Do colonial artefacts from 55 African countries have to be returned by museums in the Netherlands and beyond? If so, what is the (legal) basis for restitution? By Paul W.L. Russell, LL.M. Since the recent publication of a French report commissioned by the French President on the above question, France has made a modest start in returning colonial art from French museums. The debate on this matter has been underway for some time. The French President considered the “theft” of art from African countries “a crime against humanity”. This was the reason for him to return colonial art from French museums. His motto is, France will face its past, France recognizes the crimes from the past and France comes to term with it, and thus France will again be on equal footing with the 55 African countries. The President of France cries out against theft of African cultural heritage, but at the same time, he says that many artefacts have been preserved because of this theft! Is colonial art looted art? A multitude of legal issues are in play in restitution of African heritage and play a major role in this: When and under which circumstances was this art purchased, by whom and how? In what way was this documented (or not) and administered in the country of origin and the museums in this country? Or is to be established that this cannot be established anymore? How do these transactions have to be qualified? How about the limitation period which is one of the pillars of legal certainty in trade in the Western world? Did the countries of origin ever request restitution? To name but a few aspects. Does this always concern African cultural heritage or looted art? And how is “looted art” and African cultural heritage to be described in a legally correct way, both nationally and internationally? Can countries mutually agree on criteria or will the legal issues be treated per country and per object? The conclusion that all art from Africa is cultural heritage, originates from theft and therefore “is looted art” is way too simplistic, although many cases might have borne marks pertaining to this. But how do you look for and find an internationally accepted criterion (as the Washington Principles regarding World War II looted art) to treat equal cases equally and settle them? International discussion The discussion about African heritage is expanding across Europe. In the beginning of December 2018, Congo demanded from Belgium to return its heritage when the renewed Africa Museum located in Tervuren near Brussels reopened. Restitution of colonial cultural heritage to African governments is no longer taboo for Belgium. This is what Deputy Prime Minister of Belgium and Minister of Development Cooperation Alexander De Croo said when the Africa Museum was reopened. Collectors and dealers It is a matter of time that these issues will be discussed in the Netherlands in a similar way and everyone owning colonial cultural heritage is well-advised to work out his or her position in this, also in this respect, changing world. ———————– About the author: Paul Russell is a lawyer for international and national businesses, art dealers, museums, and affluent individuals. He specializes in corporate governance, contracts and corporate litigation. He has been a lawyer at Russell since 1976.   @: paul.russell@russell.nl  t: +31 20 301 55 55

Teatro Colon, Buenos Aires, Argentina.

Buenos Aires, the stylish and cosmopolitan capital of Argentina, has been a dream for millions of Europeans, mostly Italians, but also Spaniards, Germans, and French, as well as for a great number of South American people. Buenos Aires is also home to the world’s seventh-largest Jewish community, the largest in Latin America, with Jews starting to arrive in the country as early as the 16th century.

Big waves of migration from Europe came before and after the great wars when people moved to the southernmost part of America to start a new life. Such migrations are still happening today, and it is not rare to find freshly arrived Italian couples relocating in town.

What a town! The indescribable Buenos Aires is a mix of Italian traditions, in a French style city, with Spanish-speaking people.

Large avenues lined with 19th century buildings, large sidewalks and big parks covered by old big trees and flowers, plazas with fountains and marble statues, thousands of boutiques and unique stores selling own designs, from bags to clothing, from footwear and children outfits to fourrures, giving the impression that store chains do not exist here, leaving space to a sense of fashion, particularity and uniqueness at every step.

Bookstores of old and new volumes, from the illustrious Ateneo to small stalls on the sidewalk, open until 2 am, are everywhere in commercial areas and neighbourhoods. Argentina is the leading country in the world for printing Spanish books, it is the biggest editorial market in Latin America, and the leading host of bookstores as compared to any other place in the world.

Also, restaurants and cafes are always open, allowing you to decide whether to go for dinner at 11 pm or to take a drink after midnight. It is up to you to decide if it is late night or early morning, and people coming from parties blend with people going to work every day in the vibrant streets of Buenos Aires.

Buenos Aires is also rich in theatres of different kinds, from the Teatro Colón, a grand 1908 opera house with 2,500 seats, to small theatres for 20 or 30 people.

Over 287 theatres, both modern and classical, are scattered around the city: ballets, operas, dramas, cinemas, classical theatre, avant-garde or Broadway-style performances run full-house in downtown Buenos Aires and in the theatre district on Corrientes Avenue, Abasto, Palermo, San Telmo, as well as in many other areas of the city.

Antique

Not only Buenos Aires hosts over 160 museums and more football stadiums than any other city in the world, but the city is also the birthplace of acclaimed literary titan Jorge Luis Borges, as well as of tango. The city’s dance halls, bars and nightclubs are open every day of the week.

Tango is much more than a dance: it is a way of dress, of moving, of walking, it is profound music, it is a way of life. And all of this is expressed in Buenos Aires. Declared an Intangible Cultural Heritage of Humanity by UNESCO, tango is deeply embedded in Argentina’s cultural identity.

