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historic precedence for settlers going home....

How can we solve it? (keep it civilized)

Postby ZoC » Sun May 29, 2011 12:44 pm

Viewpoint wrote:All part of the bigger deal.....no deal and no one leaves.


wot deal? u don't even have a pair of underpants and u wanna do deals?
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Postby bill cobbett » Sun May 29, 2011 1:12 pm

This is a link to the Dayton Peace Agreement for Bosnia Herzogovina from 1995 as it appears on the US State Department...

http://www.state.gov/www/regions/eur/bo ... agree.html

Like CY, Dayton is based on a bi-zonal settlement, but unlike CY so far, at the individual level, it's a human rights based settlement.

Here is what the Dayton Agreement has to say about Property, Right of Return and Home...

"CHAPTER ONE: PROTECTION

Article IRights of Refugees and Displaced Persons

1. All refugees and displaced persons have the right freely to return to their homes of origin. They shall have the right to have restored to them property of which they were deprived in the course of hostilities since 1991 and to be compensated for any property that cannot be restored to them. The early return of refugees and displaced persons is an important objective of the settlement of the conflict in Bosnia and Herzegovina. The Parties confirm that they will accept the return of such persons who have left their territory, including those who have been accorded temporary protection by third countries.

2. The Parties shall ensure that refugees and displaced persons are permitted to return in safety, without risk of harassment, intimidation, persecution, or discrimination, particularly on account of their ethnic origin, religious belief, or political opinion.

3. The Parties shall take all necessary steps to prevent activities within their territories which would hinder or impede the safe and voluntary return of refugees and displaced persons. To demonstrate their commitment to securing full respect for the human rights and fundamental freedoms of all persons within their jurisdiction and creating without delay conditions suitable for return of refugees and displaced persons, the Parties shall take immediately the following confidence building measures:.... "



To partly aid the implementation of the above, like CY, there is a stand alone Property Commission, but it is one that although it works to the same principles of law as the ECHR, is independent from the ECHR. So far in its adjudications the majority of cases brought before it have resulted in Restitution of Property, unlike the IPCScammission in CY.
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Postby ZoC » Sun May 29, 2011 1:23 pm

the reason cyprus can't be solved is exactly the same reason why israel/palestine can't be solved: because the turks and the zionists believe they are above international law.
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Postby bill cobbett » Sun May 29, 2011 2:13 pm

ZoC wrote:the reason cyprus can't be solved is exactly the same reason why israel/palestine can't be solved: because the turks and the zionists believe they are above international law.


Two things spring to mind on Israel please mate...

Firstly, and to partly answer the question you raise in the OP... to its credit Israel has removed Illegal Settlers (and removed them very forcibly) from settlements in Gaza, in the West Bank and very recently in Hebron. In many cases the Israeli Army razed the Illegal Settler "Homes" to the ground.

Secondly, only this past week USA Pres Obima insisted, much to Netanyayu's blustery annoyance, that in a future settlement, Israel (and by implication its Illegal Settlers) will have to withdraw to pre-1967 borders.
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Postby ZoC » Sun May 29, 2011 2:39 pm

bill cobbett wrote:
ZoC wrote:the reason cyprus can't be solved is exactly the same reason why israel/palestine can't be solved: because the turks and the zionists believe they are above international law.


Two things spring to mind on Israel please mate...

Firstly, and to partly answer the question you raise in the OP... to its credit Israel has removed Illegal Settlers (and removed them very forcibly) from settlements in Gaza, in the West Bank and very recently in Hebron. In many cases the Israeli Army razed the Illegal Settler "Homes" to the ground.

Secondly, only this past week USA Pres Obima insisted, much to Netanyayu's blustery annoyance, that in a future settlement, Israel (and by implication its Illegal Settlers) will have to withdraw to pre-1967 borders.


sure... billy. and i chose my words carefully. it's the zionists who prevent a solution... and they're incredibly powerful and incredibly dangerous. and not all of them live in israel. many, if not most, have never even been there.

obama gave his speech to aipac. which means they must, at last, be ready to hear it. one can only conclude that people like my hero norman finkelstein have, at last, had enough influence on the us jewish diaspora to make them realise that rabid zionism is the root cause of neo-antisemetism.
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Postby bill cobbett » Sun May 29, 2011 5:25 pm

ZoC wrote:
bill cobbett wrote:
ZoC wrote:the reason cyprus can't be solved is exactly the same reason why israel/palestine can't be solved: because the turks and the zionists believe they are above international law.


