Can AI & Blockchain enable banking services for the masses in the Global South?

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Can AI & Blockchain enable banking services for the masses in the Global South?

By Henri Estramant

In spite of the progress made in the throughout the 20th century, many people worldwide remain unable to access banking services in their home countries, or local communities. While the trend may sound like something typical for developing countries, in the US alone 8.7 million, or 14.1% of US persons are underbanked, or unbanked according to Forbes.

The figures worldwide according to the World Bank are approximately one-third of adults , or 1.7 billion people lacking appropriate access to financial services, and basic banking. AI and Blockchain technologies could facilitate a less biased approached within the financial industry; as data shows that in many developed economies access to banks are a particular struggle for ethnic, or racial minorities, or those belonging to groups that have historically faced societal discrimination. Women that account for half of the world population, often face such challenges according to the OECD.

Advantages for the Global South

In Brazil for instance, the largest economy in South America, people of African origin remain a disadvantaged group, and one that lacks proper access to financial services. Solutions to the latter problem are being offered by São Paulo-based company Conta Black implementing a software that looks into a person’s credit score based on parameters that are relevant for those who are living in disposed communities (such as mobile phone usage data, social media data) for loans, or mortgages.

Zero-knowledge range proof solutions are likewise available through Blockchains, and are being tested by ING. As the race for regulating AI & Blockchains intensifies, countries and political entities ought to ensure facilitating the implementation of AI and Blockchain solutions for those communities and peoples that are the ‘have-nots’. End of May, the Deputy Governor of the Reserve Bank of India (RBI), Mahesh Kumar Jain, called upon the country’s banking system to adopt and AI and Blockchain technologies “to ensure sustainable growth and stability”.

In short, AI and Blockchains can be applied to anonymize names, ethnicity, gender, age, sexual orientations, etc., of those seeking access to mobile banking, loans, or mortgages; thereby blinding human prejudices. While we are not living in an ideal world, an early adoption should encourage organic growth for those technologies within the financial industry. Chatbots for instance could be trained into endemic languages of the Americas (not everyone’s native tongue is Spanish), African or Polynesian languages in order to educate them about financial services, and how best to use them. Remittances could be wired much faster and securely, and be taxed in accordance to local regulations.

Race for regulation is heating up

Any potential regulation for AI should entrench, and facilitate the application of the aforesaid technology for disadvantaged communities. As U.S. President Biden, and other developed states have recently supported membership into the G20 group for the African Union, African leaders ought to heed the call, and invite themselves as observers in already existing political structures that will shape the regulation of AI (for instance U.S.-EU Trade and Technology Council -TTC); particularly since the US and China are leading the technological development whereas the EU is leading the way in regulating, meaning that other countries and political entities, likely shall model their own legislation upon a successfully passed AI Act as being put forward by the European Union.

The G7 already has decided to pursue “trustworthy AI, in line with our shared democratic values”; developing nations are at risk of once more falling behind, if they do not ask support for AI technology implementation for their amelioration of their financial services.

EU’s AI Act as paradigm?

Algorithms and datasets should be produced responsibly in Latin America, Africa, Asia as well as the South Pacific, or otherwise they will lack the sensitivity and diversity necessary. Data and Large Language Models (LLMs) from wealthy nations cannot be applied to the Global South, albeit their learning scenarios are also relevant in developing economies.

For instance, in the European Economic Area (the EU plus Norway, Iceland and Liechtenstein) the usage of postal codes for supervised data learning is not permissible as per the “fairness” principle of the General Data Protection Regulation (GDPR – articles 39, 45, 71), as doing thus will place people hailing from those disadvantaged areas at risk of never been granted a loan as an example.

It will come as a surprise that AI is actually being adopted swiftly in many countries of the Global South, where social inequality is rampant. The more important for large Western companies to ensure they are represented in these regions, and ensure their technology is applied for legitimate purposes, and sustainable development.

About the writer:

Henri Estramant

Henri Estramant, LLM is a former consultant at the Panel for the Future of Science and Technology of the European Parliament. He is an expert in AI & Crypto regulation – certified in Conversational and Deploying AI.

The Hague Academy of International Law, “A century of devotion to the study  international legal principles and rules – from 1923 to 2023”

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The Hague Academy of International Law, “A century of devotion to the study  international legal principles and rules – from 1923 to 2023”

By Steven van Hoogstraten, Former Treasurer Hague Academy

During the last week of May  the Hague Academy of International Law (first courses in 1923) celebrated its  Centenary.   A festive program was held in the premises of the Academy in the new wing of the Peace Palace.

The  important  moment itself was marked with a solemn sitting on Wednesday,  with speeches by the President of the Curatorium, the French professor and judge Yves Daudet,  and the chair of the Conseil d’Administration Minister of State, Piet Hein Donner. The Mayor of The Hague, Jan van Zanen emphasized the continued welcome for the Hague Academy in  the City of Peace and Justice. The representative of the Ministry of Foreign Affairs, Dominique Kühling (Head of Protocol),  complimented the Academy, while staying close to the response to the  international situation with a war once again going on on European soil.

The scientific  colloquium on 25/26 May was the more substantive part of the commemoration of one century of high level  teaching and study of  international law. Many famous legal professors and experts had travelled to The  Hague to be part of this  impressive program, under the title “Challenges of  International Law at the time of the Centenary of the Hague Academy”.

