Former ambassador of Bangladesh to the Netherlands, H.E. Sheikh Mohammed Belal has taken up his new assignment in Amsterdam.
In a statement made by the Common Fund for Commodities (CFC) on 8 April 2020, announced that Sheikh Belal has been appointed as Managing Director of the CFC.
We take this opportunity to wish Ambassador Belal every success in his new career and look forward to a continued pleasant working relationship with him.
On 8 April 2020 Ambassador Sheikh Mohammed Belal assumed his duties as the Managing Director of the Common Fund for Commodities. Ambassador Belal signed his contract in front of the Chairperson of Governing Council, Mr. Alejandro Mitri (Argentina) en marge of the 69th Executive Board Meeting of the Common Fund for Commodities (CFC).
After assuming his duties, Ambassador Belal addressed the Executive Board and assured his full commitment to do the job of the Fund for enabling, what he described as, better livelihood to the forgotten people and better bridging between the developed and developing world. Ambassador Belal also sought enhanced cooperation from all member states to help mitigate the effects of COVID-19.
Ambassador Belal was appointed as new Managing Director of the CFC on December 04, 2019 during the 31st Governing Council Meeting, in The Hague. He was elected by consensus from a pool of six candidates for the post of Managing Director of the CFC for the term ending on 31 December 2023.
Before assuming his position at the CFC, H.E. Sheikh Mohammed Belal served as Ambassador of Bangladesh to the Kingdom of the Netherlands with concurrent accreditations to the Republic of Croatia, and Bosnia and Herzegovina from March 2014 to February 2020. Ambassador Belal is also a member of the Board of Directors of the Trust Fund for Victims of the International Criminal Court since December 2018. Furthermore, the Bureau of the Assembly of States Parties appointed Ambassador Belal as “Facilitator for the Trust Fund of Victims” for the term 2015-2016.
H.E. Sheikh Mohammed Belal Ambassador of Bangladesh, Chairperson of the Executive Council of the OPCW.
H.E. Sheikh Mohammed Belal also served as the Permanent Representative of Bangladesh to the Organization for the Prohibition of Chemical Weapons (OPCW). During his term in the OPCW, Ambassador Belal served in different capacities including his role as Chairperson of the Executive Council of the OPCW. He served in Bangladesh Missions in Washington, Canberra, Kuala Lumpur and Tashkent in different capacities.
H.E. Sheikh Mohammed Belal obtained a Master’s in Public Administration from Harvard University in the USA, a Master’s in International Relations and Trade from Monash University in Australia and also did his graduation in Forestry at Chittagong University in Bangladesh.
Ambassador Belal is married to Dr. Dilruba Nasrin. They are blessed with two children and a grandson.
We all knew that our societies were unequal. Yet, the COVID-19 pandemics still came as a slap in our face, awakening us to a harsh reality: inequalities matter much more than what we thought. In these times, inequality is no longer about wage levels, or net wealth: it’s about health or sickness, about life or death.
After years of debate about inequality, we all knew that our societies were unequal, and we all knew that these inequalities mattered. Owning a house was better than renting one, because it would not force you to pay the rent every month. A stable job was better than a precarious one, because it would allow you to better plan your life. A higher wage was better than a lower one, because it would allow you to buy more stuff. We were all aware about these differences, and we knew they mattered.
Then, the COVID-19 pandemic came. The same inequalities were still there, they had not changed. Yet, the advent of the virus suddenly made these inequalities much starker. Owning a house – once already significant advantage – suddenly turned into nothing less than a blessing. Now, house owners have a shelter assured, while tenants remain hanging by a thread; homeless people, for their part, do not even have a thread to hang on. Similarly, having a stable job became even more of a game changer. Previously, a stable job was necessary to plan your life; now, a stable job might be necessary to plan your survival. The wage level too started to acquire a greater significance. Today, as salaries are getting slashed during the lockdown, people with lower wages might face difficulties in buying even basic necessities.
The pandemic was a slap in the face. From one day to the other, it has made us realize that inequalities matter much more than what we thought. The examples outlined above – which generally apply to European societies – could be considered the most crucial, or the most evident, but they are definitely not the only ones. We might think for instance to the more subtle difference between an office job in the services sector and a factory job. Two months ago, this difference could have been reduced to a discrepancy in the physical labor involved.
Today, with the office employee “working smartly” from home and the laborer forced to go to the factory, the very same difference is much more significant.
