Dutch Employment Law

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Dutch Employment Law

6 clauses that should be included in an employment contract

Diplomat Magazine recently conducted an interesting interview with our longstanding partner, Jan Dop, from Russell Advocaten, a firm that has been accompanying us for over 10 years in all legal matters. Our focus was on Dutch Employment law, a significant concern for many diplomatic missions. Let’s listen to the expert legal counsel.

The employment contracts of locally hired staff and private servants employed with diplomatic missions including Ambassadors are mostly governed by Dutch employment law. Employers can in principle determine, in consultation with their employees, what is included in the employment contract. However, Dutch law imposes a number of requirements on certain clauses. Which clauses are useful in an employment contract, what do they imply and what should you be aware of? This article discusses various clauses that we recommend to include in an employment contract, such as:

1.   Probationary period clause

Upon entering into an employment contract, employer and employee can agree upon a period within which both parties can terminate the contract with immediate effect at any time: the probationary period. However, it is not allowed to include a probationary period clause in a fixed-term employment contract for a period shorter or equal to six months. If an employment contract is entered into for a period exceeding six months, it may be agreed upon a maximum probationary period of one month. A maximum probationary period of two months may be included in employments contracts for a period of 2 years or longer and for an indefinite period. A probationary period does only apply if it (1) has been agreed upon in writing and (2) is the same for both parties. Please note that a probationary period may only be included once and cannot be extended for example because of illness of the employee.

2.   Ancillary activities clause

An ancillary activities clause usually means that employees are not allowed to perform other work than for their employer, unless they have received approval to do so. The prohibition of other paid or unpaid activities is limited to the duration of the employment contract. An ancillary activities clause may prevent that employees perform other undesirable activities or that they will get overburdened by having several jobs. A prohibition to perform ancillary activities is only valid if it can be justified on the basis of objective grounds.

3.   Unilateral amendments clause

If an employment contract contains a unilateral amendments clause in writing, it may be a little easier for the employer to unilaterally change the employment conditions of the employee. Employees are protected by employment law, so, in principle, the terms and conditions of employment can only be changed with the consent of the employee. However, if a unilateral amendments clause has been agreed upon and the employer has a substantial interest, the employee’s interest in maintaining his terms and conditions of employment may sometimes have to give way.

4.   Incorporation clause

The incorporation clause is a clause in the employment contract in which a personnel handbook or code of conduct containing employment conditions and internal regulations of the Diplomatic Mission will be declared applicable. The employee and employer are therefore bound to these additional rules and regulations in case of such a clause.

5.   Confidentiality clause

When performing their work, employees will get familiar with confidential information of the employer or relations. To achieve that employees will treat this kind of information carefully, a confidentiality clause can be included in the employment contract. A confidentiality clause determines that the employee will observe secrecy towards confidential information, both during and after the employment.

6.   Penalty clause

The employment contract may include that the employee owes a penalty if he violates the agreed-upon conditions. It may be determined that an employee who breaches for example the confidentiality obligation has to pay a certain amount for each violation. The amount of the penalty can be reduced by the judge.

More information

Of course more clauses are possible, like a non-compete clause, social media clause or specific rules applicable to illness of the employee. Apart from these optional clauses, Dutch law prescribes which basic information the employer has to give the employee about the employment contract and in which way this must be done.

This mandatory information includes the description of the job, whether the contract is for a definite or indefinite period, the duration of the contract if it is for a definite period, the right to holidays, the amount of salary, the notice period, the working hours per week, whether overtime is paid and whether the employee is socially insured.

Would you like to get more information on employment contracts and what you can and must include? Do you need assistance in drawing up and assessing an employment contract? Would you like to know whether a situation is in violation of the agreed conditions of employment?

Jan Dop.

Please contact: Jan Dop, LL.M. (jan.dop@russell.nl) or embassydesk@russell.nl or visit our websites www.russell.law and www.embassydesk.nl. We are dedicated to helping you!

Reflecting on the Success of the Curacao Experience

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Reflecting on the Success of the Curacao Experience

In an exclusive interview with Diplomat Magazine, Minister Carlson Manuel of Curacao offered insights into the triumph of the Curacao Experience, “an extraordinary diplomatic journey that aimed at fostering stronger diplomatic ties and exploring avenues for collaboration and prosperity.”

