Caspian: Status, Challenges, Prospects

An Analysis into the Legal Classification, Security and Environmental Concerns, Geopolitics and Energy Flow Impact of the Caspian Plateau

How has the world’s largest inland body of (salty) water escaped the economic and political notice for so long? And it is for a resource-rich area of a unique locality that connects Europe and Asia in more than just geography. Simply, the Caspian Basin is an underrated and underexplored topic with scarce literature on its geomorphology, mineral deposits and marine biota, its legal disputes, pipeline diplomacy, environmental concerns and overall geopolitical and geo-economic interplays. 

As the former Minister of the Canadian government and Secretary General of the OECD – Honorable Donald J Johnston – states in the foreword, Caspian – Status, Challenges, Prospects “is a fitting title for a book that masterfully gives an objective, comprehensive overview of the region. The authors have compiled an analysis of Caspian’s legal classification, security and environmental concerns, geopolitical scenarios, and energy flow impacts as they affect the world’s largest continental landmass – Eurasia.”

From comprehensive but content intensive insights on Caspian littoral states Azerbaijan, Kazakhstan, Iran, Russia and Turkmenistan, to external actors like Turkey, EU, China and the United States, readers are presented how separate actors and factors interact in this unique theater. The book elaborates on the legal classification of the Caspian plateau including the recent ‘Convention on Legal Status of the Caspian,’ to the numerous territorial and environmental security concerns.

Prof. Anis H. Bajrektarevic and his co-authors present Caspian as the most recent, fresh and novel way, in one stop-shop offering broad analysis on the Caspian region. It is a single volume book for which extensive information is exceptionally rare to find elsewhere. Following the read, authors are confident that a new expanse of scholarly conversation and actions of practitioners will unfold, not only focused on Caspian’s unique geography, but its overall socio-economic, politico-security and environmental scene.

Welcoming the book, following words of endorsements have been said:

The Caspian basin and adjacent Central Asian region (all being OSCE member states, apart from Iran) have, since the early Middle ages, acted as a crossroads between different civilizations and geopolitical spaces. In an increasingly interconnected world, growing geopolitical competition, economic interdependence and the emergence of new global challenges, particularly those related to water, energy and the climate emergency, have highlighted the relevance of this region, making it of increasing interest to researchers and academics. This book presents a thorough analytical compendium of historical factors, political dynamics, economic trends, legal frameworks and geopolitical interests which underpin, but also affect, the stability and development of this complex, diverse and strategically significant region.

H.E. Mr. Lamberto Zanier, Secretary-General, Organization for Security and Cooperation in Europe (2011-2017). OSCE High Commissioner on National Minorities (2017-2020).

A thoughtful, comprehensive and balanced analysis of the complex interplay between geopolitics and geo-economics in Central Eurasia, and pivotal energy plateau – that of Caspian. We finally have an all-in reader that was otherwise chronically missing in international literature, which will hopefully reverse the trend of underreporting on such a prime world’s spot. 

Hence, this is a must-read book for those wondering about the future of one of the most dynamic and most promising regions of the world and what it could entail for both reginal and external players. 

Mr. Andrey Kortunov, Director General, Russian International Affairs Council

Although of pivotal geopolitical and geo-economic importance, Caspian energy plateau represents one of the most underreported subjects in the western literature. Interdisciplinary research on the topic is simply missing.

Therefore, this book of professor Bajrektarevic and his team – unbiased, multidisciplinary, accurate and timely – is a much-needed and long-awaited reader: A must read for scholars and practitioners, be it from Eurasia or beyond.  

It is truly a remarkable piece of work!  

Authors were able to tackle a challenging subject with a passion, knowledge and precision, and turn it into a compelling, comprehensive yet concise read which I highly recommend.   

Former Minister of Foreign Affairs, Republic of Kazakhstan, H.E. Mr. Erzhan Kazykhanov, Ambassador. Embassy of Kazakhstan, Washington dc, USA 

ARTNeT secretariat is pleased to see how our initial invitation to Prof. Anis H. Bajrektarevic to present at the ARTNeT Seminar Series in 2015 evolved. The talk was initially published as a working paper for ARTNeT (AWP 149). Now Prof. Bajrektarevic, in collaboration with another two co-authors, offers a comprehensive study on a nexus of legal, security, and environmental issues all emanating from and linked to energy cooperation (or lack thereof) in the subregion. This volume’s value extends beyond the education of readers on the Caspian Basin’s legal status (e.g., is it a sea or a lake?). It is just as relevant for those who want a more in-depth understanding of an interplay of economic, security, and political interest of players in the region and outside. With the global institutions increasingly less capable of dealing with rising geopolitics and geo-economic tensions, more clarity – even if only about some aspects of those problematic issues – should be appreciated. This volume offers such clarity.   

Ms. Mia Mikic, Director, UN Economic and Social Commission for Asia and the Pacific (UN ESCAP). ARTNeT coordinator

It is my honor to reflect on this work on Caspian. Comprehensive and content rich, this book of professor Anis H. Bajrektarevic and his co-authors brings up comprehensively all the useful information on Caspian, with the geographical and historical background and cultural, economic as well as security aspects related to it.

Authors’ novel and unbiased approach shall certainly help decision makers in their bettered understanding of the region that has centuries-long history of peace and cordial neighbourly relations. Long needed and timely coming, I warmly recommend this reader to those who want to know, but more importantly to all those who want to understand, this pivotal region of the world.