Moreover, if we zoom out from Europe, the picture gets even gloomier – to say the least. Even remaining within the imaginary boundaries of “the West”, the scenes that unfold straight before our eyes are quite unsettling. The United States is possibly the clearest example. We knew that homelessness was an issue for many in the US. But seeing Las Vegas’ homeless lined up in parking lots after the closure of their shelters… well, that makes a different effect. Similarly, we knew that healthcare in the US is largely dependent on one’s job and income. Yet, as a public health crisis forcefully hits the country, the scenario that looms on the horizon is alarming: rich people will afford better care, while poor people will be left to their own (scarce) devices.
Moving further away from our Western realities, the situation gets even worse – far worse. In India, the country-wide lockdown declared on March 24th has been seen by most health experts as the only way to stem the virus’ spread. While this measure will likely be effective in taming the virus, it will also have a huge impact on the Indian population – and especially, once again, on the Indian poor. Again, we knew that India was an unequal country. Now, however, this inequality is laid even more clearly before our eyes, as we watch scores of workers walking for hundreds of kilometers to reach their villages in search for shelter and food. Some of these workers have been dying on the road.
Let’s look at all these situations around the world. The current pandemic did not create the inequalities that we can now see so clearly; it simply laid them bare. Ironically enough, the virus is extremely egalitarian: it knows no distinction of nationality, ethnicity, or caste, and even less does it care about anyone’s wealth or income. What the virus does, however, is to put our societies in distress, and in doing so it blatantly puts a spotlight on their weaknesses, on our weaknesses. Inequality is one of such weaknesses – and it is much, much more relevant than what we thought. In this way, the current situation grimly brings some clarity to the inequality debate. Inequality is not about being rich or poor, stable or precarious, happy or sad. It’s much more: it’s about being healthy or being sick, being alive or being dead. This is not “inequality in the time of coronavirus”; this is simply inequality. And we should really do something about it.
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Photography by Agata Buganska.
About the author:
Guido Lanfranchi is a student and young professional in the field of international affairs. He has pursued his studies both at Leiden University and Sciences Po Paris, where he is currently enrolled. In parallel, he has been gaining professional experience through internships (first at the Council of the European Union, and currently at Clingendael Institute), as well as by working as reporter and associate editor for Diplomat Magazine The Netherlands. His research and work focus on the Middle East and Africa, and especially on conflict situations in these regions.
In the picture Patrick Aarsman, General Manager, Leonardo Royal Hotel Den Haag Promenade.
The Diplomatic hub in The Hague, previously known as Crowne Plaza, where hundreds of diplomatic events, delegation meetings, and gastronomic dinner in collaboration with the Diplomat Magazine, will be renamed as the Leonardo Royal Hotel Den Haag Promenade. Known for its exceptional services, the new Leonardo Royal Hotel will retain its essence of Promenade and will continue to provide deluxe services to its customers.
Precisely one year after opening the first Leonardo Royal Hotel of the Benelux region in Amsterdam, the second Leonardo Royal will soon open in The Hague.
General Manager Patrick Aarsman explains, ‘We believe in our brand, Leonardo Hotels, and are looking forward continuing under the wings of Leonardo Royal. We’re proud to be taking this step in the run-up to our 50th anniversary next year. It is still our ambition, together with the city, to position The Hague as a top destination for international relations.
The arrival of the Leonardo Royal Hotel in The Hague also marks the arrival of the Fattal Hotel Group to the most international city in the Netherlands. The unmistakable character of the Promenade Hotel, however, will not change. Promenade will remain Promenade. This is something we can be proud of!’
The International allure of the Royal City
With 9 meeting rooms, including the impressive 234 m2 Residentiezaal with a Sony 4K laser projector and a Prominential Boardroom on the 6th floor overlooking the green Stolkpark and the skyline of the city, the Leonardo Royal Hotel Den Haag Promenade has versatile meeting facilities to offer. This is in line with the upscale brand “Leonardo Royal” of Leonardo Hotels.
The hotel is far more than just a place to sleep overnight. It is a meeting place where hotel guests, residents, and staff can come together to forge national and international connections. In support of these connections, the hotel organises the Promenade Food Festivals at the restaurant Brut International Flavours. International chefs and embassies collaborate with the kitchen brigade to present local cuisines from all over the world to The Hague.