Inspired by a vision to bring the world to Curacao and transform ambassadors into advocates for the island, Minister Manuel outlined the primary objectives of the Curacao Experience. Central to its mission was the goal of strengthening ties between countries, fostering a sense of unity, and nurturing enduring connections that transcend geographical boundaries.

Reflecting on the journey, Minister Manuel highlighted key moments and interactions that defined the Curacao Experience. “Participants were immersed in Curacao’s vibrant culture, engaged in interactive sessions, and formed a tight-knit community akin to family during their time on the island, sharing experiences and forging deep connections.” 

The selection process for ambassadors proved to be a meticulous endeavor,. “Selecting ambassadors was challenging, prioritizing countries with the greatest potential for collaboration and those geographically close to Curacao.” While the inaugural trip accommodated 25 ambassadors, Minister Manuel expressed:  “it was difficult because I wanted to invite them all. Next Curacao Experience, I will aim to accommodate more participants to expand the reach and impact of the initiative.”

Among the sectors identified for collaboration, green energy, agriculture, trade, and tourism emerged as areas of mutual interest for participating countries. The carefully curated agenda seamlessly blended informative sessions with practical work visits, providing ambassadors with an immersive experience that deepened their understanding of Curacao’s strengths and potential for partnership.

Looking ahead, Minister Manuel envisions tangible outcomes arising from the relationships forged during the Curacao Experience. Increased trade, investment, and cultural exchange are anticipated to drive mutual prosperity and growth, laying the foundation for enduring collaboration between Curacao and its partners.

To sustain the momentum generated by the trip, Minister Manuel said “regular communication with ambassadors and follow-ups on initiatives from the trip are planned aiming to solidify partnerships and expand cooperation in the months and years to come.”

Reflecting on lessons learned, Minister Manuel emphasized the importance of transparent communication, stakeholder engagement, and the transformative power of experiential learning in fostering cooperation. In conclusion, the success of the Curacao Experience underscores the transformative potential of diplomacy in forging meaningful connections and paving the way for a brighter future of collaboration and growth.

Beyond Borders: Ambassador Rogers on Ireland’s Dynamic Partnership with the Netherlands

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Beyond Borders: Ambassador Rogers on Ireland’s Dynamic Partnership with the Netherlands

Diplomat Magazine had the privilege of interviewing H.E. Mr. Brendan Rogers, Ambassador of Ireland to the Netherlands. In this insightful discussion, Ambassador Rogers shed light on various aspects of Ireland’s diplomatic engagement with the Netherlands.

Reflecting on the longstanding diplomatic ties between Ireland and the Netherlands, Ambassador Rogers emphasized the rich history of collaboration and friendship between the two nations. “One of my first tasks as a young Irish diplomat was to accompany the President of Ireland on a State Visit to the Netherlands in 1986! King Willem Alexander paid a State Visit to Ireland in 2019. Diplomatic relations were established in 1945 and the first Ambassador was appointed in January 1950.” Ambassador explained.

“Ireland and the Netherlands are partners within the EU and within larger multilateral contexts such as the United Nations and other international fora. The Netherlands has been a strong supporter of the Irish Peace Process.  Ireland and the Netherlands have worked closely on development cooperation, especially in Africa.

There are about 13,000 Irish citizens living, working and studying in the Netherlands, contributing to Dutch life. However, nothing must be taken for granted and both the Dutch and Irish Governments work hard to maintain and sustain a strong relationship.”

In his role as Ambassador, Ambassador Rogers outlined key diplomatic priorities aimed at deepening mutual understanding and cooperation between Ireland and the Netherlands.

“In the modern world, with instant communications and information at one’s fingertips, it has been posited that perhaps classic diplomacy might be outdated. After all, comprehensive information on all aspects of Dutch life is available online!

Diplomacy is a human enterprise, rooted in interactions between people.  These personal and professional relationship networks are the building blocks which facilitate mutual understanding between States. Building trust, understanding, and respect for differences, mutual cooperation and collaboration cannot be achieved online!

For Ireland in the Netherlands a key priority for me has been to ensure that the optimal relations between Ireland and the Netherlands, which has existed for decades is maintained.”

Economic engagement between Ireland and the Netherlands emerged as a central theme, with Ambassador Rogers emphasizing the substantial trade volume.