Mr. Ali Asghar Soltanieh, Former Ambassador of Islamic Republic of Iran to United Nations and other International Organizations in Geneva & Vienna

The book by Professor Bajrektarevic and his co-authors embodies a wide-ranging overview of the intertwined interests pursued by the young democracies of the Caspian basin, battling with inherited land and water disputes, and their interplay with regional and global powers. Apparently, supporting political independence of the formers and promoting their integration into the latter’s markets requires adequate analyses, timely outreach policies and consistent engagement. In this sense the publication serves as one of the scarce handbooks to understand diverse interests of stakeholders, dynamically changing security architecture of the region and emerging opportunities of cooperation around the Caspian Sea.

Ambassador Galib Israfilov, Permanent Representative to the UN Vienna and to the OSCE. Embassy of Azerbaijan to Austria

Access to Information Laws No Human Rights without Right to Know

A response to Dunja Mijatovic Council of Europe, Commissioner for Human Rights.

By Eugene Matos De Lara and Audrey Beaulieu.

“People have the right to know what those in power are doing” Dunja Mijatovic Council of Europe, Commissioner for Human Rights.

Access to information legislation was first seen in 1766 in Sweden, with parliamentary interest to access information held by the King. Finland in 1951, the United States in 1966, and Norway in 1970 also adopted similar legislation. Today there are 98 states with access laws; of these, more than 50 incorporated in their constitution. The Inter-American Court of Human Rights 2006 and the European Court of Human Rights 2009 both ruled that access to information is a human right, confirmed in July 2011 by the United Nations Human Rights Committee, a sine qua non of 21st-century democracy.

Global civil society movements have been promoting transparency, with activists and journalists reporting daily on successes in obtaining information and denouncing obstacles and frustrations in the implementation of this right. To this end, the Council of Europe was inspired by pluralistic and democratic ideals for greater European unity, adopted the Council of Europe Convention on Access to Official Documents recognizing a general right of access to official documents held by public authorities.

It brings a minimum standard for the fair processing of requests for access to official documents with the obligation for member states to secure independent review for restricted documents unless withheld if the protection of the documents is considered legitimate.

The right to freedom of information

Access to information is a government scrutiny tool. Without it, human rights violations, corruption cases, and anti-democratic practices would never be uncovered. Besides exposing demerits, the policy is also known to improve the quality of public debates while increasing participation in the decision making process. Indeed, transparency of authorities should be regarded as a fundamental precondition for the enjoyment of fundamental rights, as guaranteed by Article 10 of the European Convention on Human Rights.

The policy equips citizens and NGOs with the necessary tool to counter refusal from authorities to provide information. The European Court of Human Rights recognized that withheld documents could be accessed in specific circumstances. In principle, all information should be available, and those upheld can also be accessed, particularly when access to that particular information is crucial for the individual or group to exercise their freedoms unless of course, the information is of national security or of private nature.

Access to information in times of crisis a first line weapon against fake news

The COVID pandemic has enabled us to test access policies and benchmark the effectiveness of the right to know during trivial times, as Dunja Mijatovic mentioned. In fact, having easy access to reliable information protects the population from being misled and misinformed, a first-line weapon dismantling popular fake news and conspiracies.

Instead, during COVID, access to information has supported citizens in responding adequately to the crisis. Ultimately, transparency is also a trust-building exercise.

Corruption and environmental issues

Information is a weapon against corruption. The Council of Europe Group of States against Corruption (GRECO) is looking at the specific issue of access to official documents in the context of its Fifth Evaluation Round, which focuses on preventing corruption and promoting integrity in central governments and law enforcement agencies.

In about a third of the reports published so far, GRECO has recommended the state to improve access to official documents. In regards to the environment, the United Nations Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, commonly referred to as the Aarhus Convention, expands the right of access to information on environmental matters thus complementing the Tromsø Convention.

Declaring these policies as the primary tools that empower citizens and defenders to protect the environment we live in.

Good models exist

Most Council of Europe member states have adequate mechanisms regarding the right to information. For example, in Estonia, “the Public Information Act provides for broad disclosure of public information” states Mijatovic. Moreover, “in Croatia, Serbia, Slovenia and several other countries there is an independent oversight body – such as an Information Commissioner – responsible for monitoring and enforcing the right to information, while some other countries entrust Parliamentary Ombudsmen with supervision of the right of access to information”.

Finally, “the constitutions of several European countries do indeed guarantee the fundamental right to information.” Nonetheless, there are still inconsistent levels of transparency among state institutions or a failure to meet the requirement for proactive disclosure. The entry into force of the Tromso Convention will be an opportunity to bring back to the table the importance of the right to information and to readjust European States practices regarding the enhancement.

Barriers and Challenges

Digitization is still recent, and authorities are not accustomed to dealing openly. There is a sentiment of reservation and caution. Before the advent of the internet, governments enjoyed a level of political efficiency and practical obscurity. Viewing public records required the time and effort of a visit to the records’ physical location and prevented easy access to details of individual files. Openness has made the policy cycle longer, with a more thorough consultation process and debates. The availability of digital documents has caused an unavoidable conflict.

One of the conflicts is a privacy protection and policy safeguards invoked against freedom of information requests. Requirements to provide transparency of activities must be mitigated with national security, individuals’ safety, corporate interests, and citizens’ right to privacy. Finding the right balance is essential to understand how local governments manage the dichotomy between providing open access to their records by maintaining the public’s privacy rights.

Several governments think twice before pursuing transparency policies. Access to information hasn’t been a priority for some of the European States. Mijatovic reported that “filtering of information and delays in responses to freedom of information requests have been observed in several member states”. Although there is a growth in these laws’ popularity, we are always a step behind meeting the supply and demand of information objectives in an era of digitization.