The Hague to receive second Leonardo Royal Hotel in the Netherlands
Before announcing the second Leonardo Royal Hotel within the Benelux region, the Fattal Hotel Group recently announced the opening of the Leonardo Boutique on P.C. Hooftstraat in Amsterdam.
In addition to a total transformation of the Museumhotel on the Netherland’s most chic shopping street, the Leonardo Hotel in Antwerp is also undergoing a total renovation. Alexander Kluit, Managing Director of the Benelux, points out, ‘As of April, the Leonardo portfolio in the Benelux will include 1.400+ hotel rooms distributed over 3 Leonardo Hotels, 2 Leonardo Royal Hotels and 1 Leonardo Boutique Hotel.
Fattal Hotel Group is currently one of the fastest-growing hotel chains in Europe. With the arrival of Leonardo Royal Hotel Den Haag Promenade to the international residential city, we expand our market position to the south of the Netherlands. This is fully in line with our growth ambition for Benelux.’
The Diplomat Magazine wishes Leonardo Royal Hotel success in its endeavors and looks forward to future collaboration!
Since the onset of the Covid-19 pandemic Bvlgari stands with science in its struggle against the virus, and its dissemination by facilitating a major donation to the Research Department of the Lazzaro Spallanzani Hospital in Rome where the medical teams were the first to isolate the virus in less than 48 hours, a key achievement that allows for better diagnosis, and in developing a possible vaccine.
Bvlgari, likewise donated a new 3D microscope represented by CEO Jean-Christophe Babin and the company’s Executive Vice President for Sales and Retail, Lelio Gavazza. The latter owing to its ability to accurately identify microscopic cell structures even on three-dimensional biological samples, and to follow their growth and interaction with other microorganisms over time, it is the best tool for studying Covid-19 infections at a cellular level.
Courtesy of Bvlgari.
This type of microscope was the first to be installed in the city of Rome, and currently allows INMI researchers to carry out innovative experimental research protocols.
Beyond the technological donations made by Bvlgari, the Roman jeweller is producing a hand sanitiser gel together with Bvlgari historical fragrances partner, ICR (Industrie Cosmetiche Riunite, Lodi), which is being distributed in 75ml recyclable bottles through the Protezione Civile (Italian Civil Protection Department) in order to help the most critical infrastructures today against Covid-19. Bvlgari plans to manufacture hundreds of thousands of bottles in the upcoming 2 months.
Bvlgari is part of the LVMH Group, the world leader in luxury products and retailing, which on an ad hoc bases is supporting French Health Authorities, manufacturing in its Perfume & Cosmetics laboratories (Dior, Guerlain,Givenchy) around 50 tons per week of sanitising hands gel to be generously distributed across French hospitals.
The LVMH Group has also placed an order of a significant amount of masks to a Chinese supplier being distributed in France, Italy and Spain.
We all indeed face challenging times, when our daily surf into social media timelines and websites is focused mainly on #COVID19 and #coronavirus hashtags and new updates on infected and cured, new restrictions and lockdowns on the borders of Europe and crossroads between civilizations.
Main issue underlined during all this time of pandemic is that it should in no way restrict human rights and freedoms. And a small country of 150,000 people – Republic of Artsakh (Nagorno-Karabakh) once again proved its commitments to those fundamental human rights by holding its sixth Presidential and the seventh Parliamentary Elections, since declaring its independence from Soviet Azerbaijan in 1991, fully in accordance with USSR legislation and international law.
Last elections in the Republic of Artsakh (Nagorno-Karabakh).
The elections in Artsakh, along with the previous ones and in contrast to those in some neighboring countries, once again were held in line with the international standards and are referred to as truly competitive, democratic, free and transparent.
The European Union and the advocates of democracy around the globe have a natural and logical obligation to support any democratic movement, express firm solidarity, especially in these circumstances, when different oppressive governments (including the one in Artsakh’s immediate neighborhood) are trying to use this pandemic to further tighten the circle of restrictions, thus depriving their own societies of basic liberties, suppress critical voices and opponents, expand crackdown on media. Some even go further by labeling opinions, which are not in line with the ruling elite’s position, “virus” or “fifth column’s propaganda”.
The narrative of holding exemplary transparent and free elections, while being a prerequisite for functioning of a true democracy, is indisputable part of Artsakh’s national agenda. All the processes related to the elections are reflecting the tendencies of the society, as competitive elections and high sensitivity to security issues coexist together in Artsakh. The level of achievements and also the shortcomings recorded during the elections and steps undertaken to address those shortcomings show that a significant achievement has been registered in building a stable democratic society, and thus it should be encouraged.
