HOUSING RIGHTS
set the homes on fire. However, the Commission accepted that the applicants’
homes had been burnt, and that the weight of the evidence pointed to the security
forces having carried out the destruction. The Court found breaches of the right to
home and family life under Article 8 and to property under Protocol 1 Article 1.
However, it did not uphold a claim under the non-discrimination provision of Article
14 that the destruction was ethnically motivated. The Court held that the victims
should be compensated for their loss of homes and the cost of alternative
accommodation, and for the loss of income from the forced abandonment of their
land. Other cases followed, such as Mentes and Selcuk,39 reinforcing the Kurds’
claim that the activity was part of a systematic operation to control and subjugate
the population.
To date, over 500 applicants have been assisted in bringing complaints against
Turkey. With over 90 per cent of cases establishing a violation, they have shone a
light on some of the worst human rights abuses ever carried out by a member state
of the Council of Europe. As well as providing effective forms of redress for individual
victims (i.e. monetary compensation), the cases helped to keep the situation of the
Kurdish people in the public consciousness in Western Europe and undoubtedly
contributed towards the tough stance taken by the EU towards Turkey in relation to
admission negotiations. The result has been some improvement in the human rights
situation of the Kurdish minority. These cases also demonstrate how a traditional
civil and political rights mechanism can be used by minorities to secure
fundamental economic and social entitlements. Another benefit of the litigation work
has been to increase the capacities and skills of local lawyers and NGOs to bring
cases themselves, thereby empowering Kurds to claim their own rights.
Case study 2 – Holding the World Bank to account in Tibet
The impact of the World Bank on the rights of minorities and indigenous people has
been profound. While many of its projects have contributed towards combating
poverty and improving living standards in the developing world, there have been
numerous examples when it has had a negative impact on marginalized people’s
rights.40 In 1993, the World Bank established an Inspection Panel of independent
experts to investigate projects and make recommendations. The Panel is generally
seen as a positive initiative that provides some accountability for the World Bank
and monitors the level of effective participation in Bank-funded projects of affected
groups. The Inspection Panel however lacks the true independence of a court or
ombudsperson and remains very much subject to the Bank’s will. The Board of the
Bank chaired by the President appoints the Panel members. The Board must
approve any request for a Panel inspection and is not obliged to accept its
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