“Trade between Ireland and the Netherlands is over €40 billion in goods and services. This is a huge amount of economic engagement between both countries and each country is one of the largest markets for the other. Ireland exports over one billion Euro in food and drinks alone to the Netherlands. The Netherlands is our third largest market of for Irish owned enterprise. Economic engagement is therefore intensive and growing. Tourism is also a growth sector and over a quarter of a million Dutch tourist visit Ireland each year.

The sector ripe for growth, in my opinion, is the that of renewable energy and particularly Green Hydrogen. The Netherlands is advancing rapidly in this area. Ireland has an abundance of wind energy potential, particularly off our west coast. While we have made progress on this during my tenure, the challenge now is to facilitate the necessary connections and opportunities to build on cooperation in this sector.

At the practical level this has meant a number of actions and priorities:

  • Building and expanding upon the strong trading relations between both countries. We have been working on new areas of growth such as sustainable energy and a number of Memorandums of Understanding have been signed between key ports of Rotterdam and Amsterdam and a number of ports in Ireland.
  • Travelling throughout the Netherlands meeting local leaders and the Irish community and getting a real sense of the heartbeat of the country.
  • Facilitating reciprocal visits between both countries at every level. In my time here PM Rutte has been to Ireland and a number of Ministers have travelled in both directions.
  • Promoting Irish cultural awareness in the Netherlands and in the last few years we have organised and promoted literary, music, fashion and dance events. Two of our Irish national holidays celebrating St. Patrick and St. Brigid have provided superb platforms on which to showcase the best of Ireland.
  • Understanding and engaging with the Netherlands on a range of issues relating to the EU and more general international affairs of imports to both countries.”

Beyond diplomatic endeavors, Ambassador Rogers highlighted Ireland’s soft power influence.

“I think Irish people have a certain gift for forming friendships. When I am speaking to our Irish communities here, I always remind them that while I may have the title of Ambassador, they are the real Ambassadors for Ireland. The perception of Ireland that exists in the Netherlands is the result of the sum of all the individual and collective actions of the Embassy, our State Agencies, our private sector, our cultural ambassadors (writers, musicians, dancers, artists, poets, sports persons,) and together they form the basis of the bilateral relationship between Ireland and the Netherlands. I’m very proud to be part of that.”

Strengthening Bilateral Relations: A Closer Look at Germany and the Netherlands

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Strengthening Bilateral Relations: A Closer Look at Germany and the Netherlands

In an exclusive conversation with H.E. Mr Cyrill Jean Nunn, Ambassador of Germany, we delve into the current state of bilateral relations, key areas of cooperation, commercial dynamics, and the future of collaboration between these two European nations.

Ambassador Nunn characterizes the current state of relations as exceptional, highlighting the dense cooperation across various sectors including economy, security, science, and culture. He notes, “Our relations have reached a level of density that is exceptional. That is true for all fields of cooperation.”

Among the myriad areas of collaboration, the integration of armed forces stands out, facilitating joint training and acquisition. Ambassador Nunn remarks, “Our armed forces are integrated, which delivers various benefits such as joint training, joint acquisition of materiel.” Recent initiatives, like government consultations and joint projects launched in 2023, further solidify this robust partnership. “In 2023, we launched a number of initiatives for a stronger Europe, an innovative economy and infrastructure and even more collaboration in security and defence,” Mr. Nunn adds.

Trade dynamics remain strong, particularly in sectors such as technology, mechanical engineering, and energy. Both countries are at the forefront of digitization, preparing their economies for the future. Ambassador Nunn emphasizes, “Both Germany and the Netherlands are home to extremely innovative companies.” Initiatives like the Innovation Pact aim to foster innovation and address regulatory differences, ensuring sustained growth and competitiveness. “In 2021, Germany and the Netherlands have signed the Innovation Pact,” Ambassador Nunn explains, “This pact is intended to foster innovation in important forward-looking areas.” “We share a border of 567 kilometres.  Our economies have always been extremely intertwined. Germany is the biggest trading partner for the Netherlands. Less known is the fact that the Netherlands are also Germany’s biggest trading partner in Europe and the third biggest in the world after China and the USA. The bilateral trade volume is at 215 billion Euros.”