The democratic developments in all the countries of the region, the formation of authorities accountable to their own peoples is the guarantee of regional security and the peaceful settlement of conflicts. From this point of view, any process that is democratic in nature also contributes to the regional peace. Therefore, the international community should continue pursuing regional policy based on this approach, namely taking steps to encourage the formation of accountable authorities and building a civil society, where the protection of fundamental human rights is not merely promoted, but also guaranteed.
The current uncertainties should not undermine the importance of the consistency of core democratic values: none of the global challenges the international community is facing or would face in the future should serve as an excuse for inaction, by the opposite it should be another call for unwavering supporting to the establishment of more democratic environment and to formation of accountable governments in every corner of the world.
The Executive Secretariat of São Paulo Forum‘s is driving and promoting a civil appeal to influence global political actors into suspending the economic and political blockade against Cuba, Nicaragua and Venezuela in the midst of the alarming health situation worldwide connected to the SARS-CoV-2 as well as COVID-19 pandemic.
In the midst of these problems, some nations that have already been the victims of unilateral coercive measures have unsuccessfully requested the lifting of sanctions in order to purchase supplies, medical equipment and medicines for their health system.
In particular Cuba remains subject to the economic, commercial and financial blockade imposed by the United States, which however has acted as a paradigm of solidarity by dispatching Medical Brigades to more than a dozen countries upon their behests.
HE Dr. Hissa Abdullah Alotaiba, UAE Ambassador to the Kingdom of the Netherlands, expressed the solidarity of the United Arab Emirates with the Kingdom of the Netherlands in facing the Corona virus, and raising the slogan “As long as there is life, there is hope “
For more information about her initiative, please visit UAE Embassy page on Twitter.
IIT concludes units of the Syrian Arab Air Force used chemical weapons in Ltamenah, Syria in March 2017
THE HAGUE, Netherlands – 8 April 2020 – The Organisation for the Prohibition of Chemical Weapons (OPCW) released today the findings of the first report by the OPCW Investigation and Identification Team (IIT). The IIT is responsible for identifying the perpetrators of the use of chemical weapons in the Syrian Arab Republic where the OPCW Fact-Finding Mission (FFM) has determined that chemical weapons have been used or likely used in Syria.
The IIT’s first report sets out its mandate, the legal and practical challenges of its work, and the findings of the investigations conducted between June 2019 and March 2020, focusing on the incidents in Ltamenah, Syrian Arab Republic on 24, 25, and 30 March 2017. The IIT’s investigation and analysis included a comprehensive review of all of the information obtained including: interviews with persons who were present in the relevant places at the time of the incidents, analysis of samples and remnants collected at the sites of the incidents, review of the symptomatology reported by casualties and medical staff, examination of imagery, including satellite images, and extensive consultation of experts. The investigation relied on relevant FFM reports as well as on samples and other material obtained directly by the Technical Secretariat in the territory of Syria.
The report reached the following conclusions:
At approximately 6:00 on 24 March 2017, an Su-22 military airplane belonging to the 50th Brigade of the 22nd Air Division of the Syrian Arab Air Force, departing from Shayrat airbase, dropped an M4000 aerial bomb containing sarin in southern Ltamenah, affecting at least 16 persons.
At approximately 15:00 on 25 March 2017, a helicopter of the Syrian Arab Air Force, departing from Hama airbase, dropped a cylinder on the Ltamenah hospital; the cylinder broke into the hospital through its roof, ruptured, and released chlorine, affecting at least 30 persons.
At approximately 6:00 on 30 March 2017, an Su-22 military airplane belonging to the 50th Brigade of the 22nd Air Division of the Syrian Arab Air Force, departing from Shayrat airbase, dropped an M4000 aerial bomb containing sarin in southern Ltamenah, affecting at least 60 persons.
In his recorded statement to States Parties, OPCW Director-General, H.E. Mr Fernando Arias, underscored that:
“[t]he IIT is not a judicial or quasi-judicial body with the authority to assign individual criminal responsibility, nor does the IIT have the authority to make final findings on non-compliance with the Convention. … It is now up to the Executive Council and the Conference of the States Parties to the Chemical Weapons Convention, the United Nations Secretary-General, and the international community as a whole to take any further action they deem appropriate and necessary.”