Two things spring to mind on Israel please mate...

Firstly, and to partly answer the question you raise in the OP... to its credit Israel has removed Illegal Settlers (and removed them very forcibly) from settlements in Gaza, in the West Bank and very recently in Hebron. In many cases the Israeli Army razed the Illegal Settler "Homes" to the ground.

Secondly, only this past week USA Pres Obima insisted, much to Netanyayu's blustery annoyance, that in a future settlement, Israel (and by implication its Illegal Settlers) will have to withdraw to pre-1967 borders.


sure... billy. and i chose my words carefully. it's the zionists who prevent a solution... and they're incredibly powerful and incredibly dangerous. and not all of them live in israel. many, if not most, have never even been there.

obama gave his speech to aipac. which means they must, at last, be ready to hear it. one can only conclude that people like my hero norman finkelstein have, at last, had enough influence on the us jewish diaspora to make them realise that rabid zionism is the root cause of neo-antisemetism.


Reh ZoCooui ... stick to your OP reh, historic precedence for settlers going home. If if we get into Zionism etc etc... we'll be chasing our tails as ever...
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Postby ZoC » Sun May 29, 2011 7:39 pm

ok, billiroukoui mou. i will add this though.... if it's true that jewish america - under the scholarly tutelage of finkelstein et al - are wising up to and challenging the excesses of zionism, this could have a profound effect on cyprus.

one reason, in my estimations, why the us/uk have been in support of a turkish solution to cyprus is this: if turkey could secure a two-state "deal" (as the xivragodos puts it) along ethnic lines - with the "trnc" giving up some of the occupied north in return for recognition (ie. land-for-peace), this would set a precedent for how israel could similarly get a "deal" with her arab neighbours. a deal in line with israeli (and usa) interpretation of UNSC resolution 242 (as opposed to the rest of the world's). in other words, it would have put an end to the legal principle that it was inadmissable to acquire territory by war.
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Postby bill cobbett » Sun May 29, 2011 8:27 pm

Well to move on from blooming Zionism and on to another recent conflict and attempts to resolve it.

The ongoing and problematic situation in Dafur.

This is a link to the Dafur Peace Agreemnet...

http://docs.google.com/viewer?a=v&q=cac ... X29rVI43Ew

... amongst which is an insistence on compliance with human rights. It's a huge doc, but here are some bits of the sections that have relevance to CY...

Section 33
"Every person shall have the right to own or acquire property as regulated by law. No private property may be expropriated except by law in the public interest and in consideration for prompt and fair compensation. No private property shall be confiscated except by order of a court.

Section 34
Every person shall have the right to freedom of movement and full liberty to choose her/his residence except as regulated by law. Every citizen shall ahve the right to leave the country as regulated by law and shall ahve the right to return.

Section 176
URGENT PROGRAMS FOR INTERNALLY DISPLACED PERSONS (IDPS), REFUGEES AND OTHER WAR-AFFECTED PERSONS AND COMPENSATION FOR WAR-AFFECTED PERSONS
Principles
176. Displaced and war-affected persons will enjoy the same human rights and fundamental freedoms as any citizen under the law of the Sudan. In particular, the relevant authorities have a responsibility to ensure that such persons enjoy freedom of movement and of choice of residence, including the right to return and to re- establish themselves at their places of origin or habitual residence.
177. The treatment of displaced and war-affected persons in and from Darfur will conform to international humanitarian law, human rights law and guiding principles, as set out in the Declaration of Principles.
178. In all cases, the return of displaced persons to places or regions of origin must be voluntary. In this regard, the displaced should have access to objectively reliable information about conditions in their places of origin. Relevant authorities with the assistance of the AU and the international community shall assure proper protection and dignified treatment of displaced persons during the process of voluntary return and reintegration or voluntary resettlement at another place of their choice.
179. The Parties agree that the provision of security is necessary for displaced persons to return. To restart their livelihood and commence effective reintegration, they will need potable water, food and shelter materials, as well as agricultural inputs for both crops and livestock such as seeds, seedlings, veterinary services, tools, and essential equipment including machinery for the making of building blocks, as well as micro credit schemes. Recovery will have to include the rehabilitation and/or creation of adequate educational and health facilities.

Restitution
194. Displaced persons have the right to restitution of their property, whether they choose to return to their places of origin or not, or to be compensated adequately for the loss of their property, in accordance with international principles.

196. Compensation in place of restitution shall only be given where it is factually established, in accordance with the procedures in this agreement, that restitution is impossible.
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