Working from home, less turnover, a hard lockdown, these are all current issues due to Covid-19. As a result, employers may need to amend employment contracts with their employees. Think, for example, of a travel allowance, a homeworking expense allowance or a bonus scheme, but also the obligation to take holidays, such as during the Christmas period, or a (temporary) reduction in salary. How can you arrange this? Â
Unilateral changes clause
One of the arrangements you can make in an employment contract is that as an employer you have the right to unilaterally change terms and conditions of employment. Without such a clause, you may not, in principle, change the employment contract without the employee’s consent.
In practice, it is also possible to unilaterally change the terms of employment without a unilateral changes clause, but in that case it is much more difficult. And even if you have agreed on a unilateral changes clause, this is not a licence to arbitrarily change arrangements made. An important question in this context is whether the coronavirus crisis can be regarded as a substantial interest of the employer to unilaterally change an employment contract. There has been a lot of jurisprudence on this subject. And if a works council has been set up in your company, it is important to check whether it has to be involved in the decision-making.
When can you unilaterally change terms of employment?
An employer can only successfully invoke a unilateral changes clause if the following four conditions are met:
1. The unilateral changes clause has been agreed in writing The unilateral changes clause cannot be agreed orally. The clause must therefore be in writing, either in the employment contract or in a collective agreement or any other document that is part of the employment contract, such as a staff manual or a lease arrangement. In addition, the employee must have agreed to the clause.
2. The change concerns terms and conditions of employment that are included in the contract The clause does not provide the employer with the opportunity to add new terms and conditions of employment, only to change existing arrangements. Although it is not ruled out that primary terms and conditions of employment (salary) can be changed unilaterally, in practice this will concern mainly terms and conditions of employment such as a leave scheme or travel expenses.
3. The employer must have a substantial interest in the change A substantial interest of the employer can be a commercial or organisational interest. This could involve, for instance reduction of the operational costs or restructuring. The current coronavirus crisis can be a compelling reason to implement a (fundamental) change in the employment contract, such as the obligation to take holidays.
4. The interest of the employer outweighs the interest of the employee When the employer has taken the abovementioned three hurdles, finally, there will be a balancing of interests. The interest of the employer in the change must be such that the interest of the employee in maintaining the existing situation must give way.
Changing terms and conditions of employment without unilateral change clause
If no unilateral changes clause has been included in the employment contract or collective agreement, the employer has to rely for changes on the employeeâs approval. However, in some cases the employer can unilaterally change the agreement. In accordance with the law, an employee has to behave as a good employee. Therefore, he can only reject a reasonable proposal from his employer if he cannot reasonably be expected to agree to the change.
The main difference is that in case of a unilateral changes clause, the employee will have to demonstrate that the employer has wrongly invoked it. If there is no such clause, the burden of proof shall lie with the employer. He will have to prove that the proposal is reasonable and that the employee cannot simply reject it. In addition, the employer must indicate the changed conditions on the basis of which he, as a good employer, wishes to change the employment contract.
Changing terms and conditions of employment and the works council
If, for example, a change is made to the homeworking scheme or the holiday scheme, you must ask the works councilâs permission. When doing so, remember that the cooperation of the works council does not mean that you do no longer have to ask your employeesâ approval. In general, it is assumed that the employer does have a substantial interest if the works council has approved the change. Without this approval, it will be difficult for the employer to demonstrate a substantial interest in the change.
Our advice
Include a unilateral changes clause in an employment contract.
Consult with the works council on changes to the terms and conditions of employment.
Ask for legal advice if you want to change an employment contract unilaterally.
About the Author:
Jan Dop
Jan Dop from Russell Avocaten, assists national and international enterprises in all facets of their day-to-day business operations. He specializes in personnel, real estate and issues involving public authorities.
Jan is Head of Russell Avocaten’s Embassy Desk, that serves Embassies, Consulates, diplomats and expats. He has been a lawyer at Russell since 1995, and became a partner in 2011. Â
Stop, federal agent! ⊠Who did not hear that phrase, at least once? Hollywood action movies, one of Americaâs best cultural diplomacy tools, are popular all over the world and fascinate us all. Men and women in dark blue uniforms, catching the âbad guysâ and saving the world from catastrophe, are kind of modern days heroes.
Kristine Celorio was until not too long ago one of them.
Beautiful Californian girl, with big dreams and high career goals, great at her job, she decided to follow a Master degree program in Spain and there⊠she lived one of those famous encounters, that changed her life 180 degrees. She met her future husband, Mexican born diplomat and what started as a long distance relationship turned later into a solid marriage. However, it took her six years to decide and make the move.
Being a federal agent and working in a team that specialized on investigating fraud and âwhite collarâ crimes was greatly rewarding and fulfilled Kristineâs early career aspirations, but eventually love won.
Kristine Celorio, US Federal agent – Diplomatic spouse
After all, most of us, diplomatic spouses, have been through this at one point in our life⊠facing this big dilemma: what should I do, is it worth it?
âI really enjoyed my jobâ she says. âIt was exciting, different every day and I was helping people, making a difference. But one thing I loved more was travelling. So, leaving my job to marry a diplomat was like leaving a dream for another.â
She tried to find a way to transfer her previous highly trained skills into a corporate job, but it proved to be more difficult than imagined. She then decided to focus on family and her two adorable children.
Raising bilingual children is a rich and diverse experience. But she warns us: âPay attention to what local traditions your kids are embracing, which may not be your own! As they grow up in a country different from yours, some things and customs become important to them, which normally wouldnât even cross your mind. You have to constantly pay attention, get out of your normal comfort zone and immerse into a new day-to-day reality of a foreign country, where you are posted for just a limited timeâ.
While she is now âhome in Mexicoâ, she started blogging. In her blog, âIrish I were Mexicanâ, she likes to present her beautiful adoptive country, which she says âis often unfairly portrayed in the media and has countless marvelous places and traditions to offer to the worldâ. Her blog also generously hosts other diplomatic spousesâ experiences from around the Globe, picturing beautiful places through the eyes of others and offering great travel tips, too.
âAlso, I have recently become interested in how foreign born spouses, like myself, help represent a country different from their own, often with zero guidance or training. I often argue that being a diplomatâs spouse is the only job that is not a job there is. You simply step into a role just based on your relationship aloneâ.
