Russell Advocaten, a corporate full-service law firm in Amsterdam, and Diplomat Magazine organized their annual seminar-workshop for embassies and consulates. The law firm has decades of experience in dealing with legal queries of embassies. This time around the seminar was held in The Hague on 7 November 2022.
The diplomatic community turned out in their numbers. Some Ambassadors had chosen to attend the seminar themself.
Dutch Law for Diplomats by Russell Advocaten and Diplomat Magazine.
Topics discussed by the Embassy Desk specialists, Jan Dop, Head of the Embassy Desk, Priscilla de Leede, specialist in Employment Law and Reinier W.L. Russell, Managing Partner at Russell Advocaten were:
Employee illness
Labour law and dismissal in the Netherlands
Personnel handbook/code of conduct
Employee participation/Works council
These topics are of significant importance to diplomatic mission. Utilizing practical illustrations and cases presented by the audience, the specialist lawyers of Russell Advocaten passed on valuable information.
The Ambassador of Iraq, H.E. Mr. Nazar Issa Abdulhadi Al-Khirullah, the Ambassador of Tunisia, H.E. Mr. Slim Ghariani, the Ambassador of Algeria, H.E. Ms. Salima Abdelhak and the Ambassador of Yemen, H.E. Ms. Sahar Ghanem.
Conclusion: Dutch labour law is applicable to Embassies in the Netherlands.
A. Employee illness
• Comply with obligations regarding sick employees → a.o. involving the Arbo/company doctor
• Financial sanctions in case of non-compliance
• In principle, no dismissal of a sick employee during the first 2 years of illness
Reinier W.L. Russell, Managing Partner Russell Advocaten, Josué Roberto Liévano Paz, Counsellor Embassy of El Salvador and H.E Mr Arnoldo Brenes Castro, Ambassador of Costa Rica.
B. Dismissal law
• Reasonable ground required for a dismissal. Please note: transition compensation + fair compensation
• In general, sending States cannot invoke immunity in civil proceedings before the Dutch court → only immunity
regarding the enforcement of judgements of the Dutch court (seizure)
Dutch Law for Diplomats by Russell Advocaten and Diplomat Magazine.
C. Personnel handbook / Code of conduct
• Collective rules with which employees must comply, for example regarding work clothes, rules on reporting sick etc.
• Proof for employers in dismissal proceedings
D. Employee participation / Works council
• Mandatory for large Embassies (and companies)
• Specific statutory rights.
Dutch Law for Diplomats by Russell Advocaten and Diplomat Magazine.
Those registered for the seminar will receive a link to the presentation. This seminar about the Dutch employment law, specifically the rules regarding dismissal and illness of local staff, was by all means a great success. Participants listened attentively, hardly anyone left during the break.
A seminar on the illegal occupation of Jammu and Kashmir
By Roy Lie Atjam
The Embassy of Pakistan in the Netherlands arranged a seminar to mark Kashmir Black Day – 27 October 2022.
The speakers included Mr. Ali Raza Syed, Chairman Kashmir Council – EU, Prof. Muhammad Aslam Syed from Bonn University, and a student representative in the Netherlands, Ms. Rameen also shared her views.
Professor Aslam Syed
Mr. Ali Raza Syed spoke about the current situation in IIOJK and blatant disregard of fundamental human rights of Kashmiris taking place in the Indian Illegally Occupied Jammu & Kashmir (IIOJK). He lamented the fact that the world has turned a blind eye to the situation.
Professor Aslam Syed, in his remarks, stated that the Kashmiri people had been facing Indian suppression for the last seven decades. He urged the audience to keep in view the universality of human rights and that these inalienable rights including right to self-determination are being denied to the Kashmiris in IIOJK.
Student representative, Ms. Rameen, stated that peace in South Asia is only possible with the peaceful resolution of the Jammu & Kashmir dispute. While talking about the atrocities against women and children in IIOJK, she emphasized that the full scale of these violations remain hidden because of media blackout since August 2019.
H.E. Ambassador Suljuk Mustansar Tarar reiterated that Pakistan has an abiding commitment to the Kashmiri cause and realization of their right to self-determination. Pakistan advocates the just resolution of the Jammu & Kashmir dispute in accordance with UNSC Resolution. He stated that Pakistan would continue to support the Kahmiris in their just struggle.
Special messages by the President, Prime Minister and Foreign Minister on Kashmir Black Day were also shared with the audience.
The seminar was attended among others by Kashmiri diaspora, NGO representatives, academics and Dutch participants.
At the end of the seminar the participants and guests were shown a micro-documentary on the plight of the Kashmiris in IIOJK.
At the request of the Spanish, German and Finnish authorities, Eurojust and Europol have supported an action against a massive investment fraud involving the use of cryptocurrencies. The victims of this major online fraud are estimated to be in the hundreds of thousands. During operations on 8 and 9 November in Albania, Bulgaria, Georgia, North Macedonia and Ukraine, 15 call centres were searched and 5 suspects arrested
The suspects allegedly belong to an organised crime group (OCG) believed to be involved in an investment fraud using cryptocurrencies. The criminal network used dozens of call centres in several countries and hundreds of online platforms to commit the fraud.
The suspects presented themselves as brokers who would help the investors earn large amounts of money through small investments. In reality, the OCG deceived the victims by gaining their trust online as well as through professionally set-up call centres or other modes of so-called social engineering. This encouraged victims to invest via web platforms controlled by the criminal organisation, which resulted in them losing large sums of money.
The scale of the investigations in such cases is so far unprecedented. As revealed by the investigations, hundreds of thousands of investors all over the world have fallen victim to the fraud, dating back at least to 2016. The damage caused is estimated at EUR 50 million per quarter. Investigations into the cyber scam began in 2018, with seven countries having opened judicial cases against the OCG to date.
