OPCW confirm UK findings

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Assistance Requested by the United Kingdom Regarding Toxic Chemical Incident in Amesbury
THE HAGUE, Netherlands—4 September 2018— The Organisation for the Prohibition of Chemical Weapons (OPCW) transmitted today to the United Kingdom of Great Britain and Northern Ireland (UK) the report of the OPCW’s mission to provide requested technical assistance in regard to an incident in Amesbury on 30 June 2018. The results of the analysis by the OPCW designated laboratories of environmental and biomedical samples collected by the OPCW team confirm the findings of the United Kingdom relating to the identity of the toxic chemical that intoxicated two individuals in Amesbury and resulted in one fatality. The toxic chemical compound displays the same toxic properties of a nerve agent. It is also the same toxic chemical that was found in the biomedical and environmental samples relating to the poisoning of Mr. Sergei Skripal, Ms.  Yulia Skripal, and Mr. Nicholas Bailey on 4 March 2018 in Salisbury. The UK’s delegation to the OPCW requested that the Technical Secretariat share the report with all States Parties to the Chemical Weapons Convention (CWC) and to make the summary of the report publicly available. The Director-General, H.E. Ambassador Fernando Arias, thanked all of the OPCW designated laboratories that supported the technical assistance request for their swift and thorough analysis.

Jordan against ICC decision

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On the picture, ICC Prosecutor H.E. Mrs. Fatou Bensouda.   Al-Bashir case: ICC Appeals Chamber hearing submissions on legal matters raised by Jordan from 10 to 14 September 2018 The Appeals Chamber of the International Criminal Court will hold five days of hearings, from 10 to 14 September 2018, in relation to the Hashemite Kingdom of Jordan against the decision of Pre-Trial Chamber II on the non- compliance by Jordan with the request by the Court for the arrest and surrender of Mr Omar Al-Bashir. The Appeals Chamber will receive oral submissions on legal matters raised in this appeal from representatives of Jordan, the ICC Prosecutor, and amici curiae including representatives of the African Union, the League of Arab States and international law professors.

Defence Minister of Japan visits OPCW

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The Minister of Defence of Japan, Mr. Itsunori Onodera and OPCW  Director General, H.E. Fernando Arias González. The Hague, Netherlands — 4 September 2018 — The Director-General of the Organisation for the Prohibition of Chemical Weapons (OPCW), H.E. Ambassador Fernando Arias, and the Minister of Defence of Japan, Mr Itsunori Onodera, met today at the OPCW Headquarters in The Hague.
The Director-General briefed the Defence Minister on the progress of the implementation of the Chemical Weapons Convention, OPCW’s continuing activities in Syria, as well as current and future priorities and challenges of the Organisation such as achieving universality of the Convention, upgrading the OPCW Laboratory, and intensifying international cooperation and assistance. The Director-General commended Japan’s active role in global chemical disarmament including the steady progress in destroying chemical weapons abandoned by Japan on the territory of China. He also expressed appreciation for Japan’s generous contributions to the OPCW’s Syria Trust Fund and a range of other activities. Ambassador Arias stated, “I look forward to working with Japan and other OPCW Member States to fulfil the Chemical Weapons Convention’s ultimate goal of a world permanently free of chemical weapons”. Minister Onodera recognised the importance of the OPCW’s activities for a world both free of chemical weapons and of the threat of their use, and also expressed his intention to actively cooperate with OPCW including reinforcement of its capabilities. The Defence Minister was accompanied by Japan’s Permanent Representative to the OPCW, H.E. Mr Hiroshi Inomata, and other members of the delegation.