Dilyor Khakimov, Ambassador de Uzbekistan. Interview of H.E. Mr. Dilyor Khakimov, Ambassador of the Republic of Uzbekistan to Benelux countries.: “Our cooperation with Luxembourg has been quite active”.   By Adelin Remy. Mr. Ambassador, I understand that the economy of Uzbekistan has performed very well last year. What are the updated figures? In 2018, the GDP growth in Uzbekistan is expected at 5.2% and in 2019 at 5.4%. Inflation is to be at 16–17%, in 2019 13.5–15.5%, and in 2020 10–12%. Starting from 2021, annual inflation is expected to reach single-digit values. Over the last two years, Uzbekistan concluded agreements on the implementation of 182 investment projects worth 17 billion $. Uzbekistan announced the year 2018 as the Year of support of active entrepreneurship, innovative ideas and technologies. Uzbekistan intends to join the top 50 of the Global Innovation Index by 2030. What were the main direct investments in 2017? Key areas which attract foreign investments are oil and gas, textiles, pharmaceuticals, automobile industry, agriculture, processing, building materials, electrotechnical materials, chemical industry, tourism, etc. However, at the moment, Uzbekistan is witnessing a high level of state presence in the economy, bureaucracy, certain problems in taxation and customs areas and banking system. We believe these factors hamper the growth of domestic investments and wider attraction of foreign capital. What are the main economic priorities? Given the current situation and in order to give a push to the development of the economy and increase the investment attractiveness of the country, Uzbekistan adopted the concept of improving the tax policy. Much work has been done on its drafting. The draft concept has passed a wide and comprehensive public discussion in the country with the participation of the business community, international financial institutions, and renowned experts. On the basis of this concept, important changes are being made in the tax policy of the State. Instead of the maximum income tax rate that was still in force and stood at 22.5%, the personal income tax rate was introduced at 12%, and 8% insurance deductions were abolished. The high single social payment rate has been reduced from 25% to 12%. Mandatory deductions in the amount of 3.2% to the Extra-Budgetary Pension Fund, trust road and educational funds were abolished. The rates of customs payments were revised and the size of duties was reduced for almost 3,500 types of goods, the excise tax rate on goods was reduced for about 800 items. Raw materials, equipment and equipment not produced in Uzbekistan and imported for the organization of production will not be subject to state duties. Scheduled inspections of financial and economic activities of business entities have been cancelled. The requirements for obtaining 138 types of licenses and permits have been simplified, 42 of them have been completely abolished. In order to eliminate obstacles and barriers, manifestations of corruption in the allocation of land plots for business, a procedure has been introduced to acquire them through an electronic auction. The procedure for a full compensation of damage caused to the property of investors and entrepreneurs has been guaranteed. It also provides for the exemption of entrepreneurs from the payment of income tax and the single tax payment for the export of products, works and services starting from next year. Targeted work continues to accelerate the development of tourism, further improve the quality of services, effectively utilize the tourist potential of the regions and create jobs, form new national tourism products. Next year we will continue to work to reduce the level of inflation, comprehensively support active entrepreneurship, and create wide opportunities for investors. What are the social priorities? In early 2017, President Shavkat Mirziyoyev signed a decree on Uzbekistan’s Action Strategy on Five Priority Development Areas for 2017-2021, which was developed on the basis of comprehensive study of topical issues, analysis of the current legislation, law enforcement practices and the best international practices, and following public discussion. The document envisages that the timely and effective implementation of the development strategy is the top priority of all government agencies and their officials. The Strategy sets out the following five priority areas:

• improving the system of state and public construction;
•  ensuring the rule of law and further reforming of the judicial system;
•  economic development and liberalization;
• development of the social area;
• ensuring security, inter-ethnic harmony and religious tolerance, as well as the implementation of balanced, mutually beneficial and constructive foreign policy.

Based on the tasks set out in this strategy of action, as well as proposals from citizens received during the 2017 Year of the Dialogue with the People, we must solve the following key issues in the social sphere. First, it is necessary to ensure compliance of the social protection model in force in Uzbekistan with generally accepted international standards and modern requirements. It is noteworthy that our country pays great attention to the support of people with disability, who lost their breadwinners, socially vulnerable and low-income families, in particular, providing them with affordable housing. This year alone over 21.500 families have received affordable houses. Second, it is essential to strengthen social support for medical workers, create decent working conditions and improve the incentive system. Since December 1, 2018, we have increased their wages, and this is only the first step. We will continue to fully support medical personnel. In the future, in order to provide guaranteed medical services to the population, we must introduce a system of compulsory medical insurance. Third, taking into account the advanced foreign experience it is necessary to revise the educational standards and teaching methods in the field of public education from the point of view of identifying the individual abilities of students. Fourth, development of vocational education. Fifth, we need to undertake urgent measures to ensure employment and reduce unemployment. Sixth, we have to enhance the work on the construction of affordable houses on updated model projects in rural areas and apartment houses in cities. How have the relations of Uzbekistan with the European Union developed recently? On November 22, in Brussels, we held the 14th session of Uzbekistan-EU Cooperation Council. The Uzbek delegation was led by Foreign Minister Abdulaziz Kamilov. At the meeting, we emphasized that Uzbekistan considers the EU as one of our key partners on the world stage, which makes a significant contribution to the promotion of the universal values of democracy, protection of human rights, preservation of peace, stability and universal sustainable development. We believe that it is important for us to have an exchange of views on the prospects for further strengthening cooperation between the EU and Uzbekistan in the context of dynamic transformations and creating a completely new atmosphere of trust and constructive cooperation in the region of Central Asia. In this regard, we believe that cooperation with the EU should be carried out in accordance with the new conditions for the development of Uzbekistan. Uzbekistan attaches great importance to the development of mutually beneficial cooperation with the EU and its member countries and stands for the further development of our relations in all areas. Key areas of cooperation with European countries are trade, investment and financial cooperation, high-tech transfer, cooperation in science, technology, education, environment, tourism, health and culture, as well as strengthening regional security. The Uzbek side is ready to contribute to the successful development of a new EU Strategy for Central Asia and looks forward to the beginning and early completion of negotiations on a new Enhanced Partnership and Cooperation Agreement. We also hope to receive the status of GSP+ (NdlR: The GSP allows developing countries to pay fewer or no duties on exports to the EU, giving them vital access to the EU market and contributing to their growth) and count on the EU’s expertise in assisting us to joining the World Trade Organization (WTO). We reaffirm the principle position that the Uzbek side is interested in strengthening and developing relations with the EU at all levels of interaction on the principles of equality, mutual benefit, respect and consideration for each other’s interests. In our opinion, the EU needs to turn its attention to the fast-growing and enormous potential of Asian markets, including Uzbekistan, which is among the top five most rapidly developing economies in the world. It is necessary to intensify bilateral trade and investment relations with European companies for the implementation of promising projects implemented in our country. The signing of an agreement between Uzbekistan and the European Investment Bank will undoubtedly open up new opportunities for further cooperation. How have the relations of Uzbekistan with Luxembourg developed recently? Our cooperation with Luxembourg has been quite active. We are maintaining political, parliamentary, trade, economic, cultural and humanitarian cooperation. There has been a number of mutual visits on the ministerial level, as well as through parliaments of the two countries. We welcome the fact that in Central Asia, Luxembourg gives priority to the development of bilateral and multilateral relations with Uzbekistan. The legal framework of trade and economic relations of Uzbekistan and Luxembourg is based on the Partnership and Cooperation Agreement between the European Communities and the Republic of Uzbekistan, of the other part, concluded on June 21, 1996. During the 8 months of 2018, trade turnover of Uzbekistan with Luxembourg amounted 3.6 million €, which, we should admit, is a quite modest figure. At the moment, 12 companies with Luxembourg capital are operating in Uzbekistan. ————