The Hague Academy was in fact conceived – with the active support of Tobias Asser – during the second Peace Conference in the Hague in 1907, and was ready  to start in October 1914. Unfortunately the Great War (WW1) intervened, so the first courses could only be held  in the Peace Palace in 1923.  The Academy has been famous for its world wide appeal, due in large measure to the excellence of the professors and of the students. “The best professors for the best students” is an underlying thought of this classic Academy. Admission is open to students who are in their last year of formation.

Solemn sitting – The Hague Academy of International Law 100 Anniversary/

In these days, the Hague Academy attracts some 600 students from more than 100 nations to its summer courses, and 300 to the newly added winter courses. All the scientific contributions, particularly the lectures  by the professors and the result  of the reserach centers, are being published in the globally famous  “Recueil des Cours”. This series is distributed world wide by publisher BRILL Nijhoff, both in print and also online. It is a great source of international legal thinking covering the perspectives on international law from  all corners of the globe in both private international law and public international law. Not less than 430 volumes have as yet appeared. These scripts can be consulted in many of the law libraries around the world and are widely quoted, both in academic literature and in decisions of international courts and tribunals.

Highlights of the Centenary program were, just to name a few,  themes like “the humanization of international law”, “the law applicable to international (investment) arbitration” and  “should and can  extraterritoriality be contained ? “.  More down to earth were themes like “can international law help facing epidemics, or  “Should and can, global  finance be submitted to internartional law “?   Many lively debates could be heard , by the best in the field, including the judges of ICJ who often were professors of international law and are sometimes elected to the Curatorium like former ICJ president Peter Tomka, judge Mohamed Bennouna (Morocco) and judge Hillary Charlesworth (Australia).

The Hague Academy of International Law is well known in the world, probably more so than in the Netherlands.  The General Assembly of the UN annually calls upon States to support this grand old institution for the study, teaching and  and dissemination of international law.

Over the years many States – at one point over 40 – have followed up on this call and made available some funding, in order to keep  access to the courses as open as possible, notably for students from developing countries.

In this respect, the Hague Academy of International Law operates a succesful system of scholarships  which are meant  to reach those students who are best qualified to participate but lack the means to do so.

In the new Century ahead of it, the Academy will not only stick to its traditions like being bilingual in French and English,  but it will also try to innovate and engage with modern issues. One of these will no doubt be international criminal law, which happened to find itself  at the forefront of several current debates. Not in the least because of the ongoing war in Ukraine, an aggression that goes against the fundamental principles of international law.

Minister of Energy of Chile, Diego Pardow, visits the Netherlands

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Minister of Energy of Chile, Diego Pardow, visits the Netherlands

The Chilean Minister of Energy, Diego Pardow, was in the Netherlands on 26-27 March. He came to renew the Memorandum of Understanding with the Port of Rotterdam, and to sign a Strategic Work Agenda with the Dutch Minister of Economic Affairs and Climate Policy, to advance the bilateral work being carried out. On the occasion, he visited a hydrogen refuelling station and the Port of Rotterdam facilities, as well as meeting with the main companies in the green hydrogen supply chain.

How is Chile preparing for the green hydrogen industry?

Green hydrogen has a fundamental role to play in Chile’s path towards the goal of carbon neutrality by 2050, as established in the recently approved Framework Law on Climate Change. President Gabriel Boric himself has recently reaffirmed this.

The National Green Hydrogen Strategy has aimed to position the country’s vision and aspirations regarding the development of this industry and its derivatives, highlighting the great comparative advantages that Chile has to become one of the main producers of green hydrogen worldwide.

Complementing the National Strategy, we have initiated a Green Hydrogen Action Plan 2023-2030 to include a more comprehensive view, built in a participatory manner and thus promoting the development of a sustainable industry that enables more complex and diverse local economies.

What do you expect from this green hydrogen roadshow?

We want to invite European developers to invest in the green hydrogen industry in Chile. In our country we are working together with the industry to understand the needs for its proper development and from the government we want to become a facilitator to match them with the expectations of the people in the communities involved. Currently, we are generating regulation in key sectors for the industry such as safety, quality and certification. In addition, we are preparing the environmental assessment of projects as we are generating training in the State so that the assessors are properly trained and we are also creating assessment guidelines to guide these processes in a good way.

Our commitment is to do everything in our power to implement public policies that will allow Chile to become a world leader in the production of this clean fuel. Chile needs the world and the world needs Chile.

What are the strategic partners (countries) for this issue?

From Chile we are working with different countries in Europe, Asia and America to generate cooperation agreements and attract investment that will allow us to become one of the world’s leading countries in the production of Green Hydrogen. I am currently visiting Europe to advance in a series of agreements in this line and in the next weeks I will visit Japan and Korea with the same objective.

What stamp of your administration do you want to leave on green hydrogen?

I would like to lay the foundations for the development of this industry in Chile. For that to happen, we have to create a set of public policies that complement the needs of companies and communities. It is very difficult for an industry to be successful in the long term if it is not able to generate links with the communities where it is inserted, so our main hallmark must be that of facilitators to provoke this synergy.

Diplomat Magazine’s Publisher, Dr. Mayelinne De Lara and Chilean Minister, Diego Pardow during the interview.

Recommendation to Dutch Supreme Court: Return Crimean treasures to Ukraine

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Recommendation to Dutch Supreme Court: Return Crimean treasures to Ukraine

By Paul Russell

The dispute about the Crimean treasures is coming to a conclusion after nine years. As the advocate general has given his opinion, it is now up to the Supreme Court to give the final ruling in the Netherlands in this matter. Often the Supreme Court follows the opinion of the advocate general. What does this opinion entail?

