Kyrgyz Minister met with EU Chief Foreign Policy Adviser

The Minister of Foreign Affairs of the Kyrgyz Republic Ruslan Kazakbaev met with the Chief Foreign Policy Adviser to the President of the European Council Simon Mordue in Brussels

On September 28, 2021, during a visit to Brussels the Minister of Foreign Affairs of the Kyrgyz Republic, Ruslan Kazakbaev met with the Chief Foreign Policy Adviser to the President of the European Council Simon Mordue.

During the meeting, the parties discussed the current state of bilateral cooperation between the Kyrgyz Republic and the EU. Minister Kazakbaev informed about the current reforms in Kyrgyzstan and upcoming parliamentary elections to be held on November 28, 2021.

Simon Mordue confirmed the readiness of the European Union to expand partner relations with the Kyrgyz Republic.

Special attention was also given to the upcoming visit of the President of the Kyrgyz Republic Sadyr Japarov to Belgium and meetings with the heads of European institutions. Minister Kazakbaev conveyed an invitation to the President of the European Council Charles Michel to pay a visit to Kyrgyzstan in 2022.

Referring to the situation in Afghanistan and regional security issues, the parties discussed plans for cooperation in the implementation of educational projects for Afghan women, peacebuilding, countering drug trafficking, violent extremism and terrorism.

Separately, parties discussed the issue of vaccination of the population within the framework of the COVAX program and the recognition of vaccination certificates for the Kyrgyz Republic for unhindered entry into European countries.

The parties considered the implementation of projects in the field of environmental protection. The European side expressed interest in expert cooperation in the field of ecology.

Calculation of rent reduction due to lockdown

0

How does the court calculate a lower rent due to the lockdown? Does online turnover count? Does it matter whether the tenant or landlord is large or small?

By Reinier Russell

The bottom line in disputes over the lease of retail and hospitality space is clear: the tenant and the landlord must share the pain of the lockdown. Closure due to COVID-19 is an unforeseen circumstance. Therefore, it cannot be contractually excluded if the contracts were concluded before the pandemic. Exoneration clauses, which are included in many rental agreements as standard, are therefore usually not applied by the court.

Equal division of the consequences of loss of turnover

A common starting point for the court is to divide the consequences of the decline in turnover equally between tenant and landlord, resulting in a lower rent. In the event of a 50% loss in turnover, 25% will be for the account of the tenant and 25% will be for the account of the landlord. The court will in this case decide to grant a rent reduction of 25% to the tenant.

Calculation of loss of turnover

But how is the loss of turnover calculated? It seems simple: a shop that is completely closed has no more turnover. The loss of turnover then is 100%. But is that really the case? After all, there are other ways to generate turnover. And do government support measures not count as turnover? In a recent judgment, the Rotterdam District Court answered these questions. It concerned a dispute about the rent of one of the stores of fashion chain Scotch & Soda.

Group level assessment: loss of turnover counts

The court found that the Scotch & Soda stores had indeed suffered a major loss of turnover. However, Scotch & Soda is part of a group with its own online sales. Part of the turnover of the stores may therefore have been transferred to the webshop. The court does not consider the fact that the online turnover is achieved in another legal entity relevant. For that reason Scotch & Soda must first submit the figures for the online turnover in the Netherlands before the court can make a ruling.

Something similar holds for a restaurant that switches to delivery service. However, I think that it can be argued that additional costs incurred for such a switch should be deducted from the turnover. The same applies to savings due to the lockdown (less purchasing, energy consumption, etc.), which should be added to turnover.

Government compensation

Most courts include the reimbursement fixed costs (Tegemoetkoming Vaste Lasten, TVL) in their calculation of the rent reduction. After all, part of the reimbursement fixed costs is explicitly intended for paying the rent. Some judges calculate the rent reduction by adding the TVL to the turnover. Subsequently, they calculate the decline in turnover, and divide this in two. However, it would be more accurate to deduct the part of the TVL that is earmarked for the rent from the rent the tenant must pay. The Amsterdam Court of Appeal has used this calculation in a recent judgment. Only after this lower rent price has been calculated, the judge will take the loss of turnover into account. If the shops, hotels, restaurants or pubs have been closed during the lockdown, this calculation will usually result in less reduction of the rent.

That the NOW scheme is also added to the turnover is less obvious. This scheme is in fact meant to pay labour costs. However, there is something to be said for the reasoning of another Rotterdam judge. This judge states that wages are normally paid from the turnover and that the NOW income therefore counts towards the turnover.

Is the tenant entitled to compensation but has not applied for it? Then the court may rule that this is for the account of the tenant and add the compensation not obtained to the turnover.

Position of tenant and landlord

In the Scotch & Soda case, the position of the landlord was also discussed. After all, the landlord also suffers loss of income due to rent reductions, while the fixed costs continue. Because the loss of income usually remains below the 30% limit, there is usually no right to compensation. However, by the court, the landlord has to substantiate this claim with documents.

Proof of loss of turnover

Whoever wants a rent reduction must provide sufficient information to prove the loss of turnover. And they must be open about other sources of income. A landlord who does not want to reduce the rent will have to prove why this cannot be required from him.