The IIT Coordinator, Mr Santiago Oñate-Laborde stated in his remarks that:
“[t]he IIT has concluded that there are reasonable grounds to believe that the perpetrators of the use of sarin as a chemical weapon in Ltamenah on 24 and 30 March 2017, and the use of chlorine as a chemical weapon on 25 March 2017 were individuals belonging to the Syrian Arab Air Force. … Attacks of such a strategic nature would have only taken place on the basis of orders from the higher authorities of the Syrian Arab Republic military command.
Even if authority can be delegated, responsibility cannot. … In the end, the IIT was unable to identify any other plausible explanation.”
The first report by the OPCW Investigation and Identification Team has been shared with all States Parties to the Chemical Weapons Convention and the United Nations Secretary-General.
H.E. Mr. Jean Pierre Karabaranga, Ambassador of Rwanda.
Today, the Embassy of the Republic of Rwanda in the Kingdom of the Netherlands started with the Kwibuka26 program marking the 26th Commemoration of the 1994 Genocide against Tutsi.
In observance of all measures taken in this country by the Dutch Government aimed at limiting the spread of Covid-19, an alternative program was developed in cooperation with Ibuka Netherlands and the official ceremony of today at 16.00 hours was broadcasted through the Embassy’s online communication channels. From 8 to 13 April, every day at 1600 hours a different video will be put online on the YouTube channel of the Embassy.
2020 marks the 26th commemoration of the Genocide against the Tutsi. Although this year the commemoration will be different from other years due to Covid-19, the commemoration period, commonly referred to as Kwibuka (the Kinyarwanda word for Remembrance), will continue to be an opportunity to pay homage to the victims as well as reflect on the transformational journey that Rwanda has been on for the last 26 years.
Kwibuka-26 ceremony in the Netherlands.
There are a series of events in The Netherlands organised by the Embassy of the Republic of Rwanda in The Hague and Ibuka-Netherlands to mark the commemoration and to remember and honour those we lost, comfort those who survived and pay tribute to the sacrifices that brought Rwanda back to life.
H.E. Mr. Peter Wilson, Ambassador of the United Kingdom.
The diplomatic community, Rwandan nationals living in the Netherlands, friends of Rwanda and many others have been invited to join for Kwibuka26 and pay homage to the victims.
The online Kwibuka26 ceremony that was broadcasted today consisted of the following elements • MC Mr Herbert Ndahiro • Testimony by Cecile Umulisa, a Genocide Survivor • Lighting Candles of Hope • Minute of Silence • Speech by Mrs Christine Safari, Chairperson IBUKA – Netherlands • Speech by H.E. Ambassador Yoka Brandt, Secretary General of the Dutch Ministry of Foreign Affairs • Speech by H.E. Ambassador Jean Pierre Karabaranga. Genocide survivor Cecile Umulisa gave a moving testimony. She told in detail what happened to her and her family. She lost many family members due to the killings by the Interahamwe.
Then, after the ceremony to light the candles and a minute of silence, a speech was given by Mrs Christine Safari, President of Ibuka Netherlands, which is an umbrella of survivors of the Genocide committed against Tutsis in 1994 in Rwanda. “This umbrella was created in 1995 in Rwanda and its cell was created in 2003 in the Netherlands. Our first objective is justice. Ibuka strives for bringing all those who committed the genocide as well as those who trivialize it to justice from wherever they are. Our second objective is to organize remembrance ceremonies to honour our beloved ones but also to heal our own wounds. Our third objective is to assist survivors who need material as well as moral support. Our fourth objective is peace building by combatting genocide ideology so that never again can become a reality,” said Mrs Safari.
Mr. Wilhen Neomar Lara, Charge d’affaires, Embassy of Venezuela.
“Once again we’d like to draw the attention of the international community as well as of the Netherlands, that there is still a good number of suspects who live out there freely. These suspects must be arrested and sent to justice. We’d like to request the UN to release the archives of the ICTR so that they can be kept in Rwanda near where the crimes were committed.
Once again Ibuka Holland reiterates the need for survivors living in the Netherlands to have a memorial site. Buka strongly believes that if many other western countries like Belgium, France, Italy and Switzerland granted memorial sites to the respective Ibuka cells the Netherlands can do the same as well. Finally, I’d like to request the Government of the Kingdom of the Netherlands to elaborate a law that punishes the denial of the Genocide against the Tutsis which would give us a basis to legally combat the denial and the trivialization,” the President of Ibuka Netherlands said.