Eurojust facilitated judicial cooperation in this case by setting up and funding a joint investigation team (JIT), set up at the request of the Swedish authorities and also involving Albania, Finland, Georgia, Germany, Latvia, Spain and Ukraine. A total of 13 coordination meetings were organised to coordinate the national investigations and prepare for the action day. The Agency also facilitated the execution of International Arrest Warrants, European Investigation Orders and Letters of Request to third countries.
Europol provided analytical support to the investigations and organised seven operational meetings.
To support the action day on 8 and 9 November 2022, Eurojust set up a coordination centre to enable rapid cooperation between the involved judicial authorities.
As a result, 15 call centres were searched (6 in Albania, 5 in Georgia, 3 in Ukraine and 1 in North Macedonia), as well as 27 other locations and 5 vehicles. 5 suspects have been arrested, 4 in Albania and 1 in Georgia. Approximately 50 hearings (suspects and witnesses) have been conducted. Seizures include over 500 electronic devices (computers, laptops, USBs, hard disks), more than EUR 340 000 in cash, several mobile phones, several bank accounts, cryptocurrency wallets, properties, ID documents and bank cards, and hundreds of other documents.
Potential investors are advised to be extra vigilant when investing online and to check whether websites belong to legitimately operating enterprises.
The following authorities took part in this investigation (also indicated is the number of officials who participated in the action days):
Albania: Special Prosecution Office against Corruption and Organized Crime (SPAK) and Albanian State Police; Around 220 prosecutors, investigators, police officers and employees of different agencies participated in the actions in Albania.
Bulgaria: Sofia City Prosecutor’s Office and the investigation’s department attached to it; General Directorate Combating Organized Crime at the Ministry of Interior; local police departments at the Sofia Directorate of Police at Ministry of Interior; 12 Bulgarian judicial and law enforcement officials participated in the actions in Bulgaria.
Finland: National Bureau of Investigation; Prosecution District of Southern Finland
Georgia: Office of the Prosecutor General of Georgia; Investigation Service of the Ministry of Finance of Georgia; Ministry of Internal Affairs of Georgia; State Security service; 250 Georgian law enforcement officers participated in the actions in Georgia.
Germany: Office of the Public Prosecutor General in Bamberg – Bavarian Central Office for the Prosecution of Cybercrime; Criminal Police Department with Central Tasks Upper Frankonia; Federal Criminal Police Office Prosecutor General’s Office Dresden, Public Prosecutor’s Office Leipzig, State Office of Criminal Investigations Saxony, Police Department Chemnitz, Police Department Leipzig
Around 60 German officials took part in the actions in Georgia.
Latvia: Rīga Judicial Region Prosecution Office; Cybercrime Enforcement Department of the Central Criminal Police Department of the State Police of Latvia; Asset Recovery Office of Latvia
North-Macedonia: Basic Public Prosecution Office for Prosecuting Organized Crime and Corruption; Ministry of Interior (police); a prosecutor and 28 police officers from North Macedonia took part in the actions in North Macedonia.
Spain: Investigative Court no. 2 La Seu dÚrgell; Public Prosecution Office Lleida; Criminal Investigation Division of Mossos d’Esquadra; Guardia Civil; 33 Spanish officials took part during the actions in Albania.
Sweden: Swedish Prosecution Authority, National Unit against Organised Crime Swedish Police, Fraud Unit Stockholm
Ukraine: Prosecutor General’s Office; Main Investigative Department and Cyber Department of National Police of Ukraine; 85 Ukrainian officials (65 prosecutors and law enforcement officials and 20 police SWAT) participated in the actions in Ukraine.
This year, Rwanda will be represented by five professionals from the floriculture sector at the 12th edition of the Netherlands’ International Floriculture Trade Fair (IFTF), which began today, November 9th, until November 11th, 2022, at the Expo Greater Amsterdam in Vijfhuizen, The Netherlands.
This year’s IFTF marks the sixth time Rwanda has attended and remains an excellent opportunity to showcase Rwanda’s growing floriculture sector and increase the visibility of the “Rwandafresh – Quality Horticulture Products” brand. The trade fair also provides an opportunity to increase the number of international buyers, as this forum is the world’s largest and most important trade exhibition for international flower growers and buyers from all over the world.
Rwanda flowers at IFTF 2022
Rwanda’s participation in the IFTF was made possible by the close collaboration between the Embassy of the Republic of Rwanda in the Kingdom of the Netherlands and the National Agricultural Export Development Board (NAEB). The participants from Rwanda include representatives from Bella flowers, Oxfam and Duhamic-ADRI as well as two local farmers, Ms. Margueritte Mukamazimpaka and Mr. Augustin Gasana, who travelled to the Netherlands to showcase their work and learn the best practices from other professionals from around the world.
Special mention goes to the fruitful partnership with Oxfam and DUHAMIC ADRI, the implementers of a 4-year horticulture project (2020-2024) funded by the European Union and the Irish Aid, who made the participation of local farmers in this year’s trade fair possible.
H.E. Olivier Jean Patrick Nduhungirehe, Ambassador of the Republic of Rwanda to the Kingdom of the Netherlands said that:“Rwanda ‘s participation in this trade fair is a great opportunity to be at the center of where the demand meets the supply in the field of cut flowers. Our participation in the IFTF will play a crucial role in the growth of Rwanda’s floriculture industry as it offers an opportunity to buyers and investors to learn about opportunities in our growing sector and experience the quality of our beautiful flowers”.
Mr. Patrick Manzi Mbayiha, Chief Marketing Officer of Bella Flowers, on behalf of Rwandan flower exporters, said that “Although we sell more than 90% of our flowers to the Dutch market, we know that their final destinations are in countries that are currently embroiled in political and economic strife. But we came here to shape our business strategies while learning from our peers in other flower-producing countries, and we are hoping for the best in the flower trade going forward.”
