French Senate intensifies relations with Bundesrat President Ramelow

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French Senate intensifies relations with Bundesrat President Ramelow

Thurday, 25 November 2021, Paris, French Republic: In the French capital, the President of the German Federal Council (Bundesrat) Bodo Ramelow met his counterpart Gérard Larcher, President of the Senate of the French Republic, at the Senate’s official residence. 

With his trip, Ramelow accepted an invitation by the Senate President Larcher, and continued on the footsteps of a long tradition of mutual visits. Before the exchange was limited to contacts by telephone and video conference since 2020 due to the pandemic, the Senate President had last visited the Bundesrat in 2018 with a delegation at the invitation of the then President Michael Müller. In 2019, the then President of the Bundesrat Daniel Günther travelled to Paris. The meeting serves to foster Franco-German relations and institutional exchange between the Bundesrat and the Senate.

Bundesrat President Bodo Ramelow was welcomed to his residence with military honours by the President of the French Senate, Gérard Larcher. Ramelow serves likewise as Premier of Thuringia in Central Germany. In Germany, the federal state premiers rotate in the chairmanship of the Federal Council. 

Senate President Gérard Larcher, Federal Council President Bodo Ramelow and the Ambassador of the Federal Republic of Germany to France, Dr. Hans-Dieter Lucas, used the visit for political talks, in particularly the coordination of the pandemic, European integration, and people-to-people exchanges. 
During his visit, Bundesrat President Bodo Ramelow signed the Golden Book of the Senate. He also took part in the plenary session in the VIP gallery.

For further information

 
Governement of the Free State of Thuringia: https://www.staatskanzlei-thueringen.de/medienservice/veranstaltungsberichte/detailseite/besuch-des-senats-der-franzoesischen-republik
French Senate: http://www.senat.fr
French Embassy in Germany (HE Ambassador Anne-Marie Descôtes): https://de.ambafrance.org German Embassy in France (HE Ambassador Dr. Hans-Dieter Lucas): https://allemagneenfrance.diplo.de/fr-de/vertretungen/botschaft

International Conference on Recognition of the 1971 Bangladesh Genocide

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International Conference on Recognition of the 1971 Bangladesh Genocide

The European Bangladesh Forum or (EBF) convened in The Hague. On 30th November 2021, an international conference was held at Nieuwspoort Den Haag demanding Pakistan recognise the Genocide in Bangladesh committed by Pakistan soldiers in 1971. The documentary film ‘War Crimes 1971’ was screened at the start of the conference.

The EBF issued the following Press Release.

The Hague conference on Genocide demand unconditional apology from Pakistan for crime in 1971 in Bangladesh

The Hague : The international conference in the Hague, known as the city of Justice, demanded of the international community to recognise the 1971 Genocide in Bangladesh committed by Pakistan soldiers and put pressure on the Pakistan government to offer unconditional apology to Bangladeshi people for the crime committed against humanity during the 9-month long liberation war in Bangladesh.

The conference was organized by the Europe-based Bangladeshi diaspora organisation, European Bangladesh Forum (EBF) in collaboration with Switzerland Human Rights Commission Bangladesh on 30 November 2021 at the at Nieuwspoort, the Internationaal Perscentrum (attached to Parliament building) in the Hague, Netherlands. It may be mentioned that the Hague conference was the follow-up of the Geneva conference held on the same issue  on 30 September 2021 at the Geneva Press Club in Switzerland. A documentary film titled, ‘War Crimes 1971’was screened at the start of the conference.

It may be recalled that in 1971 Pakistan military and their local collaborators committed one of the worst mass atrocities that the world witnessed in the 20th century. The Pakistani occupation army in 9 months killed approximately 3 million people, violated over two hundred thousand girls and women and forced 10 million people to cross the border and take shelter in India. This number of people killed by the Pakistani Army is the highest in the world in such a short period of time. The 1971 Genocide by the Pakistan Army is well documented and reported in the international media and also in the diplomatic correspondences during that period.

Speakers opined that international recognition of any crime against humanity, in this case here against Bangladesh is of immense importance and absolute necessity to show respect and honour to the three millions victims and their family members by recognising the 1971 Genocide in Bangladesh. Recognition of Genocide is essential to create a world free from violation of human rights and for the the safety of our next generation across the whole world. Because, they argues, if the world community don’t recognize a crime as a crime, the world community keep the door open for that crime to happen in the future and that is exactly what is happening in Pakistan today in Baluchistan, Afghanistan and other parts of the region. Unfortunately, Bangladesh GENOCIDE has today become a forgotten chapter in the history and we know the common phrase, ‘Justice delayed, justice denied’.

Ambassador Hamidullah, with Ms. Anar Chowdhury, Board member of EBF participant.

A number of experts with international reputation working on ‘Genocide’ issue from the U.K., Hong Kong, Netherlands, Belgium, Finland, Canada and Bangladesh took part in the discussion. Besides, speakers from different ethnic groups including Afghan, Sindh, Baloch and Pashtun also spoke on the occasion. The speakers included Bangladesh ambassador in the Netherlands H.E. Mr. M. Riaz Hamidullah, Mr. Christopher A. Alexander, PC, former Canadian Ambassador in Kabul & former Minister of Canada, Prof Dr. Nuzhat Chowdhury, member of a Genocide victim family from Bangladesh, Dr. Ahmed Ziauddin, Board Member, International Crimes Strategy Forum (ICSF), Belgium, Mr Chris Blackburn, Communications Director, Swiss InterStrategy Group & ‘Friend of Bangladesh’ Award Recipient, UK, Mr. Baseer Naveed, Executive Director, International Human Rights Council, Hong Kong (Sindh),  Mr. Aurang Zeb Khan Zalmay, Editor, Pashtun Times & Researcher, Germany, Dr. Rayhan Rashid, Truste Board member, International Crimes Strategy Forum (ICSF), UK and Bikash Chowdhury Barua, President EBF Netherlands. Dr. Mojibur Doftori, writer, senior researcher & HR activist from Finland facilitated the two separate sessions while Ms. Anar Chowdhury, Board member of EBF. Director of Switzerland Human Rights Commission Bangladesh Khalilur Rahman.

Speaking on the day from Canada via on-line former Canadian Ambassador in Afghanistan & former Minister of Canada Mr. Christopher A. Alexander, PC said `1971 was not just a tragedy for Bangladesh, it led the Pakistani army to refocus its efforts away from conventional warfare and towards regular war`.`The ISI policy has been ignored for far too long and some have denied It, some have fallen victim to disinformation, some have been lobbied to turn a blind eye, but those days are ending.`

Bangladesh ambassador in the Netherlands H.E. Mr. M Riaz Hamidullah said, the first step is  `  to understand what we are here for`. And because` We live in a world of competitive issues` we have to come to the point where we say, how much, -and how far we can go.