Legal perspectives

Tromso Convention has only been ratified by eleven countries, which are mostly located in Scandinavia (Finland, Norway and Sweden) or in Eastern Europe (Bosnia, Estonia, Hungary, Lithuania, Moldavia and Ukraine). Reading this statement, three questions should come to our minds:

1.    Why not all European states have ratified Tromso Convention?

2.    Why do Scandinavian countries have chosen to ratify the Convention?

3.    Why are most of the Member States from Eastern Europe?

Regarding the first question, the answer resides in the fact that the ones who haven’t taken part in the Convention already have strong national laws protecting freedom of information and don’t need to bother with extra protection and external surveillance. For instance, Germany passed a law in 2005, promoting the unconditional right to access information. Many other European states such as Belgium, Croatia, Denmark, France & Poland have similar national law.

Regarding the second question, considering that all Scandinavian countries already have national laws assessing freedom of information, the most likely reason behind their ratification would be symbolic support to the cause or because the Convention’s framework is less restrictive than their national laws.

Finally, concerning the last question, we could suppose that most Eastern countries have an interest in demonstrating themselves as more transparent and more following the rule of law. For example, if we examine Montenegro’s case, we could assume that taking part in the Tromso Convention is a step closer to their accession to the European Union in 2025.

As for the reservations that have been made, only Finland, Norway and Sweden have made some noticeable. Regarding Norway, the country declared that “communication with the reigning Family and its Household” will remain private in accordance with Article 3, paragraph 1 of the Convention.

This limitation covers something interesting, considering that, as mentioned earlier, access to the data type of legislation was first adopted in order to get access to information held by the King. In parallel, Finland declared that “the provisions of Article 8 of the Convention concerning the review procedure [will] not apply to a decision made by the President of the Republic in response to a request for access to a document. Article 8 provides protection against arbitrary decisions and allows members of the population to assert their right to information.

Sweden has made a similar reservation on Article 8 paragraph 1 regarding “decisions taken by the Government, ministers and the Parliamentary Ombudsmen”.

Thoughts towards better implementation

For smoother data access implementation, governments can act on transparency without waiting for legislation through internal bureaucratic policy. These voluntary provisions for openness can be an exercise towards a more organic cultural transformation.

Lengthy debates on open access are entertained by exceptions to access. To be sure, governments have enough legal and political tools to withhold information, regardless of how exemptions have been drafted. Instead, a more productive and efficient process is possible if we concentrate on positive implementation and enforcement, including the procedures for challenges on legal exemptions.

The implementation phase of access laws is challenging due to a lack of leadership motivation, inadequate support for those implementing these requests, especially since they require a long term social and political commitment. To do so, an overall dedication and government bureaucratic cultural shift should take place.

Although the implementation of access to information should be included internally in all departments, considering a standardized centralized approach to lead the new regime with authority could send an important message. Record keeping and archiving should be updated to respond to requests with improved information management systems. As such, the goal would be to make a plethora of information immediately and unconditionally available.

About the authors:
Eugene Matos De Lara

Eugene Matos De Lara, publisher of the academic journal Border Crossing, he is an International Private Law specialist of the University of Ottawa, Canada.

Audrey Beaulieu.

Audrey Beaulieu of the University of Ottawa (Globalization and Intl Development Department), specialized in Public and Private International law, international development and global politics.

Where is a Will – there is Brazil Society 2020, despite the Pandemics

Photo by E. Dos Santos-Duisenberg : Labirinto de David, Búzios, Rio de Janeiro, Brazil.

After a century, the world population faced a new pandemic that fast spread globally, affecting individuals both physically and mentally. Covid-19 started in late 2019 in Asia, spreading so fast that despite the global connectivity and highly sophisticated information technology and communication systems, the interconnected society of the 21st century was incapable to fast react in order to avoid contagion and prevent the worst. Gradually, the pandemic is making a tour around the globe contaminating citizens even in rural communities from all continents. Worldwide, there have been 32 million confirmed cases with over 1 million deaths during the first 9 months of this year[1].

From this universal pandemic we learned that the interdependent globalized world of 2020 is connected but not synchronized – or as earlier in crisis, prof. Anis H. Bajrektarevic well-noted ‘world on autopilot’[2]. All scientific, technological and digital knowledge accumulated over centuries remains inept to protect our civilization from an invisible virus that, ironically, can be eliminated with just soap and water. Obviously, the magnitude and the economic, social and cultural impact of this pandemic took humanity by surprise.

Society was already undergoing a deep process of transformation on all fronts. Debates were focused on the fragility of democracy, climate change and sustainability, inequality and inclusion, gender and race, social media and fake news, virtual payments and crypto currencies, artificial intelligence and blockchain. Science, knowledge and technology were advancing at a fast rate in all fields including genetics, neuroscience and biotechnology. Nevertheless, health-care was not a top priority for public investments or national budgets. Yet, with the eruption of the pandemic, priorities had to be immediately revisited.  A human-centred and inclusive approach became imperative in every corner of the planet. Incontestably, the 2020s is bringing irreversible disruptions.

Lockdown measures and social isolation deprived individuals of free movements, restricting social gatherings and citizen’s mobility. The home-office dismantled solid organizational structures of daily work conviviality. Closure of schools prevented children from accessing formal in-person education, creating a childcare crisis for working parents.  Crowded metropolis became empty urban centres, no shopping, no restaurants and no city life. Cultural festivities and spaces such as theatres, cinemas, and museums had their activities suspended leaving artists, cultural and creative professionals as well as street-vendors out of jobs. Parks and sportive centres became inactive and international tourism ceased.

Conversely, family life became the heart of social order. Parents that were extremely busy with their jobs had to juggle between work and the education of their children. People became less egocentric and started showing more empathy with the needed ones. Solidarity has been manifested in donations and collective assistance by civil society. Companies engaged with social responsibility.  Artists, cultural and creative workers were defied to work even harder at home to find new niches in the virtual domain. The confined society had to rediscover its ethical values, principles and priorities.