According to Mrs. Mukamazimpaka and Mr. Gasana, the two local farmers from the Rulindo district who attended this year, the attendance to the IFTF was a welcome opportunity to explore and learn about techniques about production and packaging. They mentioned that they will go back home with an improved view how to best to do their work and share the knowledge they were able to acquire during the international exhibition.
At the IFTF, the ‘Rwandafresh’ stand (no. 6.11) is located in hall D, which will serve as a point of contact for new buyers of Rwandan roses and summer flowers.
In the last five years, revenues from export of Rwandan flowers increased from 1,243,427 USD to 6,854,822 USD.
Eurojust has enabled the formal hearing of the Qatar-based owner of the professional football club Málaga CF and three of his sons, as part of a Spanish judicial investigation. The Agency proved to be the essential link to set up contacts between the authorities in Spain and Qatar, exchange rogatory letters and organise a video conference for the hearing. This paves the way for the Spanish judicial authorities to decide on possible further steps against the owner and his sons.
Investigations into the proprietor of the second division club Málaga CF started two years ago in Investigative Court nº 14 in Málaga, based on suspicions of malfeasance, misappropriation and money laundering. Direct approaches by the Spanish investigative judge on the case towards the authorities in Qatar yielded no results and a hearing of the club owner was impossible.
Thanks to coordination with the Spanish National Desk at Eurojust and the issuance of an international detention order by the investigative judge, a formal video hearing in Qatar recently took place. The detention order has meanwhile been lifted, after the former owner and three of his sons provided a statement and their willingness to cooperate. The club currently remains under judicial administration.
Eurojust facilitated the Spanish authorities’ request and organised a coordination meeting with the authorities in Qatar to prepare for the hearing. The Agency also supported the execution of the rogatory letters, requesting judicial assistance from Qatar. Eurojust will provide further support to the authorities concerned at their request.
By H.E. Mr. Philippe Gautier, Registrar of the International Court of Justice
The International Court of Justice, the principal judicial organ of the United Nations, consists of 15 Judges, elected by both the General Assembly and the Security Council. Its main function is to adjudicate on inter-State disputes through binding judgments and to render advisory opinions on legal questions submitted to it by the United Nations or other international institutions authorized to do so.
In the discharge of its duties, the Court is assisted by a Secretariat, “the Registry”, which provides support in legal, administrative and budgetary matters. The role of the Registry, which consists of 117 staff members, is often unknown, and it seems therefore useful to provide an insight into its contribution to the functioning of international justice.
First of all, it is important to underline that the Court is the only principal organ of the United Nations which is sitting away from Headquarters in New York. A direct consequence of this situation is that a number of administrative services have to be provided in situ, in The Hague: legal and linguistic services; organization of hearings and Court meetings; personnel and procurement; building’s maintenance and security; IT; finances; information and secretarial services. In other words, the management of the Registry is similar to the functioning of a small international institution. A certain level of autonomy of the Court’s Registry vis-à-vis the United Nations Secretariat is equally important to ensure the independent functioning of a judicial institution. This specific situation explains that the staff of the Registry is subject to its own staff Regulations and is headed by a Registrar elected by the Judges of the Court and accountable to it. Likewise, the Court adopts its own draft budget (which represents less than 1 per cent of the regular budget of the United Nations), which is then submitted, for approval, to the General Assembly of the United Nations by the Secretary-General, “together with such observations as he or she may deem desirable”.[1]
The role of the Registrar includes a wide range of duties of administrative, judicial and diplomatic nature. A significant aspect of this role is to act as the channel of communications to and from the Court. The Registrar serves as intermediary in all exchanges between the Court and the parties for the purposes of a given case. In this regard, the Registrar is the recipient of all case-related correspondence and documents, including, first and foremost, those which institute proceedings before the Court. As stated in Article 40, paragraph 1, of the Statute of the Court: “Cases are brought before the Court, as the case may be, either by the notification of the special agreement or by a written application addressed to the Registrar.” For example, in the case of an application, it is common for the Agent appointed by the applicant State – often the ambassador to the Netherlands or a senior official from their ministry of foreign affairs – to meet with the Registrar. This triggers the Registry to take a number of steps: the case is entered on the Court’s General List and a certified copy of the application is transmitted to the respondent State. Copies of the application are sent to the Secretary-General of the United Nations and to all States entitled to appear before the Court (this includes all the 193 member States of the United States which are parties to the Statute of the Court, annexed to the United Nations Charter).
The Registrar remains the principal interlocutor of the representatives of the parties throughout the lifecycle of the case in which they are involved: during the written phase of the proceedings, the Registrar receives from and transmits to the parties copies of all communications, notifications and documents relating to the case. The Court, and its Registry, may be requested to act fast in some situations, for example when a party requests the Court to order provisional measures to protect its rights pending the Court’s final decision in the case. In such instances, which now occur more frequently in the Court’s work, the Registry urgently mobilizes resources to enable the Court to address the request swiftly, as a matter of priority.
It is also the Registrar’s responsibility to ensure that information concerning the Court and its activities is made accessible to Governments, legal practitioners, academic institutions and the public at large. To that end, the Court regularly organizes outreach activities, including for the diplomatic community in The Hague. The latest of these initiatives, which took on 15 September 2022, was organized jointly with the Permanent Court of Arbitration. On that occasion, the Secretary-General of the Permanent Court of Arbitration and the Registrar of the International Court of Justice each provided an overview of the work of their respective institutions housed in the Peace Palace. The briefing was attended by over one hundred participants, who were given the opportunity to familiarize themselves with the work of the courts, in parallel sessions conducted both in English and French.