Rwanda featured at the Embassy Festival in the Netherlands

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The Embassy of Republic of Rwanda in The Hague participated in Embassy Festival on 1 September that took place in The Hague in the Netherlands.
H. E. Mr. Laurence Lenayapa, Ambassador of Kenya, Ambassador Karabaranga and H.E. Andrea Gustovic-Eregovac, Ambassador of Croatia.
The cultural world trip that this festival offered fits in seamlessly with the international City of The Hague. One out of three inhabitants have roots abroad, making it the city that brings the world together. The Hague is also the embassy city of the Netherlands. The Embassy Festival showcased the cultural richness of around 60 countries at the Lange Voorhout. The result of this was a colourful festival program with lots of dance and music: the universal language that ties us all together and the Rwandan Embassy once again put up a special programme for its visitors, including traditional dances and traditional handicrafts were on display. For the second time Rwanda had found its way to the Embassy Festival. On the stage of the Creative Arena, the cultural program included traditional Rwandan dance performances. Furthermore, the Rwanda Pavilion was centrally located on the International Market where H.E. Mr. Jean Pierre Karabaranga and his team provided a crowd of visitors with up to date information about the various tourism and business & investment opportunities in Rwanda. Throughout the day Rwandan specialty Rwanda specialty coffee specialist Brewanda served coffee and people enjoyed the Rwandan Coffee Brownies from the Rose & Vanilla Bakery. For more information about the festival, please visit: www.embassyfestival.com Photos enclosed. High resolution photos can be downloaded from the Flickr photo album: https://www.flickr.com/photos/rwanda-embassy-nl/albums/72157700574667274  

Forgiveness in International Relations

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By Israel Rafalovich.

The argument about war and justice is still a political and moral issue.
Decisionmakers and victims alike have to examine the moral issues of warfare and at the same time, with the growing awareness of religion, pay attention to the status of religion on the subject of forgiveness in international relations. The questions that arise are: what is the role of forgiveness and religion in international relations? And, how can we deal with tough issues in international relations through forgiveness? In today’s world it is more and more clear that war and peace do not present a simple dichotomy. Countries do not say to each other “I forgive you”. In international politics asking for forgiveness is not something that happens spontaneously, but is a rational decision that comes after a long process and sometimes an emotional motive drives the request for forgiveness as well as political pragmatism. More than anything else, forgiveness is a conscious choice. In politics it is never about forgetting but about remembering in a certain way. This is also the significance of image. A country that has committed a moral wrong in the past would ask for forgiveness because it wants to show its citizens and the world a different image and therefore will also engage in the ethics of forgiveness. Forgiveness has hardly been a traditional value in world affairs, as there is a kind of resistance in linking politics with forgiveness. Forgiveness as a political strategy has rarely appeared, until lately, on the diplomatic scene. The concept is foreign to most secular philosophies, not only because forgiveness is mostly consigned to personal matters, but also because of our geopolitical times. Let’s make it clear, forgiveness cannot be imposed, it is a process as justice plays a large role in the political forgiveness process for there is no real justice without forgiveness. Public confessions of wrongdoing and the request for forgiveness have been rare in modern history. But, at the same time, never before has there been an era of public contrition for mistakes and atrocities of the 20th century. The Pope has declared that the Holocaust was an “indelible stain” on the 20th century. The fact that his statement was delivered in Israel shows how remorse can be a function of politics. Forgiveness has a marked effect and can open doors to remarkable instances of reconciliation and has the potential of being enormously influential in international relations of the 21st century. In several of the world’s centre-stage conflicts, forgiveness has made an entrance, helping repair broken relationships in fractious societies. Many conflicts of the past decade are rooted less in the intangible thing of religion, ethnicity and group identity. Forgiveness has a spiritual component and involves acknowledgment, contrition and forgiveness. It cannot be imposed and depends on our acknowledgment of the power and depth of God’s love. This is the aspect which connects us with a higher mind, our spiritual essence of who we truly are. It requires from politicians inner strength, maturity and the willingness to see a situation from a different angle. They have to be able to develop empathy for their enemies and not invest themselves in dehumanising their enemies. Forgiveness has to be possible in politics if there is to be any hope of former enemies being able to co-exist as members of the international community. We learn the need to forgive and be forgiven from our experience of living together with others. In forgiveness we affirm our readiness to act anew and to establish new relationships. When we do achieve the goal of being neighbours to people who were once our enemies, then we will see forgiveness in politics in action. In order to see things from a different angle we have to accept the belief that there is a spiritual basic goodness in each of us and this gives us the ability to love and recognise our connection with humanity. This inner spiritual touch is the one that makes it possible for us to view the world we live in in a different way. The spiritual will to forgive frees us to do the emotional work of forgiving for it has to do with uniting people through practical politics. The behind-the scenes efforts of religious organisations are aimed at not just reaching agreement but at healing the wounds that are the root of any conflict. Forms of informal diplomacy had involved religious or spiritually motivated organisations such as the Quakers in Nigeria, the Mennonites in Central America and Catholics in Zimbabwe. The challenges we face in the 21st century are severe and societies will have to undergo changes if we want to be able to face the challenges that lie ahead of us. Forgiveness is an important factor if we want to achieve a lasting peace. Otherwise, we will hear only the voices of scepticism. The readiness to forgive will create possibilities for truth-telling and the courage to take political responsibility. ———— About the author: Israel Rafalovich, is a journalist now based in Brussels who has 51 years of experience with international in Tel-Aviv, Brussels, Bonn and Washington, DC. He covers the Europe and the European institutions and writes a weekly column on international Relations. Israel Rafalovich, is currently writing a book on the subject of forgiveness in international relations.