Real estate lawyer

It is important to thoroughly substantiate a request for rent reduction. The real estate specialists at Russell Advocaten will be happy to help you. We will also be pleased to assist you in other disputes concerning rent, lease, purchase and sale of retail space and business premises.

Please contact us:
reinier.russell@russell.nl / +31 20 301 55 55

3rd Annual Leiden Austrian Studies

The 3rd Annual Leiden Austrian Studies Lecture, is organized by the Foundation for Austrian Studies and Special Chair for Central European Studies in cooperation with the Institute for History, on Friday 29 October 2021, 15.15 – 17.00 in the Faculty Club, Rapenburg 73 in Leiden.

Speaker Prof. Howard Louthan, (University of Minnesota, Minneapolis, USA):

Revisiting a Renaissance Classic: Theuerdank, Maximilian I (1486-1519) and the Discovery of the World

The Leiden Praetorius Ensemble will contribute with music by Heinrich Isaac (1450-1517).

The lecture will be followed by a discussion with the audience.

Theuerdank, an epic poem produced at the court of Emperor Maximilian I in 1517 and illustrated with over hundred woodcuts, has been hailed by some as the greatest German book of the Renaissance. Part of a chivalric trilogy glorifying the life and career of the fascinating Habsburg emperor, Theuerdank tells the story of a knight (Maximilian) on a journey to win the hand of his lady (Mary of Burgundy).

In this lecture, we will turn our attention to some of these broader issues as we consider what the text and its marvelous woodcuts may tell us concerning a new understanding of politics, war, and the natural environment during the Renaissance.

Howard Louthan is director of the Center for Austrian Studies and professor of history at the University of Minnesota. He specializes in the intellectual and cultural history of early modern Central Europe with special attention to religion.

To register for the lecture, please send an e-mail to j.e.schep@umail.leidenuniv.nl

On November 2nd, 20.00 the lecture will be repeated online via Zoom. For the online version please register here: https://universiteitleiden.zoom.us/meeting/register/u5ItdeGrqjkqHdeiT_dMdbdX1WTMwhk338Wq

See also https://www.universiteitleiden.nl/en/news/2021/09/annual-lecture-2021

Feel Slovenia at the European Council

0
By H.E. Mr.  Franc But, Ambassador of Slovenia in Germany 

For the second time since becoming a member of the EU in 2004, Slovenia has taken over the presidency of the Council of the European Union. This time, we are part of the presiding trio together with Germany and Portugal. Program starting points have been prepared together for the span of 18 months.

One of key projects has been the formation of a strong European Health Union; the founding of which is linked to desire to make the EU more coordinated and less dependant on third countries when it comes to vaccines and medicines.

We are not talking about creating a whole new institution, we want to take steps towards better and more successful coordination of the already-existing institutions.

When we speak of enhancing EU’s resilience to major crises, we need to address new industrial policies as well as resistance to potential cyber attacks.

Green transition and digitalization are key issues when addressing economic, social and especially environmental future of our planet. As part of the Slovene presidency, we have been preparing implementing acts for the operationalization of ‘Fit for 55’ package.

We all wonder, which direction the EU will take in the future. Due to that we decided to carry out an enquiry amongst the inhabitants of the EU and asked them to make some predictions of their own. In the context of many events that are happening presently as a part of ‘Conference on the Future of Europe’ we are trying to bring the EU closer to the European citizens.

Slovenian presidency has already dedicated this year’s Bled Strategic Forum (BSF) to the above-mentioned topic and we are carefully monitoring the responses on the digital platform. Special focus has been placed on the questions relating to the rule of law, as one of the EU’s core values.

Important challenges of the future are linked to the questions of security. We need to find a consensus on The New Pact on Migration and Asylum, agree on a shared responsibility and solidarity as well as on finding solutions, acceptable to all. EU’s enlargement to the Western Balkans is a challenge as well as a great opportunity to complete the EU’s space by including the countries from the region, we share our future goals and ambitions with. We are confident that the EU-Western Balkans Summit (October 6th) will bring about a new momentum for the enlargement process.


For further information:

Slovenian Presidency of the European Council: https://slovenian-presidency.consilium.europa.eu/en/

São Tomé e Príncipe invested President Vila Nova

Saturday, 2 October 2021,  São Tomé,  São Tomé e Príncipe: Carlos Vila Nova was invested as the country’s fifth president since independence from Portugal in 1975. He won the latest presidential elections standing for the Independent Democratic Action party. 

From 2014 through 2018 he served in the capacity as Minister of Infrastructure, Natural Resources and the Environment, having previously to that served as Minister of Public Works and Natural Resources from 2010 to 2012. 

The Santomean president is the islands’ head of state, albeit the government is lead by a prime minister (currently Jorge Bom Jesus). The president is elected for a five years mandate, renewable for one more consecutive term. He resides at the Presidential Palace. 

For further information: 
Presidency of São Tomé e Príncipe: https://presidencia.st

The most destructive fire of all time in Greece.

 More than 1 million forest areas were burned

Greece experienced the biggest ecological disaster last summer. Third in the ranking in the Mediterranean – after Italy and Turkey – in terms of area burned this year

By Eleni Vasiliki Bampaliouta

If we add to these the hundreds of thousands of acres that were burned in Evia, Attica and other areas since the beginning of August this year, the result may reach or even exceed this number. From 1970 to 2020, almost 60,200 fires broke out. 14% of the area of ​​Greece was destroyed.