The Registry’s outreach activities take several other forms, including presentations, tours, educational workshops and conferences. The Court’s website and social media platforms, multimedia material and various publications, also contain a number of useful information on the activities and proceedings of the Court. Also worth mentioning is the Court’s Judicial Fellowship Programme, which enables recent law graduates to improve their understanding of public international law and the Court’s procedures, by working under the supervision of a Judge for a period of ten months. In 2021, following the adoption by consensus of Resolution 75/129 by the General Assembly, a trust fund for the Judicial Fellowship Programme was established, granting fellowship awards to selected candidates who are nationals of developing countries from universities based in developing countries, thereby improving the geographic diversity within the participants in the Programme. For the 2022/23 cohort, 3 Judicial Fellows benefit from the trust fund.
Through these various initiatives, the Registry endeavours to engage with the diplomatic community of The Hague. States, from all regions of the world, are the main users of the Court and their representatives should feel “at home” at the Peace Palace. It is therefore crucial for the Court and its Registry to be able to explain to the members of the diplomatic community the role of the Court in the settlement of international disputes.
[1] Regulation 2.14 of the Financial Regulations and Rules of the United Nations.
What an exceptional and exclusive opportunity it was for about thirty members and guests of the Arts Society The Hague to be invited to Pakistan House on Friday 14 October! The Special Event was organized by the Embassy of Pakistan in cooperation with the AS The Hague, on the subject of contemporary trends in art and culture in Pakistan.
Introduced by (retired) Ambassador Andrea Perugini, Chairman of the AS The Hague, His Excellency Suljuk Mustansar Tarar, Ambassador of Pakistan to the Kingdom of The Netherlands, gave a special lecture based on his recent book “All That Art”. Rich in colorful slides and powerpoint explanations, the Ambassador presented a comprehensive overview of the vibrant Art of Pakistan and its global significance. He showed paintings and works of art of a number of artists from his country, and commented on the differences in generations and styles, both in Pakistan and abroad, thus allowing the audience to look at art both from the inside as well as from a distance.
The Ambassador proved to be an able and eloquent art critic, narrating the individual stories and trajectories in style and artistic production of a selected group of contemporary artists from his country through a personal lens thanks to his past experience and his wide contacts. Early on in his life he had been exposed to the works and creative processes of many of Pakistan’s leading artists, while visiting their studios and interacting with them because of their friendship with his distinguished father, one of the most famous contemporary living Pakistani writers. Ambassador’s Tarar’s knowledge was further enhanced by the fact that he attended the National College of Arts in Lahore and was subsequently, as a diplomat, posted to New York, where he became acquainted with the art and architecture of multi ethnic societies, enjoying this city’s rich cultural heritage and following its roots of abstract impressionism.
During the course of his very varied lecture he highlighted in particular the revival of Pakistani miniature and landscape art and paintings. A new, original and unexpected world of knowledge opened up for the members and guests of the AS The Hague who were surprised and captivated by the richness of his presentation. The evening was enlivened by an excellent musical programme of classical opera arias from Mozart and Dancla performed by the duo “The New Phoenix Ensemble”, with Letizia Maula’, clarinet, and Sylvia Cempini, cello. Both were welcomed with enthusiastic applause by the audience and a rich buffet of Pakistani delicacies closed the evening.
A reference was made by both Ambassadors to the unprecedented floods that caused casualties and so much destruction in Pakistan. Thanks to members’ contributions and a successful raffle of valuable Pakistani art and culture books made available both by the the AS The Hague, and the Pakistan Embassy, the Arts Society was able to raise, in symbolic solidarity with the affected populations, an amount of 1,215 Euros which was donated to the Pakistan Flood Relief Fund.
The Arts Society the Hague is happy to participate in further similar Special Events with other Embassies interested in reaching out to the wider Dutch and International audience represented by its membership in The Netherlands.
By H.E. Mr. Laurence Bay, Ambassador of the Republic of Singapore to the Federal Republic of Germany
Singapore is deeply honoured to host the 17th Asia-Pacific Conference of German Business (APK), Germany’s most important economic conference for the thousands of German companies in the Asia-Pacific, from 13 to 14 November.
The presence of both Federal Chancellor Olaf Scholz, and Vice-Chancellor and Federal Minister for Economic Affairs and Climate Action Dr Robert Habeck at this biennial event sends a strong and unequivocal signal of Germany’s commitment to deepening its engagement with Singapore and the region. More importantly, it brings Asia and Europe closer as we emerge from the COVID-19 pandemic and tackle the myriad of today’s global challenges together.
Even during the pandemic, Germany and the EU have stepped up their engagement of Asia. A case in point is Germany’s Policy Guidelines on the Indo-Pacific region, as well as the EU’s Strategy for Cooperation in the Indo-Pacific, which provide useful roadmaps for developing inter-regional ties. Singapore welcomes stronger engagement in the areas outlined in the ASEAN Outlook on the Indo-Pacific, which include economic cooperation, connectivity, and smart cities.
I believe that there is much potential for inter-regional ties to be deepened further. Take Southeast Asia for example. It has a combined population of 622 million and GDP of US$3.2 trillion. By 2030, Southeast Asia will become the world’s 4th largest economy with a rapidly growing middle class. Furthermore, the region has excellent connectivity to the two largest global markets, India and China, and other advanced economies like Australia, Japan, New Zealand, and South Korea.
The ASEAN Foreign Ministers and former EU High Representative for Foreign Affairs and Security Policy Federica Mogherini at the ASEAN-EU Ministerial Meeting in Bangkok, August 2019 – Picture by Ministry of Foreign Affairs, Singapore.
It is in the interest of Asia and Europe to uphold their mutual spirit of friendship, respect, and cooperation, that has been developed over more than four decades. Next month, ASEAN and EU leaders will meet in Brussels for a special summit to commemorate 40 years of relations.
I hope that the Summit will be a platform for meaningful and forward-looking discussions on how both regions can further build on the strong foundation that has been established over the years. Constructive engagement is the key to ensuring prosperity, security, and stability for both sides. The elevation of ASEAN-EU relations to a Strategic Partnership in December 2020 was an important milestone and a step in the right direction. The EU has concluded Free Trade Agreements (FTAs) with Japan, South Korea, Singapore, and Vietnam, and is negotiating similar agreements with other Asian countries.