On-call employees

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By Jan Dop. Many enterprises work with on-call employees. It is advantageous for employers because they can adapt their business operations to the developments in the market. But there are also benefits for on-call employees: they are free to work more or fewer hours and it can also be a step towards a permanent contract. What kind of contracts are there for on-call employees? What are the rights of on-call employees and which obligations do employers have to meet? There are three types of on-call contracts, zero-hours contracts, min.-max. contracts, and pre-agreements. However, since the introduction of the chain rule the latter hardly exist anymore and will not be dealt with in this blog. Zero-hours contracts A zero-hours contract is an employment contract and therefore there are obligations for both employers and employees. Employers must, for instance, call upon employees when there is work and workers are in principle required to perform work when called upon. In principle, employers are required to continue to pay salary even if there is no work or if no work can be performed due to other reasons at the risk of the employer. In addition, the following requirements apply: The obligation to continue to pay wages in the event of sickness is only applicable if the on call employee gets sick during the on-call period. If the on-call worker gets sick outside the on-call period, the obligation does not apply. After three months of having been called upon regularly, the employee can make a “legal presumption of the scope of work”. This means that a contract of employment exists which is based on the average hours of work performed per month. It is up to the employer to prove the contrary. Min.-max. contract In this contract a minimum and maximum number of hours are agreed upon between employer and employee. The minimum hours are also referred to as “guaranteed number of hours”. With regard to a min.-max. contract the following requirements apply: On-call employees have to be paid for the guaranteed number of hours, even if the hours were not worked. If an on-call worker is not able to perform work due to sickness, the obligation to continue to pay wages during sickness is applicable for at least the guaranteed number of hours. After three months, the employee can make a “legal presumption of the scope of work”. This means that a contract of employment exists based on the average hours of work performed per month. It is up to the employer to prove the contrary. Minimum on-call period Regarding all on-call contracts, each time the employees are called upon they are entitled to a salary for at least three hours of work. Even if the employees have worked for a period of less than three hours. This requires however that the employment contract does not contain a clear scope of work, or that the scope of work is less than 15 hours per week. Min.-max. contracts are subject to the condition that the guaranteed number of hours is less than 15 hours per week. This may have been deviated from in a collective agreement. Obligation to continue to pay wages excluded In principle, the employer is required to continue to pay wages if the employee is unable to perform work due to reasons at the risk of the employer, such as cancellation of an order, technical problems, or if a company is snowed in. In an on-call contract the obligation to continue to pay wages also applies if the employer can provide work but does not make a call upon the employees. The employer can exclude this obligation to continue to pay wages in the contract. For zero-hours contracts this means, for instance, that the employer is not required to continue to pay wages if there is no more work, regarding min. max. contracts, this means that the guaranteed number of hours don’t have to be paid, only the hours worked have to be paid. The rule that three hours per call have to be paid will remain in effect. The obligation to continue to pay wages can be excluded for a maximum period of six months, but in collective agreements may be laid down the possibility of extension. This is only possible if the activities are carried out occasionally and not restricted in scope. For instance, if employees are only called upon in peak periods or to substitute employees that are temporarily absent. Temporary contracts On-call contracts, in whatever form, are usually temporary contracts. Since the introduction of the Work and Security Act, stricter rules have been applied regarding the probationary period, notice period, chain rule, and non-solicitation clause. Future Despite a tightening of the employers’ obligations in the Work and Security Act, according to the cabinet, on-call employees are still in a precarious position. The Labour Market in Balance Bill therefore contains a number of measures meant to ensure a strengthening of the position of the on-call worker: Employees must be called upon at least 4 days in advance by the employer and are not required to be constantly available. In collective agreements, the on-call period may be restricted to 1 day. On-call employees are entitled to wages if the call is cancelled. After 12 months, on-call employees must be offered a contract for a fixed number of hours.
Jan Dop
About the author: Jan Dop,  LL.M. 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 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.dop@russell.nl t: +31 20 301 55 55