From 1980 to 2020, a total area of ​​18,190,592 acres, corresponding to 13.8% of the total area of ​​Greece, has been destroyed by the total 56,326 forest fires.
In other words, an area equal to the total area of ​​the Peloponnese and Attica was burned. The data show that the average annual number of forest fires in Greece in these 41 years is 1,373.8 while the average annual number of burned agroforestry is 443,672.9 acres.

Most of the loss of human life from forest fires is observed in Attica and more specifically in Northeastern Attica. The most affected Region of Greece both in terms of forest fires and in burned areas during the last 21 years is the Region of Western Greece and within it the most affected Regional Unit is Ilia The Peloponnese is the Region of Greece with the most burned areas from the most destructive forest fires.
Most of the catastrophic forest fires were caused in the Regional Unit of Evia. Just under 20 million acres have been incinerated in the last 41 years in Greece.


The burned areas increased by 336% compared to the average of the period 2002-2020


According to the meteo of the Athens Observatory, Greece ranks third in the Mediterranean -after Italy and Turkey- in terms of the burned area this year and second -after Cyprus- in terms of the increase (+ 336%) of the burned areas compared to the average of the period 2002-2020.

In first place is Italy with about 1.6 million acres (an increase of 314% compared to the average 2002-2020), followed by Turkey with about one million acres and an increase of 148%. In fourth place is Spain with burned areas of almost 400,000 acres (39% reduction).

In general, the Southeastern Mediterranean region, according to data from the European Forest Fire Information System, has an extremely poor picture, with almost all countries recording a significant increase in the absolute size of burned areas. These data show, according to meteo, that many aerial or other means of forest firefighting are not enough, but an immediate, drastic change is needed towards integrated solutions for managing and dealing with forest fires.


Emotional support of foreign states to Greece

A total of 18 countries responded immediately and sent aid to Greece in terms of both human resources and air and ground firefighting equipment, while the total EU assistance to Greece amounts to 9 firefighting planes, 700 rescuers and 100 vehicles.

Which foreign forces sent aid to Greece

*France: with 82 firefighters and 3 Canadair, while reinforcements are expected with an additional 100 people and 30 vehicles,*Cyprus: with 2 aircraft and a group of 40 firefighters
*Croatia: with 1 Canadair
*Sweden: with 2 Air Tractor aircraft
*Romania: with 108 firefighters and 21 vehicles
*Spain: with 1 Canadair
*Ukraine: with 100 firefighters
*Israel: with 16 firefighters
*Switzerland with 3 helicopters
*Egypt with 2 CHINOOK helicopters
*Qatar: with 69 firefighters and 5 vehicles
*Kuwait: with 42 firefighters
*USA: P-8 reconnaissance aircraft to support firefighting efforts
*Czech Republic: with 35 firefighters and 14 vehicles
*Germany: with two infantry divisions of 216 firefighters and 41 vehicles
*Poland: with 143 firefighters with 46 vehicles
*Slovakia: with 72 firefighters and 25 vehicles
*Austria: with 43 firefighters and 11 vehicles
*United Kingdom: with 21 firefighters

A few words about the photo which took around the world from the biggest ecological disaster that Greece has ever had.

“The Scream” is a painting created by Norwegian expressionist artist Edward Munch in 1893. Munch’s original German title was Der Schrei der Natur (The Scream of Nature).

Munch remembered going out for a walk at sunset when suddenly the sunlight he ate made the clouds “red as blood”. He felt an “infinite cry that pierced through nature”.
Researchers have located the spot on a fjord overlooking Oslo and have suggested other explanations for the unnaturally orange sky, ranging from the effects of a volcanic eruption to Munch’s psychological reaction to his sister being locked up in a nearby insane asylum.

The cartoonist Christos Papanikos, captured the shocking photograph of Costas Tsakalidis, referring directly to “Munch” by Munk “(by Konstantinos Kladis).

Mamady Doumbouya invested Guinean president

Friday, 1 October 2021, Conakry, Republic of Guinea: The 63rd anniversary of independence was held on Saturday 2 October in Kaloum, in the city centre of Conakry, in the presence of Lieutenant-Colonel Mamady Doumbouya, who has now been officially sworn in as head of state the day before by the Supreme Court President Mamadou Sylla at Mohammed VI Palace. 

In his televised address, the new president pledged to appoint a prime minister in the coming days. He also announced measures on the fight against corruption and the upcoming elections.

Albeit no other head of state partook at the swearing in ceremony of President Doumbouya, Mali’s Malick Diaw, President of the National Transition Council attended. 

For further information:
Presidency of Guinea: http://www.presidence.gov.gn

Talibans -Reloaded

A New Force under the Old Name

The fall of Kabul to the Taliban, pre-negotiated with the US in Doha, Qatar, has launched yet another premeditated enterprise, as fruitless as the US effort to keep Afghanistan under its own control: so many IR scholars, pundits, and journalists, in all sorts of specialized and non-specialized publications in the US and Europe, are trying to prove that the 2021 version of the Taliban has not changed in comparison to the version of the Taliban which seized control of Afghanistan in 1996 and that they will again make Afghanistan a cradle for all kinds of terrorists.

