A symposium Titus Brandsma: The Challenges for Journalism in Troubled Times will be organized in Rome by the International Association of Journalists Accredited to the Vatican (AIGAV) and the Embassy of the Kingdom of the Netherlands to the Holy See on Tuesday 10 May 2022.
To participate virtually, please join the symposium by the following link:https://us06web.zoom.us/j/86759182653
On Thursday, 21 April 2022 at Palazzo Mora in Venice, Italy, Korean artist Oh Myung Hee opened her exhibition entitled ‘The Days Were Snowy But Warm’ in the framework of the Personal Structures larger exhibition hosted by the European Cultural Centre. It is curated by Tatiana Palinkasev and Éva McGaw.
In this exhibition, Oh Myung Hee, explores the pivotal years when ‘traditional’ South Korea began transforming into a modern-day society. She mixes old Hwajo techniques with new materials and technology, applying it on a series of family photographs. The artist also creates video works for a black lacquered cabinet from Jeju Island, where she spent her summers as a child, bringing those memories forward to our time and space. Through her multimedia artistic expression and her female gaze with a historic distance, the artist mirrors the remarkable journey South Korea has undertaken to become one of the world’s most prosperous nations.
In her quest, Oh Myung Hee is particularly interested in the social changes that occurred amongst South Korean women in 1954. These were partly inspired by Marilyn Monroe’s morale boosting visit to the American troops stationed there, following the armistice in 1953. She juxtaposes the image of a traditional Korean wife in an unassuming, monochromatic dress, seated in a dignified position with scarcely clad, confident and free Monroe standing in front of 17,000 American soldiers on one side. On the other side instead, she put Hye-Seok Nah, the Korean pioneering feminist, writer and artist, elegantly dressed with a luxurious fur collar, l’enfant terrible of her times. Both women ended their lives tragically, Monroe taking her own and Hye Seok Nah in abject poverty.
It was while remembering that performance in front of the American troops in Korea that Monroe recollected that ‘it was snowing but it felt warm, it felt like home’.
Oh Myung Hee also contrasts the images of a large Korean family from her father-in-law’s photo album, with two ‘wives’ on each side, the “main wife (bon-cheo)” and the “second wife (cheop)”, seemingly content. There is a stark contrast in the narrative of these images of solitary women, traditional or not, standing alone and strong, with the image of the two groups of men, tightly squeezed together and uniformly dressed, emanating the strength of a group.
The series of works of art ‘The Days Were Snowy But Warm’ and ‘Nostalgia’ shown in this exhibition, also form a part of Oh Myung Hee’s artistic inquiry into the significance of individual and collective memory. Likewise, the birds in her works of art symbolize the yearning of her spirit for utmost freedom.
A preview to the exhibition can be enjoyed digitally on Google Arts and Culture: https://artsandculture.google.com/story/the-days-were-snowy-but-warm/fAVxlaHfTD_EEA
The exhibition can be visited free of charge until Sunday, 27 November at Palazzo Mora in Venice, Italy.
Eurojust has supported the Italian and Bulgarian authorities to counter an elaborate tax scam of at least EUR 69 million. During an action day, 26 suspects were identified who had illegally changed or ‘cloned’ Italian into Bulgarian enterprises, to avoid paying tax. A hotel and other properties, as well as other assets with a total value of EUR 11 million, were seized. The operation was the result of a joint investigation team (JIT) between the two authorities concerned, which was set up with the assistance of Eurojust.
The perpetrators administratively changed the registration of enterprises in the tourism, construction and food distribution sectors from Italian into Bulgarian hands, without genuinely handing over ownership. Via this illegal method, they had been managing to dodge taxes in Italy since 2013.
The illegal activities mainly took place in the province of Benevento, but a total of 29 places were searched in this region, as well as in Avellino, Rome, Milan, Naples, Cosenza, and Varese, as well as Sofia and Plovdiv in Bulgaria. Furthermore, in Bulgaria bank accounts have been frozen and ownership of the companies used there for the scam has been suspended.
Apart from supporting and funding the JIT, the Agency facilitated the execution of European Investigation Orders for the gathering of evidence, and organised coordination meetings to prepare for the actions.
The operation was carried out on the ground by:
By Roy Lie Atjam
Thailand showed off her culinary prowess during the “Thai Flavors” festival at LEO’s restaurant of the Leonardo Royal Hotel in The Hague and Amsterdam on April 22-23 and 29-30 respectively.
Food is a country’s most seductive diplomat, the silent language of diplomacy that can bring people together. It tells who you are.
LEO’s International Flavors is a concept that creates dishes inspired by cuisines from all over the world. Edition Thai Flavors took place on 22-23 April and 29-30 April 2022 at Leonardo Royal Hotel The Hague and Amsterdam. Organizers of the Thai flavors are the Royal Embassy of Thailand, Leonardo Royal Hotel and Diplomat magazine.
The evening started in a stylish Thai boutique, showcasing ingredients, fruits, vegetables, ornaments and documentation.
The many guests were welcome by Mr. Patrick Aarsman General Manager(ag) Leonardo Royal Hotel The Hague, Dr Mayelinne De Lara, Publisher Diplomat Magazine and by the host H.E. Mr. Chatri Archjananun, Ambassador of Thailand, his welcome remarks now follow. “A very warm welcome to all of you to the first night of the Food Festival Thai Flavors in The Hague. Happy to see that many of you here are Thai food followers.
Thai cuisine has gained worldwide reputation in the recent years almost every major city around the globe now has Thai restaurants there are approximately 50,000 Thai restaurants on this planet.
Today, you will enjoy many Thai famous dishes with fine ingredients for those who are on diet, tonight will be your cheat day for those who love to cook, you will find ingredients displayed with the Thai cook books at the entrance of this room.
This Thai food festival, which runs 2 days in The Hague and 2 days in Amsterdam next week, is organized in conjunction with the opening of our Thai Pavilion at Floriade Expo 2022 in Almere.
Lastly, this Thai Flavors event could not happen without a good cooperation with Leonardo Royal Hotel and Diplomat Magazine, I wish to thank them all.
As for the gathering on 29-30 April 2022 in Amsterdam, a similar concept as in The Hague. However, Amsterdam has its vibes. Mr Erik-Jan Bausch general manager of Leonardo Royal Hotel Amsterdam, H.E. Mr Chatri Archjananun, Ambassador of Thailand and Dr Mayelinne De Lara of Diplomat magazine welcome the guests.
An array of performers “The Thai Music Circle in the Netherlands” played Chuen Chumnum & Klum Dontri, written by HRH. Princess Maha Chakri Sirindhorn of Thailand and the musician Mantri Tramo. There were dancers and a fashion show by Narinthorn Pha.
Together they provided entertainment throughout the evening.
The Thai Chefs Trio, Wan, Ni, Yo and LEO’s chefs Sido de Brabander and Andrew Goldsteen presented a menu of a perfectly blended dinner. Mrs Nataya Archjananun spouse of the Ambassador made an indelible contribution to the diner.
All the delightsome dishes served were authentic Thai foods, such as the appetizers: steaming bird dumplings, spicy papaya salad, Thai shrimp toast, and tropical fruit with chicken filling. Main courses: beef-green curry, prawns in tamarind sauce, fried fish cake, spicy chicken soup. Desserts: sweet layer cake, coconut ice cream, sweet sticky rice with coconut topping, fruits. To introduce each course, the table attendant briefly explained the dishes.
It has been a delight to observe the scores of diners crowded Leo’s restaurants for the Thai flavours festival in The Hague and Amsterdam. Among the ambassadors in attendance were; China, Kazakhstan, Philippines, Panama, Uzbekistan, Vietnam and diplomats from Belarus, Mexico, the USA, Ghana and several others.
The organisers of Thai Flavors festivals could look back on a successful event in the international city of The Hague and the capital city Amsterdam. The many positive responses prove that. Obviously the Thai flavours festival has enhanced awareness of Thai cuisine in the Netherlands.
Hats off to the Thai gastronomy and hospitality!
By H.E. Ms. Salima Abdelhak Ambasador of Algeria to the Netherlands
Algeria is the largest country in Africa and in the Arab World with a total landmass of 2.38 million square km. It is rich in natural resources which is still largely unexplored.
Yet, Algeria has deployed relentless efforts, so far, to curb its reliance on imports by speeding up agriculture development and modernization, as means of diversifying the economy and attracting foreign and domestic investment outside the energy sector. The potential of this very field is very likely to contribute in shaping more sustainable and resilient economy.
In fact and in 2020, agriculture accounted for around 14.1% of national GDP and employed 2.6 million people or around 20% of the country’s active population. Production improved between 2007 and 2021, thanks to Government endeavours to get rid of some of the bureaucratic bottlenecks that have traditionally held back the sector’s development, such as legislation, land ownership and financing. Furthermore, Algerian authorities awareness of ongoing economic shift worldwide led different actors to reconsider the importance and structure of the sector and to gradually rely on new approaches such as intensive and large-scale farming. Accordingly, both foreign and domestic investments, private in particular, have been actively encouraged by the Government to achieve these goals.