Her investigative nature and previous training determined her to run a survey and study the percentage of foreign born spouses into the diplomatic world. The results were quite surprising, showing a lot of our fellow diplomatic partners actually living this experience, sometimes quite demanding and delicate.
She says that she found the diplomatic community largely warm and welcoming and, although you often walk into a room where you donât know anyone, you have to remember that most of the people there are probably in the same situation, having the same anxiety and fears.
âPeople often equate diplomatic life to sticking to conventions, but we really constantly bend and flex to accommodate and celebrate differenceâ. I can imagine it wasnât easy for her. Learning a new language, traditions and trying to be a good host on foreign territory, under foreign rules. But we all face our challenges at a certain point, once we started our way on this life long road.
Indeed, like snowflakes dancing with delicate moves into the wind, finding their way to the ground, we make our way graciously into the diplomatic world, often unknown, and try to be our best versions, reaching high expectations, to best represent our countries (of birth or not) and complete the greater diplomatic world puzzle, to which we all belong.
Celorio’s kids in Mexican traditional costumes during El Dia de los Muertos.
About the author:
Alexandra Paucescu
Alexandra Paucescu- Romanian, Management graduate with a Master in Business, studied Cultural Diplomacy and International Relations.
She speaks Romanian, English, French, German and Italian. Turned diplomatic spouse by the age of 30, she published a book about diplomatic life, writes articles and also gives lectures on intercultural communication.
Nous sommes trois Ă arriver Ă Alger en octobre 1972. Lâavion se pose Ă Dar El BeĂŻda Ă deux heures du matin. Les gens de lâambassade nous emmĂšnent dans un appartement en ville et nous laissent dormir. On sâoccupera de nous plus tard.
Interview with Vasfije Krasniqi Goodman: “For Me That Was My Day of Apocalypse – the Day That Felt like the Last of My Life”. In the picture Vasfije Krasniqi Goodman.
Mrs. Krasniqi Goodman, thank you for taking the time for this interview. As a new âfaceâ in the Faces of Peace initiative, we would first like to ask you what âpeaceâ means for you personally?
To begin with, I want to say thank you for taking the initiative and reaching out. I think peace is directly affected by two factors, those being the inner and outer factors.
Even though the outer factors are the ones with the bigger impact here, in terms of starting the process of building peace itself, in my opinion it all starts with inner peace. When an individual achieves peace within, this will ultimately lead to them resonating or transforming that into a general outer peace.
This, in turn, is a start to building world peace, a goal that seems too far away at the moment.
You were raped by two Serbs during the Kosovo War in 1999 – one of them was a police officer. What can you tell us about April 14, 1999? How did your life change in the days and weeks that followed?
For me, and surely many others, that was our âday of apocalypseâ, the day that felt like the last of my life. As a 16-year-old child at the time, the fear I felt was terrifying and the lack of information about what was happening around me made it even worse. Sometimes we would watch BBC or CNN, and we would see the horrifying stories of massacres perpetrated by Serbian forces or the killings of infants. But I had little to no information about the rape cases that were occurring.
I remember when the officer took me by force while threatening me with a firearm. I was taken into his car and raped, I felt hopeless and devastated. After that he took me to a village, where a big group of people had gathered. They were laughing at me and threatening me, all while I was uncontrollably crying.
After that, another older man took me to a nearby house and I was raped there as well. He looked like a civilian but was carrying a handgun. Me and my family had already gone through a lot, and being raped only added to my emotional and physical wounds. That day broke my spirit and it felt like my life had lost meaning. For a long time I lived only because I had to!
You said in a TV interview two years ago: âI repeatedly begged the policeman to kill me, but he told me my suffering would be greater if he let me liveâ. Why would you have preferred to have died at the time?
It is true, after I was taken, I really believed they were going to kill me at first – they were doing that to a lot of people. I was already petrified; I knew bad things were going to happen, and they did. Begging to be killed was the best option I could think of. That option was better for me than all of the things and feelings I experienced. I just wanted it to end.
All the disgusting things they did to me that completely changed and broke my spirit. My virginity was taken away by a criminal; I just did not want to be alive in a reality where all this happened. But he had already made up his mind and, with truly evil purposefulness, he let me live knowing I would suffer more if I wasnât dead. And I did!
Girls and women are being subjected to gender-based violence in armed conflicts worldwide. Why is it so important for courageous women, such as yourself, to speak out about it? Can you tell us what happened to the perpetrators?
Women in Kosovo were subjected to numerous crimes throughout the years. They were tortured by the Serbian forces, not because they were seen as the weaker sex, but because women are directly linked with the continuation of life and its prosperity.
The Serbian state apparatus targeted women repeatedly with the goal of affecting the population and causing them to flee the territories permanently. I believe this strategy is being employed in other parts of the world as well. In some places women are even taken as war prisoners by these terrifying âarmiesâ and used to exercise their animalistic lusts.
In my case, I have repeatedly fought to bring those criminals to justice, but they still walk free, while I still seek justice.
While the physical scars heal at some point, the psychological ones linger for a much longer time. How have you processed the events of April 1999 – and are there moments when your past catches up with you?
My body wounds have healed. I did escape death, but my mind and spirit will never be able to fully rehabilitate, even though I always had support from my family and now from all over the world. Not a single morning goes by without me waking up and remembering that terrible event which happened to me – and over 20,000 other victims.
It is a heavy feeling to carry around and I can feel the tiredness of my soul. Being raped is something that imprisons you and it continues to hit you more and more every day. I canât possibly imagine a more terrible comparable experience. Sometimes it feels that the life I lived was worthless because of it.
Now I have devoted my life to other men and women that have been through similar experiences to me, and me and my team will try as hard as we can to prevent such terrible crimes from ever happening again.
Hashim Thaçi announced his resignation as president of Kosovo in November 2020 following his indictment for war crimes by a Kosovo special court. In your opinion, are war criminals being pursued consistently enough?
Since the day after being raped, me and my family have been dealing with my case, we put a lot of faith in justice and actively pursued it. I would have never thought that an international organization such as UNMIK would not consider it their responsibility to bring justice for the crimes that happened in Kosovo.