Meeting between Singapore’s Minister for Foreign Affairs Dr Vivian Balakrishnan and EU High Representative for Foreign Affairs and Security Policy Josep Borrell at the side-lines of the G20 Foreign Ministers’ Meeting in Bali, Indonesia, July 2022 – Picture by Ministry of Foreign Affairs, Singapore.
Both regions should work towards an ASEAN-EU FTA in the medium-term. Finally, more attention should be paid to expanding education and cultural ties. The conclusion of the ASEAN-EU Comprehensive Air Transport Agreement in June 2021 is timely in this regard as it will greatly promote more people-to-people exchanges. Though small in size, as a major regional hub, Singapore is well-positioned to work with our partners in Asia and Europe to strengthen the enduring ties that bind us.
ByH.E. Dr. Erkinknon Rahmatullozoda, Ambassador Extraordinary and Plenipotentiary of Tajikistan to BENELUX, Permanent Representative of the Republic of Tajikistan to the European Union and NATO
(Dedicated to the upcoming UN 2023 Water Conference)
“We cannot continue to take water for granted and expect to achieve Sustainable Development Goals” António Guterres
The article begins with the quote of H.E. Mr. Antonio Guterres, the UN Secretary-General for a reason.
Indeed, today, many of us do not properly value water – the unique resource of our planet. Water is considered to be an essential necessity for the functioning of all walks of life and one of the crucial and paramount required resources humanity possesses. It is not possible to imagine the functioning of the world without water.
Mr. Guterres from the first days of his work, after assuming the post of Secretary-General of the UN on January 1st, 2017, began to promote the objectives of “The 2030 Agenda for Sustainable Development” with its 17 goals (SDGs), which was adopted by all the member states of the UN in 2015.
The SDGs as a common plan of the world community for peace and prosperity for all nations and the entire planet are considered to be an effective and efficient tool in fighting inequality and injustice, ending poverty, and tackling climate change until 2030.
The SDG 6: Clean Water and Sanitation encompasses tasks and obligations aimed at addressing everything from the efficiency of water usage issues, pollution, and water quality to how water is managed; it defines the critical role of all players from international governments to local communities.
Mr. A. Guterres, had made prominent progress in water-related issue management processes prior to taking over the post of the UN General-Secretary. The “Albufeira Convention”, signed when he was Prime Minister of Portugal, continues to promote good relations on water management between Spain and Portugal to this day. The Convention was designed to be a political, legal, and technical framework to solve common water challenges between Portugal and Spain.
During his trip to Tajikistan and visit to Sarez Lake back in 2017, the Secretary-General was stunned by the beauty of the country and its enormous water resources and noted: “…People in Europe spend lots of money to construct dams and artificial lakes while Tajikistan has God-given water resources and tremendous dam Sarez”. He also mentioned that the endeavours of the Government of the Republic of Tajikistan and the endless efforts of President Rahmon in achieving Sustainable Development Goals are highly appreciated.
The vision of the United Nations Secretary-General on water problems, his understanding of the value of water, the necessity and importance of water for life, as well as desire to find solutions and share them with the entire world community are similar to the wise water policy of H.E. Mr. Emomali Rahmon, President of the Republic of Tajikistan.
On September 29, 1993, for the first time in the history of the Tajik people, the President of Tajikistan delivered a speech at the world’s most influential tribune – at the United Nations General Assembly, in New York, in which he outlined the creative plans, peaceful goals and goodwill of the newly independent state of Tajikistan to all members of the international community.
Since then, President Rahmon, during all his statements at the sessions of the UNGA, while addressing the Assembly, constantly reaffirms Tajikistan’s readiness to advance water and climate issues at all levels, especially in cooperation with the United Nations.
The state policy of the Republic of Tajikistan in the field of water is aimed at tackling pressing, social and economic issues of the region and the world. In this connection, the Republic of Tajikistan has made specific, constructive, and forward-looking proposals at prestigious platforms of international organizations. Now, Tajikistan is accepted by the international community as the initiator of this vital field.
One of the critical and pivotal processes of the international actions of Tajikistan at the global level is the expansion and coordination of the policies of the countries of the region and the world in the direction of addressing the issues of using and protecting water sources for the sustainable existence of humanity. At the same time, the fact of coming together of representatives of different countries of the world in international water events proves that water has become one of the important factors of international cooperation and guarantee of peace.
During the years of its independence, Tajikistan was lucky enough to come up with several initiatives in the area of water resources and it continues to provide international platforms for the world community to gather and address existing water challenges.
Global water-related initiatives
In fact, the initiatives of the Republic of Tajikistan in addressing water issues are considered important and timely, because according to the data of regional and international organizations, more than 750 million people do not have access to safe drinking water, and it is expected that taking into account the gradual growth of the population, by 2030, almost 40 per cent of the inhabitants of the world will face the problem of water shortage.
We can observe the reflection of constructive and direct initiatives of Tajikistan in the protection of world water resources in the following stages:
– proposal of the Republic of Tajikistan at the 54th Session of the UNGA on October 1, 1999 – declaring 2003 as the Year of Clean Water. Based on this initiative, on September 20, 2000, at the 55th Session of the UN General Assembly, 2003 was announced as the International Year of Clean Water. On August 29 – September 1, 2003, the International Forum on Fresh Water was held in Dushanbe;
– proposal of the Republic of Tajikistan to declare 2005-2015 as the International Decade for Action “Water for Life”. On December 23, 2003, the General Assembly of the UN, based on the Dushanbe Declaration, declared 2005-2015 as the International Decade for Action “Water for Life”;
– the initiative of Tajikistan to declare 2013 as the international year of cooperation in the field of water. In 2013, the international community, due to the UNGA Resolution 67/204, authored by Tajikistan, marked the International Year of Cooperation in the Water Sector. The opening ceremony of that was held at the UNESCO headquarters in Paris on February 11, 2013;
– proposal of the Republic of Tajikistan to declare the years 2018-2028 as the International Decade of Action “Water for Sustainable Development”. This initiative was officially declared in 2016 by the UN. It is worth mentioning that this initiative was presented for the first time by the President of the Republic of Tajikistan on April 12, 2015, during the World Water Forum in Daegu, Republic of Korea, and was warmly welcomed by the Forum attendees.