Time is on the side of the remainers

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By Barend ter Haar. Two years have passed since the United Kingdom decided to leave the EU, but it remains unclear what that means because the UK tries to have its cake and eat it. It seems unlikely that on this basis a stable and long-lasting divorce agreement can be build. Nevertheless all political attention is now focussed on reaching agreement, because a no deal exit would be even more damaging. However, there is a third and better option: play for time. According to Article 50 of the Lisbon Treaty the European Council might “in agreement with the Member State concerned” decide to extend the period before final withdrawal. It would be wise to do so to give the UK time to get its act together. As several political and demographic trends work together, this could very well, sooner or later, lead to a reversal of the UK ‘s decision to leave the EU. 1. First of all, it becomes more obvious, almost every day, that the promised advantages of Brexit are mainly cosmetic, and that all the options have severe drawbacks. The Canada option could work if the UK moved a few thousand miles to the West and became part of North America, but it would jeopardize the Good Friday Agreement. The Norway option does not require a border through Ireland, but would in practice mean that London will lose control in Brussels rather than take it back. 2. Secondly, year after year the evidence is growing that an effective approach of major problems such as climate change, Russian misbehaviour and proliferation of nuclear weapons requires more, not less European cooperation and commitment. 3. The central position that the UK once had in the world is continuously eroding further, inter alia because of the rise of China and India. If the UK wants to have a global impact, it will have to work through the EU. The proponents of Brexit might ignore those facts, but sooner or later they will be confronted by two related demographic trends. 4. About 70% of the voters with an academic degree voted for Remain and the number of British people with an academic degree is rising quickly. 5. A majority of the voters under 45 voted for remain, as did more than 60% of the voters between 25 and 34 and more than 70% of the voters younger than 25. All this makes it likely that it is only a question of time before a majority of British voters will want to remain in the EU or get back in. Therefore, instead of rushing into a hasty compromise, the EU and the UK would be well advised to take the necessary time to consider all options, to refrain as much as possible from taking costly measures that prejudge the final out come and give the UK the time to reconsider its position.