Nine years ago, in March 2014, Russia occupied Crimea. At the same time, the exhibition “Crimea – Gold and Secrets of the Black Sea” was held at the Allard Pierson Museum in Amsterdam, which mostly featured archaeological objects that had been loaned from museums in Crimea, among others. These museums demanded the loans back. However, the State of Ukraine claimed that it was the owner of the artefacts and therefore they would have to be returned to it. This marked the beginning of a legal, political and publicity battle that has still not been settled.

However, now the end of the legal dispute in the Netherlands is in sight. After the Amsterdam Court of Appeals’ ruling, the case was submitted to the highest court in the Netherlands, the Supreme Court of the Netherlands. Recently, advocate general P. Vlas issued his opinion to the Supreme Court. He recommends upholding the judgment of the Amsterdam Court of Appeal to give the Crimean treasures to the State of Ukraine. What are the arguments backing that opinion? And how do they relate to the objections of the museums in Crimea?

State of affairs: to Ukraine

Currently, there is a ruling by the Amsterdam Court of Appeal that the Crimean treasures must be given to Ukraine. This is because this state has suspended the operational right,  the right to management, of the museums in Crimea by an “order”, a decision of the Ukrainian government. This stipulates that the Crimean treasures as part of Ukraine’s cultural heritage are to be managed by the National Museum of Ukraine in Kyiv and no longer by the Crimean museums.

Appeal in cassation

The museums in Crimea disagreed with this ruling and turned to the highest court in the Netherlands, the Supreme Court. It can set aside a Court of Appeal’s ruling if it believes that Dutch law has not been properly applied. This sets out two significant boundaries: the Supreme Court cannot rule whether or not the facts in a case have been properly established, and, more importantly in this case, cannot rule on the application of foreign law, in this case the law of Ukraine.

The question of whether the law was applied properly often involves whether the facts stated sufficiently support the court’s judgement. Here, too, the Supreme Court is basically reserved: only when the Court of Appeal’s judgment is incomprehensible can it be set aside.

The Crimean museums argued that the Court of Appeal had wrongly set aside a right in rem such as the operational right to management based on a temporary measure, a right in rem that is even protected by the European Convention on Human Rights. Also, under the rules governing private international law the order would not be a rule overriding the rights of museums. Moreover, the Court of Appeal would have wrongly given more weight to the interests of the state of Ukraine than those of the Crimean museums.

Ukraine took no chances and filed an incidental cassation petition, in case the Crimean museums’ application would be granted. In this petition, the State argued that the Amsterdam Court of Appeal had wrongly quashed the judgment of the Amsterdam District Court. The Court had ruled that under the Heritage Act, the artefacts had to be given to Ukraine. The Allard Pierson Museum’s failure to return them in a timely manner constituted illegal export. What is the advocate general’s opinion on this?

Opinion of the advocate general: to Ukraine

Advocate general Vlas goes through all parts of the grounds for cassation in his opinion and always comes to an almost monotonous conclusion, namely that the Court of Appeals’ judgment was not incomprehensible. Therefore, the Court of Appeal was able to rule that Ukraine’s order depriving the Crimean museums of the management of Crimean treasures outweighs any rights of those museums. Thus, the opinion is to uphold the Court of Appeals’ ruling and give the Crimean treasures to Ukraine.

Illegal import?

But then he makes a striking choice: Since there are no grounds for cassation, Ukraine’s petition is no longer relevant. However, Vlas still deals with this petition and concludes that the State of Ukraine is right. The Amsterdam Court of Appeals’ had wrongly ruled that the prohibition on illegal import of cultural goods from the Heritage Act did not apply in this case, contrary to the Amsterdam District Court’s earlier opinion. An object can also qualify as illegally imported within the meaning of the Heritage Act if it was legally imported but not returned. This is most consistent with the purpose of the Heritage Act and the underlying UNESCO Convention, namely the protection of a country’s cultural heritage.

No lawyer is no problem?

The Russian invasion in Ukraine also plays a role in this case. Not in the consideration about who is entitled to the Crimean treasures, but in the question of whether the Crimean museums have been able to adequately defend themselves in this case. In fact, as a result of the sanctions against Russia, the museums’ cassation lawyers have withdrawn, leaving the museums without legal representation. However, that is mandatory in cassation cases.

Vlas sees no problem in the absence of a lawyer for the museums, since the museums have been able to explain their position sufficiently. It is true that they have not been able to respond in the substance to Ukraine’s incidental cassation petition, but that petition is not at issue anyway because the condition for it – that the museum’s cassation petition be granted – is not at issue.

However, the museums do have the problem that, without a lawyer, they cannot respond to the advocate general’s opinion in substance through a so-called “Borgers letter”. However, there has already been an opportunity for a hearing, so that the proceedings can continue, according to the advocate general, even if the museums fail to get another lawyer.

What happens next?

The litigants now have the opportunity to respond to the advocate general’s conclusion and the Supreme Court will issue its ruling. The latter has announced in a press release that it expects to rule on the case on 15 September 2023. Then it will become definitely clear to whom the objects will be returned.

About the author

Paul Russell

Senior Partner. Paul Russell is a highly experienced, creative and tenacious litigator

paul.russell@russell.nl+31 20 301 55 55

Periodic application for Certificate of Conduct: a tool for employers

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Periodic application for Certificate of Conduct: a tool for employers

A Certificate of Conduct (VOG) is a snapshot and sometimes provides only false security. How can employers ensure to get more security about the reliability of their staff?