If they use facts rather than phrases, they commonly seek a confirmation of this thesis in the names of the 2021 Taliban leaders appointed to the interim government, the names which are not particularly different from those of the Taliban who governed the country from 1996.

Yet, all these experts (save the notable intellectuals such as Djawed Sangdel) have somehow failed to notice that the times have changed, and so has the geopolitical environment in which the whole overturn took place. Indeed, how can the Taliban remain the same, if the entire world has changed so profoundly, comparing the year of 2001, when the Taliban were overthrown by the US forces, with the year of 2021, when the US forces withdrew before the Taliban’s advance?  No matter how rigid they are in their faith as a religious movement, the Taliban as a political organization had no choice but to adapt to the tide of change, if they wanted to seize and exercise power in a changed geopolitical context.

There are many symbolic signs of this new context which are directly linked to the second arrival of the Taliban.

First, both the Taliban and the US sat down to negotiate the withdrawal of the US forces and transfer of power to the Taliban, which signals that the US is no longer the same hegemonic power that refuse to ‘negotiate with the terrorists’, as the Taliban were characterized by the US diplomacy for so many years.

Second, the Taliban have adopted a different political philosophy, which gives precedence to diplomatic – rather than military – means, whenever the former proves more efficient.

Third, the negotiations took place in Qatar, a country that used to be the most isolated among the Arab countries due to its alliance with Iran, which shows that the Americans have accepted not only Qataris, but also Iranians, as mediators and potential partners.

Fourth, despite their ambiguous relations and deep ideological differences, Iranians have also accepted the Taliban as a potential partner, which is also mirrored in the fact that their only Arab ally, Qatar, played the role of the mediator and host to the US-Taliban negotiations.

Fifth, China, Russia, Iran, and Pakistan did not close their diplomatic missions in Kabul after its takeover by the Taliban, which demonstrates that two global and two regional powers intend to cooperate with the Taliban-led government; moreover, that these four powers asses that they can benefit from such cooperation and accept the Taliban as a relevant regional partner of potential strategic significance.

Therefore, at the very least, the Taliban are not going to be so isolated as they were during their first incarnation, which will certainly open them up, for the first time, to various foreign policy options.

However, there is one important question that is rarely posed by those who write and speak about the Taliban. This question is the most basic one: who are, in fact, the Taliban and who actually created them? In a recent interview, the former National Security Advisor to the US President Jimmy Carter, Zbigniew Brzezinski, proudly admitted that the US intelligence agencies inserted a number of Islamist fighters’ cells into Afghanistan by the end of the 1970s, with the task to penetrate the territory of the then Soviet Union and perform military actions, so as to provoke the Soviet regime to invade Afghanistan.

The idea was to turn Afghanistan into the Soviet Union’s Vietnam-like catastrophe and thus bring the communist empire to a collapse. As we all know, the Soviets had fallen into that trap and the rest is history: they were eventually defeated and expelled by the well-organized Islamist fighters, better prepared for a guerrilla war than the Soviet army. However, no matter how Brzezinski now prides himself for this idea, it is well-known that its execution and implementation were in more than 90% left to a non-American agency, the Inter-Services Intelligence (ISI) of Pakistan, the country that was the most faithful British and American ally at the time. In an exceptional analysis Forever Friends? Pakistan and the Taliban Still Need Each Other, written by Zahid Shahab Ahmed and published in the National Interest, we can see it clearly:

After the Soviet invasion of Afghanistan in 1979, Washington approached Islamabad to become its frontline ally in a proxy war against the Soviets. During the Afghan-Soviet War (1979-1989), thousands of mujahideen were recruited from around the world and trained in Pakistan, and then deployed into Afghanistan. In addition to receiving billions in economic and military assistance from the United States, Pakistan expanded its influence in Afghanistan through close relations with the Afghan mujahideen as they later united into the Taliban in the 1990sIn 1994, Mullah Mohammed Omar founded the Taliban with fifty students in Kandahar. By 1995, the group’s control increased to twelve provinces and its size to 25,000 fighters. Due to its quick territorial gains, the Taliban managed to seize control of most of the country and established the Islamic Emirate of Afghanistan in 1996. To date, their first takeover of Kabul is attributed to Pakistan’s strong backing.

Therefore, the Taliban’s recruitment from among the Afghani and Pakistani Pashtuns and their military training for guerrilla warfare and religious indoctrination with the mixture of Pakistani Deobandi and Saudi Wahhabi Islam are to be treated as a special intelligence operation conducted by the ISI, and the same may be applied to their military victory. Of course, this operation would not have been viable without adequate coverage by the American CIA and British MI6, and assistance by Saudi Arabia’s GID (General Intelligence Directorate). Thus, the Taliban and their hybrid ideology were created for a particular purpose and their heavy-handed policies upon the seizure of power also served a particular geopolitical agenda. It would go beyond the scope of this article to analyse in detail what this agenda was or might have been. Let us only notice that the Taliban in those times prepared the ground, both ideologically and literally, to legitimize the future American ‘War on Terror’, which has brought 20 years of continuous instability to the central part of Eurasia.