Communications Director of Swiss InterStrategy Group & ‘Friend of Bangladesh’ Award Recipient Mr Chris Blackburn while addressing the conference said, ‘we can’t rest on our laurels, the issue of recognition for the genocide of 1971 is very important. We know that this issue has been fought over and sabotaged. Pakistan needs to apologise. As activists we need to keep having meetings like these. We need to keep informing people about 1971. We need to consolidate and make new friendships with like-minded people. Afghans, Baloch and Hazaras especially.’

International Conference on Recognition of the 1971 Bangladesh Genocide.

Professor Dr. Nuzhat Choudhury, a member of the 1971 Genocide victim family in a video message sent from Dhaka said, what the Pakistani army did with us in Bangladesh, are now doing the same thing in Baluchistan. She added, Pakistan has become the credal of terrorists, they helped the Taliban to develop. Pakistan is causing terrorism not in its own country, but it is spreading terrorism across the region particularly its Secret service ISI are still causing disruption in Bangladesh in the name of religion and their continuing to do so in the west as well.                                                          

Evaluation Results Presidential Elections Uzbekistan 2021

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Evaluation Results Presidential Elections Uzbekistan 2021

The Uzbekistan presidential elections came and went. H.E. Ambassador Dilyor Khakimov of the Republic of Uzbekistan in Brussels organized a round table conference “Presidential election in Uzbekistan, results and assessments”

The round table conference offered election observers the opportunity to report and assess their findings of the presidential election. The overall view of the observers is that voting took place in a calm and relaxed mood, there were no reports of anomalies. The atmosphere that reigned was one of a family’s day out.

The round table conference, Mr. Ravshan Mamatov, Minister Counsellor at the Embassy of Uzbekistan was the moderator of the conference. Attendees included:

– Mr. Gaspard Cratsborn, Committee Member, International Relations, JOVD, The Hague.

– Diplomat Magazine, Publisher Dr. Mayelinne De Lara, Editor Mr. Roy Lie Atjam Editor.

– Mr. Jan Leendert Reinhard, Let’s Discover company.

– Diplomatic World, Barbara Dietrich, CEO. Mr. Alberto Turkstra, Project Manager.

– Mr. Axel Goethals is CEO of the European Institute for Asian Studies (EIAS), a leading think tank, focusing on EU-Asia relations, along with some other persons.

According to Ambassador Dilyor Khakimov, observers didn’t signal major issues or irregularities.

One observer approached an individual who indicated not to cast his vote but felt very pleased with the freedom of choice.

Another observer suggested to have more grassroot initiatives, to create some space for young people hence they will not alienate from politics. There are still barriers that should be taken down.

Furthermore, an observer at the conference proposed to reduce the number of voting hours. He said the scores of polling stations had to wait for many hours before they could proceed to the counting of ballot papers. He went on to mention the option of voting by proxy to be considered and that mobile box voting should be improved. Details as the folding of the ballot papers was also raised.

All in all, the observers were pleasantly surprised by the orderly manner in which the election was conducted.

Dr. Mayelinne De Lara, Diplomat Magazine’s Publisher.

Remarks from an international monitoring mission led by the Organization for Security and Cooperation in Europe (OSCE) said on October 25 that, despite some movement in the ongoing reforms, the election was “not truly competitive.” Despite the absence of significant competition, voter turnout was strong at 80.8%.

Meanwhile, observer missions from the Commonwealth of Independent States, the Turkic Council and the Shanghai Cooperation Organization said the voting was fair, transparent, and without major violations.

Under Mirziyoyev, freedom of speech has expanded compared with the suppression of the Karimov era. In addition, some independent news media and bloggers have appeared. Mirziyoyev also relaxed the tight controls that Karimov imposed to counter dissident views on Islam in the predominantly Muslim country.

President Shavkat Mirziyoyev was officially inaugurated for his second term on 6 November 2021. The ceremony took place at the senate building in a joint session of both chambers of the Parliament.

The President will have to face Uzbek society’s growing expectations for more political freedoms.

The round table conference concluded with a networking reception and a degustation of Uzbek delicacies.

Republic of North Macedonia 30 years of independence

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Republic of North Macedonia 30 years of independence

H.E. Mr. Ramadan Nazifi, Ambassador extraordinary and plenipotentiary of the Republic of North Macedonia to the Federal Republic of Germany

The Republic of North Macedonia, a small country in the middle of the Balkan Peninsula, with its rich cultural tradition, sunny days and hospitality, this year on September 8th marked the 30th  anniversary of its independence, as a NATO member and awaiting a date for the start of accession negotiations for membership in the European Union.

It is not easy to be small and successful among the big ones, but we have been trying hard to achieve that and we are happy for that.

Thirty years ago, our citizens clearly decided to say goodbye to the old system and build a new, independent, democratic path, the benefits of which we enjoy today.

It was not easy, because we faced many challenges and obstacles, with the struggle for international recognition, wars in the neighborhood, traumatic transformation of the economy, political unrest, ethnic tensions and so on. Through the 30 years of independent existence, the country has gone through a series of problems and difficulties. The triple-digit inflation in the early 1990s, the economic embargo, the Kosovo refugee crisis and the conflict in 2001, were real challenges and threats for the young Macedonian state and slowed down its development path.

But, thanks to the wisdom and pragmatism of the political, intellectual, academic structures and institutions, as well as the wisdom and patience of our citizens, we managed to overcome all these challenges and build a successful model of coexistence, based on the Ohrid Framework Agreement and a modern constitution. Today, the Republic of North Macedonia is an example of a functional, tolerant, multiethnic, multi-religious and multicultural democratic state.

North Macedonia, with its constructive policy of good neighborliness, significantly contributes to peace and stability in the Western Balkans. This was practically confirmed with the signing of the Agreement on Friendship, Good Neighborliness and Cooperation with Bulgaria and the Prespa Agreement with Greece. In this way, we have resolved two long-standing disputes with our neighboring countries, with which we are building friendly relations today. We are also happy for the good relations with other neighboring countries.

North Macedonia has also proven to be a reliable and constructive partner in bilateral, regional and multilateral cooperation. This is happening through active participation in many forms of regional cooperation, as well as mutual support with many countries in various international organizations. Such successful cooperation was confirmed during the migration crisis in 2015.

As a result of major, successful democratic changes, reforms, and the systematic harmonization of legal provisions, the country has made significant progress in Euro-Atlantic integration and has become a member of NATO. We are still waiting for the next process, ie the start of the accession negotiations with the EU and we hope that the first Inter-governmental Conference will be held as soon as possible.

I would like to take this opportunity to thank all European Union member states for their overall cooperation and support of my country in the Euro-Atlantic efforts. This cooperation and support has been confirmed in various forms, including the Berlin Process started by Germany, as a project of political reconciliation, infrastructural connectivity, digitalization and economic prosperity of the Western Balkans region.