By Jan Dop and Erika van Zadelhof

When hiring new staff, you as an employer may request a new employee to provide you with a Certificate of Conduct (Verklaring omtrent het gedrag; VOG). It is advisable to mention this in the job posting. A Certificate of Conduct is a certificate proving that a job candidate’s judicial record is not an objection for the performance of the function in question.

The Certificate of Conduct is applied for by the employee at the Justis Service, the screening authority which is subject to the Ministry of Justice and Security. The employer guides the (prospective) employee in this process: for example, as an employer, you need to indicate how the Certificate of Conduct can be applied for (in writing or digitally) and which screening profile has to be chosen.

Assessment by screening authority Justis

Starting point for the Certificate of Conduct is the information recorded in the Judicial Documentation System (JDS, also referred to as ‘criminal record’). If the applicant has no criminal record, a Certificate of Conduct will always be issued. If the applicant does have a criminal record, Justis will use the screening profile to assess whether the criminal offences constitute an objection to performing a specific job. Someone who is guilty of a sex offence in the past has little chance of obtaining a Certificate of Conduct if they want to work in teaching, while chances are considerably higher for an administrative job at a financial institution.

Depending on the nature of the job, Justis will assess whether the application meets two criteria:

  1. The objective criterion: Would the offence committed, if repeated, be an obstacle to performing the job, given the risk to society?
  2. The subjective criterion: Here, the applicant’s interest (a new job) is weighed against the risk to society (possible danger if someone with a criminal record joins a particular job or company).

GDPR

The General Data Protection Regulation sets rules regarding privacy. If you ask (prospective) employees to provide a Certificate of Conduct, you are processing their personal data. It is therefore important to comply with the requirements of the GDPR:

  1. The employer must have a legitimate interest in the request for a Certificate of Conduct.
  2. The Certificate of Conduct must be a necessary part of the screening of employees and applicants for the job in question. That is, the employer does not have less intrusive means of obtaining this information.
  3. The employer must inform the applicant or employee in advance about the application for a Certificate of Conduct.

False security

In most cases, the employee’s provision of a Certificate of Conduct at the start of the employment will be sufficient. However, as an employer, you should keep in mind that a assessment for a Certificate of Conduct is a snapshot. It only assesses whether there are any objections to its issuance as a result of offences committed in the past. There is a risk that the employee may commit offences after the Certificate of Conduct has been issued that the employer is unaware of. Also, only offences that were actually committed are included, whereas a suspicion of a criminal offence is not included in the assessment. This is why the Certificate of Conduct can be seen as false security.

Continuous screening

As in certain industries it is very important for employers to be sure that employees remain of impeccable conduct once they have been hired, continuous screening is laid down by law. Currently, this applies, for example, to people working in the taxi industry or in childcare. The Justis Service continuously checks whether there are any changes to the criminal record and notifies the supervisor of the relevant industry if it is provisionally assessed that there is an impediment to performing the job. The supervisor will pass this information on to the employer. The employee concerned will then have to apply for a new Certificate of Conduct.

Periodic application

Even in other industries, it may be advisable for you as an employer to ensure that there are still no objections to the performance of a specific job by your employees. You may choose to require all your employees to provide you with a Certificate of Conduct periodically (e.g. every year). In certain industries, such as aviation, security or ICT, it is essential for employers to ensure that employees are continuously of impeccable conduct.

Naturally, a periodic application for all your employees involves costs. For the vast majority of professions, it is not laid down by law who is to bear these costs, but it could be argued that these costs should be borne by the employer based on good employment practices. Since 1 January 2020, these costs can be reimbursed untaxed, without affecting the free space under the work-related cost scheme.

Please note that as an employer, you cannot be sure that a periodic application for a Certificate of Conduct will cover all risks: in the interim period, an employee may still commit criminal offences that you can only become aware of (much) later. So the problem of false security still plays a role.

Termination of employment

Can you dismiss your employee if the (periodically) requested Certificate of Conduct is not provided? It is possible to agree upon a resolutive condition, which says that the employment contract will end if a Certificate of Conduct is not or no longer available. However, it is essential that this condition is formulated correctly and conclusively.

The Supreme Court has ruled that an employer may only include a resolutive condition if three conditions are met:

  1. The resolutive condition must not violate the closed system of dismissal law;
  2. The fulfilment of the resolutive condition does not depend on the subjective judgment of either employer or employee;
  3. Once the resolutive condition has been fulfilled, the employment contract can no longer actually be fulfilled (’empty shell’).

If the employee has deliberately concealed a criminal offence, and the employer is of the opinion that this hinders the proper performance of the job, the employer can also request the subdistrict court to dissolve the employment contract, for example on the basis of the h-ground.

About the authors:

Jan Dop

Russell Advocaten Partner. Jan Dop is a specialist in employment law and corporate law. jan.dop@russell.nl +31 20 301 55 55

Erika van Zadelhof

Erika van Zadelhof / Lawyer. Erika gives advice on employment law, employee benefits and dismissals erika.vanzadelhof@russell.nl+31 20 301 55 55

Leonardo Royal Hotel and Diplomat Magazine, ten years of great collaboration

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Leonardo Royal Hotel and Diplomat Magazine, ten years of great collaboration

This year we celebrate ten years of close cooperation between Diplomat Magazine and Leonardo Royal hotel, where many great diplomatic events were hosted, over the years.

On this special occasion, we asked Mr. Patrick Aarsman, General Manager, to tell us more about it.