In other words, there is no reason to look at the Taliban as a genuine occurrence – they had been created as a proxy and were left with no option but to remain a proxy. Whose proxy, that is the only question.

There is no doubt that the second coming of the Taliban has been prepared and backed, again, by the ISI and Pakistan. On the operative level, the Taliban have clearly remained Pakistan’s proxy. However, in the meantime, Pakistan has totally changed its geopolitical orientation and switched loyalties. Initially created by the British Empire through religious partition of the post-colonial India and secession of a great piece of the Pashtun-populated part of Afghanistan, in order to enable continuous Anglo-American control of the heart of Eurasia, Pakistan found itself abandoned and cornered by its former sponsors and allies, when they invested their capital and geopolitical weight in the strengthening and rise of its archenemy, Hindu-controlled India. Of course, this was not the first time that the British-American axis supported India against Pakistan, just as they were supporting Pakistan against India. However, this time it happened in the context of the rise of the most extreme form of religious nationalism promoted by the Indian Prime Minister, Narendra Modi, designed to eliminate Muslims as a constituent part of the Indian nation for good, which would force Pakistan to enter yet another conflict with India over a definite line of Muslim-Hindu separation. Ostensibly, it was a rational calculation by the British and Americans, to support instant economic rise of India and foster a redesign of Indian policy towards extreme, religiously based nationalism, so as to make India capable and willing to confront China, as India’s old and their new geopolitical adversary. However, such a tricky game has only pushed Pakistan to turn towards China as a potential ally and geopolitical patron. Thus the British and Americans have eventually pushed Pakistan away and lost their most faithful ally, and China has been delivered an entirely new leverage to fundamentally change the geopolitical balance in Eurasia.     

With Pakistan under the US-UK patronage and Afghanistan under American control, China had a huge problem to secure its most important strategic project, the Belt and Road Initiative, in particular its China/Pakistan and China/Central Asia/West Asia Corridors. Also, the direct access of the Anglo-American intelligence agencies to the very borderland of China, through their stronghold in Afghanistan and the porous borders of the post-Soviet Central Asian republics, made it possible to instigate China’s own ‘Muslim problem’ in the form of the Islamist radicalization of Uighurs in Xinjiang. This, predictably, provoked the Chinese regime to respond in an extremely oppressive manner, which almost put in question its relations with the entire Islamic world, especially the countries of Central Asia, thereby undermining the prospects for their participation in the Belt and Road Initiative. As this problem proved to be too difficult to solve on the internal level, China’s imperative was to take Afghanistan out of the American control and reverse this trend that gravely threatened Chinese strategic interests. In these circumstances, Pakistan’s well-known proxy, the Taliban, appeared on the horizon as the best suited instrument for that purpose. In this context, it is not difficult to imagine why the Taliban were so quickly and efficiently restored by the ISI and why they suddenly became so politically pragmatic and militarily strong.

So, the Taliban’s 2021 takeover was also decisively supported by Pakistan, as it had been the one in 1996. However, this time it has all happened in a totally different geopolitical environment, with Pakistan under China’s geopolitical umbrella, which implies a totally different geopolitical orientation on Pakistan’s, as well as the Taliban’s, part. Instead of serving the goals of Halford Mackinder’s doctrine of permanent destabilization of Eurasia, so as to secure British-American control over the world’s sea-trade routes, now Pakistan and its proxies have become open to promoting the opposite geopolitical agenda, the Chinese doctrine of building Eurasian land-trade infrastructure as an alternative to the Anglo-American hegemony over sea-trade routes. Such a doctrine, embodied in the Belt and Road Initiative, requires a long-lasting stabilization of the Eurasian geopolitical space, and Afghanistan occupies a strategic place within this constellation.      

Of course, most the Chinese officials could do in their public activities was to keep the embassy in Kabul open, recognize the Taliban, and send their Minister of Foreign Affairs, Wang Yi, to meet the Taliban delegation in Tianjin. On their part, the Taliban described China as a ‘friendly country’ and invited it to participate in reconstruction and development of Afghanistan, guaranteeing the safety of Chinese investments. However, there is no need to make guesses about whether the new version of the Taliban will really prevent various Islamist militant groups to penetrate China’s territory, as well as the territory of the post-Soviet Central Asian republics: this time, the Taliban have been resurrected and installed as a watchdog, to serve no other purpose than this one, so as to eventually make Afghanistan a part of a potential strategic alliance of China, Pakistan, and Iran. All in accordance with the Chinese strategic vision to make the Eurasian land-mass stable for transcontinental development of infrastructure, trade, and industry, designed to lead to economic, and eventually political, unification of the Eurasian continent.

About the author:

Dr. Zlatko Hadžidedić is the founder and director of the Center for Nationalism Studies, in Sarajevo, Bosnia-Herzegovina (www.nationalismstudies.org).


2021 Local Elections on Kosovo A sort of defeat of international community

By International Institute for Middle East and Balkan Studies (IFIMES).

On 17 October 2021, Kosovo will hold its fourth local elections since its declaration of independence on 17 February 2008. In Kosovo, heads of municipalities and municipal concilors are elected at local elections.