They never even looked at our case, or any other cases for that matter. Even during EULEXâs mission in Kosovo later on, when we took my case to court in 2013, UNMIK stated they had lost my files. This resulted in EULEX finding the rapists not guilty, which was devastating for me and my family. I just want to say that during the UNMIK-EULEX period in Kosovo, we were not treated justly by these organizations.
The victims were further disappointed by âThe Hagueâ, where not a single case was brought to justice. This is absurd! On the other hand, Kosovo has expressed a feeling of determination to bring the perpetrators of these crimes to justice. We, the victims of the war in Kosovo, will still wait for our justice to come, even though it looks as if it is not coming our way. It is sad to see this happen, while those criminals now hold state positions in Serbia.
Mrs. Krasniqi Goodman, in an interview Dr. Mukwege also criticized international politics and declared violence against women to be something that âshames our common humanityâ. What are your expectations of politics?
In our case the Serbian forces used rape as a âsystematic weaponâ to achieve their goals in many ways. What they did brings shame to Europe. How could Europe have allowed another European country to commit such crimes against other defenseless populations under its jurisdiction? These crimes provide ample evidence of some countriesâ desire to destroy other populations.
I stand here despite their attempts to do so, while never letting myself get filled with hate or allowing my soul to give up because of the suffering. And I will continue to take steps towards – and advocating for – justice. The world needs to take these steps with me and serve proper punishment for these crimes in order to prevent future war rapes.
Source: Faces of Peace initiative | Faces of Democracy
About the Faces of Democracy and Faces of Peace initiatives
With almost 100 prominent figures from politics, business, the media and society – including the former President of the European Commission Jean-Claude Juncker, the Prime Minister of the Kingdom of Norway Erna Solberg, the President of the Republic of Estonia Kersti Kaljulaid, the German Federal Minister of Foreign Affairs Heiko Maas and OSCE Secretary General Thomas Greminger – the Faces of Democracy initiative is now in its fourth year of existence.
The first âfacesâ of the 2019 founded Faces of Peace initiative are SIPRI Director Dan Smith, the Chairman of the Atlantic BrĂŒcke e.V. Sigmar Gabriel, the OSCE CiO 2019 and Minister of Foreign and European Affairs of the Slovak Republic Miroslav LajÄĂĄk and the Chief of Staff of the 69th Submarine Brigade of the Northern Fleet Vasili A. Arkhipov.
The Faces of Democracy and Peace in alphabetical order
Jean Asselborn, Minister of Foreign and European Affairs of the Grand Duchy of Luxembourg Thomas Bach, President of the International Olympic Committee (IOC) Annalena Baerbock, Chairwoman of the Green Party of Germany Bishop Dr. Georg BĂ€tzing, Chairman of the German Bishopsâ Conference Dr. Katarina Barley, Lead candidate for Germanyâs Social Democrats Gabriela Cuevas Barron, President of the Inter-Parliamentary Union (IPU) Hubert Barth, Country Managing Partner EY Germany Dominik Bartsch, Representative of UNHCR in Germany Holger Beeck, Chief Executive Officer McDonaldâs Germany Jörg Biallas, Editor-in-chief of âDas Parlamentâ Stef Blok, Minister of Foreign Affairs of the Netherlands Wolfgang Bosbach, CDU expert on internal security Prof. Dr. Peter Brandt, German historian and the first son of former chancellor Willy Brandt Michael Bröcker, Editor-in-Chief of âMedia Pioneerâ Rolf Buch, Chief Executive Officer of Vonovia SE Tom Buhrow, Chairman of the ARD network Giovanni Buttarelli, European Data Protection Supervisor Stephan-Andreas Casdorff, Publisher of the leading Berlin newspaper âDer Tagesspiegelâ Piotr Cywinski, Director of the Auschwitz-Birkenau Memorial Shirin David, YouTube star and âGermany’s Got Talentâ jury member Detlef Dzembritzki, Chairman of the United Nations Association of Germany (UNA) Saskia Esken, Leader of Germanyâs Social Democratic Party (SPD) Georg Fahrenschon, President of the German Savings Banks Association (DSGV) Peter Frank, Federal Public Prosecutor General at the Federal Court of Justice Leonard Freier, Former RTL Bachelor Fabrice Fries, Chairman and Chief Executive Officer of AFP Dr. Clemens Fuest, President of the ifo Institute Sigmar Gabriel, Chairman of the Atlantic BrĂŒcke e.V. Yvonne Gebauer, Minister of School and Education in North Rhine Westphalia Thomas Geisel, Mayor of DĂŒsseldorf – the state capital of North Rhine-Westphalia Tom Gerhard, Actor and comedian Kolinda Grabar-KitaroviÄ, President of the Republic of Croatia Alice Greenwald, President and CEO of the National September 11 Memorial and Museum Thomas Greminger, OSCE Secretary General Maria GroĂbauer, Organizer of the Vienna Opera Ball Christiane GrĂŒn, Managing Director 3M DACH countries Dr. John Hamre, President and CEO of the Center for Strategic and International Studies John Harris, Co-Founder and Editor-in-Chief of POLITICO Dr. Reiner Haseloff, Prime Minister of Saxony-Anhalt LTG Ben Hodges, Retired Commander of the U.S. Army in Europe Reiner Hoffmann, President of the German Confederation of Trade Unions (DGB) KatrĂn JakobsdĂłttir, Prime Minister of Iceland Dr. Gunnar Jeremias, Head of the Interdisciplinary Research Group for the Analysis of Biological Risks Hans-Ulrich Jörges, Editor-in-chief of âSternâ Jean-Claude Juncker, President of the European Commission Bruno Kahl, President of the Federal Intelligence Service (BND) Kersti Kaljulaid, President of the Republic of Estonia Anja Karliczek, German Federal Minister of Education and Research Daniela Katzenberger, Soap opera star Fritz Keller, President of the German Football Association (DFB) Dr. Hubertus Kolster, Managing Partner of CMS Germany Ingo Kramer, President of the Confederation of German Employersâ Associations (BDA) Annegret Kramp-Karrenbauer, Leader of Germanyâs Christian Democrats (CDU) Vasfije Krasniqi Goodman, Survivor of the Kosovo War and Activist Miroslav LajÄĂĄk, OSCE CiO 2019 and Minister of Foreign and European Affairs of the Slovak Republic Prof. Dr. Norbert Lammert, Chairman of the Konrad-Adenauer-Stiftung and Former President of the German Bundestag Martina Larkin, Head of Europe and Member of the Executive Committee of the World Economic Forum Davos Armin Laschet, Prime Minister of North-Rhine-Westphalia Dr. JĂŒrgen Linden, Chairman