Free-time and leisure at present

Paradoxically, this shift in human behaviour brought us back to a theory of economics that emerged a century ago (Ruskin, 1900) “There is no wealth but life”. In this new-old context, free-time, leisure, well-being and culture are closely associated. Usually, we use our free-time to carry out activities that are not directly related to work, duties or domestic occupations. May be free-time is an illusion because only in exceptional occasions our time is completely free. Leisure, however, is a subjective concept which varies depending on the society which we belong. It is connected with our participation in cultural life, reflecting the values and characteristics of a nation. Thus, it can be considered a human right according to the UN Declaration of Human Rights (1948), and in particular the International Convention on the Economic, Social and Cultural rights (1967).

Despite some divergent definitions of leisure there is convergence around three distinctions: (i) leisure as time; (ii) leisure as activity; and (iii) leisure as a state of mind. Firstly, it is defined as the constructive use of available time. Leisure as a variety of activities includes the practice of sports or actions related to intellectual and human development like reading, painting, gardening etc. and those can be leisure for ones and work for others. Understanding leisure as a state of mind is complex since it depends on individual perceptions about concepts such as freedom, motivation, competency etc. Certain skills can be considered leisure depending on the degree of satisfaction, emotion or happiness it causes. Yet, the most important is the possibility of free will.

Time available for leisure also varies according to cultural, social and even climate considerations. The notion of time can be different in Africa, Asia, Latin America or Europe. Usually people who live in areas of hot climate enjoy outdoor activities and sports while Nordic people whose habitat is in cold weather prefer indoors socialization and hobbies like playing chess, classic music etc. Social leisure embraces communitarian happenings such as going to the beach, practicing sports in a club etc. Behavioural studies indicate the benefits of social leisure for the well-being of individuals, self-esteem and cultural identity[3].

Moments of leisure are essential in all phases of our life. During childhood and adolescence most of our time is devoted to study and sports while at adulthood our time is mostly consumed with work and family. Indeed, it is at senior age that retired people generally have extra free-time to enjoy cultural events, leisure and tourism.  Globally people are living longer and a new age structure is taking shape: the young senior (65-74 years), the middle senior (75-84 years) and the older senior as from 85 years old. According to the United Nations,[4] in 2018 for the first time in history, persons aged 65 years or over outnumbered children under age five. This partially explains the vast number of people in the group of risk requiring quarantine protection throughout the pandemic period.

Well-being and spirituality in pandemic times

https://lh3.googleusercontent.com/pw/ACtC-3eEvkx49yWCaayXUaxxeXPDZrcl0VJuJM3ea4QWCwZWPvHlW00r_zkHms_QT0r23Jc8fxrqtSnQvwWHdOtsMANRUdVlqPGBkKdsQ0UoXulvTKaNWLvO6f-aRkIjxiErNBbOhTY8ngdoxsmEdEiQZ0ZdDg=w826-h620-no?authuser=0

Photo by E. Dos Santos-Duisenberg : Pirâmide Sinética, Búzios, Rio de Janeiro, Brazil

During the pandemic, reflections about well-being and spirituality gained space in our minds. It is undeniable that the constraints brought about by lock-down measures and social distancing, offered us more free-time but very limited leisure options. We gained additional time to be closer to loved ones and to do things we like most at home. Enjoying family life, including eating and even cooking together became a shared pleasure and a new leisure style. Individuals had to optimize the quality of their temporarily sedentary lives.  

Global pandemics affect our collective mental health. Given the prevailing health and economic insecurity, the focus of our attention has been on well-being, strengthening friendships, expanding social network, practicing solidarity, improving self-esteem as well as reflecting on spirituality and religion. Suddenly the exuberant society of 2020 is afraid of the unknown virus and its long-term harmful consequences on day-to-day life. Well-being and happiness became the essence of achievable goals.

People are emotionally fragile in this moment of anxiety. Individuals are suffering losses that will persist long after the pandemic will be over.  Some feel stressed or depressed while others react by searching for relief in exercising, relaxation, meditation, yoga or mindfulness training.  Individuals are finding new ways to overcome solitude and boost mental resilience. Current philosophical thinking (Harari, 2018) is reminding us that homo sapiens have bodies but technology is distancing us from our bodies[5].

Inspirational talks in likeminded groups have been helpful for reconnecting people dealing with an uncertain future. Social engagement and advocacy for health causes are used for promoting social change. Thus, besides upgrading healthcare systems and putting in place special measures for accelerating economic and cultural recovery, targeted governmental support will be needed to improve mental well-being and raise the overall level of satisfaction and happiness of citizens in the post-crisis.

Culture and e-learning nowadays

In a short period of time, many went from an exciting social and cultural lifestyle to a simple life. People had to assume the role of protagonists of their actions. Due to open-air limitations, free-time activities had to be less physically-intensive (no bike, tennis, jogging etc.), and more creative-oriented such as designing, playing music, writing. Much time has also been spent watching TV series, surfing the internet, viewing live music concerts, video-gaming, attending video-conferences as well as socializing in virtual chats. Equally, there are growing concerns about the ethics of consumer technology and internet addiction “time well spent” (Tristan, 2015)[6].

 A recent study[7] carried out in the UK to track digital cultural consumption during the pandemic, indicates that the median time spent daily watching TV are 4 hours, while listening to music, watching films and playing video games each day are 3 hours respectively. Understanding human behaviour, in particular youth habits can help to indicate new cultural trends and consolidate social cohesion in post-pandemic times. Moreover, policy-makers could consider engaging cultural institutions and employing artists and creatives to help facilitate a collective healing process and kick-start recovery.

