To the right, Kris Peeters – Picture by Bedelicious.be
Tuesday, 12 January 2020, Kirchberg, Grand Duchy of Luxembourg: Belgian national Kris Peeters, a former Flemish Premier and a federal minister in the government of Charles Michel (today President of the European Council), took office as Vice President at the European Investment Bank representing the Benelux countries. He thus joined the Management Committee of the EIB, its executive body. Peeters shall no longer be an active politician; hence his seat as a Member of the European Parliament will taken over by fellow Christian-democrat Tom Vandenkendelaere.
The European Investment Bank (EIB) is a publicly owned international financial institution whose shareholders are the EU member states. It was established in 1958 under the Treaty of Rome as a “policy-driven bank” using financing operations to further EU policy goals such as European integration and social cohesion. It is the world’s largest international public lending institution, founded in 1958.
Thursday, 14 January 2020, Paris, French Republic: Luxury goods group LVMH appointed two top executives from its Louis Vuitton brand and one of billionaire founder Bernard Arnault’s sons to run US jeweller Tiffany after its $15.8bn takeover was finalized.
Anthony Ledru, an experienced jewellery executive who previously worked at Tiffany& Co. before joining Louis Vuitton in 2014, will take over as CEO. Alexandre Arnault will effectively be number two in the capacity as Executive Vice President for Product and Communications. The 28-year-old had been running LVMH’s luggage brand Rimowa since 2016 when he convinced his father to acquire the German suitcase maker for €640m. He helped attract younger customers to the brand through collaborations with star designers such as Louis Vuitton’s Virgil Abloh and Dior’s Kim Jones. Michael Burke, the long-time chief executive of Louis Vuitton, will likewise serve as Tiffany’s chairman.
The President of the International Residual Mechanism for Criminal Tribunals (Mechanism), Judge Carmel Agius, presented the Mechanism’s seventeenth progress report to the United Nations Security Council (Council) by video-teleconference from The Hague.
At the outset, President Agius reflected on the tenth anniversary of the Mechanism’s establishment on 22 December, recalling the determination of the international community to continue fighting against impunity for serious violations of international humanitarian law by taking the bold step of creating a new kind of judicial institution. He also recalled the recent seventy-fifth anniversary of the United Nations, noting that: “Milestone events such as these remind us of our raison d’être and allow us to take stock of the progress we have made, as well as how much more remains to be done. By doing so, they encourage us to reaffirm the values that unite us and underlie our daily work […].”
Turning to ongoing challenges, President Agius reported on the Mechanism’s ability to remain operational and achieve significant results throughout the reporting period, despite the ongoing COVID-19 pandemic, including by relying on its inherent and distinctive features, such as provisions allowing for the remote participation of Judges, parties or witnesses in court hearings. In this context, he acknowledged and sincerely thanked the Mechanism’s Judges and staff for their outstanding commitment.
With respect to the Mechanism’s pending judicial caseload, the President stated that a significant portion is anticipated to be completed by the end of May next year, confirming the Mechanism’s readiness and resolve in ensuring the completion of these cases by their projected dates.
President Agius informed the Council that the appeal hearing in the Mladić case took place in late August, while the case is expected to conclude in May 2021. He further confirmed that in the Stanišić & Simatović case, the evidentiary hearings concluded in October and the trial judgement is likewise expected by the end of May 2021.
In relation to the ongoing contempt cases, in the trial against Maximilien Turinabo et al. in Arusha, which commenced on 22 October, the President noted the conclusion of the presentation of Prosecution witnesses and the anticipated start of the Defence phase in the first part of 2021, with the trial judgement also expected in May 2021.
Regarding the contempt case against Petar Jojiæ and Vjerica Radeta, President Agius informed the Member States of a decision, issued on 8 December by the Single Judge seised of the matter, “reiterating the previous request to Serbia to comply with its obligation to transfer the accused to the seat of the Mechanism in The Hague without delay”.