of the Board of Directors of the Charlemagne Prize Christian Lindner, Leader of the Free Democratic Party in Germany (FDP) Dr. Christian Lutz, Chief Executive Officer of Deutsche Bahn AG Heiko Maas, Federal Minister of Foreign Affairs Dr. David Magerman, Managing Partner at Differential Ventures Sandra Maischberger, Television journalist and talk show host Aiman Mazyek, Secretary-General of the Central Council of Muslims in Germany Ralf Martin Meyer, Police President of Hamburg Clover Moore, Lord Mayor of Sydney Benigna Munsi, Nuremberg Christkind 2019/2020 Namika, Singer-Songwriter Dr. Irfan Ortac, Secretary-General of the Central Council of Yazidis in Germany Boris Palmer, Lord Mayor of TĂŒbingen Prof. Dr. Volker Perthes, Director of the German Institute for International and Security Affairs Ulf Poschardt, Editor-in-Chief WELT Dr. Heribert Prantl, Member of the Chief Editorial Team of âSĂŒddeutsche Zeitungâ Ernst Primosch, CEO of Edelman Germany Q2/Grade 12 – Albert Einstein High School Kaarst Alfred Theodor Ritter, Owner and Chairman of the Supervisory Board of Alfred Ritter GmbH & Co. KG Dr. Daniel Röder, Founder of Pulse of Europe initiative Annika Savill, Executive Head of the United Nations Democracy Fund (UNDEF) Prof. Dr. Conrad Schetter, Director for Research at Bonn International Center for Conversion (BICC) Thomas Schnalke, CEO DĂŒsseldorf Airport (DUS) Olaf Schubert, Comedian and cabaret artist Martin Schulz, German Social Democratic Party chancellor candidate 2017 Dr. Josef Schuster, President of the Central Council of Jews in Germany Dan Smith, Director of the Stockholm International Peace Research Institute (SIPRI) Erna Solberg, Prime Minister of the Kingdom of Norway Prof. Dr. Anja Steinbeck, President of Heinrich Heine University DĂŒsseldorf Gabor Steingart, Founder and Publisher of the Media Pioneer Publishing GmbH Dr. Johannes Teyssen, Chairman of the Board of Management of E.ON SE Pia Tillmann, Actor and Influencer Dr. Andreas VoĂkuhle, President of the Federal Constitutional Court of Germany Dagmar Wöhrl, Investor at âThe Cave of the Lionsâ Joshua Wong, the Face of Hong Kongâs Democracy Movement Brigitte Zypries, Former Federal Minister for Economic Affairs and Energy
A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
Definition of Health, Preamble of the World Health Organisation (WHO) Constitution, 1948
These days, many argue that our Covid (C-19) response is a planetary fiasco, whose size is yet to surface with its mounting disproportionate and enduring secondary effects, causing tremendous socio-economic, political and psychosomatic contractions and convulsions. But, worse than our response is our silence about it.
It is an established fact that the quintessence of Nazism was not Hitler and the circle of darkness around him. It was rather a commonly shared âbanality of crimeâ atmosphere: Benevolent acceptance of ordinary village people living next to Auschwitz, Mauthausen, Dachau that the nation must be âpurifiedâ ⊠The day when questioning stops and silent acceptance becomes a ânew normalâ is a day when fascism walks in a big time. Of course, today we have a diagnosis for it: Manufacturing consent through choice architecture, of a fear-imprisoned, via media infantilised (returned to the pre-Oedipal phase) psychology of the de-socialised and alienated, an atomised one.
Appinion disguised as opinion
Did we really forget basic teaching of our history: Every time when the power was unchecked, it degenerated into the obscure brutality; ritualising its force with a stamp on or under our skin to visualise and immortalise the twilight of reason?
So, our C-19 response illustrates â the argument goes â nothing else but a social pathology: the non-transparent concentration of power, and our overall democracy recession â further bolstering surveillance and social control systems. All that as lasting consequences of cutbacks, environmental holocaust, privatisation (or PPP-ization) of key intergovernmental and vital national institutions, ill-aimed globalisation as well as of the fixation on overly allopathic, mandated (not repurposed but usually novel and expensive) drugs-centred healthcare, and lack of public data commons. Pandemic or plundermic âŠ
Early lockdowns, mid-March 2020, were justified by a need to flatten the curve of the âsuddenâ virusâ (harmfulness, mortality and transmissibility) impact, since there were no enough hospital beds. In the meantime, the lockdowns were extended and widened, curves not arguably altered. Still, for the past 9 months, there is hardly any new hospital built in the EU although the non-essential medical services are by and far suspended. Neither there was or is any massive investment into general health prevention. The only visible infrastructure growth is in 5/6G networks expansion.
Following a simple ratio that the oneâs level of health is genetic expression of life-style choices made, it is no surprise that there are also growing speculations if the lockdown â as the most notorious expression of monofocal perspective and rejection to any scientifically contested, debate-based integrated judgment â is invasion or protection:
E.g. Le Monde Diplomatique â while examining the possible merge between tech oligopoly and political monopoly â claims: âPolitical decisions have been central in shaping this tragedy â from the destruction of animal habitats, to the asymmetric funding of medical research, to the management of the crisis itself. They will also determine the world into which we emerge after the worst is over.â Over the past 30 years, every critical juncture had a similar epilogue: pardon and enhancement for the capital, a burden and suppression for the labour. The C-19 is no exception to it: Ever since early lockdowns of March 2020, the capital flows unhindered while the labour, ideas and humans are under the house arrest.[2] The XXI century frontline is the right to health (incl. body integrity and informed consent) and labour, privacy and other fundamental human rights and liberties. (LMD, IV20)
Earth provides enough to satisfy everyone’s needs, but not for a single man’s greed
Still to be precise, the WHO- decreed virus pandemic brought nothing truly new to the already overheated conduct and increasingly binarized world affairs: It only amplified and accelerated what was present for quite some time â a rift between alienated power centres, each on its side of Pacific, and the rest. No wonder that the work on the C-19 vaccine is more an arms race than it is a collaborative humanistics.