Cooperation on Global Issues

Germany and the Netherlands collaborate closely on regional and global challenges, including climate change, security, and migration. Initiatives like the climate club with currently 38 members demonstrate their shared commitment to environmental sustainability, while cross-border projects like the protection of the Wadden Sea underscore their dedication to preserving natural resources. Ambassador Nunn highlights, “The Netherlands is one of Germany’s closest EU and multilateral partners in NATO and the UN.”.

“Germany ranks first in terms of destinations of trips abroad of the Dutch. In 2023 we had more than 11 mio. overnight stays of Dutch people in Germany. Vice versa we have a lot of Germans enjoying the beaches and lovely cities of the Netherlands. This contributes to exchange on a civil society level and underlines the interest in each other.”

Looking ahead, Ambassador Nunn envisions deeper cooperation in addressing shared challenges on the European stage. “The latest developments – think about the pandemic, the Russian war of aggression in Ukraine – have brought us closer together,” he notes. As Europe moves towards greater unity and geopolitical significance, Germany and the Netherlands will play important roles in shaping its future through reforms, enlargement, and enhanced cooperation.

Ambassador Nunn emphasizes Germany’s goals towards a clean, sustainable future and climate protection, focusing on expanding cooperation in offshore wind energy and green hydrogen economy. While challenges may arise, addressing them requires continued dialogue and concerted efforts towards common objectives. “Germany and the Netherlands are strong partners in the ambition towards a clean, sustainable future and climate protection. For this goal we are expanding our cooperation on offshore wind energy and the development of a green hydrogen economy with the necessary cross-border infrastructure. With our leading European ports as hubs for the import and distribution of hydrogen, as well as our strong and innovative industrial companies, we want to play an important part of the energy transition on our continent in the years to come.” Mr Nunn asserts.

Emerging issues, such as the importance of language proficiency, highlight the need for greater cultural understanding and communication. Initiatives promoting language learning, especially among youth, are crucial for fostering stronger bilateral relations and a more cohesive Europe. “It remains of the utmost importance that we speak and understand each other’s language. It is not enough, as direct neighbours, to communicate through English. Communicating in each other‘s mother tongue establishes a much stronger connection. We need to put effort into motivating youth to learn at least two foreign languages for the sake of our bilateral relations and the future of our common Europe. There is a constant interest in Dutch in the German Bundesländer Nordrhein-Westfalen and Niedersachsen. In the Euregios, cross-border structures in which, above all, local and regional authorities have joined together, we can see a lot of good projects. At the same time, we need long-lasting structural approaches and must not get tired to explain the benefits of foreign language learning again and again.”

Germany and the Netherlands share a relationship that goes beyond mere diplomatic ties; it’s a bond deeply rooted in history, geography, and mutual interests.

As both nations navigate the complexities of the modern world, their partnership serves as a model for international collaboration, grounded in shared values and a commitment to a prosperous future.

Expat partner: Staying active and finding work… diplomatic life from the inside

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Expat partner: Staying active and finding work… diplomatic life from the inside

By Alexandra Paucescu

During my almost 20 diplomatic years so far, I have come across several books written by fellow diplomatic spouses and also wrote, at one point, my own story.

Some of these books are funny, others more serious, but they all depict small pieces of our lives, from an inside prospective, which might sometimes be surprisingly different from what people usually assume about us.

I must say though that none of the above mentioned readings presented in such a simple and direct way the equation of diplomatic /expat living.

‘Expat Partner- Staying active and finding work’ is a complete guide of emotions in the first place: what you feel and what needs you have when you embark on such a journey of life, what you need and must prioritize in order to be happy and find peace and soul fulfillment.

The two Belgian authors, Carine Bormans and Marie Geukens, have been diplomatic spouses for many years and have seen from the inside what it means and what it takes to make the most out of this diplomatic life.

‘The idea of the book came after a workshop I have organized at the Ministry of Foreign Affairs’, says Carine. ‘During that workshop, I had used the model I later explained in the book. The model helps people in their personal search during transition times like moving abroad. Marie attended the workshop and she was so enthusiastic. She said I should write a book about my experiences as an expat, and also as a Family officer at the Ministry of Foreign Affairs of Belgium. All the testimonies I heard made me realize I had to understand better what working meant to people. By better understanding all the aspects of life that are affected when one is working or not, you can make better choices and it becomes clearer what your priorities are. The words, the testimonies from the partners of expats and diplomats were the seeds of the book.’

