The Trust Fund for Victims (TFV) at the International Criminal Court (ICC) is pleased to announce that in 2021, the Government of Finland is making an additional voluntary contribution to the TFV, earmarked to reparations. The amount of EUR 275,000 will go to the implementation of reparation measures in the Lubanga case, which concern harm suffered by child soldiers (2002-2003) in the eastern Democratic Republic of the Congo (DRC). This is the first time Finland provided an earmarked contribution to reparations resources.
Speaking on Finland’s increased support to the TFV and the Rome Statute, H.E. Pekka Haavisto, Minister of Foreign Affairs said, “One of Finland’s key foreign policy objectives is to support the international rules-based system, in which the ICC has a unique role. It is important that the victims be heard and involved in the process but they should also be supported in coping with their ordeal.”
Thanking the Government of Finland, TFV Executive Director Pieter de Baan said, “As it becomes one of the TFV’s largest donors, Finland’s invaluable engagement with the TFV is taking a welcome next turn, earmarking their contribution to reparations for the benefit of former child soldiers, in the Lubanga case. The TFV is extremely grateful for Finland’s trust and looks forward to continue to cooperate and work together in ensuring reparative justice for the victims of the most heinous crimes.”
***
On 14 March 2012, Thomas Lubanga Dylio was found guilty, as a co-perpetrator, of the war crimes of conscripting and enlisting children under the age of 15 years and using them to participate actively in hostilities in the DRC from 1 September 2002 to 13 August 2003.
On 3 March 2015, the Appeals Chamber issued the amended Reparations Order against Mr Lubanga. On 15 December 2017, the Trial Chamber set the amount of Mr Lubanga’s liability for collective service-based and symbolic reparations at USD 10 million. On 18 July 2019, the Appeals Chamber confirmed the decision.
With the collective service-based reparation programme in place since 15 March 2021, the TFV provides former child soldiers and their families with physical, psychological and socio-economic rehabilitation, aiming at facilitating their reintegration into society.
As the convicted person has been found to be indigent, the TFV continues to strive to make more funds available through voluntary contributions by States and private actors to facilitate the payment of the collective reparation award. To date, the TFV has complemented 49% of the total liability amount set in the Lubanga case.
With this contribution, Finland recognizes the importance of the TFV’s work to enable the victims of the crimes for which the International Criminal Court orders reparations to receive reparations for the harm they have suffered.
The triumph of Gabriel Boric in Chile is not only a political and geopolitical earthquake in fact is a triumph with high symbolic content in the region: It is the triumph of an alternative political force in the cradle of neoliberalism in the region, the first laboratory of the Chicago School in South America, a market dictatorship and minimum state imposed on violence by Augusto Pinochet in a military coup in 1974 and consolidated as a neoliberal democracy in the 1990s, under a supposed “centrist consensus” between post-Pinochetist conservative forces and the traditional Chilean left (la Concertación, which had former presidents Ricardo Lagos and Michelle Bachelet as top exponents). A supposed democratic consensus that in practice didn’t change the economic, social and political structures inherited from the military dictatorship.
This result seems to throw away that so-called Myth of Chilean Exceptionality: the archetype of the ideal neoliberal state, which for years inspired the discourses of the liberal right-wing forces of South America, a model of economic growth with a minimum State and high entrepreneurial freedom, under an alleged aura of social and political stability, the (neo) liberal order to be emulated throughout the region. But that order has been broken in Chile.
First the 2011 student protests (in which Boric participated) would give a preview of the movements that were brewing in the roots of Chilean society. Finally, the breaking point would be the 2019–2021 protests (el estallido) – with similar protests throughout South America with a clear anti-neoliberal and status quo emphasis – would lead to the election of a reformist constitutional assembly and now this December as a result of the election of Gabriel Boric as president, a clear revisionist of the neoliberal paradigm in his country.
Such a rupture could not have been explained more concretely than by Boric himself in his speech as elected president: “an economic growth which is based on deep inequality has feet of clay”.
Such events are cause for illusions, justified or not, not only in Chile, but throughout the region for those who preach an alternative model of society to the neoliberal paradigm.
Gabriel Boric’s resounding triumph on December 19 has sparked debate about a possible “Second Pink Tide” in South America, to some extent the outcome of this election – as well as that of Pedro Castillo in Peru and Arce in Bolivia – have given new vigor to this idea, which while debatable, the fact that Boric’s victory is a breath of fresh air for the besieged progressive governments after two years of pandemic and a turbulent and volatile international scenario for some time now can’t be denied.