About the author: Adelin Remy, editor of Agefi – Le Journal Financier de Luxembourg, the only exclusively financial newspaper in Luxembourg  

By Barend ter Haar. During almost half a century NATO has been extremely successful. It helped to prevent a Third World War, kept the Soviet Union out of Western Europe and created a stable basis for the development of the European Union. It accomplished this by maintaining a credible common defence and by keeping the members of the Alliance together. Both would have been impossible without the leadership of the United States. But now that the danger of large-scale military attack has vanished, has NATO become obsolete? And if not, is it able “to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law”, as stated in the preamble of the North Atlantic Treaty? Let us start with the first question: The best way to make sure that a large-scale military attack against NATO remains very unlikely is to maintain a credible common defence. It would, therefore, be unwise to abolish the Alliance. But how well-equipped is NATO to address other threats? Let us look at five types of threats: the unintended consequences of our own success, failing states, terrorism, the proliferation of nuclear weapons and Russia. The unintended consequences of our own success are threats of a non-military nature, but they are by far the most urgent problems: lifestyle diseases on the personal level, growing inequality at the national level and environmental degradation, climate change and migration at the global level. What all these threats have in common, is that they cannot be blamed on an outside power and cannot be solved by closing and defending borders. Most of them can only be solved by closer global cooperation. Another new threat is caused by the changing character of war. In the past armed conflicts were caused by the expansion of strong powers, nowadays they are caused by the implosion of weak governments. NATO is well equipped to defeat strong governments, but, as the situation in Afghanistan proves, military power is almost powerless in a failing state. The proliferation of nuclear weapons is a threat of, at least potentially, enormous dimensions. However, it is improbable that the use of NATO arms can solve the problem. Attacks against territorial powers that promote terrorism, like Islamic State, can be useful, but, apart from that, large-scale military action against terrorism tends to be counterproductive. Russia is an essential partner in the fight against global threats, but its erratic behaviour, e.g. in Ukraine and on the internet, complicates close cooperation. NATO `s military capabilities can deter Russia from attacking the Baltic states, but cannot turn Russia into a reliable partner. Conclusion: NATO is well suited to deal with military threats from the outside, but it is less suited for addressing threats that require an inclusive, global approach. NATO`s military force is very effective as a deterrent but is of limited use against the new threats.

On the image Prof. Melda Kamil Ariadno. By Prof. Melda Kamil Ariadno and Prof. Anis H. Bajrektarevicis. While our troposphere is dangerously polluted, one other space – that of intangible world, created by the interconnected technology– follows the same pattern:  cyberspace. Additionally, our cyberspace becomes increasingly brutalised by its rapid monetisation and weaponisation through mainly privacy erosion. How to protect effectively individuals and their fundamental human rights, and how to exercise a right for dignity and privacy? The EU now offers a model legislation to its Member States, and by its spill-over power to the similar supranational projects elsewhere (particularly ASEAN, but also the AU, OAS, SCO, SAARC, LAS, etc.), and the rest of world. ***************** Rules and regulations to protect personal data do not trigger many sympathies. Corporate world sees it as an unnecessary deterrent; as a limit to their growth – more to pay and less or slower to yield, innovate and expand. Governments would traditionally wish the rules should apply to every societal stakeholder but themselves. And citizenry by large too frequently behaves benevolent, nearly careless whether their data is harvested or safeguarded at all. However, such legislation is needed today more than ever before. The latest round of technological advancements was rapid, global and uneven. No wonder that in the aftermath of the so-called IT-revolutions, our world suffers from technological asymmetries: assertive big corporation and omnipresent mighty governments on one side and ordinary citizenry on the other. Even in the most advanced democracies today – such as the EU, personal autonomy is at the huge risk: Everyday simple, almost trivial, choices such as what to read, which road to take, what to wear, eat, watch or listen are governed (or at least filtered) by algorithms that run deep under the surface of software and devices. Algorithmization of ‘will’ is so corrosive and deep that users are mostly unaware of the magnitude to which daily data processing rules over their passions, drives and choices. Clearly, the technology of today serves not only a Weberian predictability imperative – to further rationalise society. It makes society less safe and its individuals less free. Societies are yet to wake up to this (inconvenient) truth. In the internet age of mobile, global and instant communications, people tend to focus more on the ‘here-us-now’ trends: goods, services, and experiences that the IT offers. Individuals are less interested on the ways in which privacy is compromised by software, its originators and devices – all which became an unnoticed but indispensable part of modern life. Despite a wish of many to grasp and know how data processing and harvesting affects them, the population at large yet has no appetite for details. But, the trend is here to stay – a steady erosion of privacy: bigger quantities of data are harvested about a larger number of persons on a daily, if not hourly basis. Corporations and the central state authorities want more data and are less shy in how they obtain and use it.