As an author of decent initiatives in the water sphere, Tajikistan has hosted a wide range of relevant events, including international conferences, providing an excellent platform for the world community to address water and climate change issues.
Photography by Nodir Tursunzade
High-Level International Conference on Water Cooperation, 20-21 August, 2013
The High-Level International Conference on Water Cooperation took place on 20-21 August, 2013 in Dushanbe, in line with the objectives of the UN’s relevant resolution and to promote increased water cooperation by stakeholders at all levels.
To participate in this conference, more than 900 high-ranking guests and well-known specialists and experts from more than 70 countries of the world and numerous regional and international organizations visited Tajikistan.
The Conference was composed of high-level panels on water collaboration, including cooperation for human development, water cooperation for economic benefits, water cooperation for ecosystems, water cooperation across boundaries, water collaboration and gender, water cooperation and capacity building, water cooperation and sectoral synergies, and triggers and catalysts for water cooperation. The Conference concluded with the adoption of a Declaration.
High-Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015, 9-10 June, 2015
High-Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015 took place on 9-10 June, 2015 in Dushanbe.
The conference was held by the Government of the Republic of Tajikistan in cooperation with the UN structures and other development.
The core objective of the conference was to evaluate the progress achieved during the implementation of the ten-year goals and to determine further efforts to ensure the sustainable development of water resources.
The conference brought together more than 1,500 participants from more than 100 countries and regions of the world, representing Governments, UN agencies, international organizations, civil society, and other stakeholders.
As a result of the event Declaration of the High-Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015 was adopted.
High-Level International Conference on the International Decade for Action “Water for Sustainable Development”, 2018-2028, 20-22 June, 2018
On the initiative of the Government of the Republic of Tajikistan, in cooperation with the United Nations and other partners, on June 20, 2018, in the city of Dushanbe, the High-Level International Conference on the international of the Decade of action “Water for sustainable development”, 2018-2028, was held. The key goal of the event was to promote political action and dialogue on the water for sustainable development.
More than 1500 guests from 120 countries of the world, including heads of state/governments, leaders and senior representatives of foreign policy, and other relevant ministries and agencies participated in the conference. Leaders and representatives of international and regional organizations such as the United Nations, OSCE, European Union, World Bank, CSTO, SCO, CIS, IFAS, etc., international financial institutions and development partners, water basin organizations, research institutes, and scientists were actively involved in the event.
More than 300 representatives of local and foreign media were registered to cover the international high-level event.
At the end of the Conference its outcome document – Dushanbe Declaration was adopted.
The Second High-Level International Conference on the International Decade for Action «Water for Sustainable Development», 2018-2028, 6-9 June, 2022, Dushanbe
The Second High-Level International Conference on the International Decade for Action «Water for Sustainable Development», 2018-2028 entitled «Catalyzing Water Action and Partnership at the Local, National, Regional and Global Levels» took place on 6-9 June 2022 in Dushanbe.
During the high-level conference, which was held on the initiative of Tajikistan and supported by the United Nations in the capital city of Tajikistan – Dushanbe, leaders and high-ranking representatives of 177 countries of the world, 30 UN agencies, and more than 30 regional and international organizations and financial institutions visited Tajikistan.
Some heads of state and leaders of international organizations participated virtually (via VTC) in the work of the Dushanbe Water Conference.
A large number of domestic and foreign reporters covered the course and results of the event.
The main objectives and tasks of the second Conference were to identify ways and mechanisms for implementing the goals of the International Water Decade, striving to achieve the SDGs related to water; further steps in the implementation of the Decade Action Plan at the global, regional and national levels were also discussed.
Following the event, the “Dushanbe Declaration” has been issued from the Second High-level Conference on the International Decade for Action “Water for Sustainable Development” 2018-2028.
UN 2023 Water Conference
Needless to say, this year’s Dushanbe Conference played a crucial role in the preparations for the United Nations 2023 Water Conference.
The recently hosted high-level conference in Dushanbe has greatly contributed to the important international gathering for coordination and integration of the results of other international events, including the Bonn Dialogue, the 9th World Water Forum, the 4th Asia-Pacific Water Summit in conjunction with the upcoming events – the United Nations Oceans Conference and the 27th Conference of the Parties to the Convention on Climate Change, UN 2023 Water Conference and other regional and international events.
The United Nations 2023 Water Conference, known as the 2023 Conference for the Midterm Comprehensive Review of Implementation of the UN Decade for Action on Water and Sanitation (2018-2028), is scheduled for 22-24 March 2023, at the UN HQ in New York.
Tajikistan and the Netherlands, as co-chairs of the 2023 Conference in cooperation with the United Nations Department of Economic and Social Affairs and the UN-Water mechanism, established close collaboration with the UN member states and other relevant institutions and organizations in the process of preparing for this conference.
The conference will include an opening and closing session, six plenary sessions, and five interactive dialogues, as well as side events organized by participants. It will result in a summary of proceedings from the UNGA President that will feed into the 2023 UN High-Level Political Forum on Sustainable Development (HLPF) session.
There is no doubt that this Conference, which will be held by the UN after almost 50 years, should become a historic event with positive results and great outcomes.