Would all this be â in its epilogue â about the expansion of techno-totalitarian model of government as an alternative to liberal democracy? Devolutionary singularisation into techno-feudalism as the highest stage of capitalism? Is now a time to return to the nation-state, a great moment for all dictators-in-waiting to finally build a cult of personality? Hence, will our democracy be electro-magnetised and vaccinated for a greater good (or greedier âgodâ)? Will we be (ever) allowed to exit this year?
One is certain, confronting the long-term interests of stakeholders with the short-term interests of shareholders, the private sector from both sides of Atlantic exercises disproportionate power in the technological share (infrastructure and data). It also largely benefits from the massive public research funds while in return paying dismal, negotiable tax if at all.[3] Far too often it comes with the nondisclosure agreements, liability outsourcing/protections and other unilaterally beneficial legal instruments as well as with the close ties between the private sector, intelligence agencies and media.[4]
The same applies to a big Pharma which increasingly dictates a non-preventive, monofocal approach to medicine and research, and controls reporting about it â not always in the name of our public health.
Therefore, the above represents the largest underreported threat to our democracy and future societal conduct.
Conclusively, bioinformatics is a dual-use technology. Past its formative age, it has today a huge weaponization potential for at home and abroad. Consequently and urgently, this necessitates a comprehensive legislation which builds up on the Universal Charter of Human Rights and Nuremberg Code, and rests on its effective enforcement (with the monitoring of compliance mechanisms as set for the IAEA, OPCW, RC-BTWC and the Nagoya protocol),[5] nationally and internationality.
Pop Europe, back to its FutureÂ
By many accounts, 2020 â a year when distancing became social â will be remem- bered as the worst year in living memory (since 1939). Some would say; C-19 stopped history, as it locked down our dialogues. Actually, 2020 only quarantined and halted us, while in fact it accelerated history. This especially refers to the Old Continent.
As this author noted in spring 2020: âIt is amply clear from the C-19 event that the right to health is an issue for all. The search for a reliable cure for pandemics control is not a matter of private business, but of fundamental individual rights situated on higher levels of sociableness, as embedded in the UN and EU Charters, and being obligatory for each of the UN Specialized Agencies or EU bodies to comply with. (Not a fear based manufactured consent, but the right for informed consent as an inseparable segment of the constitutionally endorsed right to health.)
Proportionality of our (current and future) responses in Europe is another key issue. Hence, what presents itself as an imperative is the universal participation through intergovernmental mechanisms. That rule applies for at home and for abroad, as the Union has to comply with (and set example to) it urgently â since biology and geopolitics have one rule in common; comply or die.
Growing particularisms in Brussels quarters, where (on taxpayers money and public trust) it is more and more the particular â be it individual, regional, national, lobby-groups driven â interest that prevails over the solid all-European project of our common presence and future.â[7]
Past the Brexit, the EU has to be extra cautious about its chronic democracy-deficit, apparatchik alienation of Brussels, as well as the brewing concerns that the EU without UK becomes yet another greater Germany.[8]
Vienna, 20 DEC 2020
About the author:
Prof. Anis H. Bajrektarevic
Prof. Anis H. Bajrektarevic – is chairperson and professor in international law and global political studies, Vienna, Austria. He has authored seven books (for American and European publishers) and numerous articles on, mainly, geopolitics energy and technology.
Professor is editor of the NY-based GHIR (Geopolitics, History and Intl. Relations) journal,and editorial board member of several similar specialized magazines on three continents.
His 8th book, âNo Asian Centuryâ is scheduled for winter 2020-21.
As part of the Geneva Lecture Series concepted and conducted by prof. Anis H. Bajrektarevic, former Finance Minister of Greece, Professor Yanis Varoufakis centered his two-hour mesmerizing discussion on the pressing need for new international financial institutions in light of increasing inequality.
Despite its intensification with the advent of the Covid-19 pandemic, Varoufakis argues that this crisis simply amplified the basic workings of the 2008 financial crisis, which was never adequately addressed. As a result, relatively low investment on savings and perpetual stagnation have produced sinister byproducts of populism, racism and xenophobia. The crisis of 2008 proved to be a pivotal moment in which a variety of actors agreed that a recalibration of global financial institutions was imperative due to the imbalances in trade and flow of capital.
Professor reflected on the emergence of the Bretton Woods system in the 1940s, specifically the vision of Harry Dexter White, representing the United States, which would characterize the new world order. White proposed a structure anchored on the American-post war trade surplus. This entailed fixed exchange rates pegged to the US dollar. Such a system implies that the surpluses of certain countries are ârecycledâ into deficit countries, with the United States being the only surplus position at this time in history. This dynamic ushered in an era of capitalism characterized by growth, low inflation, shrinking inequality, and low unemployment.
When this surplus collapsed in the late 1960s and with the advent of the oil crisis, American trade deficits began to increase. This meant that by the mid 1980s, The United States was importing en masse from Germany, Italy, the Netherlands Japan, China and the various petrol states. As a result, this deficit left factories in other parts of the world facing less demand. Moreover, 70% of profits of these net import countries were ârecycledâ into the American financial market. This period was marked by an enormous wave of capital and its financialization from the 1980s until 2008. The resulting austerity measures in the aftermath of the crisis led to an imbalance between global savings and global investment, and consequently economic stagnation.
Varoufakis offered his vision for an alternative to this structure, a sort of new Bretton Woods that would reflect the rejected vision of British economist, John Maynard Keynes at the conference. According to Varoufakis, global stability is undermined by capitalism’s innate tendency to create a wedge between surplus and deficit economies. Surplus and deficits become larger in periods of growth. However, when the âbubble burstsâ into a recessionary period, the burden to rectify this pattern falls disproportionately on the deficit, decreasing global demand everywhere.
Porfessor seeks to modernize the proposal of Keynes to establish an international clearing union that acknowledges a world of variable exchange rates. Like Keynes’ model, all trade and capital flow would be denominated in some new unit and it would consist of two levies. The first one, an automated process compiling all trade interactions where percentages are taken from all surplus and deficit countries proportionally and placed into a global equity green wealth account.