Prevention of the personal information misuse (PIM) —intended or not—is the main reason the European Union (EU)introduced the new set of provisions, as of May 2018. The General Data Protection Regulation (GDPR) – as the piece of legislation is known, is an ambitious attempt to ‘re-domesticate’ an essential segment of modern life. In a contemporary world increasingly determined by digital technology, the private data protection is not an extravaganza; it is “a fundamental right” – as the GDPR annotates. The intention of legislator behind the GDPR is twofold: to regulate domestically and to spillover internationally. The GDPR is meant to open a new chapter in the Internet’s history at home, while creating, at the same time, a roadmap for other state and corporate sector actors beyond the EU. The challenge is clear: to reconcile the rights of individuals to data protection with their other elementary rights, and to adequately balanced those with the legitimate interests of business and government. For the rest of the world, the GDPR should be predictive, inspirational and obligational. Lack of acting now means to open a space for the abuse of power – for illegitimate corporate or authoritarian gains of the hidden societal actors. In such a negative scenario – on a long run – losers are all. Historically, victimisation of individuals (through constant suspension of liberties and freedoms) ends up in a state or corporate fascism, and that one in a self-destruction of society as a whole. Comprehensive Legislation As Powerful Deterrent The Internet age exposes individuals in an unprecedented way to the domestic or foreign predatory forces. Everybody is tempted to participate in the digital economy or digital social interaction. This cannot go without revealing personal information to large state or non-state entities of local or international workings. The moment such information leaves its proprietor, it can be easily and cheaply stored, analysed, further disseminated and shared without any knowledge or consent of it originator. So far, neither market forces nor the negative publicity has seriously hindered companies and governments from tapping on and abusing this immense power. Nothing but bold and comprehensive legislation is an effective deterrent, which stops the worst misuse. Only the legal provisions to protect personal data may serve a purpose of special and general prevention: Be it in case a local or transnational corporate greed, governmental negligent or malicious official, or the clandestine interaction of the two (such as unauthorised access to personal phone and Internet records, as well as the unverified or inaccurate health and related data used to deny person from its insurance, loan, or work). While totally absent elsewhere, early European attempts to legislate a comprehensive regulatory system of personal data protection have repeatedly fallen short in their expected deliverables. Thus, the EU’s Data Protection Directive of 1995 was more a declaratory framework than a binding text of a clear wording. This instrument failed to identify the wrongdoings it sought to prevent, pre-empt and mitigate. The 1995 text also suffered from a lack of (logical and legal) consistency when it came to directing and instructing the individual EU member states (EU MS) on how to domesticate data privacy and promulgate it the body of their respective national legislation. Finally, the GDPR solves both of these problems. This instrument of 2018 clearly stipulates on discrimination combating (including the politically or religiously motived hate-contents), authentication-related identity theft, fraud, financial crime, reputational harm (social networks mobbing, harassments and intimidation). Moreover, the European Commission (EC) has stated that the GDPR will strengthen the MS economies by recovering people’s trust in the security and sincerity of digital commerce, which has suffered lately of a numerous high-profile data breaches and infringements. However, the most important feature (and a legal impact) of the GDPR is its power of being a direct effect law. This means that individuals can invoke it before the MS courts without any reference to the positive national legislation. That guarantees both speed and integrity to this supranational instrument – no vocatioleagis and no unnecessary domestication of the instrument through national constituencies. Conclusively, the 2018 instrument is further strengthened by an extra-territorial reach – a notion that makes is applicable to any entity that operates in the EU, even if the entity is not physically situated in the EU. This practically means that each entity, in every sector and of every size, which processes personal data must comply with the GDPR. It obliges governments and their services (of national or sub-national levels); health, insurance and bank institutes; a variety of Internet and mobile telephony service providers; media outlets and other social data gathering enterprises; labour, educational and recreational entities – in short, any subject that collects digital information about individuals. The GDPR further strengthens accountability principle. The state and commercial actors hold direct and objective responsibility for personal data collecting, storing and processing (including its drain or dissemination). Clearly, this EU instrument strengthens the right for information privacy (as a part of elementary human right – right to privacy) by protecting individuals from misappropriation of their personal data for a harvesting, monetisation or (socio-political) weaponisation purpose. Namely, the GDPR gives individuals the right to request a transfer of their personal data (account and history information)from one commercial entity to another (e.g. from one bank or phone provider to another). Another right is to request – at short notice and for an unspecified reason – the commercial enterprise to stop both the data collection and the marketing dissemination, or to demand clarification on marketing methods and nature of services provided. This instrument also offers individuals the right to request that their personal data are deleted (being zipped and sent back to its proprietor beforehand) – which already goes into the direction of, still indecisively debated, right to be forgotten. The GDPR calls upon all operating entities to hire a data protection officer as to ensure full compliance with the new rules. It also invites all data collecting entities to conduct impact assessments – in order to determine scope frequency, outreach and consequences of personal data harvesting and processing. (For example, if certain entity wished to introduce biometric authentication for its employees and visitors entering daily its premises, it would need at first to run an assessment – a study that answers on the necessity and impact of that new system as well as the exposures it creates and possible risk mitigation measures.) The GDPR obliges every entity that gathers data – as its core or consequential activity – to concept their harvesting systems in accordance with the min-max principle: To minimise amount and configuration of personal data they gather while maximizing the security of that data. (For instance, if the auto dealer or travel agency requires potential customers to fill out the form to request a price quote, the form can ask only for information relevant to the product or services in question.) The new legislation also mandates data gathering entities to notify the authorities – without any delay – whenever they suspect or witness a personal data