The 2019 wave of protest in South America and the electoral defeat of Mauricio Macri in Argentina the same year added to the Covid 19 pandemic and its effects on the region extended for more than a year (the dramatic drop in approval levels of the Bolsonaro administration in Brazil as a paradigmatic example) seem to converge in a single diagnosis: the neoliberal paradigm in South America (and Latin America) is in crisis.
This terminal crisis is already evident. But the alternative forces to this paradigm have not yet been able to assert their bases. So, a long and laborious post-neoliberal process is foreseen.
Following a quote from Gramsci, times of crisis are those where: “the old is dying and the new cannot be born yet”. Progressive governments with post-neoliberal paradigms of the first Pink Tide could not consolidate Counter-Hegemony within their countries (institutional and cultural structures of neoliberalism) nor counterbalance the influence of the United States at regional level through joint action.
In geopolitical and institutional terms, virtually all the processes and organizations of regional integration in South America and Latin America are now standstill. Both historical regional organizations (such as MERCOSUR) and those driven by the progressive Pink Tide: CELAC, UNASUR.
It will be the challenge of Boric as well as the next leaders who will emerge from the electoral cycle in 2022 in the region to re-enact, revitalize the regionalism of La Patria Grande.
The political process that in 2022 will be able to map out more precisely future regional trends in this regard will be the presidential election in Brazil in October, where today Lula da Silva has a wide advantage according to most public opinion polls.
Lula’s victory -the alternative forces to the neoliberal project and the unipolar alignment to the US, now represented by the Bolsonaro administration in Brazil, would be the necessary change to turn the tide regionally and provide the political strength required to revitalize the regional unity project.
From 2022 onwards, a new convergence between the governments of Argentina, Brazil and Chile would allow to relaunch the postponed ABC platform (Argentina, Brazil, Chile) proposed by Peronism in the 50s.
The ABC project and Continentalismo are both strategic concepts of the geopolitical doctrine of Peronism. And in such doctrine, they are the basis for the realization of the South American Union. Such a union would allow the consolidation of an autonomous continental pole that would counterbalance the influence of the great powers in the region, still valid ideas in an increasingly multipolar and complex world, in which new competences, debates and paradigms emerge.
About the author:
Juan Martin Gonzalez Cabañas.
Juan Martin Gonzalez Cabañas is Argentinian researcher and author. Currently he is serving as the Advisor to the Argentinian Parliament, Chamber of Provinces (Corrientes Province MPs).
Archbishop Desmond Tutu, member of the first Board of Directors of the Trust Fund for Victims at the International Criminal Court
The Trust Fund for Victims (TFV) at the International Criminal Court (ICC) announces with great sadness the passing of Archbishop Desmond Tutu, former member of the first Board of Directors, on Sunday, 26 December 2021.
We mourn with deep regret the departure of Archbishop Desmond Tutu, as we stay behind in shock from the loss of his bravery, engagement and inspiring leadership.
A Nobel Peace Prize laureate, Archbishop Tutu was elected to the first TFV Board of directors on 12 September 2003 and remained a member until 2009.
The TFV Chair of the Board of Directors Minou Tavárez Mirabal praised the legacy and moral leadership of the Archbishop: “On behalf of the TFV Board, we recall Archbishop Tutu’s uncompromising passion for justice, peace and reconciliation. His steadfast commitment and engagement with the TFV in the fight for the rights of victims of the most heinous crimes under the Rome Statute was a true testament of his faith and actions towards ending oppression, intolerance and injustice, as well as advocating and creating a better, more peaceful and more just place for the most vulnerable wherever they are in the world. We are extremely grateful for his influence and guidance aimed at strengthening the impact of the TFV and the important role it plays in making reparative justice a reality for survivors.”
Vice Chair Ibrahim Sorie Yillah joined in bereavement, “I convey my heartfelt condolences to Archbishop Tutu’s family. As a newly elected member of the TFV Board representing African States Parties, I hope to continue the Archbishop’s journey and honor his memory and the immeasurable example he set for the international community and the world in his rooted devotion to the cause of justice and human rights and his fight for victims and survivors, starting with his beloved country, South Africa and extending to the rest of the world.”
Mourning the passing of Archbishop Tutu, TFV Executive Director Pieter de Baan said: “A brave voice for justice at home and globally, Archbishop Tutu was a beacon of perseverance, and empathy for those suffering harm from crimes and injustice. As a member of our first Board of Directors, Archbishop Tutu charted the first course, and set the tone, for the Trust Fund for Victims’ unique, innovative, and victim-centered mandate of reparative justice. ”
As a member of the TFV Board of Directors, Desmond Tutu has stated: “We want to recognize those who over the several years have been the faceless ones, the anonymous ones, the ones who have been side-passed, and so in that process, help to heal trauma, help to heal wounded communities, help to make whole what was broken.”