The Kosovo Central Election Commission (CEC) verified participation of 90 political subjects. Specifically, 32 political parties, 34 civic initiatives, one coalition and 23 independent candidates. There are 1,885,448 voters eligible to vote at the local elections. 

Out of 35 candidates for mayors in 10 predominantly Serb municipalities, 19 are Serbs, including three women. Out of 167 candidates for heads of 38 municipalities on Kosovo, only 13 are female candidates.  The CEC has also approved a list of 15,577 viters who will vote by mail from abroad. 

Kosovo Serbs will have an opportunity to elect from 18 lists their candidates in 21 municipalities. Specifically, the Serbs constitute a majority in 10 municipalities, and in 11 they do not. The Serb community from the north of Kosovo (municipalities Kosovska Mitrovica, Zvečan, Zubin Potok and Leposavić) will participate for the third time at local elections organized by Kosovo authorities. The election campaign officially begun on 16 September 2021. 

Kosovo still has problems with the final electoral roll, which is unrevised and not credible, as it is illogical that Kosovo has more voters than citizens. 

CSM on hold
The Brussels agreement brokered between official Belgrade and Pristina in 2013, envisages establishment of the Community of Serb Municipalities (CSM) on Kosovo. The Community of Serb Municipalities would be established by a statute, but guaranteed by Kosovo laws. Modification of Kosovo laws requires a two-thirds majority. Hence, the Community of Serb Municipalities (CSM) can be dissolved only by decision of member-municipalities. Although it is established outside the legal framework of Kosovo, the CSM is an integral part of the constitutional and legal order of Kosovo, and not part of the Republic of Serbia. Kosovo authorities do not want to implement the establishment of CSM and, in this respect, refer to the decision of the Kosovo Constitutional Court, which had ruled that 24 provisions were not in line with, that constituted a violation of, the Kosovo Constitution. 

Analysts believe that establishment of the Community of Serb Municipalities would be a way to finalize the dialogue and sign a comprehensive legally binding agreement on normalization of relations between Belgrade and Pristina. 

Kosovo still without visa liberalization
Kosovo still faces numerous problems and challenges regarding its judiciary, economic development, enormous unemployment rate, emigration, dysfunctional administration, crime and corruption. 

The talks on the Stabilization and Accession Agreement (SAA) with the EU, the talks on liberalization of the visa regime and the dialogue with Serbia are the processes that Kosovo has still not finalized. On the political scene, there has been a halt in the dialogue, primarily because of the failure to implement the Brussels and Washington agreements achieved between official Pristina and Belgrade. The agreements have to be fully implemented and the parties cannot take only what suits them in the signed agreements. 

The Kosovo government has to invest additional efforts to achieve a visa-free regime for Kosovo citizens, because Kosovo is the most isolated area in Europe. Some of the challenges that the new Kosovo authorities will have to address include: enormously high unemployment rate, the situation regarding the respect of human rights, attracting foreign investments, relations with neighbors, stopping the emigration of citizens, fight against regional and international crime and corruption, etc. Therefore, the current Kosovo government has to ensure liberalization of the visa regime for Kosovo citizens and provide to the European Union convincing evidence regarding its fight against crime and corruption, which is one of the prerequisites for liberalization of the visa regime. 
 
Decriminalization of Kosovo
The practice shows that political-criminal structures have never developed strong state institutions, but did just the opposite.  The permanent political crisis on Kosovo was a political concept and method the current political structures pursued to remain in power. With the arrival of Albin Kurti (LVV) to power and after the political changes in Montenegro, primarily because of the uncompromising fight against crime and corruption led by the Vice-president of the Montenegrin Government Dritan Abazović (URA), the criminal structures have sought refuge elsewhere in the region. 

So far, whenever a new government came to power in Kosovo it announced speedy development and promised to build strong institutions that would be a factor of internal stability and peace in Kosovo, which would contribute to stability and peace in the region. However, as the promises were never fulfilled, the citizens of Kosovo became deeply disappointed with the ruling political structures and are the only ones in the region without a visa-free regime. It is important that a visa-free regime is firstly established between Kosovo and Bosnia and Herzegovina-if the intent is to implement the “Open Balkan” initiative.

The roots of the crime in Kosovo date back to the period of the government in exile. The nucleus of the criminal structures include commanders of the Kosovo Liberation Army (UÇK-OVK) and (para)intelligence service (ShIK), who act in cooperation with the political structures. The ShIK was to be dissolved back in 2008, because in 2009 the official Kosovo Intelligence Agency (AKI-KIA) was established.  

It is important for Kosovo Albanians, just as it is for other peoples in the region, to properly face the past, because otherwise it is rather unlikely that they will be able to secure a better future. 
 
Militarization of Kosovo
Despite the announcements on establishment of “reciprocity” regarding Serbian registration plates, the Kosovo government did not inform its citizens about when will that happen or what procedures will be in force. On Monday, 20 September 2021, it introduced “reciprocity” for registration plates issued in Serbia and at the north of Kosovo, started to charge fees for issuing of Kosovo temporary plates for passenger and cargo vehicles, which had registration plates issued in Serbia, and deployed heavily armed forces of Special Units of the Kosovo Police Force (ROSU). As a response to such measures of the Kosovo government, Kosovo Serbs erected barricades at border/administrative crossings Jarinje and Brnjak. 