Indeed, the Government launched a new policy dubbed “The Agricultural and Rural Renewal Policy” (ARRP) aiming to boost foreign direct investment, improve output and reshape market structure. As a result and according to the National Statistics Office (ONS), agriculture output reached 27 billion dollars, during the period 2019-2020, pushing its non-hydrocarbons share in GDP, fisheries and forestry output included, to 16.2 %. Subsequently, a fresh momentum to the previous policy was given by the launch of “the Felaha 2019 initiative” by the Ministry of Agriculture, Rural Development and Fisheries; the strategy revolves around a growing interest in private investment, consolidation and innovation, and it targets average annual growth of 5% (€35.7billion) in output value and 1,5 million new jobs by 2019. It also aims to cut food imports from $9.3 billion in 2015 to $2 billion and double the value of exports to $1.1 billion by 2019.
Since the introduction of “ARRP”, agricultural output has made headway and Algeria since then produces a wider range of agricultural products designed for domestic consumption, with a good level of output achieved particularly in market gardening, for instance vegetable output value reached 5.149 billion dollars in 2020. Potato production value, in particular, has been significant, attaining 1.3 billion dollars in the 2020 harvest. In addition and despite adverse circumstances due to Covid-19 outbreak, the country is still looking forward to launching export operations of approximately 70,000 tons of this product.
These plans are nowadays embed in remarkable trend observed recently to adopt more intensive and innovative farming methods. This move is essential in a sector that has traditionally been dominated by smallholder farmers in a country that is keen to achieve food self-sufficiency and swing to agriculture export-oriented industry.
At legislative level and as part of comprehensive plan to diversify the economy, incentives to boost private investment in the non-hydrocarbons sector have gradually been introduced. In this regard, a new Customs Code approved in early 2017, has come with new rules to modernise and streamline procedures, in line with international Customs framework. Such reforms are likely to back the New Growth Model strategic vision launched by the Government, which targets a 6.5% annual growth rate in non-hydrocarbons GDP over the 2020-30 period.
2020 Finance Act, published on December 30th 2019, has brought about deep reforms to encourage foreign investment by lifting “49/51 foreign investment cap” which applies, henceforth, to 05 strategic sectors namely national mining domain; upstream energy sector; military industry; pharmaceutical industry; as well as, ports, airports, railways sector.
Furthermore, agriculture is being promoted in southern Algeria despite the harsh conditions of the Sahara desert. The Government has been offering cheap loans and concessions to farmers and investors willing to take up the challenge of toiling their farmlands for only 4 hours per day before 9am due to the excessive heat in the desert. These incentives seem to have impressive and promising results, as the sector output in this very huge part of Algeria continues to grow robustly, contributing significantly in terms of growth in domestic production and in bolstering Algeria’s ambitions to cut food imports by almost $8billion per annum and create employment for the youth. On another hand, Government doubled its efforts to foster collaboration between local farmers, processing industry companies and foreign investors. Integrated projects and joint-ventures with partners such as the US, EU, South Korea, japan and China are underway in the south, providing a stunning example of win-win partnership in the field of agriculture.
At the end, it is safe to conclude without a shred of doubt that the Algerian agriculture sector has recorded steady growth, despite numerous ups and downs. With a huge market of over 45 million inhabitants and in view of an overriding ambition of the President, Mr. Abdelmadjid TEBBOUNE who asserts several times that Algeria is technically able to produce 30 million tons of cereals per annum and export 21 million tons of it to neighbouring countries, there is definitely rooms for expansion from an investor’s standpoint, at a time when domestic production and value added are key to strengthening the economy and achieving food self-sufficiency. The move towards large-scale farming and win-win partnership with well-seasoned foreign investors like The Netherlands should also help achieving those targets, and potentially drive up exports quantity of locally produced goods at a large scale, especially as Algeria is a prominent member of African Continental Free Trade Area (AfCFTA) and can, therefore, be depicted as an effective gateway to sell goods and products in this tremendous integrated market of 1.2 billion inhabitants.
ICC Prosecutor, Karim A.A. Khan QC, outlines renewed approach to investigations in the Situation in Libya to the United Nations Security Council
Firstly, thank you once again for the opportunity – for the second time – to brief you in relation to the Situation in Libya. I had the opportunity earlier this morning to sit down with the distinguished Permanent Representative of Libya to discuss matters arising from the Situation. In my last briefing, I set-out a hope and a plan that I would review comprehensively the evidence and the Libya Situation to give some greater clarity to the members of the Council, and try to work as effectively as possible to discharge the very serious and very necessary responsibilities that this Council placed on my Office in 2011 by way of Resolution 1970. This, of course, is the 23rd report that the Office has presented to the Council.
I have to emphasize what is mentioned in the report and what I said on the first occasion: these situations referred by the Council cannot become never-ending stories. They need to move forward and we need to ensure justice. It may be the case that the old adage “justice delayed is justice denied” is not correct. Maybe justice delayed still can be arrived at. But certainly, victims and survivors have every right to see that their lives, their hopes and their suffering is looked at thoroughly, and if there’s criminal responsibility to be brought before an independent court. And it’s my view and with greatest respect that the new report be put forward is a good attempt to try to identify benchmarks and articulate benchmarks for the first time in an Office of the Prosecutor report in terms of timelines for certain action, so that we can also be held to account, and I can also make sure that we do better in terms of moving things forward.
The stock taking exercise has shown, of course, some significant progress has been made, and there’s a renewed investigative strategy that provides a framework. But the plan of renewed action, of a more dynamic, more impactful investigation is perhaps best articulated in some key principles. The first is prioritisation. I’ve said to this Council before that I will prioritise referrals made by the Security Council to my Office. That’s not an abstract principle, that requires greater resources, greater skills and greater urgency because of the responsibility that this august Body has for maintaining international peace and security. And that promise of greater prioritisation has been given effect to already in these last few months by additional resources and also additional staff.
At the same time, I’ve highlighted an increased need to focus on a number of areas and for the purposes of today’s briefing I’ll identify financial investigations and tracking in relation to Libya Situation and also focus on sexual and gender-based crimes and also crimes against and affecting children. The other aspect is an ever more acute realisation that harnessing technology is absolutely vital. The massive data sets that are the hallmark of the kind of crimes that are within the Court’s jurisdiction require us to utilise in an integrated fashion the latest technology that is available. Artificial intelligence, machine-learning tools, translation platforms that allow mass data to be effectively translated before a more cost-intensive exercise of human review is carried out. All of that will allow us to accelerate our action.
And I think it’s not an exaggeration to say that when we start seeing some of this, and the timelines are listed in the report, it will have the potential and I hope the effect, it will have a very profound effect on investigations. In very simple terms, the types of evidence – video, audio, statements, medical… the whole variety of electronic data – it needs to be rendered more malleable, more accessible to investigators and analysts and then ultimately presented as necessary where relevant to a court of law.
The second principle is empowering victims and witnesses. The Hague is distant from the majority of its situations, it’s distant from Libya and it’s blindingly obvious in my respectful view that arms-length investigations are not the most effective. We need to work shoulder to shoulder and hand in hand with victims and survivors in affected communities. And also we need to embrace and work wherever possible with States.
And I think once we work in that way, both with victims and survivors and the states, we’ll have a better compass, a more accurate compass, that will help us navigate a path towards the truth, separating truth from fiction. And actually finding out why did certain things happen and where necessary ensuring cases are brought that independent judges can establish, and linked to that is something that is critical and I hope that we will have the support of Libya as well. It’s something that I think is necessary for all of our situations is the field presence. We need to be more on the ground, learning, listening and being able to access the undercurrents of a situation so we’re not the least informed person or group in a situation. We need to be absolutely alive to the realities of the moment in which different narratives take place and we need to be able to separate those narratives effectively.
We’ve already identified some putative witnesses that we think would be accessible to the Office by way of using or having a closer field presence. Linked to that, the Registrar of the Court – we have an outstanding Registrar of the International Criminal Court – and we will partner with him and work in collaboration with him and his Office to devise a more effective outreach strategy because it’s critical that victims and survivors know what’s happening. Here we are some years from 2011, and I think collectively we can do a better job to communicate with those victims and survivors, to manage expectations, but also, within the confines of confidential criminal investigations improve communications and also here, from them regarding what their concerns are. Their views and concerns can be presented to the Court, but we also have a responsibility to listen more effectively.
For the victims and survivors, I think there’s a lot that could be said, but in this forum, if I may, Madam President, I’d like to take the opportunity for thanking them for their outstanding steadfastness and for their patience. I hope we will do better, I hope we will accelerate our work. But I think it is really outstanding, victims and survivors everywhere actually, that I’ve seen, not just in Libya, despite having lost almost everything, in many cases, they have this remarkable belief, sometimes in the face of what they see that justice is not going to be an illusion but can be rendered something that is effective and solid and meaningful to their lives.