breach. Conclusively, the GDPR obliges entities to present the public with clean and through information about the personal data they harvest and process—and clearly why they do so. On the sanction side, the GDPR supports the regulators with new enforcement tools, including the norm setting, monitoring of and enforcement of compliance. For a non-compliance, the instrument prescribes steep fines. To answer adequately the accountability standards enacted by this EU legislation will certainly invite large data gathering entities to bear significant investments. However, for the sake of credibility outreach and efficiency, they will have stimuli to introduce the new procedures and systems within the EU, but also beyond – wherever their operations are present. Complementary to it, the GDPR stipulates that if an entity transfers personal data out of the EU, it must safeguard that the data is handled in the new location the same way like within the EU. By this simple but far-reaching and effective spillover notion, the standards embodied by the GDPR will be delivered to the rest of the world. Hence, this instrument is not (only) an inner code of conduct that brings an outer appeal; it is a self-evolving and self-replicating standard of behaviour for our common (digital) future. Indonesian  and ASEAN It is obvious that the stipulations of the GDPR would serve well interests of Indonesia. This is actually in line with a very spirit of the 1945 Constitution, which obliges the state to protect, educate and prosper the Indonesian people. This supreme act of Indonesians for Indonesians clearly proclaims that respecting each individual’s personal data is resting upon the two principles of the Pancasila. Namely these of; Fair and Civilized Humanity. Mutual grant and observance of everyone’s elementary rights is an essence of freedom. The government, with the mandate of its authority to protect the public (public trust doctrine), must manage the personal data fairly and accountable. The GDPR also encourages the formation of an independent personal data protection supervisory institution so that it can correct the policies and rules of the bureaucracy and state administration to act accordingly in managing the personal data of the population. Moreover, every democratic government should be more proactive in protecting society when comes to the management of the personal data of its residents. Interestingly, the Indonesian legislation already has instruments that follow the notion of the GDPR. Thus, Law No. 11 on Information and Electronic Transactions of 2008 (by a letter of its article 2) emphasizes the principle of extra-territorial jurisdiction. (In this particular case, it is related to the cross-border transactions. Indonesia should always safeguard its national interests: the RI jurisdiction stretches on any legal action that applies in Indonesia and/or carried out by Indonesian citizens. But it also applies to legal actions carried out outside of Indonesian jurisdiction by Indonesian citizens or a foreigner legally residing in RI, or Indonesian legal entities and foreign legal entities that produce legal effects in Indonesia. This, of course, assumes the very nature of use of Information Technology for Electronic Information and Electronic Transactions, which can be cross-territorial and even universal. What is assumed by this Law as “harming the interests of Indonesia” goers beyond pure national economic interests, protecting strategic data, national dignity, defence and security, the state of sovereignty, citizens, and Indonesian legal entities.) When comes to the Right to be Forgotten (Right for Privacy and Right for Dignity), Indonesia must see it as a principle of real protection that is in the best interests of data owners. Further on, such a right should be strengthened by the principle of ‘without undue delay’, as to avoid the administrative obligation to request a court decision to uphold the right. On the long run, it will surely benefit businesses far more than the personal data originators themselves. Leading by example In line with the Right to Portability Data elaborated by the GDPR, Indonesia also needs to closely examine the EU instruments. Hence, the EU Regulation No.910 / 2014 concerning electronic identification, authentication and trust services (eIDAS) offers an idea of how to harmonize the provision of digital identity and personal data in a realm of electronic communications. (Electronic identification and authentication is a technology process that has an economic value. Such a business opportunity should be reconciled with a safety and security standards when comes to use of and traffic with of personal data for commercial interests.) Regarding security, Indonesia must immediately have a clear policy on Cryptography to protect personal data. Cryptography is a double-use process; it can be utilised for civilian purposes, but it can also be used for vital national interests, such as defence and security. Therefore, privacy and cybersecurity protection is a complementary concept of protection. Holistic approach strengthens both rights of individuals as well as protection of national interests, rather than it ever conflicts one over the other. Finally, the ASEAN Declaration of Human Rights in its article 21 stipulates that the protection of personal data is an elementary part of Privacy. As one of the founding members, a country that even hosts the Organisation’s HQ, Indonesia must observe the notions of this Human Rights Charter. That is the additional reason why RI has to lead by example. The EU’s GDPR clearly encourages a paradigm shift within the public services and government administration services on a national, subnational and supranational level for all the ASEAN member states. It is to respect the fundamental freedoms and liberties, a quality that will shield the population from random and ill-motivated arbitrary judgments of individual rights under the pretext of public interest. Indonesia and ASEAN can take a lot of learning from the dynamics of the EU’s regulation of GDPR and e-IDAS as to its own benefit – to foster its own security and to elevate trust in regional e-commerce within the ASEAN economic zone. Since the ASEAN (if combined) is the 4th largest world economy, this is a call of future that already starts now. For anyone outside, Indonesia and ASEAN are already seen as the world’s e-commerce hub, of pivotal importance far beyond the Asia-Pacific theatre. Vienna/Jakarta 18 DEC 2018 ————————– About the authors: Prof. Melda Kamil Ariadno (SH, LLM, PhD) is a Professor of International Law at the Faculty of Law Universitas Indonesia, Jakarta. She is currently the Dean of the Faculty of Law Universitas Indonesia and the Head of Center for Sustainable Ocean Policy. She obtained her bachelor’s degree from Universitas Indonesia in 1992. Then, she received both her LL.M. and Ph.D. from the University of Washington in 1995 and 2011, respectively. She has served as legal expert for several governmental bodies among others the Ministry of Marine Affairs and Fisheries. Prof. Anis H Bajrektarevicis chairperson and professor in international law and global political studies, Vienna, Austria. He has authored six books (for American and European publishers) and numerous articles on, mainly, geopolitics energy and technology. For the past decades, he has over 1,200 hours of teaching on the subject International Law. Two of his books are related to cyber space, cyber law and cyber wrongdoings. 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 7th book is to be realised in New York in December.