As Ambassador of North Macedonia in Germany, I would particularly like to thank Germany and to emphasize the professional, constructive, close and friendly cooperation with the German Institutions and authorities, chambers of commerce, think tanks, non-governmental organizations, foundations and all kinds of associations, which significantly contribute to the excellent bilateral relations between our countries and to strengthening Germany’s reputation in North Macedonia and vice versa. The Federal Republic of Germany continuously supports the realization of many projects and the overall economic and social development of North Macedonia and we are very grateful for that.

H.E. Mr. Ramadan Nazifi, Ambassador extraordinary and plenipotentiary of the Republic of North Macedonia to the Federal Republic of Germany

Chronology

The break-up of the former Socialist Federal Republic of Yugoslavia was the result of a series of political riots and clashes in the early 1990s.

After the disintegration of the former state of SFR Yugoslavia, independent states were formed, including the then Republic of Macedonia, today the Republic of North Macedonia, which this year marked 30 years of independence and independence, after a successful referendum on September 8, 1991, in which citizens declared themselves an independent and sovereign state. Over 95 percent of the citizens who went to the referendum, voted in favor of an independent Macedonia. Earlier, on January 25, 1991, the Declaration of Independence was adopted by the first multi-party Macedonian Parliament. An important step for the country was the adoption of the new Constitution on November 17, 1991.

After the declaration of independence, the statehood of Macedonia was recognized among the first by Turkey and Bulgaria, as well as Slovenia, Croatia, Russia, Bosnia and Herzegovina, and then other countries.

Following the adoption of the Declaration of Sovereignty of the State, Kiro Gligorov was elected the first President of an independent and sovereign Republic of Macedonia by the Assembly of the Republic of Macedonia, on January 27, 1991.

The country gained monetary independence with the introduction of the Denar on April 26, 1992, and then received its own Army, which celebrates its birthday on August 18.

The state International Legal Entity of the state as subject of international law was definitely confirmed on April 8, 1993, when by acclamation in the General Assembly of the United Nations, Macedonia was accepted as the 181st member of the United Nations.

Due to the disagreements of our southern neighbor, which did not accept the constitutional name of the Republic of Macedonia, the membership in the UN was under the temporary reference: Former Yugoslav Republic of Macedonia (FYROM).

Negotiations with Greece to resolve the name dispute

Over the years, negotiations to resolve the name issue with Greece periodically continued and stopped, and finally resumed in 2017. The negotiations between Skopje and Athens became topical after the first meeting of Prime Minister Zaev with the then Greek Prime Minister Alexis Tsipras, during the Davos Summit in January 2018.

Negotiations to resolve the name dispute under the auspices of the United Nations, after many years, have borne fruit and the Prespa Agreement (Agreement on the settlement of the name dispute and strategic partnership) has been reached. The agreement was signed in June 2018 on the Greek side of Lake Prespa.

According to the Agreement, Macedonia changed its name from the Republic of Macedonia to the Republic of North Macedonia, and after the signing of the Agreement followed the steps for its implementation, such as holding a referendum in North Macedonia in September 2018. Then the constitutional amendments were voted in the Assembly by a two-thirds majority, in order to change the constitutional name.

The Agreement was also ratified by the Greek Parliament, followed by the next stages provided by the Agreement and the promotion of relations between the two neighboring countries, which with the Prespa Agreement resolved the decades-long dispute and the open issue that was a barrier to the country’s Euro-Atlantic integration.

The road to NATO

Membership in the world’s largest military-political alliance, NATO, has been a strategic goal of the country since the independence. In 1999, at the Washington Summit, North Macedonia became a candidate for NATO membership.

Following the Prespa Agreement, the doors opened for its NATO membership. In July 2018, North Macedonia received an invitation from NATO to start accession negotiations. In February 2019, NATO member states signed the Protocol on the Accession of North Macedonia to NATO. Following the ratification of the Accession Protocol to the parliaments of all members of the Alliance, on March 27, 2020, North Macedonia became 30th member of NATO.

EU membership – a strategic goal

Also, EU membership for North Macedonia is a top priority and strategic goal of the country. Our expectations are that the country will finally receive a date for the start of accession negotiations by the end of this year.

The Stabilization and Association Agreement governing the country’s relations with the European Union was signed on 9 April 2001.

In 2005, Macedonia received the status of a candidate country for EU membership, and in 2009 it received the first recommendation from the European Commission to start accession negotiations with the EU.

In August 2017, the Agreement on Friendship, Good Neighborliness and Cooperation was signed between Macedonia and its eastern neighbor Bulgaria. The agreement aims to develop co-operation between the two neighboring countries, as well as to harmonize certain issues of history.

The country continues to systematically and successfully implement the reforms outlined by the European Commission in its annual reports. In the Progress reports of the European Commission in recent years, it is constantly emphasized that North Macedonia has made great progress in the implementation of internal reforms and deserves to start accession negotiations.

North Macedonia, despite the mentioned difficulties, remains on the European path, expects a soon solution to the misunderstandings and fulfillment of the strategic goals – EU membership, strengthening democracy and economic development. In fact, it is a determination of the majority of citizens and political actors in the country.

North Macedonia, despite the thorny path to independence and the obstacles so far, both internally and in terms of foreign policy and relations with neighbors, today is an example of international, inter-religious and intercultural harmony, as well as a nurturer of democratic values. It, with its famous combination of traditional and modern, reflects respect, love and tolerance, which are in fact EU values, and only such an EU has a future. North Macedonia is seen as a natural part of such a mosaic called Europe, which is home to all of us. Home to every person with human values, developed consciousness, where there is equality in diversity.

I recommend you to visit North Macedonia and I cordially invite you to see for yourself the natural beauties of my country, to taste its food delicacies and wine, to experience on the spot its hospitality, rich cultural traditions and multiculturalism. Its really worth it!

The Future of the EU: One-block or Two-blocks EU

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The Future of the EU: One-block or Two-blocks EU

By Ambassador Dr. Jožef Kunič

The movement toward unification of Europe was undoubtedly a major event in the world history of twenty century, appealing to a free and united Europe through a link between States renouncing to their absolute sovereignty. After the Treaty of Rome (1957), when the common market was achieved, single market and monetary union was achieved by Treaty of Maastricht (1992), some borders between the member states were abolished by Schengen agreements (1985) finally the Lisbon treaty was signed (in 2007, entered into force in 2009). In the last 20 years, except some minor formal reforms, no adequate measures opened the way to reshaping of the Union. The necessity of reshaping was simply not strong enough.  

At the end of the previous century political as well as economical implications made the enlargement of the Community a priority issue, finding easier to increase the membership than to improve the political profile. It was furthermore evident that the United Kingdom would have opposed any steps towards a political union.

European union was always perceived as the group of nations with the same status. They were and still are equally represented in the Council, each member state has its commissioner and has the relative number (according to their population) of their members of the EU parliament. De facto the conditions of stable and effective EU are well defined and preservable balance of power among the member states is formally guaranteed. We are talking about One – block EU.   