Freedom of movement was the first agreement brokered between Belgrade and Pristina in Brussels. This has been the most frequently discussed agreement and some of its provisions have even been revised. The relations between the two parties have evidently been degraded to such an extent that they can no longer agree even on the issue of “reciprocity”, which practically affects the daily life of the population. 

The crux of the problem are the registration plates issued by the Republic of Serbia for municipalities on Kosovo, which were valid until 14 September 2021. The agreement specified that upon expiration of the deadline both parties would reconsider, under EU mediation, this issue. However, Kosovo authorities unilaterally introduced temporary plates for vehicles from Serbia under the pretext of “reciprocity.” 

Temporary plates were introduced by the 2011 Agreement, which gives Kosovo the right to, just like Serbia, issue temporary registration plates, as well as to issue the so-called “entry/exit documents”. Although so far Kosovo did not apply the respective provisions of the Agreement, it now issues only the temporary plates, and not the entry/exit documents.

The multiyear application of such a practice on cars from Kosovo is the reason why in Kosovo the latest move was interpreted as “justified”. The problem is that this decision will not affect Serbia, but Serbs on Kosovo, as well as further complicate the lives of Albanians from Preševo, Bujanovac and Medveđa, whose livelihood is linked to Kosovo. 

Gabriel Escobar, US Deputy Assistant Secretary for the Bureau of European and Eurasian Affairs and the new envoy of the State Department for West Balkans stated “I think both sides should refrain from militarizing this issue and should not send special units to a place where there is KFOR and where there is no need for that. As far as the issue of license plates is concerned, we would like to see some progress in Brussels in the next seven days.[2]”   

All until the establishment of second Kurti’s government, for over a decade Kosovo had been illegally collecting fees for car insurance for vehicles from third countries, which according to some assessments generated more than 100 million Euros in unlawful revenues from car insurance charged at border crossings on vehicles entering Kosovo.  Car insurance tariffs were charged as follows: 15 Euros per vehicles for a period of 15 days and 30 Euros per vehicle for a period of 30 days. Collection of unlawful revenues is attributed to the closest members of Hashim Thaçi‘s family. Kurti’s government abolished this unlawful collection of revenues, which was dubbed as “the Thaçi’s tax.”

According to analysts, the current situation is a result of the wrong moves the international community has made in Kosovo and is a sort of a defeat of the international community, particularly the EU. Poor mediation of the dialogue by the EU, the failed EULEX mission and unnecessary deployment of special units of ROSU, whose composition does not reflect the demographic structure at the north of Kosovo, bearing in mind that KFOR units have the mandate to guarantee security on the whole territory of Kosovo. Unilateral moves undermine the already fragile peace and latent stability, and the reciprocity measures would make substantial sense only after the signing of a comprehensive and binding agreement on normalization of relations between official Belgrade and Pristina. It is evident that the dialogue between official Belgrade and Pristina has to be continued and become a priority. So far, the EU had spent more than two billion Euros of EU taxpayers’ money in Kosovo- mainly in vain. Most importantly at this time, Belgrade and Pristina have managed to achieve under EU mediation a provisional agreement for the next six months, which will provide for unimpeded movement of cars without removal of registration plates. Actually, this agreement has prevented further escalation of the conflict.

De- Thaçization of Kosovo
Kosovo Specialist Chambers and Specialist Prosecutors’ Office (KSC-SPO), was envisaged as the response by Kosovo to the assertions from the Report of Special Rapporteur of the Council of Europe (CoE) Dick Marty on trafficking of human organs and, simultaneously. It was also an additional impetus to embark on de- Thaçization of Kosovo, that is dismantling of Thaçi’s regime, which should pave the way to internal consolidation of the country. Therefore, it is important that the KSP-SCO has taken root, as it will enable achievement of justice, which would provide satisfaction for the victims and their families, but also relax the relations in Kosovo and provide for a better and more certain future. 

Marty’s report specifies that in the period from 1998 to 2000 members of the Kosovo Liberation Army (OVK- UÇK) had committed crimes. The Specialist Chambers has jurisdiction over crimes committed on Kosovo in the period from 1January 1998 and 31 December 2000. Although it is a Kosovo court, it is funded by the EU and includes international staff. Four leaders of the former Kosovo Liberation Army (OVK/UCK), Hashim Thaçi, Kadri VeseliJakup Krasniqi i Rexhep Selimi, are tried on the basis of indictments for a number of crimes against humanity and war crimes, including murders, enforced disappearance of persons, persecution and torture. Thaçi and Veseli were even involved in obstruction of justice, while one witness in this case was assassinated.

Showdown with Vučić through Kosovo
Local elections in Kosovo are once again an opportunity for a showdown between a part of Serb opposition and Albanian political parties, on one side, and the Serb List (SL), which is supported by the Serbian President Aleksandar Vučić (SNS) on the other. In fact, as the Serb List (SL) is a favorite to win the local elections in the Serb communities in Kosovo, they will try to use that for a showdown with Serbian President Vučić and in such a way influence the results of the upcoming presidential and parliamentary elections in Serbia. As the day of the local elections in Kosovo approaches, the tensions aimed against the Serb List, including threats and violence are increasing. Therefore, it is of exceptional importance to finalize the Brussels dialogue between official Belgrade and Pristina with the signing of a legally binding agreement on normalization of relations, as well as to abolish borders and eliminate barriers in the region through the “Open Balkan” initiative.
 