‘When I started as General Manager of the Leonardo Royal Hotel The Hague Promenade in 2017, there was already a collaboration in place, hosting the annual Diplomats after Summer Drink. However, there was an immediate connection and the cooperation was quickly expanded. We now welcome dozens of diplomatic events and delegations every year’.

Mr. Aarsman has reminded us also about the history of the Promenade Hotel (the initial name), which goes back to 1818. Due to its favorable location, facilities and proximity to many embassies in The Hague, the hotel has always played a prominent role in the diplomatic community.

‘The world cannot do without diplomacy, many conflicts have been prevented worldwide and much collaboration has been started and strengthened. It’s all about respect and being able to listen to each other and this is what we can generally learn from the diplomatic community. However, the conversation must take place and that is why we are so proud of our Food Festivals (4 to 6 Food Festivals per year), in collaboration with embassies and the Diplomat Magazine. This offers the opportunity for diplomacy and getting to know each other better in combination with authentic food and drinks’.

The hotel hosts dozens of diplomatic events and is generally preferred for overnight stays for many diplomats visiting from abroad. 

In addition to the Food Festivals, the hotel hosts National Day receptions, press conferences, business lunches or other get-together events for the diplomatic world in The Hague.  Leonardo Royal hotel is also the main location for all the Diplomat Magazine events.

‘Indeed, we found in Leonardo hotel a trustworthy partner. The hotel management has always had the vision, the flexibility and also the willingness to listen to our ideas and respond affirmatively to our requests’ added Dr. Mayelinne De Lara, Publisher of Diplomat Magazine.

‘We proudly continue to organize and host diplomatic events. In addition, we have been open for over a year with our restaurant concept LEO’S International Flavors, which is fully inspired by the authentic dishes we make in collaboration with the embassies. In addition, last year we renovated our entire lobby and kitchen. We continue to develop and we are now building a live cooking unit, for live cooking during breakfast, demonstrations or for the future food festivals’. (Patrick Aarsman)

Mr. Aarsman also told us that quality and above all, flexibility were some of the main keys of this fruitful collaboration between the hotel and the diplomatic community. ‘There are often many last-minute changes and we can respond very well to this. Our knowledge of the diplomatic community is an advantage that has led to many successful events.  We also offer a wide range of facilities in a quiet location, with good accessibility and great security options’.

Over the years, Leonardo Royal Hotel became the main hub for diplomatic life in the city. Its high standards for quality have been the initial reason but the openness to the multicultural world and the attention to details has certainly made the difference.

As a Dutch saying goes ‘Reputation comes on foot and goes on horseback’,   Leonardo Royal Hotel has earned its good name and intends to keep it.

‘We belong to each other, in the sense that the hotel opened its doors to us from day one.  We enjoy new ideas and we love surpass ourselves when repeating our flag formulas. The diplomatic corps is our first counterpart, we listen to their projects and adapt their insights taking into account their needs and objectives. My goal is to keep innovating, elaborating new events, building new diplomatic bridges, increase public diplomacy opportunities for embassies.  Together we achieved beautiful things and I hope that this collaboration will be maintained for many years to come!’ (Dr. Mayelinne De Lara)

Human rights challenges in interethnic conflicts

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Human rights challenges in interethnic conflicts

By Marco Pizzorno

Interethnic conflicts have been a persistent challenge throughout human history, and they continue to pose significant human rights challenges in the modern world. These conflicts occur when groups of people from different ethnic backgrounds clash due to differences in culture, religion, or language. Unfortunately, such conflicts often result in human rights violations on a massive scale, including forced displacement, torture, rape, and even genocide.

One of the primary human rights challenges in interethnic conflicts is the violation of the right to life. When groups of people are pitted against each other due to their ethnic differences, the risk of violence and death increases significantly. In many cases, individuals are targeted because of their ethnicity, and violence is used as a tool to intimidate and control entire communities. The right to life is a fundamental human right, and any attempt to violate it is a gross violation of international law.

Another significant human rights challenge in interethnic conflicts is the displacement of people. When violence erupts between different ethnic groups, people are often forced to flee their homes and communities to escape the violence. Displaced persons face a range of challenges, including lack of access to food, shelter, and healthcare. They are also vulnerable to exploitation and abuse by armed groups and other actors, including sexual violence.

Is mportant to note that interethnic conflicts are often complex, long-standing, and deeply rooted in historical, social, and political factors. Therefore, addressing the human rights challenges posed by interethnic conflicts requires a comprehensive approach that takes into account the underlying causes of such conflicts.

One key factor that must be addressed is discrimination. Discrimination based on ethnicity is a fundamental violation of human rights and can perpetuate interethnic tensions and conflicts. Governments must work to ensure that all individuals are treated equally and with respect, regardless of their ethnicity. This can include enacting and enforcing anti-discrimination laws, promoting diversity and inclusion in all aspects of society, and providing equal access to economic and political opportunities.

The impact of “erga-omnes” violations in inter-ethnic conflicts

Erga omnes violations are violations of fundamental human rights that are considered to be of such gravity that they affect the whole of humanity. They are violations that are not only harmful to the immediate victims but also to the wider society as a whole. In the context of inter-ethnic conflicts, erga omnes violations can take various forms, including genocide, crimes against humanity, and war crimes.

Genocide is a term used to describe the deliberate and systematic destruction of a particular ethnic group. It involves acts such as killing members of the group, causing serious bodily or mental harm to members of the group, and deliberately inflicting conditions of life on the group that are intended to bring about its physical destruction in whole or in part.