Desmond Tutu was a prominent human rights leader and activist who championed for justice and peace throughout his life. Among the many awards he received, he was awarded the Nobel Peace Prize on 16 October 1984 for his “role as a unifying leader figure in the campaign to resolve the problem of apartheid in South Africa”, as cited by the Nobel Committee.
Secretary-General appoints Judge Margaret Anne McAuliffe de Guzman of United States of America to serve as Mechanism Judge
Arusha, The Hague, 23 December 2021– The Secretary-General of the United Nations, Mr. António Guterres, has appointed Judge Margaret Anne McAuliffe de Guzman of the United States of America to the roster of Judges of the International Residual Mechanism for Criminal Tribunals (Mechanism), effective 22 December 2021.
Judge de Guzman brings to the Mechanism academic and professional experience spanning more than two decades. Since 2009, she has worked at Temple University Beasley School of Law, Philadelphia, where she currently serves as the James E. Beasley, Professor of Law and Co-Director of the Institute for International Law and Public Policy. In addition, she has since 2016 consulted on projects related to international criminal law, human rights and transitional justice at the Public International Law & Policy Group in Washington, D.C., where she is a Senior Legal Advisor. Previously, Judge de Guzman held various legal positions at both the national and international levels.
Judge de Guzman has published extensively in the field of international criminal law and is an active member of many professional boards and organizations. Currently, she is the Co-chair of the Women in International Law Interest Group of the American Society of International Law. In addition, she has been an Editorial Board Member of the African Journal of International Criminal Justice since 2014, and of the Forum for International Criminal and Humanitarian Law since 2011.
Judge de Guzman was appointed to the Mechanism’s roster of Judges following the resignation of Judge Theodor Meron on 17 November 2021 and will serve the remainder of Judge Meron’s term of office, which expires on 30 June 2022.
In accordance with its Statute, the Mechanism has a roster of 25 independent Judges who serve both the Arusha and The Hague branches of the Mechanism.
The State Party of Haiti requested the UNESCO Committee to examine the nomination ‘Joumou soup’ for inscription on Representative List. Subsequently, on Thursday, December 16, 2021, during the 16th intergovernmental session, the Evaluation Body of UNESCO recommended that the Committee inscribe the following element on the Representative List of the Intangible Cultural Heritage Humanity :
Draft Decision
Submitting State
Nomination
File No.
16.COM 19
Haiti
Joumou soup
01853
The General Assembly of the United Nations Educational, Scientific and Cultural Organization, UNESCO, is slated to meet in June 2022 to validate the Evaluation Body’s decision of 16 December 2021.
Labadee Beach, Haiti
The Swiss Ambassador Muriel Berset Kohen remarked, accepting the candidacy of soup joumou or Giraumon soup, is not out of generosity but it is because of the quality of the dossier(Dupuy red.)
H.E. Ambassador Dominique Dupuy, congratulations for putting the Soup Joumou on the world map and elevating it to the list of the intangible cultural heritage of humanity. Bravo! It is, by all means, a fitting place since the Soup Joumou is an exponent of the Haitian people.
Citadel la Ferriere
“Liberty in a soup” Haiti’s Soup Joumou is a symbol of freedom and dignity. It is a celebratory dish, deeply rooted in Haitian identity, and its preparation promotes social cohesion and belonging among communities. Allegedly on 1 January 1804, the Liberator Jean-Jacques Dessalines and Haiti’s founding fathers ate their Joumou Soup, out of golden bowls specially manufactured (USA) for this purpose.
Ambassador Dominique Dupuy, I salute you for successfully presenting joumou soup to UNESCO Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, and for convincing the Evaluation Body. Merci, a triple wololoy to you!
On November 29, The Embassy of Guatemala in the Netherlands, in collaboration with Coffee Cupping International – CCI, successfully held a Coffee Cupping event in which ten samples from the main coffee regions of Guatemala were introduced to the Dutch market. These included coffees from Antigua, Huehuetenango and Cobán.
Following Guatemala’s trade strategy to promote SME’s and contribute to the dynamization of sustainable trade of the country, these coffee samples were supplied through an alliance with the National Coffee Association of Guatemala – ANACAFE – and the SME Koffee Mundo.
Mr. William Turton, Trade Counsellor of the Guatemalan Embassy in The Hague.
Guatemala’s ecological diversity gives it’s coffee a robust and distinctive flavour. Indeed, Guatemala’s wealth of volcanic soils, the pattern of constant rainfalls throughout the year, and the height of its coffee plantations (of which more than 90% are located over 1,300 meters above sea level) result in remarkable characteristics for the taste and high quality of this product.