Furthermore, the President briefed the Council on the start of the pre-trial proceedings in the Kabuga case, in which the accused’s initial appearance took place on 11 November, following his transfer to the Mechanism’s custody in The Hague in October. Finally, with the formal closure of the case against fugitive Augustin Bizimana on account of his death, the President noted that there are only six fugitives of the International Criminal Tribunal for Rwanda remaining and underscored that the search for them continues to be a top priority for the Mechanism.
The President then turned to the safety and well-being of all persons under the Mechanism’s supervision in the context of the COVID-19 pandemic, emphasising the system of heightened vigilance and strict measures in place at the Mechanism’s detention facilities in The Hague and Arusha under the supervision of the Mechanism’s new Registrar, Mr Abubacarr Tambadou. President Agius also expressed his heartfelt gratitude to each of the Mechanism’s 15 enforcement States for their generous cooperation and support in relation to the 50 convicted persons currently serving their sentences, including Belgium, which became the fifteenth enforcement State in September.
Speaking of cooperation more generally, the President reiterated that: “[T]he support of Member States is crucial to the Mechanism’s ability to effectively discharge its functions, and we will continue to rely on your valuable assistance in the months and years to come.”
In conclusion, President Agius expressed his deep gratitude to the Members of the Council on behalf of the Mechanism, “for all the support provided since the Mechanism was brought into being ten years ago”, conveying his hopes that the Mechanism will make important headway during the coming reporting period, and ultimately be successful in fulfilling its mandate.
Tuesday, 12 January 2020, Muscat, Sultanate of Oman: His Majesty Sultan Haitham bin Tariq bin Taimur Al Said issued a decree establishing an agnatic primogeniture order of succession, thereby making his eldest son, HH Sayyid Theyazin bin Haitham Al Said the country’s very first Crown Prince of Oman in history.
Under Article 5 of the new Fundamental Law, the Sultanic throne “is passed on to the eldest of his sons, then to the eldest of the latter’s sons, and so forth”.
Oman’s constitution sets forth that the sultan ought to be a member of the ruling family as well as “Muslim, mature, rational and the legitimate son of Omani Muslim parents”.
Sultan Haitham took the throne in January 2020 after the death of his cousin Sultan Qaboos bin Said, who sired no children and designated no successor publicly during his 49-year reign.
Haitham’s move to designate a crown prince could strengthen the predictability of Omani politics, following the final years of Qaboos’s rule, when secrecy about the succession raised concerns for stability.
HH Sayyid Theyazin occupies the post of Minister of Culture, Sports and Youth since August 2020. He is the eldest son of HM Sultan Haitham bin Tariq, and HM Sultana Ahad bint Abdullah bin Hamad Al Busaidiya, a daughter of a former Undersecretary at the Ministry of Justice, Awqaf, and Islamic Affairs and former Governor of Musandam. He has three siblings, Sayyid Bilarab, Sayyida Thuraya and Sayyida Omaima.
Sayyid Theyazin bin Haitham bin Tariq Al Said (b. Muscat, 21 August 1990), a diplomat who entered the Omani diplomatic service in 2013, and had been serving at the Omani Embassy in London (accredited to St James’s Court & Ireland) since 2014. He holds a Master’s degree in History from Oxford Brooks University.
Crown Prince Theyazin is engaged to his cousin, HH Sayyida Meyyan bint Shihab, daughter of Deputy Prime Minister for Defence Affairs, HH Sayyid Shihab bin Tariq Al Said. Sayyida Meyyan is an interior designer, and talented artist who has mastered the art of photography and digital art.
The House of Said rules since 1744 over Muscat, Oman and erstwhile over Zanzibar. Albeit the succession has normally gone down from father to son, there was no formal heir apparent until modifications in the Basic Law of the State.
Cubans celebrated on January 1, the 62nd anniversary of the triumph of the Revolution
A challenging year, marked by the arrival of the COVID-19 pandemic, which in the case of Cuba, combined with the strengthening of the economic, financial and commercial blockade by the United States, causing a severe impact on the country’s economy.
However, the Cuban government has pursued with the 2030 National Strategic Economic and Social Plan, which starts on January 1, 2021 with the process of monetary and exchange regulations reforming salaries, worker pensions, State subsidies and the like.
