only this. It is entirely to your credit that you have entered the hallowed precincts of the EU but it is troubling that you did so with a certain number of skeletons clanking around in your luggage.

Of course, one might as easily find fault for this state of affairs in Brussels as in Zagreb. But pressuring countries that are already in to observe such niceties as the Copenhagen criteria and the rule of law is not the EU’s traditional strong suit. In any case, that is nothing that should prevent you from finding that it lies in your own best interest to engage sooner rather than later with your past. And doing so in a clear-eyed way would, at a stroke, remove many of the excuses holding back your EU-aspirant neighbors from doing the same. And maybe leave both the EU and the western Balkans in better shape as a result. So, congratulations, and good luck as part of the European project of building a future worthy of the sacrifices and suffering of the past.

Breaking news – Dissident arrests, police abuse and mass evictions in downtown Malmö by Swedish Eurovision hosts

by Rhodri C. Williams

Okay, that was the first completely bogus headline I have ever run in TN. But I bet it got your attention. You were probably skeptical, and rightly so, about connecting the phrases ‘dissident arrests’ and ‘mass evictions’ with adjectives like, well, ‘Swedish’. Unthinkable, right? However, if ‘Eurovision’ seemed similarly ill-placed in such unseemly company, that’s where things get interesting.

In fact, it was only last year that Europe’s annual fiesta of pop-culture self-congratulation was hosted by Azerbaijan, a dynastically ruled pseudo-democracy where strategic location, deep oil reserves and self-interested support for the ‘global war on terror’ have bought the regime a near complete pass on human rights observance. Sound like Gaddafi’s Libya in late 2010? Well, you wouldn’t be entirely wrong there.

A key difference, one might argue, was that Gaddafi’s Libya was not eligible to join prestigious European regional organizations like the Council of Europe, which are meant to ensure mutual respect for human rights standards among their members. However, the performance of the Aliyev regime in Baku appears to indicate that Mr. Gaddafi’s problem was largely geographical.

In fact, last year’s Eurovision contest went boldly forward where no autocracy had gone before, bulldozing a shrill chorus of human rights criticism with Wagnerian pyrotechnics even as entire neighborhoods were razed to improve the view from an arena built with purloined money, protesters were roughed up by police and dumped at the edge of town, and political prisoners continued to rot in jail, unenlightened by Azerbaijan’s spectacular entrance into Europe’s vacuous pop culture scene.

Continue reading

Alternative history: The Nobel Peace Prize goes to Eurafrique!

by Rhodri C. Williams

As we all know, the European Union (EU) received the Nobel Peace Prize last week for “over six decades contributed to the advancement of peace and reconciliation, democracy and human rights in Europe”. The award has been debated, not only because it comes at a moment when a largely self-made economic crisis is severely straining the very element of European solidarity that justified it, but also because it comes after a series of other controversial recipients – most notably Barack Obama in 2009, whose contribution to peace consisted, according to many commentators, of not being George W. Bush.

Although there has always been a perceptible undercurrent of skepticism about the extent to which the EU is built on a foundation of unalloyed idealism, it has rarely been expressed more concretely than in a fascinating commentary in the edition of the Swedish broadsheet Dagens Nyheter (DN) that appeared the day before the Nobel ceremony. There, the Linköping University researchers Stefan Jonsson and Peo Hansen give a preview of their forthcoming book, “Eurafrica: The untold history of European integration and colonialism”. For Europhiles well-versed in the use of Google translate, it will not make for comfortable reading.

Without denying the pacific effect of early economic integration measures such as the European Coal and Steel Community, the authors note that their primary motivation may have been a last ditch attempt to shore up the European colonial project. Faced with an increasingly assertive global anti-colonial movement and the humiliation of the Egyptian nationalisation of the Suez Canal in 1956, the EU was founded in no small part as a means of economically integrating not only Europe but also its remaining African possessions. Consider, for instance, a curious passage in the foundational 195o Schuman Declaration:

Continue reading

Europe, stop voting now! (The Eurovision contest returns to a democracy)

by Rhodri C. Williams

“Europe stop voting now!” shouted the well-scrubbed hosts of the Baku 2012 Eurovision finals last night after a dizzying round of 26 acts featuring babushkas, boats, bread ovens and backflips. And with that, the first truly free and fair exercise of democracy on Azerbaijani soil was completed. Too bad it was not a real election, but the results for Azerbaijan’s politics remain somewhat unpredictable.