According to Mr. William Turton, Trade Counsellor of the Guatemalan Embassy, Guatemala is one of main coffee producers in the world, and among the major exporters to Europe. The combination of a good quality product and sustainable production creates an ideal environment to reach Dutch customers’ palates. Today, an estimated 125,000 coffee producers drive Guatemala’s coffee industry and coffee remains one of Guatemala’s principal export products, accounting for 40% of all agricultural export revenue.
Coffee cuping Guatemala.
Coffee is grown in 20 of Guatemala’s 22 departments, with around 270,000 hectares planted under coffee, almost all of which (98%) is shade grown. The country’s production is almost exclusively Arabica and is most commonly prepared using the washed method, though natural and various semi-washed methods are gaining in popularity, with increasingly producing fine examples.
Guatemala benefits from high altitudes and as many as 300 unique micro climates. There is constant rainfall in most regions and mineral-rich soils.
Since the early 1990s, Anacafé, the country’s coffee board, has led pioneering efforts to define the country’s coffee-producing regions based on cup profile, climate, soil, and altitude.
Coffee cuping Guatemala. Photography by the Embassy of Guatemala in The Hague.
Public Announcement of the Decisions taken by the Board of Directors of the Trust Fund for Victims from August to 3 December 2021
Despite the ongoing constraints imposed across the globe due to the COVID- 19 pandemic, the Board of Directors (Board) of the Trust Fund for Victims (TFV) at the International Criminal Court (ICC) has continued its work to ensure appropriate and timely delivery of reparative measures, in the form of assistance programmes and implementation of reparation awards, for the benefit of victim-survivors of atrocity crimes within the jurisdiction of the ICC.
The out-going TFV Board of Directors (2018-2021 mandate period) held in-person or virtual meetings for a total eight sessions on 31 August – 2 September (three day meeting), 18 October, 18 November, and on 2 and 3 December 2021. The Board continued to take decisions through email communications. In this period, the Board took the decisions listed below.
Nota bene: The list of decisions taken by the newly elected TFV Board of Directors (2021-2024 mandate period), which had their first meetings on 7 and 8 December 2021, will be published separately.
This list of decisions should be read and considered in conjunction with the public version of the TFV Management Brief Q3 of 2021.
Fund Management
The Board noted and welcomed the voluntary contributions received from the following donor governments from 1 August until 3 December 2021. Ireland (EUR 300,000), Australia (EUR 189,013), France (EUR 50,000), Korea (EUR 44,185), Luxembourg (EUR 35,000), Italy (EUR 30,000), Czechia (EUR 23,239), Malta (EUR 20,000), Austria (EUR 15,000), Hungary (EUR 10,000), Liechtenstein (EUR 9,371) and Andorra (EUR 8,000). The TFV received further pledges from States Parties and expects disbursements under multi-annual funding agreements. Detailed information will be shared at the beginning of 2022.
In November 2020, the Board decided that the Incidental Programme Costs (IPC) provision within the TFV’s extra-budgetary resources requires an annual review and update.
On 18 November and 2 December 2021, the Board reviewed the Secretariat’s report on expenditures on the IPC 2021 provision and the proposed allocations for the 2022 provision.
On 2 December 2021, the Board:
● Approved the expenditure report of the IPC 2021 provision, which relates an expenditure of EUR 1,202,864 out of the allocated EUR 1,429,500, resulting in a carry-over of EUR 226,636 to the IPC 2022 provision.
● Noted the Secretariat’s commitment to commission the gender and conflict audit in 2022.
● Requested a more detailed annotation of expenditures and proposed allocations in relation to the IPC provision, in future reports.
● Approved the proposed allocations for the IPC 2022 provision, for a total of EUR 625,170 including the carry-over of EUR 226,636 from the IPC 2021 provision, distributed as follows:
o Situational assessments (EUR 76,762)
o Monitoring and Evaluation (EUR 50,000)
o Fundraising and visibility (EUR 224,400)
o Partnerships and reparations (EUR 274,000)
The chart below illustrates the specific amounts in euros (€) allocated to various assistance programmes (on a calendar year 2021 basis) and the complements of reparation cases as of 1 December 2021.
The financial data are not yet audited and may be subject to adjustments.
Policy and Strategy Development
● At the meeting on 18 October 2021, the Board approved the Working Method Policy of the TFV Board of Directors, subject to a final technical review (which has been completed), and noting that the Policy should be understood as a living document, subject to continuous review and amendment by the TFV Board of Directors.
● At the meeting on 18 November 2021, the Board took note of the Secretariat’s first outline of a Fund Management and Investment Policy (FMIP). The FMIP is to codify and clarify the TFV’s decision making on the use of its extra-budgetary resources. The Board noted that the FMIP will require further development and completion in the first semester of 2022, under the guidance of the next TFV Board of Directors.