In 2021, the investment plan has increased by 22% compared to 2020, with 60% of the resources concentrated in priority sectors such as food production, pharmaceutical products; defence, tourism; renewable energy, housing programs, cement and steel production plants. Its economic policy for 2021 also prioritizes import substitution, production incentives and direct foreign investment.
In parallel, Cuba continues the process of modernizing national legislation within the new Constitution from April 19, 2019, allowing popular consultations and a referendum on the new Family Code.
In 2020, Cuba demonstrated a good management of Covid-19, with a high recovery rate thanks to effective treatments, the adoption of a comprehensive and multidisciplinary strategy including the support from the biopharmaceutical sector. In addition, the Cuban government has adopted measures to help Cuban citiznes overseas.
The World Health Organization (WHO) included two Cuban vaccines in its program, which have already entered the clinical trial phases in the island. The “Finlay Institute” confirmed its ability to immunize the Cuban population against the SARS CoV-2 virus in the first semester of 2021. The WHO also included in its Vaccine Data System two additional Cuban candidates that are under development.
Cuba has sent more than 53 medical brigades to more than 39 countries and territories. 57 years of medical cooperation around the world has motivated the nomination of the Cuban Henry Reeve Medical Brigades, specialized in disasters and serious epidemics, for the 2021 Nobel Peace Prize.
In 2020 Cuba registered an infant mortality rate of 4.9 per thousand live births and in UNESCO’s World Education Monitoring Report 2020, it highlights 100% of preschool coverage.
Welsh First Minister, The Rt Hon Professor Mark Drakeford.
Monday, 11 January 2020, Cardiff, Principality of Wales, United Kingdom & Federal Republic of Germany: Welcoming in the New Year, Welsh First Minister, The Rt Hon Professor Mark Drakeford announced plans for a year of activity to celebrate and strengthen the historic ties between Wales and Germany.
‘Wales in Germany 2021’ will highlight a themed year of activity to showcase the relationship between Germany and Wales with events taking place throughout the year. The planned events will highlight Wales and Germany’s business networks, cultural ties and other partnerships. These events begin the Welsh Government’s renewed push to increase Wales’ international profile and increase collaboration post-EU membership.
First Minister Mark Drakeford will begin the year of celebration by virtually meeting with the German Ambassador to the UK, Herr Andreas Michaelis on Monday 11 January.
Welcoming the year of ‘Wales in Germany 2021’ First Minister Mark Drakeford said:
“Our already deep ties with Germany have grown ever stronger, and now, more than ever, we want to celebrate these ties and see them flourish. We are not a nation defined by Brexit, but a nation that has always been outward looking, internationalist and welcoming.
“I’m delighted that we’re beginning 2021 with a celebration of our close historical ties between Wales and Germany. It’s a celebration of not just our economic ties to a major European ally, but of culture and globalisation. Our two nations have always worked closely together across a number of areas such as science, education and innovation as well as culture, tourism and the arts, and we have every intention that these close ties will continue to prosper.”
As part of celebrating ‘Wales in Germany 2021’ Deputy Minister and Chief Whip Jane Hutt will attend a virtual panel event with the German diaspora in Wales, along with the Helga Rother-Simmonds, the German Honorary Consul to Wales, Professor Colin Riordan, President and Vice Chancellor at Cardiff University, on Monday 11 January.
The First Minister finished by saying:
“Many Welsh people call Germany their home and many Germans have chosen Wales to be theirs. From the firefighters of Ravensburg to the communities of Rhondda Cynon Taf, towns and cities across our nations are twinned and friendships have been forged. These ties will prosper, and as Wales starts a new journey on the world stage, we have made it clear that we’re open for business, that we are welcoming to new opportunities and our bonds of friendship remain steadfast.
“We may have left the EU, however, the cultural and historical ties between Wales and our European partners will never be broken.”