The third pillar, actually, and quite obviously, is better close engagements with the Libyan authorities. And I’m trying to set out in the report and we also had very good discussions today with the Excellency, the Ambassador of Libya, how we can partner with Libya and improve our lines of communication. So it’s not a favour of the Prosecution. The clear foundation of the Rome Statute is built on complementarity, that justice is best done at home. And only when a state is unwilling or unable does the Court come into play. So I really want to look at ways in which we can assist technically and also improve communications regarding what is needed, what are the gaps to help national proceedings take the strain of responsibility ever more effectively. And wherever any national authority, any authority at all, is willing to step up, the Office should be very delighted and pleased to support that rather than cling to a particular case, and I look forward to moving and exploring those options.
But the corollary of that is also the case that if a situation or if a country is not willing or is not able, I can’t be derelict in my non-derogable obligations to act in accordance with the Rome Statute and, in that process, to investigate incriminating and exculpatory evidence equally. Further to that, I’m hoping in the next period to have both high level interactions with the Libyan authorities and also create a more systematic and structured approach to working level discussions between my Office and the Libyan authorities so that we can move things forward. And I hope a new Memorandum of Understanding could be devised over the next period. I’d hoped to go to Libya in this reporting period. But with a number of issues, schedules, logistics, but also the elections, I took advice and then it wasn’t possible, but I hope in this reporting period, I will be able to go to Libya and move things forward with their assistance more effectively.
We have already had discussions at a technical level regarding helping the Libyan authorities and also having the capacity in terms of forensics, in terms of mass graves and moving that forward. It was raised by the Ambassador, the Permanent Representative this morning and I also followed up on that and those discussions have had taken place. And also the assistance of the United Nations Mission in Libya (UNSMIL) is also extremely important. My Deputy has spoken in the last two weeks with the Secretary General Special Adviser on Libya, Stephanie Williams, and I think we will try to work respecting the different mandates with United Nations where possible and so we can do a better job.
We can’t obviously view the objectives of the ICC as bringing everything to The Hague. I’ve said repeatedly the ICC is a Court of last resort, that’s a common ground and The Hague should be a city of last resort. But we need to find more creative, imaginative and effective methods to get evidence to courtrooms wherever they are. For me it really doesn’t matter if there’s the ICC flag behind a judge or if it’s a domestic flag. In fact, very often the latter is preferable. I think this is part of what I’ve described as redefining success: It’s a way of us not being beneficiaries only of the information that we receive from States or that we collect on our own investigation. It’s a renewed impetus to try to receive evidence, use it for our own case, but also give it to national authorities to use, to assess and to narrow what is far too frequently an impunity gap.
I think we’ve already had some concrete examples of effectiveness in that regard, and I’ve mentioned in the last briefing in terms of the migration issue, the partnership with the Netherlands, the United Kingdom and Europol and Italy. The fact that the Dutch, the Kingdom of the Netherlands managed to charge and bring cases in terms of crimes linked to the migration issue. I think we need to look into the ways of widening that and feeding more information to national authorities. The idea somehow that the ICC is an apex criminal court is not a sound one. It is far better, in my view, to view it as a hub. And every national authority is a spoke in that system that allows the wheel of justice to move more effectively and overcome the bumps that exist in every jurisdiction. I think of it as a two way street of us getting evidence, conducting investigations, analysing it with technological tools and experts in the Office, using it but also sharing it, is one that will give value for money, it’s one that’s going to be effective and ultimately it will be more effective for victims and survivors.
I think, Madam President, the binding realities that in these types of crimes we simply can’t act alone. It’s hubris to think that the ICC or any national authority very often can act alone when the crimes that seem to have taken place could constitute a genocide or crimes against humanity or war crimes. Structures are broken. Structures cannot operate. Witness protection becomes a real issue in so many parts of the world. And the way to improve and bend the arc towards justice is by working together independently, effectively, testing evidence received from any source, trying to make sure evidence is reliable. And there’s many tried and tested forensic means to do that. But if we do so, I think we can fulfil our mandate with ever greater efficiency.
This report is perhaps characterised by a number of things, but what I’ve tried to do, what I will always endeavour to do to the best of my ability however limited is to be candid. There are challenges, the political situation, the security situation in Libya, that the Libyan authorities are dealing with is difficult. It’s dynamic, it’s challenging. Of course, it has implications to investigations. But there’s always different means, with good will, with imagination to try to make sure things move forward effectively.
I have tried to be transparent in this report, I’ve set benchmarks. I will continue to set more benchmarks so that hopefully we can ensure that the important responsibility given by this Council in Resolution 1970 is vindicated and even more importantly, that the victims and the survivors are not an afterthought. That we put them centre stage and make sure that their rights are properly and fully vindicated to the best of our abilities. Thank you so much.
ICC Prosecutor’s closing remarks and observations on the occasion of the Situation in Libya to the United Nations Security Council
Madam President, I am most grateful, and I am grateful for the contributions and observations, words of support and indeed – even the words of concern that have been raised and I am grateful for the opportunity to clarify or further explain a few matters. I think based upon any analysis, the International Criminal Court can only be viewed as an awful testament to the continuous proclivity of mankind to wreak havoc and cause untold suffering upon the most vulnerable children, women and men. I would like to, and of course there is a lot of blame to go around every country; my office, all of us are flawed beings. But that is not really the question. The question is whether or not we want to live in a world where justice prevails or we can somehow sleep and tolerate and accept a world in which so many are in physical agony and emotionally distraught.
My learned friend, the distinguished delegate of the Russian Federation referred to the Situation in Libya, and really, who is to blame for the continuous groans of agony that still reverberate from that troubled land? This is of course an open question. And the question is, who is responsible? Well, The Rome Statute gives clear jurisdiction to us in relation to matters that are referred. The Charter of the United Nations is the principal foundation of world affairs. And it makes it clear that this Council has principal responsibility for maintaining international peace and security. So I think it’s very important to bear in mind that whilst we have and I have tremendous respect for the promise of this Council, tremendous respect for the purpose of this Council, and I respect all the distinguished members here. I think like many of just normal people, there is a understandable frustration that all around the world, away from sophisticated capitals and cities such as New York or beautiful rooms such as this, we still tolerate a world where we are deaf and we wilfully shut our eyes to the agony of so many others.
There was a question raised Madam President regarding focus. I am a lawyer, not a legislator. And I hope I will never be in a position to knowingly violate the law, and certainly I will never arrogate to myself authorities that are not vested in me. In the clear language of paragraph 6 of Resolution 1970, that holds the answer to the distinguished delegate’s question because it clearly states that, ‘[t]he Council decides that nationals or former officials or personnel from states outside the Libyan Arab Republic which is not a party to the Rome Statute shall be subject to the exclusive jurisdiction of the state.’ I follow the law and the Council creates the law in terms of the parameters of a referral.
The other part I really want to emphasise if I may. And perhaps on that if I may permit it my late father from Pakistan. He used to always have a saying when we were squabbling as children that, “when you point a finger, there are three pointing back at you.” It is very easy with the history of humanity to engage or be indulgent in the blame game. “You did this and you did that,” it’s all true perhaps. But is it an excuse for us not to try to raise our gaze collectively to higher values and higher principles and for goodness sake with respect? If we can’t do that in a building such as this, what is the hope? The distinguished delegate of India and I think it’s an important point, recalled certain concerns that seems, he thought, to be vindicated by the International Criminal Court and the lack of peace. And I think it’s important also to realise that and grasp and accept the reality that justice anywhere and international justice in particular, is not a silver bullet that will solve every malady that afflicts humanity. If one expects that to be the case, we are going to keep failing and putting expectations which simply cannot be fulfilled.
The more appropriate question I would suggest is whether or not but for the International Criminal Court, peace and justice would have fallen like mann-o-salwa on the people of Libya. And the simple truth is this Council, the region and Libya itself has somehow not managed to help secure peace. I think the final comment from the distinguished delegate from Ghana really must be the last word. But the question really is whether or not collectively we give value. We really care for children, for women, for men that just want to live their lives and keep on suffering time and time again. And the words of the distinguished delegate I think resonate far more eloquently than I could ever attempt, “That impunity when committed cannot be allowed to stand.” That’s why we have an International Criminal Court and this is why we try to get to the truth to vindicate the rights that we should all individually, regardless of politics, hold dear. Thank you so much. |
What great joy! the Residentie Orkest‘s first post-Corona lunchtime concert was by chief conductor Anja Bihlmaier at Amare theatre on Friday 22 April 2022.
Amazing to see, with all the hustle and bustle going on in the centre of town, hundreds of people separate themselves from it all and enjoy a noon concert in all serenity.
The concert featured the following parts. A performance by violinist Simone Lamsma, Maurice Ravel’s rapsody, Tzigane and part of Symphony 2 by Sibelius
After the performance the Business Circle had arranged a Meet & Greet. Mr Jan Linssen chairman of the Business Circle, introduced Anja Bihlmaier and briefly interviewed her. Anja Bihlmaier explained how a program is put together, she describes it as a collective effort.
Ask what distinct a Dutch audience from a Scandinavian, Spanish or other public, Bihlmaier responds the Dutch quickly get on their feet to applaud. Scandinavians are more reserved, the Spanish are jubilant.