By Dr. Lu Wei. “How to draw the line between the recent and still unsettled EU/EURO crisis and Asia’s success story? Well, it might be easier than it seems: Neither Europe nor Asia has any alternative. The difference is that Europe well knows there is no alternative – and therefore is multilateral. Asia thinks it has an alternative – and therefore is strikingly bilateral, while stubbornly residing enveloped in economic egoism. No wonder that Europe is/will be able to manage its decline, while Asia is (still) unable to capitalize its successes. Asia clearly does not accept any more the lead of the post-industrial and post-Christian Europe, but is not ready for the post-West world.” – professor Anis H. Bajrektarevic diagnosed in his well-read ‘No Asian century’ policy paper. Sino-Indian rift is not new. It only takes new forms in Asia, which – in absence of a true multilateralism – is entrenched in confrontational competition and amplifying antagonisms. The following lines are referencing one such a rift. *********** At the end of 2017, Brahma Chellaney, a professor with the New Delhi-based Center for Policy Research, wrote an article titled “China’s Creditor Imperialism” in which he accused China of creating a “debt trap” from Argentina, to Namibia and Laos, mentioning its acquisition of, or investment in the construction of several port hubs, including Hambantota in Sri Lanka, Piraeus in Greece, Djibouti, and Mombasa in Kenya in recent years. These countries are forced to avoid default by painfully choosing to let China control their resources and thus have forfeited their sovereignty, he wrote. The article described China as a “new imperial giant” with a velvet glove hiding iron fists with which it was pressing small countries. The Belt and Road Initiative, he concluded, is essentially an ambitious plan to realize “Chinese imperialism”. The article was later widely quoted by newspapers, websites and think tanks around the world. When then United States Secretary of State Rex Tillerson visited Africa in March, he also said that although Chinese investment may help improve Africa’s infrastructure, it would lead to increased debt on the continent, without creating many jobs. It is no accident that this idea of China’s creditor imperialism theory originates from India. New Delhi has openly opposed China’s Belt and Road Initiative, especially the China-Pakistan Economic Corridor as it runs through Pakistan-administered Kashmir, which India regards as an integral part of its territory. India is also worried that the construction of China’s Maritime Silk Road will challenge its dominance in South Asia and the Indian Ocean. Based on such a judgment, the Indian government has worked out its own regional cooperation initiatives, and taken moves, such as the declaration of cooperation with Vietnam in oil exploration in the South China Sea and its investment in the renovation of Chabahar port in Iran, as countermeasures against the Chinese initiative. Since January, India, the United States, Japan and Australia have actively built a “quasi-alliance system” for a “free and open Indo-Pacific order” as an alternative to the Belt and Road Initiative. In April, a senior Indian official attending the fifth China-India Strategic Economic Dialogue reiterated the Indian government’s refusal to participate in the initiative. The “creditor imperialism” fallacy is, in essence, a deliberate attempt by India and Western countries to denigrate the Belt and Road Initiative, which exhibits their envy of the initial fruits the initiative has produced. Such an argument stems from their own experiences of colonialism and imperialism. It is exactly the US-led Western countries that attached their political and strategic interests to the debt relationship with debtor countries and forced them to sign unequal treaties. China’s Belt and Road Initiative is proposed and implemented in the context of national equality, globalization and deepening international interdependence, and based on voluntary participation from relevant countries, which is totally different from the mandatory debt relationship of the West’s colonialism. It is an important “Chinese experience” to use foreign debts to solve its transportation and energy bottlenecks that restrict its economic and social development at the time of its accelerated industrialization and urbanization. By making use of borrowed foreign debts, China once built thousands of large and medium-sized projects, greatly easing the transportation and energy “bottlenecks” that long restrained its social and economic development. Such an experience is of reference significance for other developing countries in their initial stage of industrialization and urbanization along the Belt and Road routes. In the early stage of China’s reform and opening-up, US dollar-denominated foreign debt accounted for nearly 50 percent of China’s total foreign debts, and Japanese yen close to 30 percent. Why didn’t Western countries think the US and Japan were pushing their “creditor imperialism” on China? Some foreign media have repeatedly mentioned that Sri Lanka is trapped in a “debt trap” due to its excessive money borrowing from China. But the fact is that there are multiple reasons for Sri Lanka’s heavy foreign debt and its debt predicament should not be attributed to China. For most of the years since 1985, foreign debt has remained above 70 percent of its GDP due to its continuous fiscal deficits caused by low tax revenues and massive welfare spending. As of 2017, Sri Lanka owed China $2.87 billion, accounting for only 10 percent of its total foreign debt, compared with $3.44 billion it owed to Japan, 12 percent of its total foreign debt. Japan has been Sri Lanka’s largest creditor since 2006, but why does no foreign media disseminate the idea of “Japan’s creditor imperialism”? In response to the accusation that China is pursuing creditor imperialism made by India and some Western countries, even former Sri Lankan president Mahinda Rajapaksa wrote an article in July using data to refute it. Most of the time, the overseas large-scale infrastructure construction projects related to the Belt and Road Initiative are the ones operated by the Chinese government and Chinese enterprises under the request of the governments of involved countries along the Belt and Road routes or the ones undertaken by Chinese enterprises through bidding. It is expected that with the construction of large-scale infrastructure projects and industrial parks under the Chinese initiative, which will cause the host country’s self-development and debt repayment ability to constantly increase, the China’s creditor imperialism nonsense will collapse. ———————– About the author:  is an associate research fellow with  China’s National Development and Reform Commission’s Academy of Macroeconomics Studies.  