According to Henry Kissinger, the balance of power works best if at least one of the following conditions pertains: 

  • First, each nation must feel itself free to align with any other state, depending on the circumstances of the moment.
  • Second, when there are fixed alliances but a balancer sees to it that none of the existing coalitions becomes predominant.
  • Third, when there are rigid alliances and no balancer exists, but the cohesion of the alliances is relatively low so that, on any given issue, there are either compromises or changes in alignment.

When none of these conditions prevails, diplomacy turns rigid. A zero-sum game develops in which any gain of one side is conceived as a loss for the other. Armaments races and mounting tensions become inevitable. (Kissinger, 1994)

Considering Kissinger`s conditions for the prosperous and internationally important EU at least one of three conditions for the functioning of the balance of power among EU members should be fulfilled. Such European Union would be One-block and not Two-block EU. 

The question of the EU’s internal balance of power

Inside the EU there are some alliances where the cohesion of those alliances is relatively low so that, on any given issue, there are either compromises or changes in alignment. Just to name three of them:

Nordic Council:  The Nordic Council is the official body for formal inter-parliamentary co-operation. Formed in 1952, it has 8 members from Denmark, Finland, Iceland, Norway, Sweden, the Faroe Islands, Greenland and Åland.  

Baltic Assembly: The Baltic Assembly (BA) is regional organization that promotes intergovernmental cooperation between Estonia, Latvia and Lithuania. The organisation was formed after the decision to establish it was made in Vilnius on 1 December 1990. It attempts to find a common position in relation to many international issues, including economic, political and cultural issues. The decisions of the assembly are advisory. 

Benelux: Benelux, is a politico-economic union and formal international intergovernmental cooperation of three neighbouring states in western Europe: Belgium, the Netherlands and Luxembourg. The name was first used to name the customs agreement that initiated the union (signed in 1944).

There are some other less visible organizations among EU members, but some states do not belong to any such an alliance, for instance Ireland, Malta, Spain, Portugal, France, Germany.  

Until the cohesion of the alliances is relatively low so that, on any given issue, there are either compromises or changes in alignment, Two-block EU can not emerge. 

There were some examples of trying to establish a separate block of the EU states, sometimes with the support of some foreign country. This would lead the European construction straight toward disintegration, as some could also take advantage of it.

China promoted the idea of creating alliance 16 + 1. 16 states of central and eastern Europe (Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Estonia, Hungary, Latvia, Lithuania, North Macedonia, Montenegro, Poland, Czech Republic, Romania, Serbia, Slovakia, Slovenia) plus China would strengthen the economic links between China and central and eastern Europe. The format was founded in 2012 in Budapest to push for cooperation of the “16+1” (the 16 CEE countries and China). China was interested in investments in infrastructures, in renewable energies and in agriculture. In the 2013 heads of government of central and eastern Europe met the Chinese Prime Minister Li Keqiang.  Later this group evolved in 17 + 1, joining Greece in 2019. Although the initiative 17+1 initially had some successful projects, like railway on the line Greece-Hungary corridor and the investment in the Port Thessaloniki, EU succeeded to somehow moderate Chinese influence on the EU unity. Nations belonging to the group17+1 feel themselves free to align with any other state, depending on the circumstances of the moment. Lately, some countries are thinking to leave this alliance. In March 2021, the Lithuanian National Radio and Television (LRT) reported that in February, the Lithuanian parliament agreed to leave what was previously Chinas 17+1 format. Foreign minister Gabrielius Landsbergis said the cooperation between Beijing and Lithuania has brought “almost no benefits”. (Radio, 2021) This initiative is definitely not challenging the unity of the EU.     

The Three Seas Initiative, is a forum of twelve states in the European Union, along a north–south axis from the Baltic Sea to the Adriatic Sea and the Black Sea in Central and Eastern Europe. The Initiative aims to create an Intermarium-based (Late middle age system of governing region between Baltic to Adriatic and Black Sea) regional dialogue on various questions affecting the member states. The member states are Austria, Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia, and met for their first summit in 2016, in Dubrovnik. This initiative is supported by the USA. The Three Seas initiative brings together every year 12 member countries. The initiative is focusing on funding of cross-border infrastructure projects especially in the field of energy and transport and digitalisation. We cannot exclude the possibility that behind the idea of creating this alliance there is the idea of creating a separate block of eastern members of the EU, creating the tampon zone between the western part of the EU and Russian federation. But the cohesion of this alliance is too low to be able to lead the EU towards the Two-block EU. 

What about the Visegrád?

Visegrád: The Visegrád Group, Visegrád Four, or V4, is a cultural and political alliance of four countries (the Czech Republic, Hungary, Poland and Slovakia), all of which are members of the EU and NATO, to advance co-operation in military, cultural, economic and energy matters with one another. The Group traces its origins to the summit meeting of leaders from Czechoslovakia, Hungary, and Poland held in the Hungarian castle town of Visegrád on 15 February 1991. It is evident that under the presidency of Trump the Visegrád group was supported by the USA. The visit of Pompeo, state secretary, just confirmed it. From Biden, the newly elected USA president some expected that this policy would be changed. But nevertheless, it would be too naive to expect fast and big changes in the USA foreign policy.  

After Janez Janša became the president of Slovenian government, Slovenia became strong supporter of the Visegrad policy. At this moment it seems that Slovenia de facto became the member of this group.

Lately, countries of the Visegrád have some problems with the EU Commission and the EU Parliament, concerning the values of the EU. Due to strong pressure from specific countries, in which the effects of the corona pandemic were very grave and which were threatened with very serious economic consequences, talks on provision of assistance were organized. The main impediments to brokering an agreement were the disagreements between Netherland and Italy regarding conditioned assistance from the European Stabilization Mechanism (ESM) and the divergence of the stances of the South and the North on the issue of joint debt. Nevertheless, the EU managed to find a way to a solidarity-based assistance, and the common problem (pandemic) has at least led to some convergence of interests, if not also united member countries. However, an important element of this assistance is that some member countries strongly advocate the idea that the assistance should be conditioned with compliance with European values. 

Naturally, the accurate definition of European values is rather debatable, but it is related, inter alia, to the freedom of media, free and fair elections, rule of law, respect of human dignity and rights, etc. Although such conditions have not yet been formalized, bearing in mind the stances of the richest member countries, it is not impossible that they will be effective at the practical level. Talking about the European values, it was more than evident that it was the issue of the Visegrád countries, especially Poland and Hungary. The Visegrád alliance is somehow challenging the EU unity. In the field of the freedom of media, free and fair elections, rule of law, respect of human dignity and rights, this alliance seems to be rigid and as no strong balancer exists, so that, on those issues, there are no compromises or changes in alignment. 

The third Kissinger`s condition is not totally fulfilled and it could lead the EU towards two blocs EU. A zero-sum game may develop in which any gain of one side is conceived as a loss for the other. Mounting tensions become inevitable.