It is widely recognized that the arts, culture and creative sectors were hit hard by the pandemic. Whist digital cultural and creative products for home consumption were in high demand, others tangible creative goods like arts, crafts, fashion and design products sharply contracted. Many artists and creatives had no option than to experiment on work in digital spaces, since they had to go global from home.

Despite the fact that 4.5 billion people (60% the global population) use internet[8], the availability of affordable broadband access is a pre-condition to use and benefit from the opportunities provided by digital tools. This applies to both producers and consumers of cultural and creative digital content. Currently, videos account for 80-90% of global digital data circulation, but at the same time Latin America, the Middle East and Africa together represent only around 10% of world data traffic[9]. This evidence points to digital asymmetries that are being aggravated. Creativity only is not enough to transform ideas into marketable creative goods or services if digital tools and infrastructure will not be available.

The pandemic also had a strong impact on education and learning.  Re-thinking education was already a topic on the agenda of many countries in order to respond to the realities of the jobs market in the 2020s.  Besides the need to adapt methodology and pedagogical practices, many believe it is necessary to bring an interdisciplinary and applied approach to curricula with focus on science, technology, engineering and mathematics (STEM)[10], preferably also integrating arts (STEAM). In any case, the education system has been forced to quickly adjust to remote learning. Globally over 1.2 billion children are out of the classroom in 186 countries[11]. In Latin America schools are closed and around 154 million children between the ages of 5 and 18 are at home instead of in class[12]. Furthermore, access to school-related inputs is distributed in an unbalanced manner; wealthier students have access to internet and home-schooling while the poorer have not. Young people are losing months of learning and this will have long-lasting effects. The loss for human capital is enormous.

On the positive side, continuous e-learning became a trend and a necessity.  Innovation and digital adaption gave rise to a wide-range of on-line courses. Millions of learners are upgrading their knowledge and skills in different domains through distance learning, whether through language and music apps, video conferences or software learning.  Some are free others have to be paid for, but what is absolutely transformative is that access to knowledge became more democratic.  Independently of age or field of interest, learners from different parts of the world can have access to prestigious universities or practical training.  E-learning, where teaching is undertaken remotely and on digital platforms already existed, but demand has sharply increased during pandemic and this might be a point of no return.

Over these critical 9 months, there are growing signs that the 2020s will face a new set of challenges and life will not be back as usual. The future will be very different when compared to the recent past.  Hope and fear are likely to co-exist for a certain time. There are new values, new lifestyles, new social behaviour, new consumption standards, and new ways of working and studying.  The pandemic has imposed a deep ethical and moral re-assessment on society. This turning point is leading to a deep socio-economic renovation and hopefully to a more inclusive and sustainable society.

About the author:

Edna dos Santos-Duisenberg

*Edna dos Santos-Duisenberg is an economist renowned for her pioneering work in research and international policies on creative economy and its development dimension.  She set-up and leaded the UNCTAD Creative Economy Program launching the UN Creative Economy Reports (2008 and 2010). Advisor associated with the United Nations Institute for Training and Research (UNITAR). Member of the International Council of the Creative Industries Policy and Evidence Centre (PEC, London) led by NESTA (UK National Endowment for Science, Technology and Arts).  She also serves as Vice President of the International Federation of Internet and Multimedia (FIAM, Montreal). Advises governments and international institutions and collaborates with universities in Europe, Latin America, Asia and the United States. 



Paris ! L’hôtel à « Solférino »

Par Alexander Khodakov.

L’ambassade à Libreville n’existe pas encore. En octobre 1974 le Ministère y envoie « le groupe d’avant-garde », qui a la tâche de préparer le terrain pour l’arrivée de l’ambassadeur et du reste du personnel. Ce groupe est composé du conseiller Nikolaï Kotov, du troisième secrétaire Alexandre Konouzine, de sa femme Marina, qui est le chef de la chancellerie, et de l’économe Victor Martynov.

En novembre 1974 sonne l’heure du départ. Je connais déjà mon ambassadeur ; à l’aéroport je fais connaissance avec sa femme, qui me paraît très douce et décontractée. Comme ils voyagent en première, je ne les revois qu’à Paris. Un employé de l’ambassade, qui vient nous chercher à l’aéroport, nous conduit à l’hôtel. Je me rappelle encore très bien son nom – Hôtel de l’UNESCO. C’est là que ça se gâte. Tout d’un coup, l’ambassadeur s’indigne : « Vous êtes tous devenus fous, ici ? Moi, l’Ambassadeur de l’Union soviétique, je ne peux pas loger dans cet hôtel, qui est moche comme tout ! Emmenez-moi à l’hôtel Montalembert ! » Comme il a travaillé lui-même à Paris, il s’y connait, l’ambassadeur. L’employé de l’ambassade obéit. À l’hôtel Montalembert, où on est arrivé tous ensemble, l’ambassadeur reçoit la clé de sa chambre tout de suite. Je dois patienter près de deux heures, avant qu’on m’en trouve une.

Maintenant, il s’agit de faire une randonnée. En plus, le problème de subsistance se pose et grandit à la minute. J’ai faim ! Bien, je suis à Paris, où il y a plein de cafés et de bistrots, je pourrai me ravitailler sans tarder, me dis-je. Pourtant, il y a une petite complication. Nous sommes samedi. Le département des finances du ministère, généreux comme il est, m’a délivré la somme fantastique de 15 (quinze !) dollars. Tu touches le reste de tes per diem à l’ambassade, m’ont-ils dit. C’est le règlement. En Union soviétique, une fois que c’est le règlement, on ne discute pas. Le problème, c’est que l’ambassade est fermée jusqu’à lundi.