Feedback from the audience is indispensable and motivates them to carry on. Anja Bihlmaier freely mingled with the Business Circle members. The pleasant get together concluded with a lunch buffet.
The Residentie Orkest envisage several special events this spring.
By Nicolas Boeglin
On April 20-22, 2022, the first meeting of States Parties to the Escazú Agreement (or “COP1” for “Conference of Parties 1“) was held in Santiago, Chile (see details here and some pictures here). The place chozen for this first COP has to do with the localisation of the Head Quarters of the United Nations Economical Commission for Latin America (better known as ECLAC in English, CEPAL in Spanish).
The Escazú Agreement (see full text in English, French and Spanish) was adopted in Costa Rica in 2018, after an extremely long negotiation process.
Its official name is “Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean” (see final the Acta Final of the ninth round of negotiations, held in March 2018 Costa Rica).
A Bureau that completed its task in Chile
This last document quoted specifies that the Bureau of the Negotiating Committee will remain integrated until the first COP: this Bureau is composed of Chile and Costa Rica, as co-chairs, as well as Argentina, Mexico, Peru, Saint Vincent and the Grenadines and Trinidad and Tobago.
Adopted in March, and as co-chairs of the negotiations process, both Chile and Costa Rica celebrated the International Environment Day in June 2018, and stated in a joint Declaration (see full text) that:
“Both co-chairs invite all thirty-three governments in the region to sign this important treaty and contribute to a more comprehensive protection of the environment and the strengthening of human rights through its implementation. Likewise, they reiterate that the Escazú Agreement inaugurates, from the particularities of Latin America and the Caribbean, a new standard for the construction and consolidation of environmental democracy. Costa Rica and Chile firmly believe that the early entry into force of the Escazú Agreement will be an unequivocal sign of our region’s vocation to make progress towards meeting the Sustainable Development Objectives of Agenda 2030 and represents an important contribution to multilateralism“.
A Bureau co-chaired by two States that four years after its adoption still have not ratified the Escazú Agreement and one of them signed it only last March 18? This is unfortunately the spectacle – somewhat peculiar – offered to the region and the world by Chile and Costa Rica. On Caribbean side, it must be added that Trinidad and Tobago has not (still) signed the text.
This regional instrument extremely innovative from different perspectives (Note 1) has been signed to date by 24 Latin American and Caribbean States, of the 33 belonging to the United Nations Economic Commission for Latin America and the Caribbean (ECLAC): of these 24 States that have signed it, 12 have already ratified it, the last ones to do so being Argentina and Mexico (January 2021). Chile recently (March 2022) began its accession process to this regional treaty; Costa Rica continues to raise very valid questions (Note 2). To be clear, of the aforementioned Bureau, only Argentina, Mexico and Saint Vincent and the Grenadines are States Parties to the Escazú Agreement.
To complete the picture of signatures, ratifications or future accessions, the following States are absent among signatories of this regional treaty: Bahamas, Barbados, Belize, Cuba, El Salvador, Honduras, Surinam, Trinidad and Tobago as well as Venezuela.
This meeting in the Chilean capital, attended by the 12 States that are already Parties to the Escazú Agreement (see official status of signatures and ratifications), coincided with the celebrations of International Mother Earth Day (April 22) and was accompanied by a list of side events (see official list) organised by academia and civil society that were extremely varied and very diverse: in a way, the Chilean capital was dressed in green and hope, and this after many years.
A celebration for very diverse entities
As it is known, the Escazú Agreement was adopted in Costa Rica on March 4, 2018, the date of March 4 being chosen as a region-wide tribute to the birthday of Berta Cáceres, Honduran Lenca leader, assassinated in 2016 (see Amnesty International press release published -in Spanish – in March 2022 on the commemoration of 6 years since her assassination and – in English– in March 2021, on the commemoration of 5 years).
In the framework of the celebrations observed in Chile on April 20-22, 2022, the “Legislators for the Environment” circulated a strong call to their colleagues in Latin America who have not yet managed to approve this innovative regional instrument, among many initiatives of very diverse nature including those of several NGOs and regional organisations of indigenous communities (see official list of documents that circulated in the section “Insumos del público / Inputs from the public“).
The official delegations of Costa Rica and Chile, as well as those of Brasil, Colombia and Peru, participated in the meeting as observer States, invited to attend the event: concerning the participation of Colombia, through its ambassador in Santiago de Chile – a very well known person for activists and street protesters in Colombia as well as relatives of those killed and injured in protests in Colombia in 2019 and for Colombian NGOs in favour of Escazú (Note 3)- we refer our esteemed readers to this interesting note published in the Colombian press (El Tiempo, edition of 04/23/2022). Days after this note was published, the European Union (EU) Commissioner for the Environment in person, during his visit to Colombia, indicated (see note in El Espectador of 04/28/2022) that:
“On a continental scale, I believe that the Escazú Agreement is a great step forward for Latin America and the Caribbean in the area of environmental and human rights policies. We will lend our full support to projects that facilitate its implementation. And we certainly hope that the Colombian Congress will ratify it as soon as possible” / Free translation by the author of “A escala continental, creo que el Acuerdo de Escazú es un gran paso adelante para América Latina y el Caribe en el ámbito de las políticas medioambientales y de derechos humanos. Prestaremos todo nuestro apoyo a los proyectos que faciliten su aplicación. Y por cierto, esperamos que el Congreso colombiano lo ratifique lo antes posible“.
It is quite feasible that, if the outrageous level of violence against physical integrity and lives of community leaders, peasants, environmentalists and indigenous people who raise their voices in some Latin American States (starting with Colombia) continues, the EU will have to consider the idea of conditioning some of its actions in the Americas with the degree of compliance with the Escazú Agreement. It is not yet known what effect on EU’s policy could have the fact that main corporative chambers of some tropical products an fruits oppose a regional treaty that seeks to protect the rights of those who defend the environment.
It should be recalled that the 2018 Escazú Agreement follows closely in its content and internal structure the Aarhus Convention, adopted for Europe in 1998 (and which never drove away foreign investment or caused negative effects on European economies), with three main pillars: the first pillar of Aarhus establishes a set of rules and requirements for State´s authorities concerning the disclosure of environmental information; the second pillar seeks to establish a legal framework for citizen participation in environmental decision-making; and a final pillar deals with the right of individuals or groups to have recourse to an effective justice on environmental issues, particularly when non-compliance with the legal obligations set out in the first and second pillars is observed (Note 4).
As a point of detail on Colombia, a few days after the conclusion of this first COP, in Colombia a first move was registered in its Senate, regarding the approval of the Escazú Agreement (see note of ElEspectador of 04/26/2022). The coincidence of this decision with the presence of the high emissary of the EU may remind some of the fact that during the COP26 in Glasgow, the President of Colombia “submitted” urgently the Escazú Agreement to the Congress as a matter of priority, to then ignore its fate (see press release of ElTiempo, edition of 11/1/2021).
Environmental defenders in the spotlight
This very first formal meeting of the Escazú Agreement reaffirmed the importance of provisions that seek to protect environmental defenders in Latin America and the Caribbean: as it has been written and publicised since its adoption, the Escazú Agreement is a pioneer in the world, being the first international instrument in the entire history of international human rights law containing a provision (Article 9) that seeks to protect environmental defenders. This specific provision is due to a joint initiative of Chile, Costa Rica, Panama, Paraguay and Peru, which shaped what became Article 9 of the Escazú Agreement adopted in 2018 (see the official note – in Spanish- presented by this group of States to the other delegations during the negotiation process): a provision that is fully in line with the jurisprudence of the Inter-American Court of Human Rights (Note 5).
Very recently, on United States´s State Department DRL website publication (see it here) , it has been written that:
“In 2020, Global Witness and its partners documented 227 murders of land and environmental defenders around the world, making it the deadliest year on record for advocates seeking justice in environment matters. Nearly three quarters of these killings (165) took place in Latin America, with Colombia, Mexico, Brazil, and countries in Central America accounting for most of them. Available data also reveals the disproportionate number of attacks targeting indigenous peoples who often live in remote locations and have limited access to resources to seek justice and redress. Additionally, women environmental defenders face intersecting and reinforcing forms of discrimination and violence rooted in misogynist gender norms and socioeconomic and political marginalization, which create additional barriers to participation in decisions impacting their communities“.
At the meeting in Santiago, Chile, the Office of the United Nations High Commissioner for Human Rights and the Inter-American Commission on Human Rights jointly reiterated the urgent need to protect environmental defenders and to implement the Escazú Agreement without further preludes (see joint communiqué, in English and in Spanish, poorly publicised in the press), stating that:
“It is worth stressing that the Escazú Agreement is a powerful instrument to prevent conflict by improving access to participation, information, and justice on environmental issues. The Escazú Agreement is a milestone, because it stresses protection for defenders and their role: its spirit reminds us that, to protect the environment, we need to start by protecting the people who defend it“.