● At the meeting in September 2021, the Board was informed and made observations and suggestions to the draft Theory of Change, as presented by the Secretariat, as a first step in the development of the TFV Strategic Plan 2022-2024. On 2 December 2021, the Board took note with satisfaction on the further development of the draft Theory of Change, including the incorporation of its earlier suggestions.
Reparations: eligibility decisions
Board Chair Mama Koité Doumbia (Lubanga) and Board member Baroness Arminka Helić (Al Mahdi) continued to act as designated Board representatives for the TFV’s administrative eligibility decisions in relation to reparations awards ordered by the ICC.
● From August to December 2021, the Board has issued 120 positive administrative decisions on victim eligibility for reparations in the Lubanga case (total of 100) and Al Mahdi (total of 20).
Reparations: other matters
● At its meeting in September 2021, the Board discussed recent developments and insights in relation to proceedings in the Ntaganda case. The Board requested the Secretariat to develop a paper on the different options for victim eligibility screening in the case, and encouraged the Secretariat to continue the development of the Draft Implementation Plan (DIP), due on 17 December 2021, in close consultation with the Board focal point Andres Parmas, assisted by Minou Tavàrez Mirabal.
● At its meeting on 2 December 2021, the Board considered the Secretariat’s note on victim eligibility screening options, which with Board’s consent, had also been shared for comments with the relevant stakeholders at the Court, in relation to this process. The Board also took note with satisfaction of the presentation by staff at the Secretariat on the activities, including on site in the Democratic Republic of Congo’s Ituri Province, and the resulting insights informing the further development of the DIP. The Board took note of the reparation measures proposed in the DIP, as presented by the Secretariat.
Independent Expert Review (IER) and Review Mechanism (RM)
The TFV focal points for the IER/RM process are Sheikh Mohammed Belal, assisted by Minou Tavàrez Mirabal (TFV Board), and Franziska Eckelmans (TFV Secretariat).
● At its in-person Board meeting in September 2021, the Board provided direction on the TFV’s approach to the relevant IER recommendations. This informed the development and submission of an Assessment Document, as requested by the RM, in relation to the IER recommendations concerning the TFV. With this in mind, the TFV developed and submitted an assessment of recommendations, at the request of the RM.
● On 22 October 2021, the TFV focal points for the IER/RM process, as well as the TFV Executive Director and the ICC Registrar attended the RM assessment meeting in relation to the IER recommendations concerning the TFV. They addressed IER recommendations 352 to 358. During this meeting, the TFV and ICC Registrar presented their views on developments at the TFV, and clarified their views in relation to IER recommendations 354 and 358, concerning the mandate of the TFV and its operational relation with the Registry. The outcome of this meeting was reported in the Report of the Review Mechanism as the platform for discussion of IER recommendations, dated 1 November 2021.
Thursday, 16 December 2021. The Hague, Kingdom of the Netherlands: Her Excellency, The Hon. Titilupe Fanetupouvava’u Tu’ivakano presented her letters of credence from His Majesty King Tupou VI, in a solemn audience, before His Majesty King Willem Alexander, at Noordeinde Palace. The latter was the first physical audience granted for foreign envoys by the Dutch monarch since the beginning of the Covid-19 pandemic.
The non-resident ambassador conveyed the continued wishes of HM King Tupou VI and the Government of the Kingdom of Tonga for the success of The Netherlands, and the well-being of the Dutch people.
The presentation of credentials was followed by an audience, where discussions on water management, climate change as well as renewable and sustainable energy ensued.
Ambassador Fanetupouvava’u encountered other ambassadors who presented their credentials and dignitaries as well as other high ranking officials of the Dutch government. She was accompanied by her spouse, Major Siaosi Kiu Kaho.
The Tongan High Commissioner located in London is accredited to eleven countries and ten International organizations.
On 17 December, the Dutch Foreign Ministry announced the appointment of Ard van der Vorst as upcoming ambassador to New Zealand, with concurrent accreditation to Tonga, and other island states.
Knowledge about diplomacy, protocol, culture, and soft skills, in the current era of unavoidable global relationships, is essential to achieving business objectives. A successful business deal begins with comfortable relationships between the parties involved. It involves, among others, good manners, interpersonal intelligence, empathy, body language, assertive communication, personal image, and mutual appreciation.
Within this context, the “International Protocol and Soft Diplomacy Conference” was successfully held on Thursday 9 (in English) and Friday (in Spanish) 10 December 2021. The conference was organized by PROTOCOLTODAY, a prestigious Dutch consultancy and academy firm specialized in protocol consultancy and international business skills training. ProtocolToday is also the publisher of the Global Mindset Magazine. The conference featured prominent speakers, approximately 100 participants from 33 countries, more than 12 embassies, international entrepreneurs and managers, and journalists from Diplomat Magazine EU.