The year 2023 is also important in terms of the mid-term review of the SDGs, and the evaluation of the 1st phase of the Decade “Water for Sustainable Development” will accelerate and encourage efforts to achieve the water-related SDGs.
Tajikistan, as co-chair of the crucial international event – the UN 2023 Water Conference declares its willingness and readiness to collaborate, together with the Kingdom of the Netherlands and partners from the United Nations, with all member states and other stakeholders to develop specific messages for the 2023 Conference.
Tajikistan’s involvement in hosting the UN 2023 Water Conference is another international effort toward the achievement of aims and tasks of the UN water agenda.
Today, the problems related to climate change are causing a huge barrier to achieving Sustainable Development Goals in Tajikistan and many other different countries.
Tajikistan, as a mountainous country is seriously concerned about all the climate-related changes, including the hydrological cycle, which often causes terrible floods and severe droughts leading to adverse impacts and negative repercussions on food security, energy, and water.
Annually, Tajikistan loses millions of US dollars as a result of water-borne disasters; most often natural disasters take away people’s lives and destroy vital infrastructure.
As a grand supporter of all the UN decisions on climate change, Tajikistan constantly takes an active part in sessions of the United Nations Convention on Climate Change (COP), as well as other relative events of the UN member states.
Furthermore, Tajikistan, along with the world community, is committed to frequently taking action so as to contribute to achieving the goals of the Paris Agreement and accelerating the efforts of the international community in fighting climate change.
The melting of glaciers is considered to be one of the severest consequences of the climate change process. As a result of climate change and unprecedented warming, more than 1,000 out of the 13,000 glaciers in Tajikistan’s mountains have completely melted.
It is really scary to imagine that all these fast melting processes are happening in Tajikistan – in a country that possesses 60% of Central Asia’s water resources that originate from its glaciers.
Ranking 135th among all the countries in the world in terms of carbon dioxide emissions, Tajikistan generates 96 per cent of its electricity in hydropower plants.
The Republic of Tajikistan persistently comes up with clear proposals on various platforms and different international events aimed at finding ways to tackle the problems associated with climate change. Tajikistan’s President has proposed, during his active participation at the first high-level meeting of the World Water and Climate Coalition, to proclaim 2025 as the International Year for Preservation of Glaciers, which is definitely may help attract firm belief and more attention to the international community to the climate change and water issues, as well as melting of glaciers.
In a nutshell, upon considering all the facts above, it is worth noting that throughout the period of independence, Tajikistan was able to maintain its position and influence as a country that initiated humanitarian ideas, as well as forward-looking initiatives and long-term plans linked to the issues related to water, climate, and ecology, which are absolutely considered one of the key topics of the Sustainable Development Agenda; Tajikistan succeeded, as a “leading country”, to make an adequate contribution to the solution of the existing water and climate problems.
It would be appropriate to emphasize once again the importance of the upcoming UN 2023 Water Conference and the commitment of the Republic of Tajikistan and the Kingdom of the Netherlands to host and coordinate one of the most predominant water events of the United Nations.
Indeed, water means existence; water is a continuation, and water is life. The following words of H.E. Mr. Emomali Rahmon, President of the Republic of Tajikistan are best placed to describe the colossal and considerable role of water for humanity: “Most likely no one can deny that water is the most precious resource in human life because water is life, water is development and water is a secured future for the new generations. We need to make every effort to ensure that all these slogans become a reality“.
By H.E. Francis Danti Kotia, Ambassador of Ghana to the Kingdom of the Netherlands.
Cocoa production is essential to the health of Ghana’s economy. It contributes significantly to the country’s total foreign exchange earnings, second only to the extractive industry. While the cocoa sector’s overall contribution to gross domestic product (GDP) is about 3.5 percent, it makes up about a quarter of total export receipts, while also providing about two-thirds of cocoa farmers’ incomes. The sector currently supports the livelihoods of over four (4) million farming households. Ghana represents the gold standard for cocoa quality and is one of the world’s largest producers, yet the sector’s yields in monetary terms remain stubbornly and sadly low. Young people are a key part of the solution to revitalising Ghana’s cocoa sector as the average cocoa farmer in Ghana is over 50 years old.
Ghana, essentially shares in the vision of ensuring that the cocoa value-chain are promoted in a sustainable manner.
Ghana is a leading producer of cocoa in the world, producing a record 1.4 million tonnes of cocoa beans in 2020/21 season, as such sustainable cocoa production with respect to addressing deforestation, child labour and farmer well-being are of paramount importance and interest to the Government of Ghana.
Addressing Child Labour in the Cocoa Industry
On the issue of reported child labour in the industry, this appears grossly exaggerated or profoundly misconstrued in view of the lack of appreciation of Ghanaian cultural norms and practices. Nevertheless, the government is committed to ensuring that every Ghanaian child is offered the opportunity to develop their talents to the fullest and should not be disadvantaged through exposure to excessive or inappropriate work.
Among the interventions implemented by the government in tackling the issue of the perceived child labour are the capitation grant, which eliminates fees for primary schooling and government’s policy on Free Education for Senior High Schools. In the cocoa sector, the government has assumed the responsibility for some of the hazardous work that had previously been conducted by farmers and their children, such as the spraying of pesticides. More importantly, the government is concerned about farmer wellbeing and the need to protect the farmer from fluctuations in international cocoa prices, by maintaining a regulated farm-gate prices at elevated levels hence the joint introduction of the Living Income Differential (LID) by the governments of Ghana and Cote d’Ivoire.
For one thing, most farmers in Ghana do not want their children who give a helping hand, to remain on the cocoa farm; rather most prefer their children to complete their education in order to secure gainful employment in urban areas. That notwithstanding, the poorest farmers may ask their children to work after school hours or during vacation.