The second mechanism would employ a sort of capital surge levy for cases in which capital has flowed but also been drained from rising economies. This rapid flow typically results in a crash as the rush of capital creates an asset price inflationary period. Real estate increases, imports explode, and access to loans proliferates. When owners of this capital observe how their returns are not as high as expected, the capital flows out. Therefore, his proposed mechanisms would impose a levy on actors who are responsible for this sort of exploitation. The funds acquired from these two levies will then be directed towards prioritizing a green transition. These mechanisms should also ideally lessen trade and capital imbalances that inevitably lead to crisis.
Varoufakis ended his discussion on the quandary surrounding potential leaders for this new system. He did assert, however that such a system would require tight cooperation between the United States, the EU and China. Though he expressed doubts on each entityâs ability to do so, claiming the US has effectively abandoned its leadership role in the world since 2008, trapped by its own constitutional limitations. China faces its own domestic challenges concerning its human rights record and authoritarianism.
Finally, for Varoufakis the EU is incoherent and in a constant state of paralysis. The onus must fall on Western states, particularly the EU but also polities themselves to impose on their leaders and demand for international institutions that lessen crisis and capitalismâs tendency to create new ones while also tackling climate change.
In the group discussion with the UMEF students and other participants, professor called upon on the younger generation to question power however it manifests. He cited the astronomical wealth of Jeff Bezos for example to underscore how these sorts of figures accrue immense wealth simply through the possession of existing wealth, demonstrating a system of power beyond the market.
The vision Adam Smith offered for the market would ensure a system where no one individual or entity monopolized power, allowing smaller and medium sized actors to thrive. However, today the vast majority of capital and wealth belongs to a handful of companies, a sort of modern feudalism. Moreover, these companies own the vast majority of existing media institutions and by default, the information provided to consumers. Therefore, he re-affirmed the importance of thinking autonomously in a world characterized by this neo-feudalism. In regard to questions surrounding global populism and recent American elections, Varoufakis called for the overthrow of the ruling political class which has been corrupted by the semi-feudal financial elite and cannot be persuaded to reform.
Regarding Europe, professor asserts that the EU is not a genuine union, and functions more like a cartel since its inception. The project began as an economic community, but sought greater political legitimacy as it expanded, culminating in the founding treaty of the EU. However, he claims that this cartel possesses a hierarchical structure of appointed officials, which cannot be considered democratic, with a parliament that is unable to even pass legislation. The source of Europeâs problem for Varoufakis lies in its claim to enormous wealth misdirected and poorly invested. Consequently, the current generation is condemned to precarious work and the impending impacts of climate change. Such an arrangement is not inevitable however, if resources are directed towards a green transition which prioritizes more secure labor. The new generation must place pressure for such a transition with the older generation offering tools and a roadmap to effectively utilize this wealth.
Varoufakis ended the discussion by answering a question regarding the failure of communism to respond to capitalism. He reminded listeners that moments of progress did not consolidate overnight, citing the French revolutionâs and the Haitian revolutionâs experience with various spouts of violence and counter-revolution for centuries.
Therefore, we must constantly re-imagine a new world order, as the current system increasingly threatens the liberal individual with the big tech industry pre-determining our tastes and interests.
His new book, Another Now: Dispatches from an Alternative Present, addresses this question, seeking to create a more utopian world where we are free to choose our lifestyles and are free from fear of hunger, precarity, ill-health etc. This book, therefore, offers an alternative to the brutal form of feudalist capitalism we are experiencing today.
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Former Finance Minister of Greece, Professor Ioannis Varoufakis answered the call of the Swiss UMEF University in Geneva on November 23, 2020, and gave this lecture under the auspices of the Geneva Lecture Series â Contemporary World of Geo-economics.
About the author:
Marie-Christine Ghreichi, graduate of Sciences Po, Paris and the US, is a French International Security specialist with a focus on Diplomacy and the Euro-MED.
The Diplomatic world is full of generous women, smart and secure, who take the time and effort to guide other diplomatic spouses. Sherly A. Noguera de ArgĂŒello is one of them. Dedicated mother and supportive wife, highly accomplished diplomat herself, she is a leading figure promoting her country of origin, Nicaragua, to The Netherlands and to the whole world.
Coming all the way from another continent, Mrs. Noguera de ArgĂŒello dedicated her life to make this small country known and admired, putting it many times in the center of attention, through the events she organizes, with infinite intelligence and charm.
She remembers that her father, who was a passionate reader, and her mother, a culinary artist, were initially her mentors and inspiration. She wanted to learn more, and in many fields.
She completed courses in pastry and desserts, besides full graduate studies in commerce, banking, finances, communication and tourism business and Master degrees of Business Administration, Management Human Resources, Local Government and Administration from universities of Nicaragua, Mexico, Spain and Portugal. Before joining the Foreign Service, she worked in Managua in the financial field, then at the National Institute for Tourism, promoting Nicaragua in Latin America, Canada, and Europe. At one point in her life, she also established her own business in the food industry, following her old passion, and taught Tourism and Hospitality at the Universidad del Valle in Managua.
But working for her country, in the Foreign Service, was the start of a lifetime adventure, also a life of promoting and representing Nicaragua in many ways, including organizing top cultural and culinary events, well recognized and highly anticipated in The Hague.
After all, cultural diplomacy is nowadays worldwide accepted as one of the most effective and intelligent ways of country promotion. And many times it is done by the spouses, the supportive partners of career diplomats.
As most great personalities usually are, she is also a marvelous human being: a beautiful woman, always generous, modest, friendly, ready to help and get involved, with a soft spot for culture and tourism.
Sherly A. Noguera de ArgĂŒello devoted years to research on Nicaraguan cuisine and texts related to the traditional foods, and family recipes. She then adjusted old country recipes to more modern tasting, respecting also other cultures and introducing them to the world, in refined and well-studied events, where socializing and tasting were harmoniously intertwined, so as to leave the participants with a sublime memory of an unforgettable experience, and meanwhile to intrigue them and always make them more curious, more interested in the rich tradition of a country that many did not know before…
Sherly A. Noguera de ArgĂŒello Photographer Fer Legrel.
What are her future plans? ⊠Time is always too short for all that she wants to achieve. She wishes to promote furthermore culinary art from her native country, through events available to all interested. She also plans to organize a Nicaraguan Culinary Exhibition in the Netherlands, with the help of her many Nicaraguan friends, as she sees ancestry traditional foods as a true Culinary Passport of her beloved Nicaragua to the whole world.