Ayant converti mes dollars en francs français à l’hôtel, je casse la croûte dans un bistro d’à côté. Il devient évident qu’avec l’équivalent de 15 dollars je ne survivrai pas jusqu’à lundi. Une bière et un sandwich jambon-fromage ont presque épuisé mes ressources. Mourir de faim à Paris, quelle perspective ! Heureusement, je me souviens que deux étudiants de mon groupe de langue sont assignés à l’ambassade à Paris. Je réussis à les trouver (l’ambassade est fermée, mais il y a un service de permanence), ils m’invitent à tour de rôle à diner chez eux.

Lundi matin je me rends à l’ambassade pour toucher mes per diem. On me pose une question au sujet de mon hôtel. En toute innocence, je dis que je loge à l’hôtel Montalembert. À ce moment-là, la chef-comptable, une dame dans la cinquantaine et plutôt corpulente, ouvre les yeux tout grand et commence à suffoquer. Quand elle reprend son souffle, elle s’écrie : « Comment, Montalembert ? Qui vous a permis ça ? C’est contre le règlement, c’est trop cher pour votre niveau ! » J’explique, honnête, que je n’y suis pour rien, c’est mon ambassadeur qui prend les décisions, moi, j’obéis. Mais le scandale continue, elle me menace de sanctions en tous genres.

L’atmosphère ne s’apaise qu’avec l’arrivée de mon ambassadeur qui se met d’accord avec l’ambassadeur d’URSS en France, son ancien chef, pour qu’on me laisse tranquille, mais je dois déménager dans un autre hôtel. Pour compenser les dépenses causées par mon logement de luxe, on me place dans un hôtel qui se trouve quelque part à côté du métro « Solférino ».

Je parie qu’on ne trouve rien de moins cher à Paris ! Ma chambre coûte 22 (oui, vingt-deux !) francs par nuit. Il y a bien un lavabo, mais la douche se trouve à l’étage au-dessus, et les toilettes à l’étage dessous. Une vraie taule, dont les pensionnaires lui correspondent à plein titre. Je passe dans l’escalier le plus vite possible, en rasant le mur.

Je découvre Paris. Le pavillon des impressionnistes que j’adore, les jardins des Tuileries, parc Monceau, le jardin du Luxembourg, place Trocadéro… Mais en fin de compte, Paris me déplaît. Il pleut toute la journée, tout est gris – le ciel, les nuages déchirés, il fait un vent froid. Le métro me paraît déprimant, comparé aux palais souterrains de Moscou. Des années plus tard, je découvrirai l’âme de cette ville merveilleuse, où je viendrai des dizaines de fois, seul, avec ma femme, la famille, des amis…

Entretemps on embarque dans un avion qui part à destination de Libreville.

Huit heures de vol passent vite. Je fais connaissance avec un couple français, tous les deux dans la cinquantaine, très bienveillants. Ils passent leurs congés en France et puis retournent au Gabon. Plus tard, j’apprends qu’ils sont nombreux, les gens qui s’attachent à l’Afrique au point qu’ils sont réticents à revenir en Europe, ou même incapables de s’y réadapter. Les relations que j’ai nouées dans l’avion joueront plus tard un rôle inattendu.

Information sur l’auteur:

This image has an empty alt attribute; its file name is WhatsApp-Image-2020-11-08-at-15.44.451-768x1024.jpeg
Alexander Khodakov

Né à Moscou en 1952, Alexander Khodakov fait ses études de droit  à  l’Institut de relations internationales de Moscou (MGIMO). Après trois ans à MGIMO, il fait un an d’études à l’université d’Alger. En 1974 il est recruté par le Ministère des affaires étrangères de l’URSS et part en poste au Gabon. Rentré à Moscou, il intègre le département juridique du Ministère. De 1985 à  1991 il travaille  à New York au sein de la mission permanente de l’URSS auprès des Nations unies. De retour à Moscou en 1991 il revient au département juridique, dont il devient directeur en 1994. Quatre ans plus tard il est nommé ambassadeur de Russie aux Pays-Bas et représentant permanent auprès de l’Organisation pour l’interdiction des armes chimiques (OIAC). En 2004 il passe au service de l’OIAC comme directeur des projets spéciaux et ensuite secrétaire des organes directifs. En 2011 il rejoint le greffe de la Cour pénale internationale et exerce pendant trois ans comme conseiller spécial pour les relations extérieures.

Depuis 2015 il vit  à La Haye, avec sa famille. Il a écrit Cuisine Diplomatique un vibrant récit des histoires inédites sur sa vie diplomatique.

Silvia Fernandez welcomes US announcement to revoke sanctions against the ICC

ASP President, Ms. Silvia Fernandez de Gurmendi, welcomes US
announcement to revoke sanctions against the ICC

“As President of the Assembly of States Parties to the Rome Statute, I wish to express my deep appreciation for today’s decision by the Government of the United States of America to revoke Executive Order 13928 and to lift the unfortunate sanctions against the Prosecutor of the International Criminal Court and a senior staff member in her office, as well as the termination of the separate 2019 policy on visa restrictions on certain ICC personnel.” She expressed.


“I welcome this decision which contributes to strengthening the work of the Court and, more generally, to promoting a rules-based international order. I note that the decision comes at a fundamental juncture in which the Assembly of States Parties and the Court have embarked on a wide-ranging review process to enhance the Rome Statute system in the pursuit of
accountability for the gravest crimes of international concern. I trust this decision signals the start of a new phase of our common undertaking to fight against impunity for such crimes.”

The Assembly and its subsidiary bodies have always welcomed the participation of the United States, and indeed of all States, in their work as well as encouraged a fruitful cooperation with the Court’s activities.