Botswana’s President, Dr Mokgweetsi Masisi_ AU Chair Moussa Faki and Rwanda’s President Paul Kagame – Picture by African Union
Friday, 1 January 2021, African Union: 2021 marks the outset of trading under African Continental Free Trade Area (AfCFTA) agreement.
It is expected the AfCFTA ought to boost intra-African trade, promote industrialization and competitiveness as well as contribute to job creation. Likewise it shall unleash regional value chains that ought to facilitate Africa’s meaningful integration into the global economy.
This agreement was established under the Constitutive Act of the African Union of 2000, the Treaty Establishing the African Economic Community of 1991 and, where applicable the Marrakesh Agreement Establishing the World Trade Organisation of 1994.AfCFTA covers a market of 1.2 billion people and a gross domestic product (GDP) of $2.5 trillion, across all 55 member States of the African Union.
OPCW’s Director-General H.E. Fernando Arias, and The Minister of Foreign Affairs of Slovenia, H.E. Dr Anže Logar. Photography OPCW.
The Minister of Foreign Affairs of Slovenia, H.E. Dr Anže Logar, met December 15th with the Director-General of the Organization for the Prohibition of Chemical Weapons (OPCW), H.E. Mr. Fernando Arias, at OPCW Headquarters in The Hague.
The Director-General briefed the Minister of Foreign Affairs on the OPCW’s progress in implementing the Chemical Weapons Convention (CWC) and the Organisation’s activities in addressing challenges to achieving a world free of chemical weapons. The meeting also focused on the opportunities to further strengthen cooperation between the Organization and Slovenia, particularly in light of the upcoming Slovenian Presidency of the Council of the European Union in the second half of 2021.
Minister Logar congratulated the Director-General and the Technical Secretariat for their dedicated work despite the challenging conditions of the Covid-19 pandemic. Condemning the re-emergence of prohibited use of chemical agents in recent years, he stressed the importance of assuring accountability for such crimes. He further welcomed the new Centre for Chemistry and Technology, which Slovenia supported with a voluntary financial contribution.
The Minister remarked, “Slovenia resolutely supports the Chemical Weapons Convention as one of the pillars of disarmament, and will continue to offer every support to the work of OPCW”. Director-General Arias expressed his gratitude for Slovenia’s support for the work of the Organisation and expressed: “Slovenia is an important partner in preserving an international consensus against chemical weapons.
We look forward to our continued cooperation in translating this consensus into effective action for the benefit of international peace and security.”H.E. Dr Anže Logar, Minister of Foreign Affairs of the Republic of Slovenia and H.E. Mr Fernando Arias, Director-General of the OPCW look at the proposed design of the new OPCW ChemTech CentreBackgroundSlovenia has been an active member of the OPCW since the Chemical Weapons Convention entered into force
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?
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 employee’s 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 council’s permission. When doing so, remember that the cooperation of the works council does not mean that you do no longer have to ask your employees’ 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.
Stop, federal agent! … Who did not hear that phrase, at least once? Hollywood action movies, one of America’s best cultural diplomacy tools, are popular all over the world and fascinate us all. Men and women in dark blue uniforms, catching the ‘bad guys’ 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 ‘white collar’ crimes was greatly rewarding and fulfilled Kristine’s 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?
‘I really enjoyed my job’ she says. ‘It 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.’
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: ‘Pay 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 wouldn’t 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 time’.
While she is now ‘home in Mexico’, she started blogging. In her blog, ‘Irish I were Mexican’, she likes to present her beautiful adoptive country, which she says ‘is often unfairly portrayed in the media and has countless marvelous places and traditions to offer to the world’. Her blog also generously hosts other diplomatic spouses’ experiences from around the Globe, picturing beautiful places through the eyes of others and offering great travel tips, too.
‘Also, 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 diplomat’s spouse is the only job that is not a job there is. You simply step into a role just based on your relationship alone’.
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 don’t know anyone, you have to remember that most of the people there are probably in the same situation, having the same anxiety and fears.
‘People often equate diplomatic life to sticking to conventions, but we really constantly bend and flex to accommodate and celebrate difference’. I can imagine it wasn’t 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.