This conference dealt with topics aimed at complementing those issues that, on multiple occasions, are omitted despite their enormous importance in negotiations with clients and possible strategic partners.
The program started with a presentation by Professor Dewanand Mahadew, CEO of NewEconomyStrategies (The Netherlands) on “Impactful Communication in International Business”. He emphasized the need to be cautious and tactful in order to avoid offensive situations. Knowledge about communication and the ability to understand others is key to good negotiations. Staying calm and positive is essential.” He recommended applying understanding, empathy, respect, prudence, and compassion.
He highlighted the urgency of “knowing how to navigate through the world easily. That is, being able to ‘feel at home to avoid being seen as strangers. For this, we must develop a global mentality and understand and learn about culture, politics, and economic systems to become familiar with the country we are visiting”. His speech included globalization by specifying: “The globalized world requires connecting skills. This means feeling comfortable and being loved in the places we visit. We must have the ability to connect with other people despite existing differences. “
He referred to interpersonal skills to “communicate, persuade and negotiate, and also to have a critical mindset.” That is, being aware of what we do in a creative and responsible way and enjoying a correct image. He suggested developing the “skills of knowledge, learning, and imagination.” Finally, he commented on the importance of appearance and the way we express ourselves, verbally and non-verbally, in a business conversation. Apart from the first impression generated is the profile that will be made of us.
René Spaan, leader of the Smart Mobility project (The Netherlands), addressed “Personal Anecdotes Working with Mexican Diplomacy”. He began with a revelation inherent in his experience: “If you work as many people, there may be those who do not keep their word”, alluding to the absence of seriousness in the business environment. He placed special emphasis on credibility and on “legal and financial” factors in business.
Based on his recognized career, he recommended, when entering into trade agreements with Mexico, “to understand Mexican culture in order to become familiar with the cultural factors of the country in which you do business”. He was forceful in reiterating that the Aztec country is not “pure drug trafficking or illicit activities” as is frequently exhibited through the media. It is a nation with extraordinary investment potential and has a rich historical diversity.
Gerardo Correas, president of the International School of Protocol (Spain), discussed “Protocol: Sentiment to Communicate” established several conclusive details aimed at understanding the function of the protocol and asserted “the protocol is nothing other than techniques to organize and they must occupy in each country depending on the current forms of communication. You have to place it in the context in which we live”.
He commented on working on the different emotions of the participants in an event in order to make it an experience and suggested that the social sciences should be incorporated into the protocol to guarantee the proposed objective. He was conclusive when he said: “Each event should be an experience that channels feelings and emotions.”
He alluded to the “personal brand” and how it contributes to distinguishing, define and differentiate. “To single out and enhance the brand of the entity we must generate impact,” he said. It is a job that is the responsibility, in an organized way, to all areas of the company and “thinking about a global communication strategy.” Finally, he noted, “We must change the language or the words that protocol experts use to suit the public. It corresponds to transfer the message of the protocol in a simple way to society”.
Adriana Flores, an expert in Protocol & Diplomacy, and founder of ProtocolToday (The Netherlands) spoke on the topic “The Impact of Protocol and Diplomatic Skills in International Business” commented on how “internationalization” has affected our lives around the world. Therefore, she said, “we must know how to connect and be trained to deal with entrepreneurs and suppliers. For this, we need to know the rules of etiquette, protocol, and professional ethics”.
She highlighted the importance of knowledge in permanent professional growth and how “they will facilitate the opening of new doors in the workplace” and emphasized, “each of us must be the best ambassador of their own country in the world.” She shared her varied experience – in various international settings – and suggested creating a “business life” style to work.
She also referred to the connotation of “personal image” and advised, “making the first good impression with impact. In business, etiquette is very important. We must adapt to the place where we are going to do business”. She reflected on deferential behavior that includes values, ethics, and an impeccable track record that inspires respect and trust.
She also stressed that “we must be aware of the hierarchies of the country we visit and know the flags and symbols. The flags of a company should not be next to the emblems of the States. We must know about the matters concerning gift giving and receiving. Companies and embassies must have their own gift protocol where they establish prices, details, and delivery methods. It is a symbol of friendship that means you are important, we appreciate it” and she suggested giving the professional card according to the cultural context of the nation.
Héctor G. Pérez, president of the Enlazadot Business Chain (Mexico) stressed “Business Resilience”. He made a broad and interesting account of the business situation in his country and stated “in Mexico when it goes bad is when we get the most strength”. He highlighted “resilience” as the ability to adapt to an adverse situation, obtaining positive results.