‘The book offers a valuable method to sharpen one’s point of view on what work means. It helps in making life choices and broadens up the possibility to stay active and find work when abroad.’ (Marie)

 They decided to write the book together, putting their own talents and expertise to work.

‘I don’t know how Carine got all the ideas, information and the structure. She read so much about expatriation and talked to so many people. She wrote the first manuscript, which I then edited and later I also wrote my own story, so I became a co-author instead of a ghostwriter, along the writing process.’(Marie)

Marie continues: ‘this book is the result of many experiences: our own and those of the many spouses Carine listened to while doing her job at the Foreign Ministry. The model is based on an analysis of those experiences. Therefore it became a powerful tool. Although it warns for the downsides of being an expat partner, it also gives realistic solutions. Thanks to those experiences, it became a very hands-on self-help book.’

‘I have identified five aspects of life that are affected if you are working or not: salary; financial and social security; professional skills; social contact and structure and identity. If you stop working, you have to make choices on how you are going to deal with each of these aspects. By better understanding your priorities, it becomes clearer to you what you need to do next.’ (Carine)

‘Work can be a part of your identity. These five elements are not automatically fulfilled while abroad and if you are able to tear those elements apart and approach them as different pieces of a cake, you can decide which ones you want to develop by keeping on your plate; the others you put in the fridge. We give examples and questions for the readers to make up their own minds about which aspects are at a certain moment in life more important than others.’ (Marie)

In time, the book has become a very useful tool. ‘The ministries of Foreign Affairs from both Belgium and Luxembourg organize yearly seminars for spouses of new diplomats. Their feedback is very positive and the majority of them think it is absolutely necessary that also the diplomats themselves should follow our seminars. During our seminars, we always ask the public at the end what they take home with them. Answers can vary a lot, but generally there is always something positive and something impactful. 71 percent of the failed expatriations are due to an unintegrated partner. That is a strong reason why employers should take partners more seriously. I recently heard that another spouse got inspired by our book to make podcasts on this topic, and she reached out to us. Maybe we will work together on that.’ (Marie)

Carine adds: ‘I am nowback in Belgium after 35 years of expatriation and I want to continue sharing the model of this book with the young generation. It is for them that the book is especially useful, as young people don’t give up their professional career that easily anymore, when they move abroad.’

Indeed, it is imperative that you start this journey prepared and have a clear idea of ​​your options and career plan. It’s never easy, but it’s definitely a worthwhile life adventure!

Expat Partner- Staying active and finding work’ by Carine Bormans and Marie Geukens.

The book is currently available in English and Dutch and may be ordered online. There is also an e-book version. You may also reach out to Carine and Marie.

E-mail Carine: bormanscarine@gmail.com

E-Mail Marie: marie.geukens@gmail.com


About the author:

Alexandra Paucescu

Alexandra Paucescu- Author of “Just a Diplomatic Spouse” Romanian, management graduate with a Master in business, cultural diplomacy and international relations studies.

She speaks Romanian, English, French, German and Italian,  gives lectures on intercultural communication and is an active NGO volunteer.

“Branding” cities, “branding” nations…

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“Branding” cities, “branding” nations…

“A Thought and a Smile…”

After a few years of mission-critical assignments elsewhere, Eelco H. Dykstra resumes his acclaimed column “A Thought and a Smile…”.

P.S. His first column, “Branding Cities, Branding Nations,” is also a call to action. Members of the diplomatic community interested in further exploring the topic of ‘branding’ can contact Eelco, as he is planning a series of articles on this topic.

By Eelco H. Dykstra

The word “branding” in Dutch means “the surf”… the coming and going of waves and breakers at beaches and other shorelines. A lot of dynamics, sounds, smells, a lot of things happening at the same time.

The word “branding” in English has been described as “creating a distinct identity that sets one apart from others in the minds of target audiences as well as the general population”. A lot of dynamics, sounds, images, a lot of things happening at the same time.

  • Public entities engage in “branding”.
  • Private companies do it.
  • Cities do it.
  • Nations do it.
  • We all do it.