The strongest tool in the hands of the EU to achieve the rule of law and democracy in the EU is imposing the conditions for the distribution of the EU funds. But the president of the EU Commission Ursula von der Leyen is following her promise, given on the occasion of her presentation before getting her position that she intends to diminish the confrontation with Poland and Hungary. Sometimes, economic interests are overruling the defence of the basic EU values. European Commission warned Poland and Hungary to respect freedom of speech, to organize fair elections, to strive for free and independent media, to have politically independent judiciary. But the market for the products from Germany, France and other most developed European countries is so important that those countries would not be ready to lose it at the account of the European values. At this moment, there is no effective balancer in the EU. Knowing it, the four leaders of important political groups in the EU Parliament (Manfred Weber, EPP; Iratxe Garcia Pérez, S&D; Dacian Cioloş, Renew Europe; Ska Keller and Philippe Lamberts, Green/liberals) wrote the letter (October 2020) to the EU Commission and the European Council emphasising that the EU values are not on sale. 

Traditionally, the UK played the role of the European balancer, but they opted to leave the EU. The only countries which have the ability to be the balancer are Germany and France. At this moment they seem to try to play this role but yet they haven`t been very successful. 

If the EU Parliament together with some important and economically strong members is not successful in balancing the Visegrád group, the way towards the Double-speed EU will be opened. After the elections in the USA where Donald Trump was replaced by Joseph Biden, we could expect that the policy of diminishing the power of the EU will probably be changed. 

Under the presidency of Donald Trump, USA supported the activities of the Visegrád group. It seems that the reason for it is the creating of the tampon zone between the EU and Russian federation and, at the same time, to split the EU in two parts, thus diminishing the power of the EU. Together with the support of Brexit, it is evident, that the policy of diminishing EU power de facto follows the idea towards “Make America first”. Immediately after the election of Joseph Biden as the new US president, there were a lot of expectations that this policy was going to be changed. But soon it became clear that we can see the weakening of Transatlantic link, clear orientation of the USA towards Asia. It became more evident after the signing the defence treaty among USA, United Kingdom and Australia. (Žerjavič, 2021) 

At the end of 20th century countries of the Western Balkans believed that they would become the members of the EU in visible future. There was no idea of creating regional alliances because in the EU, such alliances would not be necessary. But now the countries of the Western Balkans do not expect to become the members of the EU in visible future although officially they do not say it, and the need of the regional cooperation resulted in the creation of some alliances in this region. 

Serbian President Aleksandar Vučić (SNS), Prime Minister of North Macedonia Zoran Zaev (SDSM) and Prime Minister of Albania Edi Rama (PS) signed on 9 October 2019 in Novi Sad a Joint Declaration of intent to establish a “Mini Schengen” among the three states. The joint declaration envisages elimination of border controls and other barriers, which should facilitate movement in the region by 2021. It would also enable citizens of the three countries to travel in the region using only an identification card and find employment anywhere in the region on the basis of their professional qualifications. The signed declaration should help the Western Balkans region to start functioning on the basis of four key freedoms on which the European Union is founded – freedom of movement of people, capital, goods and services. The initiative is open also for other Western Balkans countries: Bosnia and Herzegovina, Montenegro and Kosovo. It was stressed that the respective initiative is not a compensation or alternative to membership of the countries in the region in the EU. But in fact, it replaces some advantages of freedoms which enjoy the EU members. De facto this initiative is a compensation of the EU membership. 

Also, North Macedonia is following similar policy. They intend to foster better relations among neighbouring countries, although they were not very successful. Of course, they would like to enter the EU as soon as possible. But nevertheless, they signed some important agreements: Ohrid agreement, Prespa agreement, and they changed the name of the country and became North Macedonia. 

Is the EU at a Crossroad?

Is the EU going towards One-block EU or towards Two-block EU? It seems that there are some world superpowers interested in the creating Double-speed EU, EU with two blocs of countries with the possibility of mounting tensions between them. Yet, EU has always been able to surpass such for the unity dangerous ideas and especially after the UK decision to leave the EU, the idea of one-block EU, strong and stable, is very active. Nevertheless, the UK took this decision and the EU was simply not able to preserve the unity together with the UK. Although the position against the Two-block EU is supported by important European forces and also by many EU citizens, we cannot neglect the possibility that the EU can become the Two-block EU. Some analysts are even more pessimistic and estimate that the split between Western part of the EU and eastern part is day by day deeper and it seems that this process is irreversible. (Apih, 2021)

The participation of the important political personalities at the 16th Bled Strategic forum and the content of discussions seemed to pave the way towards eastern part of the Europe working together. (Forum, 2021) Forum focused on the future of Europe and the call to increase its resilience. The topics of discussion touched on the priorities of the second Slovenian Presidency of the Council of the European Union, which takes place under the “Together. Resilient. Europe” slogan.

The Western Balkan countries strive to enter the EU, the EU with the democratic values, typical for the founding members. If the EU becomes a Two-block EU, the Western Balkan countries would enter into the eastern part of the EU, a very different alliance with more autocratic values, with less respect of the human rights and less freedom of media, not respecting the rule of law and independent judiciary. Is there still any sense to enter such an alliance?    

The Two-block EU is not a good option, neither for the EU nor for the entire world. We should preserve the united EU and do our best that it becomes politically stronger and economically more successful. 

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Published by International Institute for Middle East and Balkan Studies (IFIMES)

About the author:

Ambassador Dr. Jožef Kunič
Member of the IFIMES International Institute
Honorary President of the Slovenian Association for International Relations     
(SDMO)
Former Slovenian ambassador to Iran and France

LEBANON – Quo vadis?

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LEBANON – Quo vadis?

“Lebanon is the Titanic without the  orchestra” – Jean-Yves Le Drian – French minister of Foreign Affairs[1]

By Corneliu Pivariu

40 years have passed this fall since my first travel to Lebanon and it happened ever since to return there many times and to spend more than four years in the beautiful Cedars country; I had during the time the opportunity of meeting relevant Lebanese personalities such as the late prime minister  Rafik Hariri, the Maronite Patriarch Nasrallah Sfeir, president Michel Aoun (before being elected) and many others.

Lebanon is an iconic country for the Middle East and could be considered a true barometer of the regional geopolitical situation and also for the fact that what happened in Lebanon during the last decades until now is absolutely true for numerous countries of the world, countries with no resources of their own, withstanding multiple foreign influences that are confronted with a massive emigration, have on their territories numerous refugees and are overcome by corruption.

Even if on October 31st, 2016, the Lebanese parliament brought to an end the longest period of the country’s history without a president (29 months since the end of president Michel Suleiman’s mandate –May 2014) by electing – after 45 parliamentary sessions in which no candidate could obtain the legal quorum – General Michel Aoun, the following period witnessed many political and social convulsions, numerous demonstrations and popular protests and a continuous deterioration of the economic situation. The August 4th, 2020 explosion in the Port of Beirut (the biggest explosion of the last decades in an urban area in the world) aggravated the economic crisis Lebanon is witnessing and provoked a new political crisis. It was only in September 2021 when a new government was formed under the leadership of Najib Mikati (prime minister for the third time).