Crimes against humanity involve acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. These acts can include murder, enslavement, torture, rape, and other forms of sexual violence, forced displacement, and enforced disappearance.

War crimes are violations of the laws and customs of war and are committed during armed conflict. These crimes can include intentionally targeting civilians, using prohibited weapons, and subjecting prisoners of war to inhumane treatment.

Erga omnes violations in inter-ethnic conflicts have a devastating impact on the victims and their communities. They can lead to long-lasting trauma, displacement, and a breakdown in social cohesion. They also have wider implications for the international community, as they threaten regional and global stability and security.

To prevent erga omnes violations in inter-ethnic conflicts, it is essential to address the root causes of the conflicts and to promote dialogue, reconciliation, and respect for human rights. Governments and other actors must take proactive measures to prevent conflicts from escalating and to hold those responsible for violations accountable. The international community also has a responsibility to support efforts to prevent and respond to inter-ethnic conflicts and to provide assistance to victims and their communities.

In conclusion, interethnic conflicts pose significant human rights challenges that require a concerted effort from governments, civil society organizations, and the international community to address. By promoting dialogue and understanding, holding those responsible for human rights violations accountable, providing support to victims, and working together to promote human rights, we can work towards a world where interethnic conflicts are resolved peacefully, and human rights are respected for all.

The Ocean Cleanup Returns To Guatemala – Second Attempt 

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The Ocean Cleanup Returns To Guatemala – Second Attempt 

“At The Ocean Cleanup, our mission is to rid the oceans of plastic”. Ocean plastic pollution is a global emergency requiring immediate action, which starts by rapidly cutting the massive yearly inflows of plastic into the oceans from rivers.

“We deploy our Interceptors in some of the highest polluting rivers on Earth, providing practical and innovative ways to stop plastic reaching the seas and keep our oceans clean in areas where we can have maximum impact.” said The Ocean Cleanup’s representative.

2022 saw The Ocean Cleanup’s first attempt to stop the trash tsunamis flowing from Guatemala’s Rio Las Vacas into the Rio Motagua and from there into the Caribbean Sea. For this, they trialed the Interceptor Trashfence: an 8 meter high fence that was designed to let water pass but block the trash.

Despite initially holding back the tons of waste rushing downstream, the trial was unsuccessful and most of the trash was lost. “Now deploying a new type of Interceptor in an attempt to finish the job we started one year ago”.

This river presents challenges like no other. If successful, we believe this project will have a major impact on ocean plastic pollution in the Gulf of Honduras, and contribute to cleaner and healthier waters for Guatemala and the wider international region.

The Rio Motagua

The Rio Motagua is Guatemala’s largest river, and suffers a variety of circumstances and challenges that have resulted in a significant source of plastic pollution into the ocean from within and around Guatemala City.

The Rio Las Vacas, a tributary of the Rio Motagua, is located close to Guatemala City – a sprawling and growing community of one million people. Like many populous cities in the region, Guatemala City faces challenges in the development of waste management and sanitation systems, particularly in response to extreme weather events. Every year, seasonal rains cause flash floods which bring massive amounts of trash through the Rio Las Vacas, into the Rio Motagua, and on to the open sea.

 Plastic pollution on the river bed of Rio Las Vacas

The typical challenges of waste management are exacerbated by illegal dumping – plastic and other waste disposed of directly into the river both in Guatemala City itself and in other regions. Local authorities are committed to addressing these issues through a range of initiatives, but these solutions require time to implement successfully – while each year the tsunamis of trash continue to spew into the ocean.

The First Encounter

In 2022, The Ocean Cleanup trialed the experimental Interceptor Trashfence in the Rio Las Vacas.

“Our initial trial with the Interceptor Trashfence was unsuccessful because the composition of trash in the river meant that once the river met the fence, the water flow was impeded to a greater degree than anticipated. As the water wasn’t flowing through the fence as freely as anticipated, this caused the water to be pushed downwards towards the foundations of the fence, causing rapid erosion of the riverbed around these foundations. The erosion damage caused the fence to give way under the massive forces of the flooding water and tons of trash.”

Interceptor Trashfence, Guatemala, Rio Las Vacas. First attempt of The Ocean Cleanup’s Trashfence in 2022
(2022) Interceptor Trashfence, in Las Vacas river, Guatemala. Damaged after the flash flood.

The new Interceptor Barricade is a system of extremely heavy duty floating booms placed throughout the river to efficiently capture plastic, while allowing the water to pass freely below the surface.

The Rio Las Vacas river in Guatemala

The Rio Las Vacas river in Guatemala

The Interceptor Barricade is placed in a hydropower reservoir lake, in the Rio Las Vacas close to the city of Chinautla, around 16 km north of Guatemala City.

Because the flow speed here is expected to be lower than at the original location (500 meters further upstream), pressures on the system will be lessened. To design and construct the Interceptor Barricade, The Ocean Cleanup collaborated with Worthington Products, a US-based company specializing in river debris control solutions.

Rendering of the Interceptor Barricade (2023)

Global Challenges, Local Partners

Through their support of The Ocean Cleanup and Interceptor 006, the Municipality of Guatemala City have shown their commitment to taking meaningful action on plastic pollution in the Rio Motagua, as part of their wider initiative to protect the environment in and around Guatemala City. The Ocean Cleanup will also be exploring ways to work together to prevent further plastic from entering the river in the first place.

“Our collaborators in Guatemala are also vital for managing the trash we intercept. After the trash has been removed from the Interceptor Barricade (using excavators operated from the shore) it will be weighed on-site to determine the total catch quantities; as with all our deployments these quantities will be verified in collaboration with DNV.”