Decades ago, The Hague decided to brand itself as an “international city”. The ambitions were high: becoming the third “United Nations” city – after New York and Geneva. And so it branded itself as a city of peace, justice and safety [= stad van vrede, recht en veiligheid]. After a decision was made to drop the  ‘safety’ aspect, the branding of The Hague was and still is as “The International City of Peace and Justice’”  

It worked. With the Carnegie Foundation’s Peace Palace as starting point, The Hague attracted UN and EU agencies such as the International Criminal Court (ICC), the International Court of Justice (ICJ), a range of UN Tribunals, OPCW and Eurojust, to name but a few.  You all know what the impact this branding has been: diplomats in The Hague became busier and busier  – and more and more expats moved to The Hague. 

So you may ask: what about Embassies?

Well, they are deeply engaged in ‘branding’ too. First, diplomats need to think about what it is that sets their country apart from others. Then they think about their audience. Who are we addressing? Specific professional target audiences? Or the general population?

These kind of questions, along with the actual messaging, are key to successful branding. When it comes to the ‘messaging’ itself,  successful branding has been described as being in need of 5 C’s: Clarity, Consistency, Content, Connection, and Confidence.   

During my international years, I’ve seen many examples of ‘branding’ attempts by embassies. Some successful, others not so. Particularly in global hubs like Washington DC, it is part of the daily workload for embassy staff to figure out how best to connect with the eyes, ears, hearts and brains of local counterparts and media outlets.

And is there  competition between embassies in Washington DC? Oh yes, you bet there is – and thus getting the branding right is of paramount importance…

Along with the 5 C’s, the use of strong and attractive visuals is highly recommended. From logos and websites to interactive games and podcasts, they all  help. And don’t forget the tone, also hugely  important. Remember this saying? “C’est le ton qui fait la musique” (it is the tone that makes the music).

In closing, I will share an example of smart ‘branding’ I picked up when working in  Washington DC.  Staff at the Royal Netherlands Embassy used the following ‘mantra’ to introduce and describe the Netherlands to America and to Americans:

“The Netherlands: the same population as Florida, the same size as Maryland and the same GDP as New York”.

Wow.

Clarity. Consistency. Content. Connection. Confidence.

And their logo? An orange tulip…    

About the author:

Eelco H. Dykstra. Photography by Tom Manning

Once dubbed a ‘Global Nomad’ in East Africa, Eelco H. Dykstra is a seasoned international crisis and emergency expert. As a true ‘Prac-Ademic’, he blends – also in his column “A Thought and a Smile” – his innate optimism with knowledge from his practical experience and rigorous fact-finding. 

Aside from being founder/chair of the Daily Impact Emergency Management (DIEM) network and a visiting professor in South Africa, he initiated the ’20/20 Vision’ program for the dual purpose of strengthening value-based resilience and overcoming the obstacles that stand in the way of implementing lessons (to  be) learned. Eelco has been a correspondent, written multiple books and articles and continues to work extensively with media, government, business, NGO’s and community-based initiatives. In short, Eelco is a transdisciplinary and trans-cultural multi-tasker – just like diplomats are.

Among his hobbies are cooking and playing the cello – see picture, taken by Tom Manning, during an impromptu performance with the Soweto Youth Orchestra.

Eelco H. Dykstra Professor (visiting), Adaptation and Resilience, University of South-Africa, UNISA. Chair, ’20/20 Vision’ Program: How do we go from ‘Risk’ to ‘Resilience”? Founder, Daily Impact Emergency Management (DIEM) Network 
www.diem.nu  www.20outof20.vision

  https://www.linkedin.com/feed/update/urn:li:activity:7110954128721199104

Burkina Faso’s media regulator suspends BBC Africa and Voice of America

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Burkina Faso’s media regulator suspends BBC Africa and Voice of America

The Burkinabe authorities should immediately lift the suspension of BBC Africa and Voice of America, and reverse the directive seeking to control local outlets’ coverage, said the Committee to Protect Journalists on Friday.


CPJ (26.04.2024) – On Thursday, the Superior Council of Communication (CSC), Burkina Faso’s media regulator, suspended the British government-funded BBC Afrique and U.S. Congress-funded Voice of America from broadcasting for two weeks, according to a CSC statement and news reports. The CSC said the suspensions were “precautionary measures” in response to the outlets’ reporting on allegations of misconduct by the Burkinabe army, detailed in a report by the global Human Rights Watch (HRW) rights group.