Representing the Dutch Ministry of Foreign Affairs, Secretary General H.E. Yoka Brandt started her speech with saying that in times of crisis it’s even more important that we stay connected and that we remember. “Today we honour those lost and those who are still here, but who’s lives were changed forever. Every year we stand united to commemorate the genocide in Rwanda and to renew our commitment that such atrocities should never occur again and to remember that the men, women and children who lost their lives were not statistics but were people just like we are with the same hope and the same dreams,” the Secretary General said.
“Since the genocide Rwandans have worked incredibly hard rebuilding the country, rebuilding communities, healing people and healing minds. The Netherlands has been a strong supporter of Rwanda in this endeavour and will continue to help bringing perpetuators to justice,” H.E. Yoka Brandt continued. “Genocide suspects will not find a safe haven in the Netherlands. We believe genocide suspects should as much as possible be tried in the country where they committed their crimes, And let it be clear, there can be no impunity to such crimes.”
“Let’s remember that life can only be understood backwards but it must be lived forwards. Rwanda has demonstrated that even in the deepest darkness there is hope,” Secretary General Brandt concluded her speech.
Ambassador Jean Pierre Karabaranga stated in his speech that the remembrance event of today allows us to keep the memory of the victims alive and to reaffirm our collective determination to uphold the ‘Never again Genocide ’ pledge. He quoted H.E. the President of the Republic of Rwanda, who said that today is a day to remember. “A day to honour those we lost as well as those who survived and live on, but under difficult conditions brought on by the aftermath of the genocide. Let us not leave them to their plight. Let us keep in mind that those who died lost their bodies but their spirit remains with us. We will use that spirit to help us build our people and our country,” the Ambassador quoted H.E. President Paul Kagame.
Ambassador Karabaranga continued his speech and said that the remembrance day of the genocide against the Tutsi is a day of deep pain and sorrow for the survivors of the genocide and the people of Rwanda in general, but it is necessary and important as we have to show solidarity with survivors during this difficult moments.
“Through Kwibuka events like today we also learn about the causes, reality and consequences of the genocide to better fight it in Rwanda and anywhere else in the world. Kwibuka allows us to build a new society, a new country free of discrimination, segregation, hatred and free of genocide,” he said.
Despite positive development in the international knowledge of the genocide against the Tutsis and despite international legal recognition of the genocide against the Tutsis, so many worrying actions reminds us that the evil is not yet completely defeated, the Ambassador also said this afternoon. “Today we are facing two dangerous situations: the denial of the Genocide against the Tutsis and the impunity of many criminals who committed the genocide.”
Mrs. Viviane Uwicyeza Mironko spouse of. the Ambassador of Rwanda.
“Except a few countries (Belgium and France), which recently enacted a law for the punishment of the denial of the genocide against the Tutsis, it is unacceptable that today, globally there is little attention to the denial of genocide against the Tutsis, like there was little attention to alarming signs preceding the genocide in 1994. In light of this we appeal to the international community to learn from history and stand together in a strong fight against any form of genocide denial and genocide ideology. We therefore appeal to the Dutch government to strongly condemn and enact a law punishing the denial of the genocide against the Tutsi”, H.E. the Ambassador said in his speech.
He concluded with thanking all honoured speakers and the Ambassador took the opportunity to comfort and encourage genocide survivors during these coming painful 100 days period of remembrance that was started today. “I wish you to stay strong and brave as you did for the last 26 years. On our side the Embassy will remain with you and will stand with you side by side” H.E. Karabaranga said.
Click here to watch the online Kwibuka26 ceremony in the Netherlands.
By Steven van Hoogstraten, Former Director, Carnegie Foundation.
Not many people will know that the Peace Palace may one day have a role to play in the relations between the 27 EU member states and the UK. The City of The Hague is not normally associated with the European Union – other than issues related to Europol and Eurojust. The connection I refer to is laid down in the so-called Withdrawal Agreement, which was finally ratified by the UK Parliament and led to the UK’s formal exit from the EU as of January 31st, 2020.