Lebanon is the prisoner of a sectarian political system whereby the power is shared by the three main religious communities: the Maronites Christians, the Sunnis and the Shia; nevertheless the political system reached its limits and the present Lebanese political class proved it is not able and ready to find an alternate solution.

New parliamentary elections are scheduled for March 27th, 2022 and in the autumn of the same year the parliament is to elect a new president. It would be no surprise if the parliamentary elections are postponed and a new political crisis emerges. In fact, the politicians’ hesitations to reform the present political system are emphasized by the initial promise of granting six seats in the parliament to the diaspora (out of the more than 8 million Lebanese ex-pats, only 1.2 million have the right to vote and a record number of more than 200,000 voters registered for the 2022 elections), a promise nowhere to be found in the final form of the electoral law.

It is worth mentioning that the last official census in Lebanon took place in 1932 while the unofficial estimates of 2020 indicate a population of 6.8 million inhabitants and a research of a Lebanese consultancy of 2016, quoted by the US Department of State, shows that the Lebanese population was made up of 45% Christians, 48% Muslims and 5.2% Druze. According to some official data, almost a million Syrian refugee (944,613) and almost 200,000 registered Palestinian  refugee are to be added up to the said population. Most probably, the real figures of the refugee are much bigger, at least double in what the Palestinian refugee are concerned.

From an economic standpoint, Lebanon is witnessing the most severe crisis of the last 150 years as the GDP shrunk from $ 55 billion in 2018 to $ 33 billion in 2020 and a further decrease to $ 20.5 billion is expected in 2021 (World Bank estimates, October 2021) and the per capita GDP  decreased by around 40%. The unemployment increased from 28% in February, 2020, to 40% by the end of the same year. According to UN data, 78% of the Lebanese live under the poverty threshold and 36% in extreme poverty.

According to a Reuters research, the food index price increased in September 2021 by 557% as compared to October 2019 and the economy contracted by 30% as compared to 2017. The Lebanese Pound lost around 90% of its value as compared to October 2019.

As far as corruption is concerned, the latest data published by Pandora Papers mention the name of prime minister Najib Mikati, of the Governor of the Central Bank Riad Salameh and that of the former prime minister and  minister of Education, Hassan Diab. The clientelistic political system and the way the public contracts are assigned domestically may be the subject of an extensive debate.

Under such circumstances, from 2019 until now only, 300,000 Lebanese citizens who lost any hope that the domestic situation could improve emigrated and were looking for a solution outside the country. Unfortunately, those who left the country and those who will, have a good professional training and a financial status that can assure them a new beginning in a new country. Such events will further diminish the possibilities of Lebanon’s recovery. A people who, for a long period of time went through serious crises and had its stamina diminished by numerous emigration waves, subjected, at the same time, to the immigrationist pressures and foreign interests is not an inexaustable reservoir  and might be seriously affected by such events.

The sectarian and group interests are overwhelming and are used by foreign influences (France, Iran, Israel, Turkey, USA, Saudi Arabia, other Gulf countries, China, Russia) for attaining their own goals and for testing solutions for the area’s related issues. Such circumstances made the Maronite Patriarch Beshara Boutros Al-Rai to declare on August 15th, 2020 that ”We will not allow for Lebanon to become a compromise card between nations that want to rebuild ties amongst themselves”.

I consider that on a short run, the economic situation in Lebanon will continue to deteriorate – if that is still possible without a further dissolution of the state. On a longer run, the forecasts of the evolutions in the Middle East and especially in Lebanon are  extremely indefensible. Yet the country of the Cedars fully deserves the characterisation of a barometer of the geopolitical developments in the area. Unfortunately, the Lebanese brought the country where it is now ”helped”, of course, by foreign interests. The 2022 elections do not seem to bring in optimism and, in the spirit of the Lebanese tradition, they are to be postponed without a clear time horizon. Timing is not the issue but finding a viable solution for replacing the present sectarian political system yet I do not see a firm political will in this respect.

An improvement of the general situation in the Middle East could have a favourable influence on Lebanon but I believe it depends first and foremost on the Lebanese. Is it possible that the diaspora come with a political solution that can be successfully implemented? Do the rich Lebaneser emigration want to have a country where to return fondly and with  nostalgia? Or will Lebanon continue to sink itself into the conflicts without a forseeable end of the Middle East? To use the title of today’s webinar, I do not see a change for a new beginning in Lebanon. The answer should come from the Lebanese themselves!

Presentation in Webinar on December 2nd,  2021 “Middle East and North Africa: the Changes for a New Beginning” event organized by Bucharest-based think-tanks MEPEI (Middle East Political and Economic Institute) and EuroDefense Romania in partnership with IPIS (the Institute for Political and International Studies), Tehran.

The webinar invited speakers are experts from Afghanistan, Austria, China, Hungary,Lebanon, Iran, Italy, Malaysia, Palestine, Pakistan, Portugal, Romania, Russia, Syria, Turkey, UK, USA.

The webinar brings together more that 200 diplomats, officials, academics, business leaders, politicians, as wel as independent retearchers, think-thank representatives, journalists, and other civil society representatives.

[1] Interview to Le Figaro, December 13th,  2020.

About the author:

Corneliu Pivariu. Photographer: Ionus Paraschiv.
Corneliu Pivariu. Photographer: Ionus Paraschiv.

Corneliu Pivariu Military Intelligence and International Relations Senior Expert

A highly decorated retired two-star general of the Romanian army, during two decades he has led one of the most influential magazines on geopolitics and international relations in Eastern Europe, the bilingual journal Geostrategic Pulse.

The HCCH 1961 Apostille Convention: 60 years on

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The HCCH 1961 Apostille Convention: 60 years on

By Dr Christophe Bernasconi,
Secretary General of the Hague Conference on Private International Law (HCCH)

Throughout its history, the HCCH has been building bridges between legal systems for the benefit of individuals, families, and companies. As an Organisation, it has grown in size and relevance, ensuring the benefits of its Conventions can be enjoyed by the largest majority of people and commercial operators living international lives or doing business across borders.

An increasing number of States are becoming involved in the work of the Organisation. Over 150 countries, spanning all regions of the world, are connected to the work of the HCCH, either as Members or as Parties to HCCH Conventions.

But the success of the HCCH is perhaps best demonstrated by the most popular and most used of all the HCCH Conventions, the HCCH Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention), which recently celebrated its sixtieth anniversary.

Despite its age, the operation of the Convention remains relevant. Today, around 30 million Apostilles are issued around the world every year, which means that on average, one Apostille is issued every second. The economic impact of the Convention for both users and Contracting Parties is significant – an independent assessment recently estimated the savings at over € 500 million per year.

Representatives of the HCCH Permanent Bureau during the 2021 meeting of the Apostille Special Commission: (L to R) Mr Brody Warren, Dr Christophe Bernasconi, and Ms Nicole Sim.