The CSC also ordered internet service providers to block access to the BBC Africa and Voice of America’s websites, and asked Burkinabe media not to relay the content of the Human Rights Watch report under penalty of “sanctions provided for by the laws in force.”

“The Burkinabe authorities must immediately lift the suspension of BBC Africa and Voice of America and refrain from censoring local journalists and media outlets,” said Angela Quintal, head of CPJ’s Africa program, in New York. “The army’s conduct cannot be a taboo subject. Burkinabe citizens have the right to be informed on all matters of public interest in the military response to the security crisis in their country.”

According to the HRW report, the Burkinabe army had killed 223 civilians in the country’s north in retaliation for attacks by armed Islamist fighters. In its statement, the CSC said the Voice of America and BBC Africa broadcasts constituted “disinformation likely to discredit the Burkinabe army.” 

In an April 26 statement, Voice of America said that it “stands by its reporting” and “intends to continue to fully and fairly cover activities in the country.” A BBC spokesperson told CPJ that “the suspension reduces BBC’s ability to reach audiences with independent and accurate news” and it will continue to report on the region in the public interest and without fear or favor.

Burkina Faso is ruled by a military regime led by Ibrahim Traoré, who seized power during a September 2022 coup amid an insurgency by Islamist armed groups.

Previously, Burkinabe authorities suspended several international media outlets for reporting on military misconduct allegations and in November sought to conscript two journalists into the military.

Reached via a messaging application, Blahima Traoré, CSC’s general secretary referred CPJ to the CSC’s decision and did not elaborate further.

Published by https://hrwf.eu

Armenian Foreign Minister’s Commitment to ICC and Regional Cooperation

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Armenian Foreign Minister’s Commitment to ICC and Regional Cooperation

By Dr. Lorenca Bejko

The Minister of Foreign Affairs of Armenia plays a crucial role in the country’s relationship with international organizations, including the International Criminal Court (ICC). As a member of the ICC, Armenia is committed to upholding the principles of the Rome Statute, which aims to prevent the most serious crimes that concern the international community, strengthen the rule of law in the international community, and achieve more universality of the ICC

The official ceremony dedicated to the membership of Armenia in the International Criminal Court (ICC) took place on February 8, 2024, at the ICC headquarters in The Hague. The ceremony marked Armenia’s accession as the 124th signatory of the Rome Statute, the ICC’s founding document. The event included the raising of the Armenian flag, congratulatory remarks by the President of the ICC, Mr. Piotr Hofmański and the President of the Assembly of States Parties to the ICC, Ms. Päivi Kaukoranta, and a statement by the Minister of Foreign Affairs of Armenia, Mr. Ararat Mirzoyan.

In this context, the Minister of Foreign Affairs of Armenia, Ararat Mirzoyan, emphasized the importance of preventing the most serious crimes, strengthening the rule of law in the international community, and achieving more universality of the ICC during the official welcoming ceremony dedicated to Armenia’s membership in the ICC

During the ceremony, Mirzoyan emphasized Armenia’s priorities and expectations regarding its membership in the ICC, which are in line with universal principles of democracy, the rule of law, and the fight against impunity. He also highlighted the importance of preventing the most serious crimes, strengthening the rule of law in the international community, and achieving more universality of the ICC.

Mirzoyan also highlighted the importance of the ICC’s role in crime prevention and ensuring fair and impartial justice processes for peaceful resolution of conflicts, especially in the context of the South Caucasus region, where Armenia has faced continued aggressions, heinous atrocity crimes perpetrated against Armenians, and ethnic cleansing.

The Minister of Foreign Affairs of Armenia also discussed the measures undertaken and further steps necessary towards the implementation of the Rome Statute, emphasizing the close cooperation with the Assembly of States Parties to the ICC.

This cooperation is crucial for ensuring that the ICC can fulfill its mandate to investigate and prosecute individuals responsible for genocide, war crimes, crimes against humanity, and the crime of aggression.

In a separate meeting with Päivi Kaukoranta, the President of the Assembly of States Parties to the Rome Statute of the International Criminal Court, Mirzoyan discussed the measures undertaken and further steps necessary towards the implementation of the Rome Statute. Kirakosyan, the Representative of Armenia on international legal issues, presented the details of the steps initiated in the direction of harmonizing the legislation of the Republic of Armenia with the Rome Statute.