The plastic catch then passes to local partners and waste management authorities. “In collaboration with Guatemalan NGO BiosferaGT (with the support of The Coca-Cola Company) we have set up a waste sorting center staffed by members of the local community to trial recycling operations for some of our extracted waste. Should this trial prove successful we will look to scale up this scheme.”

Waste sorting center staffed by members of the local community Waste Manager Enock Namwoyo (left) from The Ocean Cleanup and Mario Zea director from BiosferaGT at their sorting center Waste sorting center by BiosferaGT

“Ridding the oceans of plastic is an ambitious goal, and The Ocean Cleanup can’t do it alone. We hope to continue working on plastic pollution in Guatemala by expanding our operations across the country, working with both municipal and national government to address any remaining leakage to the ocean.”

Finish What We Started

“We came to Guatemala to help prevent an environmental emergency that causes devastation to the marine environment and has serious impacts in the local area and beyond. That ambition has not changed.”

The most efficient way to clean our oceans is to prevent plastic entering the oceans in the first place, and the most impactful way to do this is to provide interception solutions in areas with the highest levels of plastic leakage into the ocean.

When life throws rocks at you, build a castle … an Indonesian diplomatic story

Diplomat Magazine
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When life throws rocks at you, build a castle … an Indonesian diplomatic story

By Alexandra Paucescu

Lona Hutapea Tanasale is a warm, smart and accomplished Indonesian woman, who mastered the art of reinvention and understood from the very beginning the need of continuous education, while traveling the world with her diplomat husband.

I must confess that this was one of the easiest interviews that I have conducted so far, in the three years that I have been presenting diplomatic life stories to you. I had barely anything to edit or rephrase. Her words were so clear and perfectly put together.

So, please enjoy Lona’s story, in her own words.

‘I was born in Ambon, the capital of Moluccas, the “one-thousand-island province”. Small as it is, Moluccas had its own place in world history, being “the spice islands” that attracted Europeans, for its clove and nutmeg, back in the 16th century. Things were very different back then during my childhood. Our small town had only one bookstore; we practically didn’t have access to information. I owe my dream of seeing the world to my father, who brought all kinds of books home, every time he travelled. Those books were literally my window to the world.

I left to pursue the undergraduate and master degrees in Agricultural Economics in Bogor, a neighboring city of Jakarta. Right after I graduated I started working at several companies – mostly in retailing, sales and marketing – where I met my husband, Charles Hutapea, before he joined Indonesia’s foreign diplomatic service.

Charles’ first diplomatic assignment was in Osaka. Our apartment in Shukugawa was just across the Sakura Garden where people came for hanami, enjoying sakura’s full bloom in spring time. Life was relatively easy. The Japanese people were friendly and helpful; we had many local friends who loved Indonesian culture and eagerly participated in our cultural events.

Lona Hutapea Tanasale, Book discussion at IFI Jakarta, January 2016

While there attended Japanese language classes, got the Nihongo Nouryoku Shiken certificates and participated in Japanese-English Bilingual Speech Contest. I also did a series of presentation on Indonesia at local schools and associations.

Our second posting in Paris was a completely different story. Living among Parisians with their unique character, it was the first time I’d ever experienced culture shock. I was already anxious the moment my husband announced this assignment, scared of having to learn the language I’ve always thought to be the most difficult on earth, and a little intimidated by the stereotypes. On the other hand, this “cité de la lumière” had so much to offer. With so many new things to learn, I felt the need for a cathartic release. That was when writing came to the rescue. I started to write about the real daily life, the experiences of living as a resident, compared to merely a tourist’s perspective.

One thing leads to another. From submitting articles to social blogs, I ended up writing my first memoire, “Paris – C’est Ma Vie”, launched only a few months before going back home.

My second memoire, “Voilà La France”, was published in April 2015. I was so honored with the opportunity to have a book discussion held at Institut Français d’Indonésie in Jakarta.

At the same time, publishing my two books made me realize how colorful the lives of diplomatic families really are. There are many life stories to be discovered. I tried to invite fellow spouses to write together. Seven of us were finally able to publish “Behind the Gates”, an anthology of diplomatic spouses’ tales. The anthology, endorsed by our Foreign Affairs’ Minister, was launched in June 2016.

During our home posting, I joined the Board of the Foreign Ministry’s Spouses Association in Indonesia (DWP). I was one of the editors, overseeing the quarterly-published magazine, editing the articles we received and supervising the process up to the publication.

Lona Hutapea Tanasale’s three books.

Our third posting in Rome was another particular chapter. I was more involved with the diplomatic spouses’ associations this time (“Insieme a Roma”, part of ACDMAE, and UNWG at FAO). I joined the Board of the UNWG as Newsletter Editor for almost two years. I also became the Chairman of DWP at the Indonesian Embassy, during our final year in Rome.

Another important highlight for me was the opportunity to attend two summer courses at Sapienza University (“Women, Peace and Security” (UNSCR 1325) and “Religions & Peaceful Coexistence”). I intended to apply for a PhD at first, but with so much going on, it just wasn’t possible yet.

I would say that each posting was special to me in its own way. It’s like you can never pick a favorite among your own children. Overall, Osaka served as a nice ‘take-off’ for our family’s diplomatic journey. Paris got me writing, which opened the door to a lot more possibilities. And Rome rekindled in me a long dormant dream of going back to school.