Turkey–an unavoidable player in the Middle East

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By Corneliu Pivariu. On July 9th, 2018, President Recep Tayyip Erdogan inaugurated his second mandate which marked, at the same time, turning the parliamentary system, in place since almost 100 years, into one where the political power is more concentrated at the presidency level. The change takes place under the circumstances of the complex developments in the Middle East and particularly in Syria, as well as within the geopolitical global context of great powers’ repositioning, of their shifting spheres of influence and the acerbic economic competition for energy sources and markets. We will see how beneficial this context will be for Turkey’s political and economic developments in the coming years. The developments of the international situation, too, will represent a challenge for the team the president Erdogan has at his disposal and where the loyalty to the president is considered an at least as important factor as it is the competence if not even more important, given the circumstances. Turkish foreign policy should find the best solution between the anti-Western fluctuations and the neo-Ottoman dream of regional hegemony on the one hand, and the need of better relations with the European Union and the United States, on the other hand. These relations are, for the time being, extremely important when the economic growth begun to dwindle and foreign investments are not at the wished for level, something that could have an undesirable impact for the current Turkish leadership at the next local elections in March, 2019. The situation got more complicated following the hike in inflation and, on August the 1st, the Turkish Lira decreased to under 5Liras for 1US dollar. Moreover, the 10th of August President Donald Trump’s announcement on doubling the tariffs for Turkish exports of steel (+50%) and aluminum (+20%), triggered a new devaluation of Turkish Lira by about 25% while a slight recovery was registered lately (Note also the Qatar financial aid for 15 billion $). Having in mind Turkey’s economic integration in the world’s economy that lead to deepening its dependency on the latter especially as Turkey has no important energy resources and depends on imports, president Erdogan announced, on August the 3rd a 100 days program and appealed to all citizens to release” the foreign currencies and the gold kept under the pillow” and turn their savings into Turkish Liras, an appeal that did not seem to have the expected effects. On the other hand, Erdogan said that Turkey will not accept being dependent on the West and will change its focus on the Chinese market for loans (including the issuance of Yuan government bonds), without explaining why the Chinese would treat Turkey differently from the European or American lenders. Moreover, president Trump’s decision of increasing the custom duties on steel and aluminum was assessed by the Turkish president as an economic war and addressed a message to his American counterpart: “At a time when Evil continues to haunt around the world, unilateral actions against Turkey by the USA, our ally of decades, would do nothing but harm the USA’s interests and security”. President Erdogan added: “if this current of unilateralism and lack of respect is not reversed, we will have to look for new friends and allies”, and said that president Trump would do well to seriously consider this “before it is too late”. President Trump himself acknowledged that the USA-Turkey relations are not in good shape currently. In all likelihood, he will wait some time in order to adapt and reconsider his position towards this important ally which cannot be circumvented in case of finding a solution in the Middle East and in other geopolitical issues. And now here on this background, the Caspian Sea Treaty, which has been negotiated for decades, was abruptly signed, offering Russia a relevant position in this area. Russia took expediently the opportunity and Serghei Lavrov, the Foreign Affairs Minister, declared that in the near future a four-countries summit (Turkey, Russia, Germany, France) on Syria will take place in Ankara with other countries invited, too, including international organizations (UN, OSCE, etc.). Turkish sources say the summit could take place on 7th of September. The significances of these developments are complex and indicate that Germany and France could return to more important positions in the Middle East, wishing to invest in the major joint Russia-Turkey projects. It would be possible that a new Middle East emerges where Turkey keeps an unavoidable place. ——————— About the author: Corneliu Pivariu, former first deputy for military intelligence (two stars general) in the Romanian MoD, retired 2003. Member of IISS – London, alumni of Harvard – Kennedy School Executive Education and others international organizations. Founder of INGEPO Consulting, and bimonthly Bulletin, Geostrategic Pulse”. Main areas of expertise – geopolitics, intelligence and security. ——————– Corneliu Pivariu, Ingepo Consulting / Photographer Ionus Paraschiv  

War correspondent Rudi Vranckx awarded Carnegie Wateler Peace Prize

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The Hague – Belgian war correspondent Rudi Vranckx will receive the 2018 Carnegie Wateler Peace Prize. The board of the Carnegie Foundation Peace Palace will award Vranckx for his outstanding courage and commitment to reporting from conflict areas, giving people affected by conflict a face and a voice. In addition to his work as a journalist, Vranckx showed exceptional commitment by personally transporting musical instruments to a destroyed music school in the Iraqi city of Mosul. The laureate As a journalist for the Belgian public broadcaster VRT, Rudi Vranckx (1959) has shown the effect of conflict on daily life with personal reports. The board of the Carnegie Foundation recognizes his courage to travel to the most dangerous conflict areas in the world. He started his career as a war correspondent in 1989 reporting on the uprising against Ceausescu in Romania. Over the past decades he has reported on wars and conflicts around the world, including in the former Yugoslavia, the Middle East and North Africa, to draw attention to suffering and injustice in conflict situations. Vranckx was one of the last European journalists to leave Egypt during the violence of the Arab Spring and he lived through an attack in Syria that killed his French colleague. Apart from showing the world the drama and injustice of conflicts as a journalist, Vranckx has shown exceptional personal engagement with the inhabitants of conflict areas. When he came across a music school in the Iraqi city of Mosul that was deliberately and completely destroyed by IS in 2017, Vranckx started a collection of musical instruments in his home country Belgium. He finally delivered the 120 collected instruments to the music school himself. His documentary about this project, ‘Imagine Mosul’, managed to touch many. Back home, he followed up on the project by raising money for an organisation that provides music lessons to young refugees in Belgium. Carnegie Wateler Peace Prize The Carnegie Wateler Peace Prize is awarded every two years to a person or an institution furthering the cause of international peace, ‘ in whatever way, by word or deed in the form of international action, in literature, or the arts’. The award is named after the Dutch banker Johan Wateler who decided more than 100 years ago – amid the horrors of the First World War – to donate almost his entire capital for peace. Following the example of Alfred Nobel, Wateler drew up a testament for the establishment of a Peace Prize. The Peace Prize was awarded for the first time in 1931. In 2016 the prize was awarded to top Dutch diplomat Sigrid Kaag, who is now the Dutch Minister of Foreign Trade and Development Cooperation. In the years before that the prize was awarded to UN diplomat Lakhdar Brahimi (2014) and War Child (2012). Award Ceremony The Carnegie Wateler Peace Prize 2018 will be awarded to Rudi Vranckx on Wednesday 26 September 2018 in the Great Hall of Justice of the Peace Palace in The Hague. He will receive the prize from Bernard Bot, Chairman of the Board of the Carnegie Foundation and Former minister of Foreign Affairs of the Netherlands. The award consists of 35,000 EUR in prize money. and an official certificate. During the ceremony also the first Youth Carnegie Peace Prize will be awarded. This prize goes to a youth initiative that is committed to a more peaceful world.  