As of 1 January 2019, the statutory gross minimum wage for employees 22 years and older that work full-time will be:

€	1,615.80	per month
€	372.90	per week
€	74.58	per day

Please be informed that the law regarding gross minimum wage is statutory law. Therefore, the gross minimum wage also applies to employment contracts with foreign employees that habitually perform their work in the Netherlands, even in case a choice of law has been made in the employment contract. Statutory youth minimum wage

Age	Percentage	Per month	Per week	Per day
21 years	85%	€ 1,373.45	€ 316.95	€ 63.39
20 years	70%	€ 1,131.05	€ 261.05	€ 52.21
19 years	55%	€ 888.70	€ 205.10	€ 41.02
18 years	47.5%	€ 767.50	€ 177.15	€ 35.43
17 years	39,5%	€ 638.25	€ 147.30	€ 29.46
16 years	34,5%	€ 557.45	€ 128.65	€ 25.73
15 years	30%	€ 484.75	€ 111.85	€ 22.37

Part-time When the working time is shorter than the customary working time, the statutory (youth) minimum wage will be in proportion to the hours worked. Hourly Wage The hourly wage may vary across the sectors, depending on the number of hours that is agreed upon as the customary working time. The customary working time is defined as the working time which has been agreed upon for full-time employment in a certain sector. In most collective labour agreements the working time of full-time employment is 36, 38 or 40 hours per week. ———————–  About the author: Jan Dop 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 our Embassy Desk, that serves Embassies, Consulates, diplomats and expats. He has been a lawyer at Russell since 1995, and became a partner in 2011.   @: jan.dop@russell.nl  t: +31 20 301 55 55

By Dr. Eugenio Matos Gomez. The First International Tourism Investment Forum took place in Tashkent between 19 & 20, November 2018. We had the opportunity to interview several important persons, including Mr. Abdulaziz Akkulov who was the Acting Chairman of the State Committee of Uzbekistan for Development of Tourism. He expects that Uzbekistan will double the number of tourists in 2019. Last year, 5.5million visited Uzbekistan, compared to 2.7 million in 2017. “This is a huge achievement for us”, he said during a short discussion we had with him on Nov. 19th. This country is a hidden gem in Asia. The two-days promotional forum aimed at attracting foreign investments to Uzbekistan with quick investment-returns for potential entrepreneurs.   “The forum was very well attended, counting with an abound of prospect investors from over 50 countries, having the European Bank for Reconstruction and Development and Chinese companies as one of its largest financial supporters. There  are many regions to highlight during this event, including Samarkand. They all offer a series of investment opportunities”, told us Dilshod Narzikulov, First Deputy Director from Samarkand. He says that by 2025, Uzbekistan should receive some 8.5 million visitors, and almost 10 million by 2026, reason why there is an urgent need for accommodation, supplies and services. During the Forum, the government announced some 530 touristic projects all over the country, varying from small to five star hotels, restaurants, entertainment, theme parks, transportation, services, private hospitals, sports centers and the like. Proposed projects now open to foreign investors have the option to own their businesses as sole proprietorship, as a single owner. The Government provides the land and services.  

What makes the difference amongst standard international investments? It was our question to local promoters. “The State provides comfortable warranties to investors and fast returns, which are key factors. They will get excellent general public services, including water supply, electricity and gas where necessary”. Tourism development is a major priority for the government, considering its landlocked situation in Central Asia. President Shavkat Mirziyoyev has only two years in power after the passing of the autocratic leader Islam Karimov. Mirziyoyev is opening his country to the world as never seen before. “We are much better of since President Shavkat Mirziyoyev took power in 2016, thanks to his reforms, liberalization policies and dismantlement of old-fashioned regulations”, answered nine out of ten interviewees we have approached at Samarkand bazar meat market on 21^st November 2018.

Uzbekistan offers above all security for tourists and investors. Uzbek people are extremely friendly to help tourists. This nation has a privileged local production at all levels; Uzbekistan is the world’s fifth-largest cotton exporter and seventh-largest producer. Uzbekistan’s growth has been driven primarily by state-led investments, and export of natural gas, gold, and cotton including an automotive industry (Chevrolet and other brands), low cost public transportation, efficient health-care system; it enjoys an uncommon social and political stability, amongst other considerations. For further information regarding foreign investment in Uzbekistan, please contact the Uzbek Embassy in Brussels: belgium.mfa.uz / embassy@uzbekistan.be —————————– About the author: Senior Diplomat. Hon. Associate Publisher, Diplomat Magazine.  Expert on Public Diplomacy    