We left Rome just as the pandemic started to take its toll. This time our two children stayed behind in Paris and Rome, to continue their studies, leaving us with an empty nest. So I finally had the time to continue my education. In February 2021 I managed to sign up for a doctoral program in International Relations at Universitas Padjadjaran, Bandung. Apparently both the pandemic and the long struggle as a trailing spouse had their blessings in disguise. I decided to write a dissertation about the role of diplomatic spouses in Indonesia’s diplomacy, a little discussed topic.      

I also got the chance to rejoin DWP’s Board, as one of the editors of the magazine. Furthermore, the previous anthology writers regrouped and launched another initiative. One of us was a presenter at a video-radio platform, so during the pandemic we started a talk show program via Zoom and YouTube channel, covering various topics related to diplo spouses’ contribution to diplomacy.

After browsing hundreds of articles for my research, I can confirm two facts: firstly, the role of diplomatic spouse is a completely under acknowledged one.  However, the limited available resources related to it recognize their significant role, directly influencing diplomats’ performance, and potentially having indirect impact on the mission.

Diplomatic spouses are usually seen in terms of their informal, domestic role within the private sphere, as the backbone of the family, especially during the adjustment process in a new place. On the other hand, the role in public sphere as diplomatic actors is still rarely mentioned, due to the ambiguity of the status. In reality, the spouses’ contribution should not be taken for granted.

On a practical level, there may be differences on diplomatic practices between countries. For example, in Indonesia, spouses are encouraged to fully participate based on the principle of “total diplomacy”. Through the years diplomatic spouses have played a significant role as front liners in supporting Indonesia’s soft power diplomacy.

One of the concepts in International Relations that caught my attention was Constructivism, which basically sees the world as socially constructed: “reality is always under construction”. According to the constructivists, structures do constrain agents; however agents can also transform structures by acting on them in new ways.

Based on the quote by Alexander Wendt, the pioneer of Constructivism: “Anarchy is what the states make of it”, I’d like to say: “Empowerment is what the spouses make of it”. The ambiguity of the diplomatic spouse status, the obstacles from continuous moving life cycles, or the stagnant career, are structural problems faced by spouses, nonetheless how one responds to it depends mostly (if not entirely) on one’s own agency.

I believe the majority of diplo spouses are capable agents despite all the odds of diplomatic life’s structure. There are many brilliant examples we can refer to, the spouses that have passed with flying colors, victoriously turning the challenges into opportunities. They have been successfully absorbing various new skill and knowledge attained during foreign assignments and transferring them into favorable outcomes.

Definitely the “what doesn’t kill you makes you stronger” or “when life throws rocks at you, build a castle” kind of resilience helps to thrive anywhere in life.’

What more to add?… than just to thank Lona for this wonderful life story which still has many more interesting pages to write.


About the author:

Alexandra Paucescu

Alexandra Paucescu- Author of “Just a Diplomatic Spouse” Romanian, management graduate with a Master in business, cultural diplomacy and international relations studies.

She speaks Romanian, English, French, German and Italian,  gives lectures on intercultural communication and is an active NGO volunteer.

The National Day of the Italian Republic

Diplomat Magazine
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The National Day of the Italian Republic

Text and pictures by John Dunkelgrün

June 2nd is the National Day of the Italian Republic. H.E. Mr. Giorgio Novello decided to mark this day in a very special manner. The reception was held in the Louwman Museum, amidst one of the finest collections of antique and special automobiles anywhere.

Following drinks surrounded by stands with Italian specialties, the guests were led into the auditorium, where the Ambassador, flanked by his wife Bianca, gave the opening speech. In – as far as your correspondent knows – a first for such receptions, he invited the entire staff of the Embassy and the Consular Offices, some 30 people, to come forward and make a line in front of the podium. The line stretched the entire width of the podium! He then proceeded to introduce every one of them to the public with a sentence or two for each person. He ended with a smiling warning that they’d better be at their best as an official review team from the ministry was about to arrive.

The entire staff of the Italian Embassy and the Consular Offices lining up with Ambassador Novello.

The reception was sponsored by several companies and the ambassador not only thanked them, as is usual, but invited their representatives to give a brief introduction of their companies. The last speaker was the Dutch parliamentarian Mr. Ulysse Ellian who is a close friend of the ambassador and his wife. He told about the efforts Mr. Novello had made to coordinate the fight against organized crime between Italy and The Netherlands.

The formal part was followed by a wonderful concert, by opera singer Carla Regina and her group, a musical trip from the founding of the Italian Republic to the present.

Bianca, ambassador Giorgio Novello and the parliamentarian Mr. Ulysse Ellian.

In the main hall of the museum, there were wine and prosecco bars as well as half a dozen stands with Italian specialties.

One especially caught my attention. Most of the Southern Europe countryside suffers from desertion by the youth. Big cities offer better-paid jobs. North of Rome many olive orchards were deserted, the owners too old or passed away and their children unwilling to take over. Thousands of olive trees were unkept, and their bounty perished.

Mr. Pierluigi Presciuttini of Frantoio Presciutini.

Mr. Pierluigi Presciuttini of Frantoio Presciutini has bought or leased many of these deserted olive orchards to save the old trees and to make his olive oil in a very special way. It is called ‘olio di notte’, and of course, it is pure  ‘EVO’ (extra virgin olive oil). It is called di notte, because it is harvested at night, allowing the pressing process to start early in the morning.

This minimizes the time between harvesting and processing, resulting in a sweeter, less acidic oil.

In this way, the National Day of the Italian Republic was not only a feast for all senses but also a little learning experience.

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