On 5 October 2021, I had the pleasure of addressing the Special Commission on the practical operation of the Apostille Convention to mark this auspicious occasion. On the same day, the Republic of Indonesia became the 121st Contracting Party, a fitting tribute to the Convention on its birthday.

While a milestone anniversary is a time for celebration, it also provides an opportunity to reflect. In this spirit, before I turn to the promising future that lies ahead for the Apostille Convention, I would like to turn back the clock – not 60 years, but 61 years – to October 1960.

On 5 October 1960, delegates representing 19 States convened in The Hague for the Ninth Diplomatic Session of the HCCH. On their agenda, among other topics, was a proposal to consider the possibility of abolishing or simplifying the formality of legalisation. This was a result of the difficulties encountered (and fees associated) with legalisation, the effects of which were exacerbated by the realities of the post-war era. Migration flows had reached unprecedented levels and the economic prosperity of the 1950s had given rise to a proliferation of international trade and commerce. This increase in cross-border activity was accompanied by an increase in the instances in which public documents were to be presented abroad, in all manner of legal and administrative contexts.

Participants

The delegates at that Ninth Session considered various possible solutions, and ultimately opted for a system that would simplify the process while maintaining the requisite level of trust. The multiple steps of the traditional legalisation process would be abolished and replaced with the issuance of a single “Apostille” Certificate by a Competent Authority designated by a Party to the Convention. The Certificate would contain required elements to achieve a level of standardisation and facilitate recognition, while retaining flexibility for authorities. By affording Parties the freedom to designate the authorities competent to issue Apostilles and providing for the possibility of further simplified procedures among them, the Convention would also respect the diversity of legal systems and traditions.

This was a unique approach that would ultimately serve the needs of different countries for many years to come, even though most of the delegates negotiating the Convention represented primarily European civil law traditions. This was because they were united by a common goal, and one that has remained relevant over half a century later: to reduce the strain on consular services and facilitate the use of public documents abroad for the benefit of all those in cross-border situations around the world.

Original Model Apostille

In the final days of the Ninth Session, on 24 October 1960, the text of what would later become known as the Apostille Convention was adopted. The final act of the Session was signed during a ceremony on 26 October 1960. However, it was not until a year later that the Convention welcomed its first signatories, with six States signing on 5 October 1961. As was the custom at the time, this was the date given to the Apostille Convention.

Tracing the Convention’s popularity since these first signatures has been remarkable. In its first thirty years, the Convention experienced modest growth, reaching 38 Contracting Parties by 1991. In its next thirty years, the growth accelerated, and this number more than doubled, with 83 new Contracting Parties between 1991 and 2021.

I look forward to seeing this growth continue. There are a number of States that are actively considering accession and the recent Special Commission – which met online for the first time in its history – saw record participation, with over 350 representatives in attendance from across the globe.

Part of the continuing relevance of the Apostille Convention is the effort to modernise its operation. Not only is the overall number of Contracting Parties to the Convention continuing to increase, but so too is the number of Contracting Parties that have implemented one or both components of the electronic Apostille Programme (e-APP). Since its launch in 2006, the e-APP has facilitated the secure and effective operation of the Convention through electronic means and ensured it remains fit for purpose in the modern world.

Celebratory cupcakes for the 60th anniversary of the HCCH Apostille Convention

Indeed, the utility of the e-APP was highlighted throughout the COVID-19 pandemic, with Contracting Parties that had already implemented the e-APP components reporting positive experiences in the face of the challenges, with little to no disruption in the provision of Apostille services. We have also seen an increase in the number of Contracting Parties considering e-APP implementation, due to the accelerated shift to digitalisation of services brought about by the pandemic. The key beneficiaries of these positive developments continue to be the individuals and businesses in cross-border situations.

The success of the Apostille Convention exemplifies the importance and relevance of the HCCH, and the role of private international law more generally. Supported by the HCCH Membership, represented by the dedicated members of the diplomatic community and other national experts, the Permanent Bureau will continue to work to ensure that existing and future HCCH Conventions effectively serve individuals, families, and companies across the world.

Leonardo’s Faces – Birgit Gorel

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Leonardo’s Faces – Birgit Gorel

Celebrating Leonardo Royal Hotel Den Haag Promenade – 50 years of diplomatic mission

Behind the logo of the Vitruvian man, multiple employees ensure that the Leonardo Royal Hotel Den Haag Promenade provides excellent, customized, hospitality services to all.

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Name: Birgit Gorel

Nationality: Dutch/German      

Function: Front Office Employee

Department: Front Office

When did you start working at the Promenade Hotel?

I started working at the Promenade Hotel per 1 of November 1987.

Have you always worked in the same department?

No, at first, I worked in the shop, where I was selling magazines, cigarettes and jewelry.

What was the most remarkable (diplomatic) event you experienced?

The Nuclear Security Summit in The Hague 2014.

Why was this so remarkable?

The entire event. For instance, because of the world leaders attending the summit, including Barak Obama. We also had the privilege to welcome some other Presidents. Every time when a President arrived or left, the entire staff that was present that day, lined up to for them. Either we welcomed them, or we said goodbye. Right next to the Front Office we had a control center and security. The latter was organized because the whole city was marked with different risk levels and the Promenade hotel was assigned to the highest risk level area.

What international habit, tradition or event that you have observed, appeals to you? Why?

When the new herring arrives in the harbor we celebrate ‘Vlaggetjesdag’ in Scheveningen. To celebrate this Dutch custom, all boats that arrive in the harbor blow their horns. So, there is a lot of sound coming from the harbor area. Related to this event, the Promenade Hotel annually organizes the ‘Herring party’.

What do you consider interesting about the international guests and events organized at the hotel?

Our Promenade Food Festivals. A chef from the country is flown over, and of course the country’s Embassy is present as well. It is a culinary experience that is not only focused on the dishes prepared by the chefs, but it is also about experiencing some cultural customs from that specific country.

What is a(n) (international) habit that you find interesting?

The Embassy’s national days. It is interesting to see how much effort people make and how proud they are of their country. It is nice that we may experience a part of these traditions as well.

Another interesting habit, is that when a new ambassador arrives that he will be picked up by a delegation in a Royal carriage that is transported by horses, to visit the king and introduce him- or herself.

Erekle Koplatadze: How to Master the Art of Diplomacy

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Erekle Koplatadze: How to Master the Art of Diplomacy

By Kateryna Denysova

“Life is like a box of chocolates. You never know what you’re going to get,” Erekle Koplatadze, the Communications Officer at the Embassy of Georgia in The Netherlands, describes his life journey. Pursuing a career in international affairs and diplomacy, Erekle has already had a chance to work and study in Turkey, the UK, and The Netherlands. He shares his story with us. 