He was categorical in his vision about the process of adaptation and evolution in Mexico for the times to come. “Social networks and digitization have helped raise money,” he said. Finally, he gave a hopeful message by influencing: “We must believe in ourselves. It is not worth it if we do not believe in each one of us. It is a seasoning in us. We have to be empathetic with others in adverse moments. “
An enriching, reflective meeting, full of contributions and aimed at highlighting the scope and value, in its real and broad connotation, of protocol as a component of corporate work. Therefore, an imperative discipline to apply in our continuous efforts for professional growth. I evoke the pertinent reflection of Adriana Flores: “The power of protocol is important; it is the art of communication.
About the author:
Wilfredo Pérez Ruiz
Wilfredo Pérez Ruiz is a Teacher, communicator, and consultant in protocol, ceremonial, social etiquette, and writer of Magazine Global Mindset, in The Netherlands.
The Treaty on the Prohibition of Nuclear Weapons (TPNW), adopted in 2017, has entered into force on the 22nd of January of this year and the number of ratifying states continues to grow, with Mongolia being the latest to announce its accession. This positive trend is certainly welcomed with enthusiasm by the Civil Society campaigners and growing number of supporters of this treaty that represents a huge step forward for the global movement to draw attention to the catastrophic humanitarian consequences of any use of nuclear weapons. It would certainly be dishonest to ignore the fact that this new international legal instrument remains controversial, to say the least, for most of the members of the so-called nuclear deterrence community. As preparations are ongoing for the first Meeting of States Parties, scheduled to take place in Vienna on 22-24 March 2022, it is useful to address some of the main doubts and arguments against the treaty.
In this regard, the main criticism is that it makes no sense to support a treaty on nuclear weapons if those states that possess them have not joined nor any intention to join it.
In order to address this claim, it may be useful to recall that in the case of the Mine Ban and the Cluster Munition treaties, its main promoters and supporters were also states that did not possess those weapons, and that those international instruments also received some harsh criticism for this reason. Despite of this, there is no doubt now that both of those treaties have become remarkable success stories, not only by achieving the goal of approaching universalization, but also by consolidating a general moral condemnation of those categories of weapons. Therefore, the argument that a treaty necessarily needs to be joined by the possessors of the weapons can easily be rebutted. Despite of the current position of the nuclear weapons states, each new ratification of the treaty is not meaningless: on the contrary, it provides the treaty more authority and contributes to the growing pressure on nuclear weapons states to adopt further steps towards nuclear disarmament.
Arguments in favour of the TPNW
The other major contribution of the TPNW is that it facilitates the process of delegitimization of nuclear weapons, necessary to finally amend the well-established foundations of nuclear deterrence doctrines. The humanitarian principles that are underlying the treaty are totally incompatible with those doctrines, and therefore are having an impact on them by highlighting the inherent immorality and illegitimacy of nuclear weapons.
Another argument for the case of ratification is that it provides states the opportunity to support the process of democratization of the global debate on nuclear weapons, as this new treaty has been the result of a very open discussion with active engagement of delegations from all geographic regions and, in particular, of representatives of Civil Society. This is not a minor aspect of this process, but a key element. Indeed, unlike in negotiations of previous international legal instruments, in this era of growing complexity and interlinkages, the main challenges faced by humankind are being addressed by a diverse group of citizens, from all walks of life and regions. Traditional diplomacy is certainly not enough, and in the case of the TPNW, the positive results would clearly not have been possible without the decisive boost provided by the International Campaign to Abolish Nuclear Weapons (ICAN), which was able to mobilize Civil Society and likeminded governments towards the goal of negotiating a nuclear weapons ban treaty.
While it would be naïve to expect the establishment of the nuclear weapons states to be convinced by the humanitarian narrative and in a foreseeable future to amend its defense and security policies base on nuclear deterrence, the TPNW and its focus on the security of the human being instead of the traditional notion of the security of the state, are already having an impact on the academic and public debates in those states.
The second argument used by its critics is that the TPNW weakens the Non-Proliferation Treaty (NPT). Actually, this is not only incorrect, the opposite is true. In fact, the TPNW can serve as an initiative to help implement article VI of the NPT, by which parties are committed to undertake to “pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament”. This is of vital importance as the treaty clearly attaches a key role to all parties, and not only to those states that possess nuclear weapons. This commitment has also been reflected in the Final Document of the 2010 NPT Review Conference, and the TPNW can be understood as a reflection of that obligation to contribute to nuclear disarmament by non-nuclear weapons states.
Another common point is that the nuclear weapons industry is too strong and well consolidated and that it would be naïve to pretend that this treaty could actually have an impact on investment decisions.