At present, all attention understandably is turned towards the establishment of a new Trade Agreement, which should be negotiated and concluded before the 31st of December, 2020. This date is the end of the Transition Period. Both sides have published their initial positions, and rather complicated talks are to be anticipated. In order to allow free trade without quotas and tariffs, the EU seeks to follow the existing EU legislation framework as much as possible. On the contrary, the UK is endeavouring to move away from this EU straight jacket as soon as they can. The UK is opting for a Canadian style CETA agreement, with less stringent conditions for matters such as state aid and protection for workers, the environment or animal treatment. In short: less UK engagement with a level playing field.
The UK feels, as a logical matter of principle, that it should not continue to be governed by EU rules it has so far adhered to; and the EU is absolutely right in saying that matters are least complicated if the present schemes of regulation being shared by two sides can run on. Only that approach will guarantee a more or less frictionless trade. We will have to see how that develops. I am afraid that the UK wants to make a point of showing its political independence by moving away from everything which is so called “dictated” from Brussels; and that will no doubt slow down the talks.
Now let us look at the terms of the Withdrawal Agreement for a moment, and where the Peace Palace comes in. All questions which may arise under the Withdrawal Agreement have to be submitted to a Joint Committee, which can take binding decisions for the parties. If that common approach does not solve the issues at hand, a dispute settlement procedure is established, such as an international arbitration procedure. This arbitration procedure provides for a panel of 5 members which can produce a legally binding decision. If necessary, this can be done by a majority vote and very importantly, without any dissenting opinions allowed to be shown. This procedure between EU and the UK will be governed by the Permanent Court of Arbitration (PCA) in the Peace Palace.
The two parties have to engage in consultations within the Joint Committee for a period of three months, and are free to submit their dispute to the procedure of arbitration afterwards. All of this can be read in article 167 and the following articles of the Withdrawal Agreement (Official Journal EU, 2019/C 384 of 12.11.2019). Incidentally, where the conflict involves the correct interpretation or application of an EU Directive or Regulation, the arbiters are bound to submit the matter to the European Court of Justice, and take the decision of the ECJ as a binding form of guidance.
As the Withdrawal Agreement is full of substantive provisions and references to EU law, it is certainly not to be excluded that a final solution through arbitration for some future dispute will be sought by either the EU or the UK. One might think about the correct interpretation of the EU citizens’ rights to work and live in the UK, the proper functioning of border controls with and within the UK, the nature and extent of financial obligations and the like. All these matters could first be debated in the Joint Committee and, in the case of failing a solution, be decided as a next step by arbitration under the umbrella of the PCA in the Peace Palace.
Turning back now to the trade negotiations ahead, a similar situation is to be expected. Any free trade agreement will have to contain provisions for the governance of the partnership; and as part of that governance, a clause is needed for the settlement of disputes. The Negotiating Guidelines adopted by the European Council on February 25th, 2020 are very specific on this point. Not so surprisingly, these Guidelines repeat the basic elements of the procedure under the Withdrawal Agreement, but without mentioning the institutions involved. It is just the principle of arbitration which is laid down. The European guidelines state “the governing body may, where applicable, agree to refer the dispute to an independent arbitration panel at any time …where the governing body has not arrived at a mutually satisfactory solution within a defined period of time” (para 158 of the guidelines).
The UK negotiating approach (under the title “The Future Relationship with the EU”, February 2020) heads largely in the same direction. The overall vision of the UK is to aim for a relationship based on friendly cooperation between sovereign equals, with both sides respecting each other’s legal autonomy. According to the UK document, the Agreement should include provisions for the governance arrangements that are appropriate to a relationship of sovereign equals, drawn from existing Free Trade Agreements; such as those the EU has with Japan and Canada.
The governance should be based on a Joint Committee to support the smooth functioning of the Agreement and provide mechanisms for dialogue and if necessary, dispute resolution. However, the UK does not see any role for the Court of Justice of the EU in the dispute resolution mechanism. This attitude is notably different from the approach taken in the Withdrawal Agreement, and I personally wonder if the UK will be able to walk away from this precedent.
As a concluding remark, I would like to note that the Brexit process has led to a foothold in The Hague, with the Permanent Court of Arbitration in a very important position under the Withdrawal Agreement. Whether this role will be extended under the new Trade Agreement is clearly a matter for the future. However, I would not be surprised if the (second) mechanism for dispute settlement would again be brought under the umbrella of the Permanent Court of Arbitration in the Peace Palace, in the slipstream of the agreed position so far. That would be definitively good for the profile of The Hague, a city of international law.