The head of the Office of the United Nations High Commissioner for Human Rights stated at the closing ceremony of the meeting that:
“The Escazú Agreement is undoubtedly a milestone because the protagonists are the defenders. We could summarise the spirit of Escazú by saying that if we want to defend the environment we must begin by protecting those who defend it. However, according to data from our office, three out of every four murders of people who defend the Earth and the environment currently occur in Latin America and the Caribbean” / Free translation of the author of “El Acuerdo de Escazú es sin duda un hito porque los protagonistas son las personas defensoras. Podríamos resumir el espíritu de Escazú diciendo que si queremos defender el ambiente debemos iniciar por proteger a quienes lo defienden. Sin embargo, según datos de nuestra oficina, tres de cada cuatro asesinatos de personas defensoras de la Tierra y el medioambiente ocurren actualmente en América Latina y el Caribe” (see ECLAC final communiqué in Spanish).
The protection of environmental defenders was also the subject of a draft decision (see full text of the Conference of the Parties, which reads – resolution point 4) that:
“4. Invites the Parties and all countries of the region to increase their efforts to develop and strengthen all necessary measures at the national level to guarantee the rights of human rights defenders in environmental matters ” Free translation translation of the author of “4. Invita a las Partes y a todos los países de la región a incrementar sus esfuerzos para desarrollar y reforzar todas las medidas necesarias a nivel nacional, para garantizar los derechos de las defensoras y los defensores de los derechos humanos en asuntos ambientales.”
This invitation is already made, and not only to the States Parties, but also to the other States that are not yet Parties. From this perspective, it is worth noting the adoption in Peru a year ago, on April 22, 2021, of Supreme Decree 004-2021 (see full text) of the Ministry of Justice, establishing a mechanism for the protection of human rights defenders, including environmental defenders (see also this press release published in Actualidad Ambiental): this is a very first initiative of a State that is not yet a State Party (Peru has signed the agreement, but its approval in Congress has been shelved due to pressure from various corporative sectors, including military), and which has already established a public policy in line with the objectives of Escazú. This kind of initiative deserves to be strengthened and replicated in various parts of the American continent.
It is also worth mentioning that a State that is a Party to the Escazú Agreement, such as Nicaragua, has registered a series of murders of Mayagnas community and indigenous leaders (see article in La Vanguardia of 19/03/2022, this FIDH report of 2021 and this extremely complete report of December 2021 of the digital media Divergentes entitled “Journey to the hell of the Mayagnas. “Here a pig is worth more than one of us!” “) without knowing of a single State initiative to stop and investigate these assassinations.
The other called “draft decisions” of this first COP on procedural and financial matters are all available at this official ECLAC link (see documents in English and in Spanish). It was also agreed that the second COP will be held again in 2024 in Chile, with an intermediate meeting to be held in Argentina in 2023, reaffirming Chile its undisputed leadership in Latin America on environmental and human rights issues.
Some interesting details about the States Parties
The Conference of the Parties (or “COP”) brought together official delegations from the following States: Antigua and Barbuda, Argentina, Bolivia, Ecuador, Guyana, Mexico, Nicaragua, Panama, St. Kitts and Nevis, St. Vincent and the Grenadines, St. Lucia and Uruguay, the latter being the State that presided over this first COP.
In this interview conducted by the media Diálogo Chino (and published in the edition of 27/04/022), the first impressions of the Uruguayan diplomat who served as President of this first COP of the Escazú Agreement can be read.
It should be noted that some States Parties began with a rather surprising proposal: Bolivian NGOs had to make their authorities reconsider their proposal for limiting the participation of civil society in the framework of this summit. Something totally unacceptable and finally rejected by all other States Parties (see the communiqué reproduced in this note from the Peruvian digital media Servindi).
For the moment, the COP of Escazú Agreement didn´t not include the formal participation as States Parties of the two States that promoted it during the previous phase of the negotiation that culminated in March 2018 with the adoption of the final text of the treaty: Chile and Costa Rica. An absence that we already had the opportunity to analyse (Note 6) and that deserves an update.
The case of Chile: a coming rectification very soon
As it must be recalled, on March 18, the new President of Chile signed the Escazú Agreement, thus launching the campaign for Chile’s prompt approval and ratification of the Escazú Agreement. In his official statement (see full text in English), we read that:
“this agreement represents a milestone on the road to a new relationship between the State and its inhabitants in environmental matters, and it requires a commitment from everyone. We are faced with the challenge of building a new model for development that will allow us to live in a healthy environment, develop in a more sustainable way, conserve our biodiversity, stop land degradation, adapt to climate change, and build a country in which our children can grow up safe and happy“.
In a very emotional ceremony, the highest Chilean authority also stated (see this CNN Chile report) that “We have taken longer than we should have“, thus allowing Chile to amend an astonishing reading error of his predecessor in office, who stubbornly presented indefensible and unsustainable “arguments” for not signing this important regional international instrument. As of this date, the two chambers of the Chilean Legislative branch are both dedicated to the early approval of this instrument (see this article of El Desconcierto, edition of 18/03/2022), so that Chile may rectify as soon as possible the total incoherence of the previous administration.
This wonderful ceremony at the Palacio de la Moneda in Santiago allowed to close the sad parenthesis for human rights and the environment that meant for Chile the period (2018-2022), and to open a new stage that reaffirms its undisputed leadership in the region in environmental and human rights matters.
As a point of detail remaining to be clarified in Chile, the following episode deserve to be mentioned: in the face of strong criticism from the social and academic sector in Chile against the alleged “reasons” put forward (in a light and evasive manner) by its authorities since 2018 for not signing the Escazú Agreement, in September 2020 a “documento” (see full text) without signature, nor indication of the departments from which it originates, nor consecutive number, nor other details that any good public administration includes in any of its offices, was disclosed by the Chilean authorities, reaffirming their “reasons” justifying, according to them, the non signature by Chile of Escazú Agreement. Instead of the signature, in the final part of the “documento“, our readers will notice that it simply says “Ministerio del Medioambiente – Ministerio de Relaciones Exteriores” (Ministry of the Environment – Ministry of Foreign Affairs). Who drafted it? Who devised and ordered such originality to present untenable arguments to public opinion? It is all a mystery to date in Chile.
The case of Costa Rica: a sky full of storm clouds
With regard to the other State that co-led with Chile the negotiations of the Escazú Agreement for long 5 years, 7 months and 7 days, Costa Rica, the situation is quite different: to an Executive Branch that is not very consistant and committed to the Escazú Agreement, and to a Judicial Branch stubborn in unnecessarily complicating its approval, we must add a Legislative Branch in which its current congressmen (who began work in May 2018 until next May 2022) have been pressured by the Costa Rican business chambers, who since 2020 have opposed the Escazú Agreement head-on based on so-called “arguments” (Note 7).
Concerning the Judicial Branch, to date, neither in the 12 States that have already ratified the Escazu Agreement, nor in Peru (see official document), nor in Chile has a Judicial Branch “discover” an argument as strange as the one found by the Costa Rican Judicial Branch: according to its “Corte Plena” (Supreme Court session with all the judges of the different Chambers sitting), and then according to 6 judges out of 7 that make up the Constitutional Chamber (see decision 06134-2020 and in particular the dissenting vote of Judge Paul Rueda), paragraph 5 of Article 8 of Escazú Agreement would oblige the Judicial Branch to have additional economic resources to those it has for its implementation.The other human rights treaties that contain a very similar provision have never been the subject of such a “discovery” by the Judiciary when examined in Costa Rica: an explanation and clarification from the Corte Plena would be more than welcomed.
Recently (February 25, 2022) the National Chamber of Pineapple Producers and Exporters (CANAPEP), the National Banana Corporation (CORBANA) and six other national chambers, several of them linked to the Costa Rican agro-export sector, reiterated to the deputies their firm opposition to the Escazú Agreement (see full text of the letter) stating that:
“said Agreement contains unconstitutional flaws, inaccuracies and substantive errors that are highly risky for the stability of the productive sector” and concluding their letter by requesting that “the rejection of project 21. 245, due to the risks it represents for the competitiveness of the private sector and for being highly inopportune for the country” (free translation of the author of “dicho Acuerdo contiene vicios de inconstitucionalidad, imprecisiones y desaciertos de fondo altamente riesgosos para la estabilidad del sector productivo” and ” se proceda con el rechazo del proyecto 21.245, ante los riesgos que representa para la competitividad del sector privado y por resultar altamente inoportuno para el país“.
In this regard, it should be noted that several attempts to publicly discuss these alleged “arguments” (in April 2021 with a public debate sponsored by the Costa Rican digital media Delfino.cr, in May 2021 with a debate organized by the UCR, and in June 2021 a forum organized by the College of Biologists of Costa Rica) with academics and specialists in environmental matters have failed. It seems that sending communiqués to congressmen against the Escazú Agreement and constantly avoiding public debate on its supposed “arguments” seems to be the trend of some sectors in Costa Rica. However, some Costa Rican jurists have devoted themselves to decipher and explain the scope of these true “myths” and what they call “fallacies” on Escazú that have circulated in some corporative sectors (Note 8).