We will have 3.5 million people vaccinated by April 20

Prime Minister Viktor Orbán from Hungary, spoke today about vaccination plans for the upcoming weeks, the “sinful” anti-vaccination campaign, and future cooperation with Matteo Salvini and Mateusz Morawiecki.

Beginning his regular Friday morning interview on public radio, Prime Minister Orbán revealed that more than 2 million people in Hungary have already been vaccinated, and around 860,000 of these have already received their second dose. However, the prime minister warned, “the experts are right;” if we disobey the regulations during Easter, “we could find ourselves in big trouble.”

“Soon, we will reach the point where the vaccination progress will lead to decreasing infection figures,” Prime Minister Orbán said, adding that following Easter, there will be more than 2.3 million people in Hungary who have received at least the first shot of the vaccine. “The week after that, this number will hit 3 million, and 3.5 million the following week,” the PM said.

According to the prime minister, the fact that close to 2.5 million people will be vaccinated right after Easter means that new regulations, including longer opening hours and a later curfew, can finally come into effect. “If we reach 3.5 million people vaccinated, then we are going to introduce another round of new measures, but I will talk about that probably next week,” Prime Minister Orbán said.

“Many believe that we can stop the virus with restrictions. They are wrong. This British mutation of the virus is different; we can slow its spread, but we cannot stop it. The only way to kill it is with the vaccine,” PM Orbán stressed. As to the fact that other EU member states are lagging behind in terms of inoculating their populations, the prime minister said that “ignoring Eastern vaccines due to political and ideological reasons, or because of an old feeling of superiority, was a mistake.”

Speaking up against the anti-vaccination campaign in Hungary, the prime minister called it an “outright sin,” as “those who are talked out of getting vaccinated may die; they will die if they listen to left-wing parties.”

“The next time we meet, I hope I will be able to tell you that everybody above the age of 65 has received the shot,” PM Orbán said, adding that currently there are 3.7 million people who have signed up for the jab. “If we tie the services that are connected to a happy and normal life to getting vaccinated, then people’s willingness to register will also increase.

About his meeting yesterday in Budapest with Polish PM Mateusz Morawiecki and Italy’s Matteo Salvini, Prime Minister Orbán said that the idea of a future cooperation in Europe took center stage during the discussions. “We believe that the European People’s Party has committed itself to the European Left for the long run,” the PM said, adding that the cooperation of Europe’s Right and Left took the form of the right-wing accepting the Left’s program.

Information published by About Hungary:

http://abouthungary.hu/blog/pm-orban-in-radio-interview-we-will-have-35-million-people-vaccinated-by-april-20/

France contribution to OPCW

France Contributes €200,000 to Future OPCW Centre for Chemistry and Technology

In the picture the French Ambassador H.E. Mr. Luis Vassy, and OPCW Director-General, H.E. Mr Fernando Arias.

THE HAGUE, Netherlands–31 March 2021–The Government of France has contributed a further €200,000 to a special Organisation for the Prohibition of Chemical Weapons (OPCW) Trust Fund to support the construction of a new facility, the OPCW Centre for Chemistry and Technology (“ChemTech Centre”).

The contribution was formalised during a ceremony between the Permanent Representative of France to the OPCW, H.E. Ambassador Luis Vassy, and OPCW Director-General, H.E. Mr Fernando Arias, which was held today at OPCW Headquarters in The Hague.

Ambassador Vassy stated: “I am very honoured to announce today this new donation from France, which will allow the OPCW to launch the construction of the ChemTech Centre. Serving our collective security, the future Centre will strengthen the OPCW’s ability to address the threat of the re-emergence of chemical weapons use. It will also be a centre of excellence and a training platform, in the interests of international cooperation. We are pleased to contribute to bringing this project into existence and we recall France’s unwavering commitment to the Chemical Weapons Convention.”

The Director-General expressed his gratitude to the Government of France and noted: “With this generous contribution from France, the ChemTech Centre Trust Fund has met its fundraising target for the Centre’s construction. This is an important milestone in the project that will allow the OPCW to sign the contract with the selected construction company and immediately initiate the preparations for the construction to begin in the summer.”

Director-General Arias expressed his gratitude to the OPCW States Parties and other donors who supported the project. He further emphasised the important role the new ChemTech Centre will play in strengthening the OPCW’s ability to address chemical weapon threats and enhance capacity building activities to the benefit of all 193 OPCW Member States.

So far, 46 countries, the European Union, and four other donors have contributed or pledged to contribute financially to the ChemTech Centre project, and €33.6M has been raised to date.

States Parties are encouraged to continue participating in this important project. Voluntary contributions will further be used to finance equipment and activities related to International Cooperation and Assistance to be performed at, by and/or through the ChemTech Centre.

Sheikh Abdullah Mohammed Saud Al Thani hailed minimum wage

In the picture HE Sheikh Abdulla bin Mohammed Al Thani – Picture by Ooredo.

Monday, 29 March 2021, Berlin, Germany: Qatar’s Ambassador to Germany and the Czech Republic, H.E. Sheikh Abdullah bin Mohammed bin Saud Al Thani, confirmed that the minimum wage law will directly benefit more than 400,000 workers and their families abroad, making Qatar the first country in the Gulf region to apply minimum, non-discriminatory wages, as part of a series of an overhaul to Qatar’s labour laws. 

In a press statement, Ambassador Sheikh Abdullah bin Mohammed bin Saud stressed that the new law shall apply to all workers, of all nationalities and in all sectors, including domestic workers. He added: “To ensure the strict implementation of the new law, the government has put in place legal mechanisms to enhance detection of violations, impose immediate penalties, and increase the number of surprise inspection visits”. The law also stipulated the formation of a specialised committee to ensure the application of the new law, and to propose amendments in consultation with various government agencies, experts, workers and employers. 