Merkel recognizes Vučić’s central role in the region 
During her recent visit to Serbia, the outgoing German Federal Chancellor Angela Merkel (CDU) stated that Serbian President Vučić was a person who “does not make false promises, but strives to implement in practice everything that he promises.[3]” 

Analysts believe that thanks to President Aleksandar Vučić Serbia has become the center of developments in the region and is of key importance for preservation of peace and stability. Economic development and establishment of “Open Balkan” are the priorities in regional cooperation, because due to the economy of scale principle small countries cannot attract global investors and therefore have more difficulties ensuring sustainable growth and development. Elimination of internal borders and administrative barriers, as well as custom fees, would definitely be more efficient for West Balkan countries if they would have a harmonized infrastructure policy and work together on economic recovery of the region. 

During his recent visit to Serbia, the Austrian Federal Chancellor Sebastian Kurz[4] noted the excellent economic development and added that while the pandemic had caused an economic setback in many countries, Serbia did not record almost any decrease in its economic growth. He reminded that Serbia’s forecasted growth was at a level between 6 and 7%, which, as he said, was a very positive development that will have a positive effect on the Austrian economy as well, because of the close ties between the economies of the two countries. Serbia managed the corona crisis well, which is good for Austria as one of the major investors in the country. We profit from positive development of Serbia, Kurz underscored. 

While Vučić is fully rebranding Serbia, Kosovo has so far constantly regressed because of the irresponsible political elites, who held public offices and responsible positions but were always focused on their parochial interests and unlawful acquisition of wealth, not the interests of Kosovo. 

Local elections– chance for groundbreaking changes 
After the recent parliamentary elections, one of the key players on the political scene in Kosovo is the Self-Determination Movement (LVV), which has prevailing primacy over other political subjects and enjoys major public support. So far, the central authorities at Kosovo impeded development of individual local communities and the local elections are an opportunity to end that practice. 

The voters are not inclined to support a coalition of LVV with other parties, because many voters believe that the political-mafia structure had unconstitutionally and illegally removed the first government of Prime Minister Albin Kurti. This applies primarily on the younger people who perceives the LVV and its leader Kurti as a breath of fresh air on the political scene. 

Victory of the LVV at local elections would further stabilize the political situation at the local level and allow for groundbreaking changes in local communities in Kosovo. However, in this context, it is important that the LVV demonstrates political sensibility towards minorities and particularly the Serb community. 

The citizens want positive changes. Every second citizen of Kosovo is under the age of 30 and their future is still uncertain and sealed. 

Ljubljana/Washington/Brussels/Pristina, 8 October 2021     
                                   
Footnotes:
[1IFIMES – International Institute for Middle East and Balkan Studies, based in Ljubljana, Slovenia, has Special Consultative status at ECOSOC/UN, New York, since 2018.
[2] Gabriel Escobar, Interview with VOA: “Issue of plates to be discussed in Brussels, Serbia and Kosovo not to militarize the situation,” link:  https://www.glasamerike.net/a/ekskluzivno-intervju-garbrijel-eskobar-glas-amerike-srbija-kosovo-tablice-dijalog-evropska-unija-integracije/6244592.html
[3] AA: “Vučić: Merkel was undoubtedly the  true leader of Europe”, link: https://www.aa.com.tr/ba/politika/vu%C4%8Di%C4%87-merkel-je-nesumnjiva-liderka-evrope-koju-su-svi-%C5%BEeleli-da-%C4%8Duju/2363822
[4] RTS – Kurz: European integration is primarily a geopolitical issue, EU has to be a reliable partner, link: https://www.rts.rs/page/stories/sr/story/9/politika/4500970/kurc-evropske-integracije-su-pre-svega-geopoliticko-pitanje-eu-mora-biti-pouzdan-partner.html
I

Leonardo’s Faces – Sido de Brabander

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.

  • Name: Sido de Brabander
  • Nationality: Dutch       
  • Function: Head chef
  • Department: Kitchen

When did you start working at the Promenade Hotel?

First of February 2012

Have you always worked in the same department?

Yes, the kitchen is my second home

What was the most remarkable diplomatic event you experienced?

The Food festival of Indonesia with chef Agus

Why was this so remarkable?

Because I love Indonesia, I love the kitchen and that festival I had the opportunity to cook with a very good Indonesian chef. This gave me the opportunity for another look and feel about the authentic Indonesian kitchen.

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

Because of all the traveiling I did around the world plus my interest in the different kitchens all around the world, I learned a lot about having respect for food, and the way you treat it. I believe that we have a lot to learn in the Netherlands about respect for (good) food. For example, in Italy they say: “You live to eat, you don’t eat to live.”

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

Every event, I get new energy from the guests and, I hope to pick up something new. There is so much more to explore in the world!

What is an international habit that you find interesting?

Like I explained, the respect for food and the importance of it.