The worst case scenario will be a return to repression as usual, but with the additional alibi of having ascended to the ranks of Eurovision-hosting countries. The rest of Europe, in other words, is free to resume voting periodically in meaningful elections, while Baku will continue to exercise its own discretion in the matter. On the other hand, the fact that the honors fell in this case to Sweden’s Loreen may help to ensure that the contest does not simply move on, allowing a free hand to the Azerbaijani authorities to crack down in its wake.

The Swedes are one of the few countries in ‘old Europe’ to still take the contest seriously; this is their fifth win, placing them second behind Ireland in overall trophies. When we opened the window at midnight yesterday, the air veritably shook with lusty Viking voices “going up-up-up-up-up”. The Swedes also have a sense of fair play and a streak of impatience with countries that fail to live up to Nordic standards of democracy and rule of law, particularly where they are forced to cohabit the same European institutional spaces with them. Local reactions to the skeletons in Baku’s human rights closet were late in coming but strong. Last Thursday, for instance, the foreign policy spokesman of one of Sweden’s ruling coalition parties called for EU sanctions against Azerbaijan of a similar nature to those applied against other post-Soviet failed democracies like Belarus.

However, the latter piece raised at least two Swedish negative points on this issue. First the author explicitly noted that cooperation between an affiliate of Swedish telecoms giant Telia-Sonera and the regime in Baku is likely to make it easier for the latter to track down dissidents. Second, and implicitly, the relatively low level authorship of the piece emphasized the near-silence on this topic from the actual Foreign Minister, the ordinarily loquacious Carl Bildt, who could only be troubled to give recent mention to Eurovision 2012 as something of a distraction from regional security issues in his prolific blog (though he had expressed hopes the contest would improve the country’s human rights record a year ago – while at the same time praising Telia-Sonera’s investments there).

Nevertheless, on Friday night, the Swedish public television’s evening news was refreshingly well-informed about the human rights situation in Azerbaijan – and even stumbled onto a demo where grim-faced plain-clothed heavies didn’t let the rolling cameras crimp their style as they hustled protesters into waiting minivans (see minute 43 and onward of the broadcast). The Swedish reporter also took the time to visit a squalid home for IDPs from Nagorno-Karabakh (she swoons visibly while pronouncing “27 families to a single toilet”) just minutes away from the ‘crystal hall’ built for the contest, as she notes, by the President’s own shell company. She also reports on disappointment in Baku over the passive approach of the European Broadcasting Union (EBU) and risks to activists (who have been ostentatiously filmed by the police) once the contest is over.

The segment ends with the former Swedish ambassador to Azerbaijan, Hans Gunnar Aden, who gives a candid take on the caviar diplomacy recently described by the European Stability Initiative (ESI), stating that the country is sliding toward dictatorship while demonstrating a marked ability to “deceive – or bribe” Western observers such as those in the Council of Europe. In other words, awareness of Azerbaijan’s appalling human rights record and its successful campaign of obscuring these abuses in order to retain membership in prestigious European institutions has sunk in here in Sweden. Of perhaps the most practical use to Azerbaijan’s dangerously exposed democracy activists is the fact that the new Queen of Eurovision, Loreen, took the trouble to meet them personally and will no doubt remain interested in their fate. As reported by the BBC last week:

The Swedish singer Loreen, one of the favourites to win this year’s Eurovision, has already had a meeting with local human rights activists, much to the annoyance of the Azeri authorities.

The return of Eurovision to a country that consciously seeks to live up to European standards on human rights and democracy rather than to undermine them will make for a refreshing change. However, last night’s jamboree in Baku has both helped to legitimize an undemocratic European regime and to tarnish the reputations of both the Council of Europe and the European Broadcasting Union. Having won the battle for Eurovision last night, Sweden must now consider how it can contribute to winning the war for the assertion of core European values in countries that aspire to European membership.