She is confident she will succeed with her projects, although now, because of the current situation, things are a bit slow and events are restricted.
But she has such enthusiasm for everything she does, such energy and amazing charisma, that it is impossible not to say: âI wish to visit Nicaragua, I want to find out more about this country and its people!â
Thatâs, after all, the very definition of a diplomatic job well done, of diplomatic goals well achieved. The diplomatic world certainly needs more human beings like her!
By H.E. Ms. Elizabeth Ward Neiman, Ambassador of the Republic of Panama to the Kingdom of The Netherlands.
My name is Elizabeth Ward Neiman. After September 9th upon handing credentials, I became PanamaÂŽs third Ambassador to the Kingdom of the Netherlands.
Initially I intended to write about the excellent bilateral relations Panama has with the Netherlands. This of course would include the similarities such as each countryÂŽs strategic geographic location, the extensive service center, the globally known logistics network we have both enviably developed, the international airports that serve as hubs to our respective regions, amongst others.
However, after the initial intention dissolved into the decision to write about what is most meaningful when thinking of my country, I decided to write about Panama.
Panama, the country that Panamanians return to and foreigners fall in love with!
Very probably, the first thing that comes to the mind of most people when hearing of Panama is its century old engineering feat â the Panama Canal, followed by the expansion of the Canal that opened June of 2016 and both exceeded traffic expectations and reaffirmed its environmental leadership in the maritime industry.
Cargo ships at the entrance of Miraflores Locks. Panama Canal, Panama City, Panama, Central America. Photography by Promtour Panama.
In many ways it is the Canal that forged our country. Started by the French and finished by the North Americans with workers primarily from Asia and the Caribbean islands, the origin of our multiculturality was marked. Historically prevalent are the indigenous as well as the Spanish descendants that chose Panama to become the first settlement on the Pacific Coast of the Americas in 1519. Each nationality brought and maintained its language, religion, gastronomy and traditions. We learned to live with respect and in harmony embracing each otherÂŽs individuality combining the uniqueness into parts of a whole.
With the Caribbean Sea to the north and the Pacific Ocean to the south, Panama has 10 provinces and 5 indigenous territories in a total area of 75,400 km2 and approximately 4 million population. It is what you see and experience traveling from one border to the other when the journey begins!
A commitment to the global environment has confirmed Panama`s determination to maintain the Darien jungle a natural lung for the planet. Therefore, our eastern border is a lush tropical dense jungle housing uncountable species of flora and fauna with more discovered every year. Close by is the Guna Yala indigenous territory, a must-see for anyone who visits Panama! The Gunas are known for their colorful handwork called molas. These are layered pieces of brilliant colored fabric intersewn to create spectacular designs representing the nature that surrounds them and the life they lead. The pristine turquoise water surrounding the 365 islands, the fresh seafood and their hospitality are commented by any visitor.
Continuing towards the western border is the unexpected contrast of Panama City, and what a contrast it is! More architecturally interesting skyrise buildings as well as variety of restaurants are found in Panama than anywhere in the region. From here you can visit the Canal, the Biomuseo, go shopping, climb the Cerro Ancon or venture to ColĂłn and go scuba diving in the Caribbean Sea in the morning, drive back and dive in the Pacific Ocean in the afternoon. Fly or boat to Las Perlas islands, ferry to TabogaâŠor drive on towards the western border and continue discovering.
Cinta Costera, Coastal Beltway, Balboa avenue city skyline at night, Panama City, Panama, Central America. Photography courtesy of Promtour.
In the central provinces the continental divide mountain range creates a unique climate contrast in such a small territory. Although it may be šsummerš (dry season from December to April) on the Pacific side, it will be šwinterš (rainy) on the Caribbean side. The sounds of the beating tropical rain with the brilliant lightning display and the background rumble of thunder humbles anyone under the wonders of natureâŠand not enough time has gone by to get over the awe when you are sunbathing again!
Whether you venture inland to El Valle de Anton, the second largest inhabited volcanic crater in the world, or stay on the coastal path to enjoy the endless kilometers of sand beaches ranging in colors from bleached white to iron black, visit the El Cano desert and its archeological discoveries, or camp in the La Yeguada Forest Reserve you will experience the geographical and folkloric contrasts Panama is known for.Â
Sunken ship at the reef in Kuna Yala. San Blas archipelago, Caribbean, Panama, Central America.
Whether you go northeast to Bocas del Toro or northwest to ChiriquĂ you are marveled by scenery along the way. šBocasš is laid back. Time is of no essence as you surf, swim, walk, bike, or simply hang out. In contrast, ChiriquĂ is known as šLittle Switzerlandš being the agricultural center, the highest mountain range, the coolest temperature, the most hospitable area in Panama. Whether visiting Boquete, Volcan or Cerro Punta a required stop is a coffee plantation. Many offer tours and sampling of the most expensive coffee in the worldâŠthe Geisha variety, truly sublime.
However, sublime not only describes our coffee, it describes the unparalleled exotic beauty in a territory of contrasts that is PANAMA.
By H.E. Mr. Alvaro Andres Motta, Ambassador of the Republic of Colombia to the Kingdom of The Netherlands.
Colombiaâs rich diversity and solid foundations including its strategic geographical location, political and economic stability, strong innovation, and a dynamic and expanding economy, among others, have made the country a secure reference in the international community to either do business, visit or work.
Colombiaâs democracy based on the rule of law has allowed the countryâs economy to ignite during the last few decades. According to the International Monetary Fund, Colombiaâs GDP is expected to grow by 4% in 2021, one of the best economic performances at the regional level. The chosen path to achieve this growth is based on international cooperation and a firm commitment with multilateralism which facilitates addressing regional and global challenges. From its solid democratic history based on principles such as the recognition of human rights and the respect of the rule of law, Colombia has gained unique knowledge that it proudly shares at the international arena, through its active participation in different International Organizations. Notably, Colombia officially became the 37th member of the OECD, the third country in Latin America. The OECD regarded the countryâs macroeconomic framework as one of the most solid in the Region.