The Ambassador noted that the International Labour Organization Office in Qatar welcomed the entry into force of the new law, and confirmed that the law was issued after a comprehensive study conducted by the State of Qatar and the International Labour Organization, in consultation with local and international experts, workers and employers from various economic sectors. 

Minister of State, Ambassador Abdullah bin Mohammed bin Saud Al Thani (b. 20 October 1959) was accredited in Germany on Wednesday, 11 November 2020 at Bellevue Palace before the German Federal President, Dr. Frank-Walter Steinmeier. He holds a long history of governmental service including as a Military Attaché serving at the Embassy of Qatar to St James’s Court and Ireland (London, 1990 – 2000), being Chief of Amiri Diwan (2000 – 2005), CEO of Qatar Investment Authority, and Member of the Supreme Council for Economic Affairs and Investment (2014-2017), or Deputy Chairman of the board of Directors of Qatar National Bank – QNB (2014-2018). 

The Embassy of the State of Qatar in Germany is likewise accredited to the Czech Republic. 

For further information 

Embassy of the State of Qatar in the Federal Republic of Germany: https://berlin.embassy.qa/en

About Ambassador Abdullah bin Mohammed bin Saud Al Thani: https://berlin.embassy.qa/en/the-embassy/ambassadorhttps://en.wikipedia.org/wiki/Abdulla_bin_Mohammed_bin_Saud_Al_Thani

ICC concludes five-day online Training for Counsel

Left: ICC Registrar Peter Lewis opening the online ICC Training for Counsel; right: some of the keynote speakers addressing Training participants ©ICC-CPI 

On 22-26 March 2021, the International Criminal Court (ICC) held a five-day Training for Counsel with the participation of 197 lawyers registered on the ICC List of Counsel and the List of Assistants to Counsel. This year’s training was held online due to COVID-19 restrictions and was organised in collaboration with the International Criminal Court Bar Association (ICCBA) and with the financial support of the European Commission.

Welcoming the participants in his opening address, the ICC Registrar, Peter Lewis, said that “the Court celebrates once more another edition of the Training for Counsel, event that highlights and emphasises the commitment of the ICC to international justice and the importance of disseminating information about the Court’s mandate and its activities. This annual event has been evolving since its inception and adapting to new challenges but always firm in its commitment to bring together legal professionals as an opportunity for discussion and dialogue on issues of importance to the Court’s activities.”  

The session allowed ICC representatives, members of the ICC List of Counsel and the List of Assistants to Counsel, and members of the legal teams currently intervening before the Court to share experiences and discuss issues of mutual interest. Over the five days, the participants focussed in particular on the List of Counsel, Legal Aid Policy and relevant administrative procedures; composing and managing a team; punctual appointments as Counsels before the Court; interacting with victims and witnesses; preventing discrimination in the legal workplace; as well as harassment, ethics and disciplinary proceedings. The participants also received updates on key legal issues in the ongoing ICC cases.

ICC Seminars and Trainings for Counsel on the ICC List of Counsel have been an annual activity of the Court since 2004, providing a unique platform to not only celebrate the contribution of Counsel to the Court’s mandate, but to also engage in mutually beneficial dialogue with the legal profession.

Hessen’s digitisation Minister Sinemus hails EC act for digital markets

Digitisation Minister Prof. Dr. Kristina Sinemus, photography by Salome Roessler.

Friday, 26 March 2021, Berlin, Federal Republic of Germany: Hessian Digitisation Minister Sinemus welcomed the law proposal on digital markets presented by the European Commission, in the the framework of the minister’s participation at the Bundesrat in Berlin. 

At the Bundesrat session, wherein the European Commission’s Digital Markets Act was discussed, Hesse’s Digitisation Minister Prof. Dr. Kristina Sinemus spoke out clearly in favour of “regulation with a sense of proportion”. “We must set clear limits for large internet platforms – without over-regulation,” the Minister emphasised in her speech. “The Digital Markets Act is overdue to get fair and transparent competition”.

“The Digital Markets Act would set the course for a fair platform economy and create opportunities for local information and communication technology companies and start-ups”. The regulation aims to ensure fairness on large online platforms with very high market power.  Together with the Digital Services Act, the law is one of the core elements of the EU digital strategy. 

Hesse’s Digitisation Minister is convinced that Europe had to catch up in the digital markets of the future, as only twelve of the 100 largest platforms were located in Europe. This requires the right regulatory environment so that innovative business models remain possible in Europe.

“New innovative platforms and digital services should also increasingly be created in Germany and Europe. After all, we have a strong industrial base in Hesse and Germany and many innovative companies in information and communication technology for which platforms are becoming increasingly important,” said Dr. Sinemus. 

According to a survey by the Federal Network Agency, small and medium-sized enterprises in particular need platforms for marketing and sales. “The rights of commercial and private end users should be strengthened. Therefore, we are in favour of regulation with a sense of proportion.”

Prof. Dr. Kristina Sinemus (b. 16 September 1963 in Darmstadt, Hesse) is the Hessian Minister of Digital Strategy and Development since 18 January 2019. She holds a doctorate in Biology from the Technical University of Darmstadt, and is a Professor in Public Affairs from the Quadriga College Berlin (Quadriga Hochschule Berlin). 

For further information 
Hessian Ministry for Digital Strategy and Development: https://digitales.hessen.de//

About Minister Prof. Dr. Kristina Sinemus: https://digitales.hessen.de/ueber-uns/ministerin-sinemus

Allocution of Minister Sinemus at the 1002 Plenary session of the Bundesrat: https://www.bundesrat.de/DE/service/mediathek/mediathek-node.html?cms_id=2014969