Key Findings on Child 1Welfare in Cocoa Growing Areas of Ghana and Côte d’Ivoire
A recent survey by the independent National Opinion Research Centre (NORC) at Chicago University covering children under 18 years living in agricultural households in the cocoa growing areas across Côte d’Ivoire and Ghana during the 2018-19 cocoa harvest season, using a sample size of 2,809 households, 5,552 child surveys, 158 community surveys, 372 cocoa shed surveys, and 260 established the following key findings, among others:
Cocoa is a key part of agriculture in the cocoa growing areas of both countries, as can be seen from the fact that in 2018-19, 84% of agricultural households were growing cocoa.
School attendance among children in agricultural households in cocoa growing areas increased from 58 to 80 percent in Côte d’Ivoire and from 89 to 96 percent in Ghana between 2008-09 and 2018-19. In the case of Ghana, the high school enrolment was because of government’s policy on free education in Ghana from the basic level to Senior High School.
It was further noted that when multiple interventions were implemented in a community, they led to a statistically significant reduction in the rates of child labour in cocoa production areas.
Based on these findings, the report underscored the need for engagement with community leaders, including representatives for women and the youth, early in the design of interventions to ensure that objectives and implementation plans are realistic and relevant to the community.
H.E. Mr. Francis Danti Kotia, Ambassador of Ghana.
Higher cocoa prices
The idea that cocoa farmers should receive a higher price is not a new concept, although it has been operationalised in several different ways. For instance, some stakeholders advocate for the establishment of a cocoa cartel for intervening in international markets and in the creation and management of buffer stocks. While others believe that national marketing boards should be the ones paying farmers a higher share of the price they receive on the international market. Higher prices are sometimes operationalised through a premium model, which rewards farmers for engaging in sustainable production. In some countries, quality differentiation (such as for fine flavour cocoa) has also enabled price differentiation. Some proponents of higher cocoa prices argue that cocoa farmers should receive a greater share of the value of a chocolate bar. However, opponents argue that a chocolate bar contains many other ingredients and goes through a substantial process of value addition, rendering comparisons problematic. Competition within the cocoa chain also means that most value-chain actors also face tight margins, necessitating high volumes of trade to achieve profitability. The question of who should bear the cost of higher cocoa prices remains a sensitive one.
There is also the question of how farmers may respond to a higher price signal. There are valid concerns that farmers could clear more land for cocoa, contributing to deforestation. Others may convert land from less profitable food crops to cocoa, thereby increasing global cocoa supply and potentially depressing prices. Nevertheless, these arguments do not address the core issue of fair price to cocoa farmers.
Low Cocoa Prices and Implication for the Cocoa Sector in Ghana
Consequently, it is disheartening to note that Ghana only earns less than 5% of the value of the global chocolate and confectionery retail industry, which is worth more than USD100 billion. It was against this background that the member countries of the Cote D ‘Ivoire-Ghana Cocoa Initiative (CIGCI) as well as the Secretariat itself decided not to participate in the World Cocoa Foundation partnership meetings held in Brussels, Belgium on 26-27 October 2022.
The decision of non-participation in the Brussels meeting was to register the displeasure of the cocoa producing member states against the unwillingness of the cocoa and chocolate industry to pay fair prices for cocoa. The immediate consequence of the posture of the chocolate industry was the deterioration of the beneficial Living Income Differentials (LID) on the price guaranteed to the millions of small cocoa producers in Ghana and la Cote d’Ivoire in meeting their overhead costs in cocoa production.
It would be recalled that earlier in 2022, Ghana and Cote d’Ivoire, through the CIGGI, took the decision to publish the origin differentials for greater transparency in the pricing of cocoa. In July 2022, a further decision was taken to no longer sell their cocoa with negative income differentials, which buyers had been applying to offset the cost of the LID, since it came into effect at the beginning of the 2020/21 season. At the same time, a process was also launched with the industry to build a path for an economic pact that was signed by all the major cocoa purchasing companies. Despite these initiatives, the cocoa importing companies have not shown good faith in upholding mutual respect to cocoa producing states in ameliorating the plight of the cocoa farmers.
As a result of the low producer prices to cocoa farmers, some cocoa farmers have resorted to leasing their cocoa plantation lands to small-scale miners. This development would have an overall adverse impact on cocoa production in Ghana.
Improving cocoa productivity
Generally, improving productivity results in raising incomes for cocoa households. However, most cocoa farms are far from achieving potential yields due to poor agronomic practices, and low, inappropriate or untimely use of inputs. Therefore, training on good agronomic practices (GAP) is often seen as a way of remedying the situation. Advocates for boosting farmer yields also see this as one way to slow or reverse deforestation. Some actors have also expressed concerns that improving productivity could contribute to oversupply in the future, resulting in lower prices.
Access to Finance, Skills training and education
For young people who do acquire land, rehabilitating such lands is becoming expensive. In view of soil degradation and climate change, greater investment in fertilizer, pesticides and other inputs is essential to achieve desired yields. Furthermore, cocoa trees take up to five years to yield beans, leaving farmers with no cocoa income during that time lag. Aside the foregoing challenges, cocoa farming requires more sophisticated farming skills to manage soil fertility losses and climate change. In addressing the skills gap, Ghanaian Universities and the Ministry of Food and Agriculture of Ghana are promoting agro-economic education or skills training for young farmers.
Conclusion
Permanent solution to concerns about the phenomenon called child labour in the cocoa sector can be achieved when the importance of price and ‘decent living income’ for cocoa farmers are given due and adequate attention by all the key stakeholders in the cocoa value-chain, including multinational chocolate companies. The fact that sustainable cocoa production is a win-win concept cannot be overemphasised. Furthermore, it is abundantly clear that if the three key elements namely the social, economic, and environmental dimensions of the industry, underpinned by the well-being of the cocoa farmer are managed in a fair, balanced and holistic manner, cocoa producers and multinational companies alike would work in a very harmonious way to bring smiles to the faces of consumers of chocolate and other cocoa products.