Global issues demand global responses, matters such as climate change, the construction of peace, food security, immigration, deforestation, water scarcity, among others; require the highest commitment and solid response from each and every stakeholder at the international level. In the same vein, Colombia identifies bilateral relations as a core pillar to sustainable growth. Colombia and the Kingdom of the Netherlands have built strong ties in areas such as trade, investment, water and sanitation, education, infrastructure, and logistics, among others. Likewise, the proximity of the islands part of the Kingdom to Colombia has created great opportunities for cooperation and has become a strategic base for designing and developing important joint plans and projects.
In addition, Colombiaâs foreign direct investment is one of the most influential factors of the economy and has been consistently growing. According to UNCTAD, Colombia ranks third among Latin American countries in attracting foreign investment and within the top 30 worldwide. Last year Colombia recorded historic level of inflows in terms of foreign direct investment while also enjoying favorable ratings from the three most important rating agencies in the world. There are uncountable reasons why the world is looking towards Colombia.
Not only does Colombia boost a strong democracy and economy in Latin America, it is the second most biodiverse country per square kilometers, holding around 14% of the planet’s biodiversity and 50% of the worldâs heaths lands. The country recognizes its environmental richness as a unique opportunity for long term economic and social development, therefore Colombia sees the importance of the protection of its natural resources. In addition, the country is also committed to reducing its CO2 emissions and has an accumulated reduction of 30.9 tons so far. Moreover, Colombia has a number of strong public policies which protect the environment, with particular attention to the Amazon. Colombiaâs future development is fully committed with the environment, believing that when the environment flourishes so does the economy.
Colombia is not only a diverse country for its geography and natural biodiversity; thanks to its history, culture expression and people, Colombia offers many unique and authentic experiences, and this is demonstrated within its booming tourism sector. As a consequence of its natural resources, culture and the economic and social progress, tourism to Colombia has experienced significant growth in recent years. European citizens currently occupy the second place of foreign travelers who arrive to Colombia.
The COVID-19 pandemic has impacted countries around the world in an unpredictable manner. With prevention and control Colombia has successfully maintained its health care system fully operating and with capacity to attend citizens and has implemented different measures to reduce the spread of the virus. Moreover, Colombia has established different channels of collaboration and cooperation to share experiences and resources with different countries around the world during this challenging situation. Furthermore, at the end of September 2020, the country launched an effective economic reactivation plan for trade, industry and tourism named Commitment to Colombia, the strategy includes specific measures to maintain the country as an economic powerhouse in Latin America.
The democracy characterized by free elections based on pluralism, the respect of rule of law, the independent and impartial judicial system, the recognition of human rights, among others, has allowed the country to thrive by ensuring peace with legality, focusing on a future based on cooperation between the states, incentivising innovation within the economy, ensuring the sustainability of the environment, and committing to multilateralism and the defence of human rights. All of this demonstrates how Colombia has successfully set up a framework for sustainable growth in the coming years.
As ambassador I continue strengthening the close ties between Colombia and the Netherlands and invigorating Colombiaâs commitment and participation to the International Organizations based in The Hague, building a future on international cooperation.
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Photography by Marian van Noord for Diplomat Magazine.
On 17 December 2020, Mr Benjamin B. Ferencz, former Prosecutor at Nuremberg in charge of the historic Einsatzgruppen trial was decorated with the title of ‘Distinguished Honorary Fellow of the International Criminal Court’ (âICCâ or the âCourtâ), during an online event held with ICC Officials and Staff. At the event, a bust of Mr Ferencz was unveiled to be housed permanently at the Courtâs premises as ICC Principals praised his extraordinary career and relentless commitment in the service of international criminal justice.
Benjamin Ferenczpad- On a sunny day in May of 2019, a wooden bench overlooking the Peace Palace was officially presented to a small but distinguished audience. It was a present from Benjamin Ferencz, the last surviving prosecutor of the Nazi crimes to the city of The Hague.
Speaking at the event, ICC President Judge Chile Eboe-Osuji stated that the honorary title was extended to Mr Ferencz as âa token of the Courtâs appreciation for all he has done and what he has stood for as a beacon of light in the fight against impunity for atrocity crimesâ. Referring to Mr Ferencz as âa living legend in the field of international criminal lawâ and an inspiration to many, President Eboe-Osuji said: âAt over a 100 years old and counting, you have demonstrated what it means to have real commitment to the cause of international criminal justice and what can be achieved through the power of the individual with clarity of purpose and resolve. Through your advocacy and strength of conviction, fuelled by the horrors you had personally witnessed during the Second World War, you played a crucial role in the establishment of the International Criminal Court. You have since remained a robust defender of the institution appreciating its importance and enduring value to humanity and a more just world.â
In her congratulatory remarks, ICC Prosecutor Fatou Bensouda referred to Mr Ferencz as one of her personal heroes and founding fathers of the ICC, stating that âin life, there are those who lead by their example; those whose contagious optimism and sense of purpose bring the seemingly impossible within reach; those who by their very passion defy the laws of nature and do not let age stand in the way of their destiny to do good in the world, where good and leadership are in dire need. Today, we are in the esteemed company of that iconic trend setter and celebrate his lifeâs achievements in the pursuit of âLaw, Not War.ââ
In expressing his appreciation to the Court, Mr Ferencz stated: âThe ICC, as the court of last resort in a state-dependent system of international justice, offers hope to many who have no hope that their voices will be heard â that they have not been forgotten, and that they are not alone.â He urged universal support for the Court: âprotection of human rights demands deterrence of human wrongs, and all nations should strongly support the Court’s efforts in helping to end impunity for crimes of the gravest concern to all humankind.â âNow approaching my 102nd year, I have cherished the goals for which the ICC stands throughout my entire adult life and I give thanks for the torch-bearers who will carry the dream of a more humane world under the rule of law forward, lest we perish from the folly of our failure to do soâ, he added.
Mr Benjamin B. Ferencz was the Chief Prosecutor of the Einsatzgruppen trial at Nuremberg (1947), and is a life-long advocate for the establishment of the ICC, who has made major and pioneering contributions to international criminal justice (watch Mr Benjamin Ferenczâs video statement on the 20th anniversary of the adoption of the Rome Statute(click here)).
To date, the title of ‘Distinguished Honorary Fellow of the International Criminal Court’ has been bestowed upon Mr Ferencz, the King of Lesotho, His Majesty Letsie III, and the President of the Republic of Cabo Verde, H.E. Jorge Carlos de Almeida Fonseca, on the occasion of their visits to the Court. Â