“At the age of 13 years old, my parents and I moved to Ankara, because my father received a new posting. It was a big change for me.Luckily, I attended an international school, which helped meto quickly integrate into a new setting. I remember there were a lot of students coming from abroad…We were all in the same boat… all internationals, so it made it easier for me to settle. I believe it also played a crucial role in the formation of my international identity.”

Growing up in a diplomatic family, Erekle was exposed tothe notion of receptions and formal dinners from an early age: “I unconsciously learned the principles of diplomatic etiquette and currently, it is something that I feel very comfortable with.” Interest in international affairs and desire to explore the world also contributed to his decision to become a diplomat. He acknowledges, “Now, I cannot think of a place where I want to stay more than four years. I encourage everyone to travel abroad and experience new places.”

What else has sparked your interest to pursue a career in this field?

“I moved to London to study Politics and Eastern European studies for my bachelor’s degree. I was very interested in international relations, especially after the war in Georgia in 2008 that further deepened my interest to study security aspect in specific. After I had finished my master’s degree in London as well, I haphazardly got accepted for a position at the International Organization for Migration (IOM) in Turkey. Then, I decided to try something new, so I moved to Groningen to pursue my second Master’s in International Relations and Organizations.”

Can you name one characteristic that would distinguish a person who spent most of their life abroad?

“Sense of home. For instance, once you start talking to a son or a daughter of a diplomat you immediately realize it. They can very easily adapt to new environments and have multiple ‘homes’. You also become open-minded. Experiencing a new culture allows a person to see the world from different perspectives, which makes them less judgmental about things. Having spent a long time abroad, upon return to my home country, I notice sometimes things Georgians take for granted.”

Erekle Koplatadze, Communications Officer at the Embassy of Georgia in The Netherlands.

Have you experienced a challenging situation at your work?

“My work in Turkey coincided with the ongoing migration crisis in the country. I was responsible for overseeing the situation with Syrian refugees. Many terrorist explosions were happening across Turkey along with failed coup d’état attempt. It was challenging to work in IOM at that time, but I learned a lot. Without any doubt, political instability affected daily life as well. I remember how one day I decided to go out with my friends and the next day that place was bombed. I couldn’t believe that I had been sitting there just yesterday.”  

What advice would you give to young people who embark on a career path in diplomacy?

“My best advice for them is to learn languages and avoid staying in a comfort zone for too long. Just always push yourself, always develop yourself. Being a diplomat means to move frequently, so you must be ready to accept these challenges.”

Erekle’s mission in The Netherlands is coming to an end, thus very soon he’ll return to his home country to start a new job in the Parliament of Georgia. We wish him good luck in mastering the fine art of diplomacy and all the best in his future endeavors that are yet to come!

Works council: COVID-19 measures and mandatory vaccinations

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Works council: COVID-19 measures and mandatory vaccinations

By Jan Dop & Priscilla de Leede

What rights does the works council have in relation to measures against the coronavirus within the company? And what role does the works council play with regard to the (im)possibility of mandatory vaccination against the coronavirus?

Role of the works council

One of the roles of the works council is to represent the interests of the people working at the company. The works council has various rights and duties to fulfil this role. For example, the works council has the right of consent with respect to regulations on working conditions and privacy. What does this mean if the employer wants to take measures against the coronavirus? To what information on the coronavirus policy within the company does the works council have a right? Does the works council have a duty of care in this area?

COVID-19 measures and the works council

The works council has the right of consent with regard to the coronavirus policy within the company. The employer cannot implement such a policy without the consent of the works council. Therefore, the works council plays an important role here.

Duty of care of the employer

Pursuant to the Working Conditions Act, the employer must ensure the health and safety of the employees. In addition, the employer must record in a risk inventory and evaluation (RI&E) the risks to which employees are exposed when performing work. Finally, the employer must draw up an action plan. This includes the measures to be taken in respect of these risks.

Coronavirus infection can be transmitted in every company. This poses a risk to the health of the employees. Therefore, the employer is obliged to draw up a policy in this respect. This could include the provision of hygiene products or instructions to wear face masks in busy areas.

Consent and initiative of the works council

If in the opinion of the works council the employer does not take sufficient measures to guarantee the safety of the employees with regard to the coronavirus, it can withhold its consent to the coronavirus policy. The works council may do so, for instance, if the employer’s coronavirus policy is not in line with the government regulations. The works council’s duty of care is meant to promote compliance with the regulations that apply to the company in the field of working conditions. To this end, the works council can make use of the right of initiative. This allows the works council to propose its own ideas to the employer regarding the implementation of a coronavirus policy.

Works council and mandatory vaccinations

Another example of a measure to guarantee employees’ health is mandatory vaccination against the coronavirus. Making vaccination mandatory in the workplace does not seem legally tenable at the moment. Mandatory vaccination is contrary to the employee’s right to the inviolability of the body. In order to be able to legitimately infringe this fundamental right, the interests of the employer must outweigh the interests of the employee. The employer’s obligation to ensure the health and safety in the workplace must therefore outweigh the employee’s fundamental right. This will not happen a lot. In addition, the registration of vaccination details of employees is contrary to privacy legislation.

The works council plays an important role in any vaccination policy. The works council can ask, on the basis of the right to information, whether the employer intends to make vaccinations compulsory for employees. Employers have to inform the works council about this.

The care task of the works council means that it must point out to the employer that making vaccinations mandatory is against the law. The works council must also ensure that the employer does not take any discriminatory measures against employees who have not been vaccinated. On the other hand, the works council must ensure that the employer guarantees safety in the workplace. And that employees therefore run the smallest possible risk of being infected at work. This contradiction makes it complicated to formulate a consistent and legally tenable policy. The works council must therefore think along with the employer when drawing up the coronavirus policy and, if necessary, seek external advice.

Refusal to consent to coronavirus policy of the employer

If the works council does not agree with the employer’s proposed policy, it may choose not to grant its consent. In that case, the employer can request the subdistrict court to grant substitute consent. Employers must then convince the subdistrict court that their interest in such a coronavirus policy outweighs the interests of the works council and, by extension, the interests of the employees.

About the author

Jan Dop

Jan Dop is a lawyer and partner at Russell Advocaten. He is an experienced lawyer combining profound legal knowledge with the knowledge of his client and its business. Thus he succeeds to turn complex legal problems into efficient and practical solutions and adequate advice. As Head of our Embassy Desk, he assists Embassies and Consulates.

Jan advises and litigates for entrepreneurs in national and international disputes on undertaking, personnel, and real estate. His clients include international fashion businesses, IT businesses, and wholesale traders. He regularly publishes articles on employment law in legal journals.

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Priscilla de Leede

Priscilla de Leede advises both Dutch and foreign companies on all aspects of employment law. She litigates and negotiates for companies in issues regarding dismissal, restructuring, non-compete disputes, contracts, and the position of directors.

Her special focus is on works councils for whom she regularly provides training courses. Priscilla publishes on a wide variety of topics within the field of employment and corporate law, such as employee illness, corporate immigration, and the posting of workers.

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