Taking into consideration the US State Department´s programme before mentioned, its programme officers could also include a very specific training programme to explain the importance of Escazú Agreement to political and economical circles usually very close to US embassies in Latin America: this kind of initiative would also help the region to better protect its environmental defenders. In Costa Rica, the Costa Rican – American Chamber of Commerce (AMCHAM) has also opposed the Escazú Agreement approval by Congress (see this press note of La República of April 24, 2021).
A documentary of the University of Costa Rica (UCR) from 2021 entitled “UCCAEP and the Escazú Agreement /UCCAEP y el Acuerdo de Escazú” portrays quite comprehensively the position of these chambers and some of their political cards (see video availabe in You Tube); this video was completed by another on environmental defenders entitled “The Escazú Agreement and environmental defenders / El Acuerdo de Escazú y los defensores del ambiente” which is also recommended (see video) and which includes an interview with an indigenous leader assassinated in February 2020 in Costa Rica and a leader who has been denouncing the senseless expansion of pineapple in the Guácimo region for many years. In 2019, a very complete report published in the Costa Rican media Delfino.cr, whose reading is recommended, evidenced the scope of the negative effects of pineapple in Costa Rica (about which the authorities and several press media conveniently omit to refer). For some reasons that are not very clear to us, these two videos that were produced in August 2021 from the Vicerrectoría de Acción Social (VAS) of the UCR – and which include an interview with the Rector himself – are still waiting (still) to be disseminated by the institutional networks of the UCR.
As for the electoral result in Costa Rica last April 2022, it indicates that the possibilities of seeing the Escazú Agreement approved soon have been fading away. In recent days, a very complete article published in the digital media Divergentes (edition of 04/19/2022) on Costa Rica and the Escazú Agreement (whose reading we recommend) showed the great debt that Costa Rica has accumulated in relation to another sector, whose legitimate claims were totally ignored by both contenders during the second electoral round: the Costa Rican indigenous communities.
On March 4, the date on which the Escazú Agreement celebrated its fourth anniversary amidst a notorious silence in Costa Rica, both in the media and in others sectors, we indicated (see our note) that Costa Rica was still in time to reconsider the fact that it is not a State Party to the Escazú Agreement.
A few days after, an important event (see final press release) took place in Costa Rica, held by ECLAC itself on March 8, 2022 on the Escazú Agreement: CABEI, IDB, EIB, World Bank and OECD were associated for this occasion in order to explain the scope of the Escazú Agreement to the delegates from Latin America and the Caribbean present at the meeting, including representatives of Costa Rican business chambers (see link with invitation and detailed program). For some reason that, from our point of view, should be explained and made known – or at least investigated -, both the ECLAC press release (see full text) and the official communiqué of the Costa Rican Ministry of Foreign Affairs (see full text) on this important meeting went totally unnoticed in the Costa Rican media.
On silences and questions thrown into the air without answers in Costa Rica
Beyond the silences that sometimes seem to be achieved in the Costa Rican media spectrum, recently, from the Costa Rican digital media Delfino.cr, we asked some very simple questions to various Costa Rican business chambers and their political tokens (see our article): questions that, to date, have not received answers. It seems that discussion and debate are not the way to be used for some people in Costa Rica. We have recently asked them again in the very same Costa Rican media (Note 9).
What is noteworthy is that we are not aware of any business chamber that has publicly denied or modulated the assertions against the Escazú Agreement made by several of its influential counterparts: it would seem that we are facing something more than a simple trend, and that would (also) deserve to be investigated. It is also worth noting that the Costa Rican authorities in charge of foreign trade and the economy – as well as of environment – have felt no special need since 2018 to publicly take their distance with these assertions, particularly regarding the alleged negative effects on foreign investment that the approval of the Escazú Agreement would have.
In an article published last March 18 in Costa Rica (see article of Semanario Universidad), date on which is also commemorated, in Costa Rica, the death of Sergio Rojas, an indigenous leader murdered in Salitre on March 18, 2019 (see article published also in Semanario Universidad), we pointed out that:
“For those who, in Costa Rica, but also in Colombia, in El Salvador, in Honduras, in Paraguay and in Peru continue to doubt the Escazú Agreement, they will be able to observe that as of tomorrow, foreign investment will not flee Chile, nor will legal insecurity be created, nor will the reversal of the burden of proof in environmental matters invade Chilean criminal law, calling into question the principle of innocence and the rule of law. None of what the business chambers foresee will happen if Costa Rica ratifies the Escazú Agreement was observed in any of the 12 States that have already ratified the Escazú Agreement: neither in Argentina, nor in Bolivia, nor in Ecuador, nor in Mexico, and much less in Panama ” (free translation of the author of “Para quienes, en Costa Rica, pero también en Colombia, en El Salvador, en Honduras, en Paraguay y en Perú siguen dudando del Acuerdo de Escazú, podrán observar que a partir de mañana no sale huyendo de Chile la inversión extranjera, ni se crea inseguridad jurídica, ni la inversión de la carga de la prueba en materia ambiental invade el derecho penal chileno poniendo en entredicho el principio de inocencia y el Estado e Derecho. Nada de esto que prevén las cámaras empresariales que va a ocurrir si Costa Rica ratifica el Acuerdo de Escazú se observó en ninguno de los 12 Estados que ya han ratificado el Acuerdo de Escazú: ni en Argentina, ni en Bolivia, como tampoco en Ecuador, ni tampoco en México, y mucho menos en Panamá“.
First effects of the COP ?
As said before, just a few days after the conclusion of this first COP, a first advance was apparently registered in Colombia’s Senate, in relation to the approval of the Escazú Agreement (see note from ElEspectador of 04/26/2022). Is it a real direct effect of Escazú s first COP, or a simple political move due to the presence of the higher ranked EU official on environmental issues in these days in Colombia?
In Costa Rica, no initiative has been observed in Costa Rica by its outgoing legislators (at office until April 30, 2022) in relation to the Escazú Agreement. The newly elected environmental authorities, whose designation has provoked strong reservations in the environmental sector (see note from Semanario Universidad of 04/22/2022) are apparently already straining (unnecessarily) relations with several environmental groups due to some of their statements (see note from Surcos Digital of 04/26/2022). Regarding news from international agencies, this cable from the Spanish agency EFE illustrates from its very title the total inconsistency that Costa Rica exhibits before the rest of the international community.
More generally speaking, in relation to Costa Rica but also to the other States in Central America (Guatemala, El Salvador and Honduras), in South America (Brazil, Colombia, Paraguay, Peru and Venezuela) and in the Caribbean (Bahamas, Barbados, Cuba, Haiti, Dominican Republic as well as Trinidad and Tobago) that still maintain their distance from the Escazú Agreement, despite observing in some of them how leaders of small peasant or indigenous communities who raise their voices are intimidated and physically eliminated, we make our own the reflections of a valuable article written by two Chilean jurists entitled “The need for an environmental democracy in Latin America: The Escazú Agreement / La necesidad de una democracia ambiental en América Latina: el Acuerdo de Escazú ” in which they point out, with a meridian clarity that can leave no one indifferent, that:
“It has been rightly emphasized that the Escazú Agreement is both an environmental instrument and a human rights treaty. Thanks to this double dimension, the commitments that the States have assumed in favor of sustainable development -as well as those derived from international human rights law- are reinforced thanks to new standards that aspire to greater prosperity, dignity and sustainability. Undoubtedly, in the most unequal region in the world and the one with the greatest attacks on human rights defenders in environmental matters, the Escazú Agreement enjoys even greater justification” Free translation of the author of “Con justa razón se ha destacado que el Acuerdo de Escazú es tanto un instrumento ambiental como un tratado de derechos humanos. Gracias a esta doble dimensión, los compromisos que los Estados han asumido en favor de un desarrollo sostenible —así como aquellos derivados del derecho internacional de los derechos humanos— se ven reforzados gracias a nuevos estándares que aspiran a una mayor prosperidad, dignidad y sostenibilidad. Sin duda, en la región más desigual del mundo y de mayores ataques a los defensores de derechos humanos en asuntos ambientales, el Acuerdo de Escazú goza aún de una mayor justificación” (Note 10).
By way of conclusion
It is very likely that the absence of Chile and Costa Rica among the States Parties to the Escazú Agreement has influenced decision makers of other latitudes in the region, by offering its main detractors a new argument, unexpected for many. A lack of political vision in both States, whose effects transcend the borders of their respective territories, leaving in a situation of total defenselessness many environmental defenders who live a much harsher and critical reality than the one that environmental defenders face in Costa Rica and Chile.
However, in this 2022, Chile seems to be on the verge of correcting this error. We would not like to conclude these brief lines without expressing to the Chilean jurist Constance Nalegach, with whom we had the privilege of sharing several spaces and forums, in particular a recent interview on university television (see video available on You Tube), our deep admiration for her tireless work and unwavering commitment in favour of a true environmental democracy in Latin America and the Caribbean.