By Guido Lanfranchi. Speaking with the press ahead of the November 11^th elections in eastern Ukraine, Ambassador Kurt Volker, US. Special Representative for Ukraine, declared such elections as “wholly illegitimate.” In the same context, he announced a new round of US. sanctions against Russia over the country’s involvement in Ukraine. On November 8^th, 2018, just a few days ahead of the November 11^th elections in eastern Ukraine, the United States State Department decided to update the press on the situation in the country. Ambassador Kurt Volker, US. Special Representative for Ukraine, updated the press on Ukraine’s dire humanitarian situation, on the elections in the east, and on a new set of US. sanctions against Russia over its involvement in Ukraine. Ambassador Volker started by expressing the strong opposition of the United States towards the November 11^th elections in the so-called Luhansk and Donetsk People’s Republics. Such elections – he claimed – are “wholly illegitimate”, as they do not comply with the Ukrainian constitution nor with the Minsk agreements. While reminding that elections are indeed part of the Minsk roadmap, Mr. Volker stressed that this process should unfold in a safe and free environment. Such conditions – he stressed – are currently far from being achieved in eastern Ukraine. In order to achieve the conditions necessary to implement the Minsk agreements, Ambassador Volker reiterated the US. proposal for a UN-mandated peacekeeping force, which would be tasked with creating security in the regions. Ambassador Volker “urged the Russian side to give serious consideration” to the US. proposal. However, as Russia demands a mission focused solely on the protection of OSCE observers, the position of the actors remain rather distant. In a bid to increase pressure on Russia – Mr. Volker announced – the US. is set to impose a new round of sanctions. These new measures will target three individuals and nine entities accused either of contributing to Russia’s efforts to annex Crimea, or of committing serious human rights abuses in Russian-controlled areas. While the US. has long claimed that Russia has control over the occupied regions, Ambassador Volker stressed that these new sanctions are the first measures officially recognizing such understanding. As the negotiations remain stalled, the situation on the ground continues to be extremely dire – Ambassador Volker noted with concern. The conflict in Ukraine has already killed more than 10,000 people and has left 3.4 million civilians in urgent need of assistance. Ukrainian people in the occupied regions suffer from physical violence, food and water scarcity, health issues, as well as a lack of freedom. However, such humanitarian catastrophe “can be ended” – Mr. Volker stressed – namely by creating peace and security and implementing the Minsk agreements. Negotiations will thus continue, with the ultimate aim of improving the lives of the people of eastern Ukraine, who unfortunately remain the real victims of the conflict.

On the picture Évora, capital of Alentejo, a UNESCO World Heritage Site. By Catherine Dailey. During a gala black tie event held in the Pátio da Galéon western side of the Comércio Square in Lisbon a little more than a month ago, Portugal was honored with the “World’s Leading Tourist Destination 2018” award by the World Travel Awards. The event, one of the world’s most prestigious tourism and travel events in the industry, marked the end of the organization’s Silver Jubilee Grand Tour. During the December 1, 2018 awards ceremony, Turismo de Portugal   received two “World Travel Awards.” The first was the “World’s Leading Tourist Board 2018”and the second was for the “World’s Leading Tourism Authority Website 2018.” A complete list of both the “World”and “European” awards presented to Portugal, the Portuguese Ministry of Tourism, Tap Airways and various Portuguese resorts and hotels recognized during the awards ceremony can be found here. Portugal, a country with approximately 10.5 million inhabitants, welcomed some 12.7 million visitors in 2017. The figures set a new record which significantly contributed to the nation’s strongest economic growth since 2000. Revenues from Portugal’s tourism and travel related industries account for nearly 10% of the country’s GDP, which expanded by 2.7% in 2018 to a 17 year high. Last year, Portugal was also recognized as the “The friendliest country in the world for expats” in an Inter-Nations survey which was widely reported in the media last spring. With the holiday season behind us, and eight to ten weeks of inclement weather ahead, now is an opportune time to plan a trip to Portugal. The country enjoys an average of 300 days and 3,000 hours of sunshine per year and the flight time to the sun is just under three hours! This coming Thursday, the “Vakantiebeurs” opens. It is the largest consumer vacation expo devoted to travel and tourism in the Netherlands and one of the largest in Europe. Last year more than 100,000 visitors attended the four day event which will be held at the Jaarbeurs in Utrecht, from January 10-13.Visit the show and learn more about the world’s leading tourist destination and other travel opportunities during the coming year. Some 1,071 international exhibitors, including 63 tour operators, travel agencies, resort properties and campgrounds specializing in Portuguese holidays, will be participating. Official tourist offices from both the “Center of Portugal” and the “Alentejo” regions will also be exhibiting. The show offers a unique opportunity for first time visitors to Portugal to speak directly with knowledgeable experts about a “citybreak” or “crocusvakantie” (winter holiday) trip in the regions. Alentejo, a geographically diverse and sparsely populated area about the size of Belgium, comprises nearly one third of the country’s land area on the Iberian peninsula and has just 750,000 inhabitants. It begins just 180 km south of Lisbon and can best be explored by rental car over a period of days. Some of Europe’s finest beaches, still largely unknown to outsiders, are to be found along Alentejo’s wild Vincentina Coast. Évora, settled during the Roman times, is the capital of Alentejo and is known as the “Museum city.” The historic city center is a UNESCO World Heritage Site. The district extends  from the west, to the plains of Evora and beyond to the picturesque village of Monsaraz overlooking Alqueva Lake. It was created by an arch dam, completed in 2002, on the River Guadiana. The Alqueva Dam provides both recreational opportunities for water sports and much needed water for irrigated crops, including vast plantings of new vineyards.Portugal’s border with Spain also runs through parts of one of Europe’s largest artificial lakes, which is also known to the Portuguese as “El Grande Lago.” In recognition, the World’s Leading Tourist Destination 2018 having been awarded to Portugal, we will be publishing a series of monthly articles, beginning with Alentejo, to showcase the  varied offerings for cultural, historic, active, religious, gastronomical, adventure and family tourism in the world’s friendliest country for expats – Portugal! ———— For additional information: https://www.worldtravelawards.com/ https://www.worldtravelawards.com/winners/2018/world For more information about Portugal: www.visitportugal.com + www.flytap.com