Indonesian’s policy at the 73rd Independency Celebration

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By Anton Lutter. The 17th of August commemorates the proclamation of Indonesia’s independency, and in 1945 signaled the beginning of the fight for freedom against the Dutch. Now 73 years later friendship between the two countries is stronger than ever. Symbolized by the opening words of the speech of ambassador I Gusti Agung Wesaka Puja, “Dear Veterans …” referring to the veterans who once where the adversaries of the Indonesian freedom fighters. Continuing a tradition started by the late ambassador Junus Effendie Habibie, inviting veterans to the Independence Day flag hosting ceremony at Wassenaar. Clearly a sign of Indonesia’s policy of looking forward in relation towards the Dutch, which is greatly appreciated by the attending veterans enjoying the ceremony on this sunny day. In his speech Ambassador Puja expressed his thanks to all Indonesians, Indonesian Diaspora, and the people of The Netherlands for their sympathies and attentions to the victims and their families of the recent earthquake which took place on the beautiful island of Lombok (eastern part of Indonesia). Concerning the relations between The Netherlands and Indonesia, the ambassador mentioned the following: In the economic field, the Netherlands is one of our most important partners in Europe. in 2017, for the first time in the last 5 years, the trade value between our two countries reached USD 5.06 billion, or a growth of 27% compared to 2016. With a continuing growth in January-May 2018, the bilateral trade value increased with 7% compared to the same period in 2017. In the field of investment, The Netherlands, for several years in a row is still the largest benefactor of foreign investment from Europe to Indonesia. Also a positive trend is a growth in the tourism sector, seeing Dutch tourist arrivals to Indonesia in 2017 grown with 5.3% compared with 2016, reaching 205.000 persons.
The Ambassador of Indonesia, HIs Excellency I Gusti Agung Wesaka Puja.
Furthermore, the Indonesian government has accelerated its national development, be it in the form of physical infrastructure development (sea tolls, airports, railways, toll roads) or social infrastructures. The government has been working to create a just and economic equitability for the whole Indonesian people, accelerating the development of Indonesian human resource as the man priority of the national development. With a population of 260 million, the fourth largest in the world, and third largest democracy Indonesia’s capacity and reputation is respected by the world. This was recognized by the fact that on 8 June 2018, Indonesia was elected as a non-permanent member of the United Nations Security Council for 2019-2020. Also the European Commission has lifted the ban on all Indonesian airlines. Ambassador Puja said: “Indonesia has contributed its views on the importance of promoting Indo-Pacific relations. Indonesia’s concept is to prioritize ASEAN centrality, cooperation, habit of dialog, and respect to the international laws.” Next to flag hoisting and exclamation of the independence speech from president Sukarno of 17 august 1945, the celebration was a showcase of cultural expressions from the different parts of Indonesia. Ambassador I Gusti Agung Wesaka Puja highlighted this day by performing the so called Tumpeng Ceremony, celebrating the 73rd year of Independence of the Republic Indonesia.