The Escazú Agreement and all environmental defenders in Latin America owe much to this great Chilean figure. We wish her every success in his new functions in the administration of President Gabriel Boric, whose emotional and committed speech at this first COP (see text) did not go unnoticed: we are sure that Chile will be the next State to approve this innovative regional treaty.
On May 3, 2022 (see Swissinfo note of an EFE ´s cable ), the first step was taken in this direction in Chile. On the other hand, this May 4, from Germany (see note of DW) it was reported what it has been heard in Costa Rica, which, as expected, goes exactly in the opposite direction.
– -Notes – –
Note 1: On Escazú Agreement, we refer to these two extremely comprehensive publications from Colombian and Argentinian universities: BARCENA A., MUÑOZ AVILA L, TORRES V. (editors), El Acuerdo de Escazú sobre democracia ambiental y su relación con la Agenda 2030 para el Desarrollo Sostenible, CEPAL /Universidad del Rosario de Colombia, 2021 (298 pages), full text available here; and NAPOLI A., PRIEUR M., SOZZO G. (editors), Acuerdo de Escazú : hacia la democracia ambiental en América Latina y el Caribe, Universidad del Litoral (Argentina), Colección Ciencia y Tecnología, 2020, 330 pages, full text available here. For recent articles on Escazú in English, see CIESIELCZUK J. & LOPEZ PORRAS G. “Public Participation and the Escazú Agreement: Implementation Challenges for Vulnerable Groups Amid a Global Pandemic“, IUCN eJournal, April 2021, pp 12-33, available here and PÁNOVICS A., “The Escazú Agreement and the Protection of Environmental Human Rights Defenders“, Pécs Journal of International and European Law, 2021, pp.23-34, available here. A bibliography on Escazú Agreement (thesis and academic articles) prepared by GNHRE (at the date of October 2021) is also available here.
Note 2: See BOEGLIN N., “¿Escazú sin Costa Rica? Así como lo oye, por más extraño suene“, Universidad de Costa Rica (UCR) s´website, Section “Voz Experta”, edition of May 8, 2021, available here.
Note 3: The now diplomat Guillermo Botero was Defense Minister in Colombia in 2019, an extremely tense period. After his resignation as Minister (November 2019), NGOs and social movements negotiated with Colombian authorities the conditions to put an end to massive streets protests at national level, and obtained, among others, from the Colombian Executive Branch, the signature of Escazú Agreement (December 2019). Since then, a strong campaign against the Escazú Agreement has slowed down its approval. Among many efforts to counter it from civil society, LaPulla’s talented team of Colombian communicators produced a very complete video of 15 minutes in which the various political maneuvers of Colombian political and economic sectors opposed to the Escazú Agreement are extreely well identified and explained, entitled “The new trap that congressmen want to set for us / La nueva trampa que nos quieren hacer los congresistas” (available here).
Note 4: On the relations between Aarhus (1998) and Escazú (2018), see JIMENEZ GUANIPA H., “El Acuerdo de Escazú y el Convenio de Aaarhus en el marco de la democracia ambiental“, Ideas Verdes, Heinrich Böll Stiftung /Colombia, December 2020, text available here. On the possible interaction between Aarhus and Escazú before the adoption of the definitive text in 2018, see DELZANGLES H. “L’accès à la justice dans le projet de convention sur l’information, la participation et l’accès à la justice en Amérique du sud et aux Caraïbes : analyse comparée avec l’article 9 de la Convention d’Aarhus”, in BETAILLE J. (directeur), Le droit d´accès a la justice en matière d´environnement”, Toulouse, Presses de l´Université de Toulouse Capitole,2018, pp.79-90, full text available here.
Note 5: See for exemple, among other decisions, the Inter-american Court of Human Rights indicating in 2013 that :”123. The Court recalls that there is an undeniable link between the protection of the environment and the protection of other human rights and that the “recognition of work undertaken in defense of the environment and its relationship to human rights is even greater in the countries of the region, where a growing number of threats, acts of violence and murders of environmentalists have been denounced.” In this regard, the Court considers that States have the obligation to adopt all necessary and reasonable measures to guarantee the right to life of those persons who find themselves in situations of special vulnerability, particularly as a consequence of their work, whenever the State is “aware of a situation of real and imminent danger for a specific individual or a group of individuals and has reasonable possibilities of preventing or avoiding that danger.” Furthermore, States should provide the necessary means for persons who are defenders of human rights, or who perform a public function, so that when they encounter threats or situations of risk or report violations of human rights, they can “freely carry out their activities; protect them when they receive threats so as to prevent attacks on their lives and integrity; create the conditions to eradicate violations by State agents or other individuals; refrain from hindering their work and seriously and effectively investigating violations committed against them, combating impunity” (see decision of Inter-american Courth of Human Rights on “Carlos Luna Lopez vs Honduras“, 2013, paragraph 123). See also Advisory Opinion OC-23 of 2018 of the inter-american judge of San José (see full text and particularly paragraphs 211-241).
Note 6: See BOEGLIN N., “Chile está a punto de rectificar su postura frente al Acuerdo de Escazú, mientras que Costa Rica se limita como los demás a … ¿mirar?” UCR´s website, Section “Voz Experta”, edition of March 4, 2022, available here.
Note 7: See BOEGLIN N., “El Acuerdo de Escazú: a propósito de recientes comunicados en contra de su aprobación“, Delfino.cr, edition of November 29, 2020, full text available here
Note 8: See in particular PEÑA CHACÓN M., “Desmitificando el Acuerdo de Escazú“, DerechoalDía, edition of November 28, 2020, available here; as well as MADRIGAL CORDERO P. y GONZALEZ BALLAR R., “Acuerdo de Escazú: desmitificando falacias y construyendo argumentos“, Collection of Papers “Perspectiva“, Friedrich Ebert Stiftung, August 2021, available here. A very similar effort coming from academia and civil society took place in Peru in relation with identical so-called “arguments” (see the report SPDA, “Diez mitos y verdades sobre el Acuerdo de Escazú: democracia y defensores ambientales”, available here) as well as in Colombia (see the publication entitled “Mitos y verdades del Acuerdo de Escazú” available here). An interesting exercise on the balance of information would consist, in the case of the Costa Rican press, as well as in the case of the Colombian and Peruvian press, in analysing the number of references in the main media to these efforts, to be contrasted with the number of references reproducing the so-called “arguments” against Escazú disseminated by corporate sectors.
Note 9: See BOEGLIN N., “Acuerdo de Escazú: primera COP1 (sin Costa Rica)“, Delfino.cr, edition of April 20, 2022, available here.
Nota 10: See ASTROZA P. & NALEGACH C., “La necesidad de una democracia ambiental en América Latina: el Acuerdo de Escazú“, Fundación Carolina, Serie “Documentos de Trabajo”, Number 40, 2020, p. 28. Full text available here.
Note of the autor: A Spanish version of this text is avaible here. Nota final: una versión en español de este mismo texto está disponible aquí.
About the author:
Nicolas Boeglin is a Professor of Public International Law, Law Faculty, Universidad de Costa Rica (UCR)
Interview with the Chairman of the Council of Ministers of the Republic of Karakalpakstan Mr. Kahramon Sariev.
— Kahramon Ramatullayevich, 2021 was one of the turning points in the history of the New Uzbekistan. Despite the pandemic, the country’s GDP grew by 7.4%. The contribution of the Republic of Karakalpakstan to this success is also significant. What are the results of the Republic of Karakalpakstan over the past year?
— If we pay attention to the main macroeconomic indicators of the socio-economic development of the Republic of Karakalpakstan for 2021, the following results were achieved last year: gross regional product increased by 107.4%, industrial production — by 107.4%, agricultural production — by 103.7%, construction — by 110.5% and the service sector — by 119.3%. Foreign investments in the amount of $64.6 million have been mastered in our republic. Last year, goods worth $123.7 million were exported and, compared to 2020, the volume of exports amounted to 122%, and the number of exporting enterprises exceeded 50.
— In 2021, the total foreign trade turnover of the Republic of Karakalpakstan amounted to about $657.2 million. This is 21.9% more than in 2020. In your opinion, which industries have the potential to increase regional exports?
— In 2021, exports of chemical and petrochemical products amounted to $284 million, and exports of light industry products amounted to $105 million. These industries exported goods worth a total of $389 million. In 2022, there are opportunities to increase the volume of exports of goods from these industries to $420 million.
It is also expected that in 2022 licorice root will be exported in the amount of $38.1 million (in 2021 the export volume amounted to $33.3 million), artemia cysts in the amount of $15.1 million dollars (in 2021 — $11.9 million), fruits and vegetables in the amount of $20.5 million (in 2021 — $12.2 million).
— How is tourism developing in the Republic of Karakalpakstan? Will Karakalpakstan be able to become a major center of the extreme tourism in the Central Asian region in the future?
— In recent years, much attention has been paid to tourism in our country. In order to develop this sector and attract a large influx of foreign tourists, the Government has adopted a number of resolutions, and major projects are being implemented. Like all regions of Uzbekistan, the Republic of Karakalpakstan is distinguished by its unique features that are attractive to visitors. The history, culture, traditions, as well as the unique nature and landscape of Karakalpakstan play an important role in further increasing the tourism potential of the region.