This pessimism has also been proven wrong. In fact, in 2021, more than one hundred financial institutions are reported to have decided to stop investing in companies related to nuclear weapons production. As a result, the nuclear weapons industry is experiencing a considerable reduction and the trend towards the exclusion of this sector from investment targets is growing steadily. This is not only the consequence from the legal obligations that emanate from the TPNW but a reflection of the devaluation of the public image associated to these industries. As this public image continues to deteriorate, it is likely that this trend will continue and that the moral condemnation of these weapons of mass destruction will be absorbed into the mainstream of society.
Another common misinterpretation is that the TPNW should be understood as an instrument that is only designed to be joined exclusively by non-nuclear weapons states.
In fact, even though the treaty was developed by non-nuclear weapons states, it has been drafted and negotiated with the goal of universal adherence, including, someday, those states that still include nuclear deterrence in their national security doctrines. In particular, the TPNW establishes a clear set of steps for nuclear weapons states in order to eliminate their arsenals of nuclear weapons. Specifically, within 60 days after the entry into force of the treaty for a state party that possesses nuclear weapons, that state must submit a plan for the complete elimination of its nuclear weapons to a competent international authority that has been specially designated by states parties. The treaty also includes a process to designate a competent international authority to verify the elimination of nuclear weapons by a state before acceding to the treaty, and a process for states parties that maintain nuclear weapons in their territories for the removal of these weapons and report this action to the United Nations Secretary General.
It is also noteworthy that this treaty obliges states parties to provide adequate assistance to victims affected by the use or by testing of nuclear weapons, and to take the necessary measures for environmental rehabilitation in areas contaminated under its control. This dimension of the treaty constitutes an important contribution both to the protection of human rights of victims and to the now inescapable obligation to protect the environment, which are aspects that are not covered by the Comprehensive Nuclear Test Ban Treaty (CTBT). This certainly does not affect the value and vital role of this key instrument of the nuclear disarmament and non-proliferation regime but complements it by addressing the fundamental issue of environmental reparation.
TPNW facing challenges
The main challenge now is now not only to achieve a wider universality of the TPNW, but to engage more stakeholders and create awareness on the urgency of bringing pressure on the nuclear weapons states to finally move toward nuclear disarmament. In this regard, Civil Society initiatives have been promoting engagement of members of grassroots, parliament, the media and city governments, particularly in nuclear weapons states, which has had impressive results, with hundreds of local governments expressing support for the treaty and generating discussion among the population. These initiatives serve the purpose of putting pressure on politicians and especially, to facilitate a discussion within democratic societies about the sustainability and risks involved in the possession and harboring of nuclear weapons.
Indeed, the TPNW has a long way to go and overcome many obstacles to achieve its objective, but in its first year of entry into force, it has already had an undeniable impact on the nuclear disarmament and non-proliferation debate, despite the expected skeptics and efforts to ignore its existence stemming from the still powerful nuclear deterrence establishment. Most of its technical experts, academics and government officials honestly believe that nuclear weapons have helped to guarantee peace and stability to the world and therefore should continue as the foundation of international security doctrines. These well-established ideas have been based on the questionable assumption that the deployment of these weapons have avoided war and can guarantee permanent peace for all nations. This has served as a sort of dogmatic idea for many decades, but recent research results have shown that the risks involved are significantly higher and that the humanitarian consequences would be catastrophic for every citizen of the planet. The humanitarian impact paradigm, which underlies the process that has inspired the TPNW, has provoked a tectonic shift in the nuclear disarmament and non-proliferation debate, which had been limited to the NPT review conferences with its often-frustrating results. Certainly, the persistence of the different approaches needs to be addressed in a more constructive discussion among the supporters of this treaty and the deterrence community.
Finally, the fact that the first meeting of states parties of the TPNW will take place in Vienna is very meaningful as Austria has been one of the leading nations in this process, particularly in drafting the Humanitarian Pledge to fill the legal gap for the prohibition of nuclear weapons, which has been a decisive step towards the treaty that has already fulfilled that commitment. Despite of all the difficulties and the persistence of significant resistance, the active and committed participation of diplomats and Civil Society representatives, under the leadership of Austria, allow to envisage that this first meeting will help to strengthen the treaty and move forward in the long and burdensome road to the final objective of achieving a world free of nuclear weapons.
About the author:
Hellmut Lagos Koller
Hellmut Lagos Koller is a senior career diplomat from Chile. He has been alternate Permanent Representative to the International Organizations in Vienna and in Geneva and has represented Chile in the negotiations of the Treaty for the Prohibition of Nuclear Weapons in 2017. He served at numerous multilateral and bilateral posts all over the globe.
Ljubljana/ Santiago de Chile/Vienna, 18 December 2021