Currently, there are 33 hotels, 35 family guest houses, 16 hostels, 23 tourist class vehicles, more than 200 tourist attractions (craft workshops, amusement parks, museums, water parks and water attractions) in the region.
In accordance with the Decree of the President of the Republic of Uzbekistan dated January 27, 2022 PP-104 “On additional measures for the development of the service sector”, loans in the amount of 35 billion sums were allocated in the Republic of Karakalpakstan in 2022 as part of the family business development programme.
Thus, in 2022, 69 new family guest houses will be built in the Ellikkalin, Muynak, Chimbay, Kungrad and Khojailiy districts of the republic. At the same time, 6 dormitories, 10 yurt camps, 3 car camps, 30 eco-houses, 10 container and 10 tent camps will be organized, 10 tour operators will be created, as a result – more than 500 people will be provided with jobs.
In 2021, 200 thousand tourists visited the Republic of Karakalpakstan as a part of ecotourism. The projects of the Aral Sea, Sudochye Lake, Urga village, Nizhneamudarya State Biosphere Reserve, Ustyurt Plain, Barsakelmessky Salt Marsh, Akchakul Lake, Karatereng Lake and the Innovation Center are the ecotourism projects.
In 2022, Jasmine Gold Group LLC is implementing an ecotourism project (for accommodation of guests, food, recreation, sports, quad biking and boating) on the shore of the Aral Sea with a total cost of $4 billion sums. As a result of launching the project, 15 new jobs will be created.
— From this year the work on the makhalla method has begun in Uzbekistan. The assistants to the khokims also joined the work with local population. How do you rate their work? Which of the assistants can you note as an example to follow?
— As you know, by Decree of the President of the Republic of Uzbekistan UP-29 dated December 3, 2021 “On priority directions of state policy for the development of entrepreneurship, employment and poverty reduction in the makhalla” and in accordance with Resolution PP-31 “On measures to organize the activities of assistants to the khokims on entrepreneurship development, employment population and poverty reduction in the makhalla” the post of assistant to the khokim was established.
We have studied candidates for these positions and 424 candidates were nominated for 424 makhallas among the heads and officials working in the fields of economics, finance, tax complex, commercial banks, housing and communal services, social sphere and agriculture according to the results of the competition. Currently, 424 appointed assistants work in makhallas, and 19 heads of ministries and departments in the districts (cities) organize field work to provide them with practical assistance.
In the Republic of Karakalpakstan, in a short period of time, i.e., over the past two months, a number of measures have been carried out on the new “Makhallabay” system, positive changes have been achieved and the assistants is well appreciated. This is evidenced by the fact that the work of Bakhtiyar Menglibekov, an assistant to the khokim of the Madeli makhalla in the Buynak district, was highly appreciated, and he was appointed as khokim of the same district. Special measures have been defined for the appointment of those assistants who will achieve high results to such positions, and in the future the implementation of these measures will be ensured.
As a result of such approaches, the “Mahallabay” system, created in the regions for the socio-economic development of makhallas, expansion of family business, increase in income of the population and reduction of unemployment, will surely bear fruit.
In an interesting conversation at his residence in Port-au-Prince, H.E. Mr. Faruk Miguel Castillo, the Dominican Ambassador to Haiti, exchanged with Diplomat Magazine some insights about his mandate, the relationship between the two countries and the current situation in Haiti.
To understand Dominican-Haitian relations, we have to look at them from a geographical, historical and evolutionary perspective. These bordering countries have experienced political crises, natural disasters, an armed conflict in 1844 that resulted in the independence of the Dominican Republic, but also successful border and labor agreements, commercial exchanges and a relationship of cooperation and permanent exchange on topics that concern both countries. Between the two countries, there is always an open communication.
“We are obliged, as a diplomatic mission and as a country, to have as interlocutor the authorities in office in Haiti. Currently, the authority in office in Haiti is Prime Minister Ariel Henri and his ministerial cabinet, with whom we maintain excellent relations and constant exchanges. We also relate and communicate constantly with different political, socio-professional, cultural and business organizations, as well as with the different diplomatic missions accredited in this country. We have a very important economic and migratory relationship with this country, which is our second commercial partner. We are committed to maintain a harmonious relationship, based on agreements and on fundamental aspects of environmental preservation. It is a process that does not end, it is constant, it is lifelong” – the Ambassador said.
One of the main responsibilities of the Dominican diplomatic mission in Haiti is to give the necessary follow-up to the agreements that have been signed between the two countries. “There is an important number of Haitian workers working in the Dominican Republic in agriculture, construction, tourism, the sugar industry and many other areas of national production. This represents an important contribution for Haiti because these workers send money to their country and support their families in Haiti, but also Haiti buys many products from the Dominican Republic”, Mr. Faruk Miguel Castillo continued.
Last year, the presidents of both countries – Jovenel Moise for Haiti and Luis Abinader Corona for the Dominican Republic – met in a mountainous area of the border called Calimet and signed a nine-point agreement. Their discussions included issues related to migration, the environment, trade, border security, health, and energy issues. In this context, the Dominican Republic offered assistance to Haiti for the construction of three maternal and child hospitals. This is a sensitive issue, in light of the large number of Haitians who go to give birth in the Dominican Republic, as well as of the problems tied to human trafficking that have arisen in this context.
“With the death of the president, all these agreements were put on hold, but they must continue because they are agreements signed by both sides. We understand that the situation of insecurity that the country is living has not given them the tranquility nor the time to take care of following up on these things. But I have the certainty and the hope that this year the Haitian society will follow these agreements that will help the stability of the country” – the Ambassador said.
Another important task of the Dominican mission is to provide consular services. Currently, the mission maintains five active consulates in different points of Haiti, since the demand for visas is very large. There is a great demand for business visas, tourism visas and visas for workers who work in the Dominican Republic. There are between 10 and 12 thousand regular students going to universities and higher education centres in the Dominican Republic. In the border zone the populations are very confused: people cross from one side to the other, the border is very permeable and there are communities that live in a harmonious relationship.
During the conversation, Ambassador Miguel also explained the delicate conditions of his mandate in this country “The first thing is the state of the situation in Haiti, to know in what environment we are operating. This is a mission that I have been given in very difficult conditions, because I arrived precisely at a time when there was a lot of political instability in the country, during the government of Jouvenel Moise. During his term as president, the chamber of deputies ran out of time and was not renewed; 2/3 of the senate also ran out of time and was not renewed either, so that today only 1/3 of the senate remains. On the other hand, it is the opinion of many that they should have handed over in January. At the moment, there is no president, because as we all know, the president was assassinated in his residence on July 6 last year. Even before that, there were already problems with the Chamber of Accounts in crisis and also in the Ministry of Justice with a situation of dismissed judges”.
“The country is very divided and faces a situation of deep insecurity. The armed groups of the parties control many parts of the national territory. Even in the capital of the country, where political decisions are made, these groups show more strength than the Haitian police forces. They are heavily armed. These groups are often in conflict with each other and attack each other, they attack the population and the police headquarters, which increases the violence. Kidnappings are the order of the day, not only of nationals but also of foreigners” – the Ambassador explained.
“From our point of view, the main problem in Haiti is insecurity. Haiti must be pacified to be able to hold its elections and to be able to develop citizen life with tranquility; to make life flow normally, so that children can go to school, and common people and businesses can carry out their activities without fear of attacks by armed gangs, kidnappings or assassinations. In that sense, there have been many important advances, including meetings of traditional opposition groups seeking agreements. PM Ariel Henri has provided a space in his ministerial cabinet to the opposition and that is a big step forward, it is a unitary effort. I believe that Haiti is on track in the coming days to continue these dialogues, in order to agree on the solution to the most important challenge, which is to pacify the country and organize free democratic and participatory elections”.
The Ambassador also explained the role that his country foresees for the international community vis-à-vis the situation in Haiti. “The international community has to lend all its support so that the Haitians can reach the necessary agreements for their political stability. The Dominican Republic is and will always be in an attitude of collaboration, of cooperation, respecting Haiti’s independence and its self-determination, cooperating to the extent that Haiti requires it and requests it. In all international fora, the Dominican Republic advocates for the support that Haiti needs. We want the situation to improve in Haiti, that Haitians manage their problems and that the international community gives them the necessary means and assistance so that Haitians can manage their own problems”.
The security situation, according to the Ambassador, has strong repercussions for all other aspects of society, including in the economic sector. “At the moment, many Haitian businessmen, due to the insecurity situation in their country, are requesting to move their companies to the Dominican Republic. This is not good, neither for Haiti nor for the Dominican Republic, because Haiti needs more companies to maintain the labor market active, so that more people can find work. If the companies migrate to the Dominican Republic, there will be less job offers in Haiti, so Haitians will have to go to work in the Dominican Republic. It is better if the companies are established in Haiti, and that generates jobs, wealth and development for the country. When Haiti does well, the Dominican Republic does well too” – the Ambassador concluded.