The ceremony was attended by the ICC Prosecutor General, representatives of the diplomatic corps accredited in The Hague, from about 60 diplomatic representations, the President of the Association of Journalists, as well as other guests.

The membership of Armenia in the ICC is a significant step towards the establishment of an international judicial system that ensures punishment for persons who have committed genocide and other serious crimes. Armenia has been an initiator and pioneer in the processes of prevention and condemnation of the crime of genocide, both within the framework of the United Nations and other international organizations and forums.

The ICC’s role in crime prevention and ensuring fair and impartial justice processes for peaceful resolution of conflicts is significant. In the context of the South Caucasus region, where Armenia has faced continued aggressions, heinous atrocity crimes perpetrated against Armenians, and ethnic cleansing, the ICC has real potential to prevent any further escalation and atrocities, becoming a milestone towards stability and sustainable peace in the region.

Armenia’s commitment to the ICC and the shared vision of a world where justice prevails and the dignity of every individual is protected will be an active member of the Court and will significantly contribute to the works of the Assembly of the States Parties. Together, the international community moves forward in solidarity, bound by the ideals of the Rome Statute, as they strive for a future defined by fairness and the rule of law.

Enhancing Trade and Cooperation: Meeting Between Armenian and Dutch Foreign Ministers

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Enhancing Trade and Cooperation: Meeting Between Armenian and Dutch Foreign Ministers

By Dr. Lorenca Bejko

The Foreign Minister of Armenia, Mr. Ararat Mirzoyan, visited the Netherlands for a working visit in February 2024. During his visit, he had several significant meetings that focused on strengthening Armenia’s bilateral relations with the Netherlands, expanding the Armenian-Dutch bilateral agenda and political dialogue, and discussing the perspectives of cooperation in various directions, including for further strengthening Armenia’s resilience.

Mirzoyan met with H.E. Mr. Marcin Czepelak, the Secretary-General of the Permanent Court of Arbitration, to discuss the functioning of the Permanent Court of Arbitration and the possibilities of interaction between Armenia and international judicial bodies, including the PCA. They also exchanged views on the general security situation in the South Caucasus and the existing challenges.

Mirzoyan also met with Mr. Raymond de Roon, the Chairman of the Standing Committee on Foreign Affairs of the House of Representatives (Parliament) of the Netherlands, and members of the committee representing the majority of parliamentary parties. During the meeting, Mirzoyan noted that Armenia is on the path of democratic reforms and presented to the parliamentarians Armenia’s vision on establishing stability and peace in the region and the efforts undertaken in that direction.

He emphasized the key principles of the Armenia-Azerbaijan normalization process, including the importance of unequivocal respect for territorial integrity and inviolability of borders.

The Foreign Affairs Minister of Armenia with Ms. Hanke Bruins Slot, Minister of Foreign Affairs of the Kingdom of the Netherlands during a team meeting.

Mirzoyan had a meeting with Ms. Hanke Bruins Slot, the Minister of Foreign Affairs of the Kingdom of the Netherlands, where they discussed issues on the agenda of the Armenia-EU partnership and emphasized the importance of the continuous development of cooperation in various directions, including for further strengthening Armenia’s resilience.

During a round-table discussion at the Clingendael Institute of International Relations, H.E. Viktor Biyagov, Ambassador of Armenia to the Netherlands, Armenian Minister of Foreign Affairs, Mr. Ararat Mirzoyan, from Clingendael, Mr. Tony van der Togt and Niels Drost.

Mirzoyan also participated in a round-table discussion at the Clingendael Institute of International Relations, where he presented the current security situation in the South Caucasus and the peculiarities of the normalization process of the Armenia-Azerbaijan relations. He emphasized the need for unequivocal recognition of territorial integrity and ensuring maximum clarity for further delimitation process based on the Alma-Ata Declaration and the most recent maps of the USSR General Staff.

The President of the Assembly of States Parties to the ICC Ms. Päivi Kaukoranta, the Minister of Foreign Affairs of Armenia Mr. Ararat Mirzoyan. and the President of the ICC Mr. Piotr Hofmański.

Finally, Mirzoyan had a meeting with the President of the International Criminal Court Piotr Hofmański, where they exchanged views on issues related to the implementation of the Rome Statute, the court’s founding document. Mirzoyan emphasized that Armenia, as a country that has been facing the severe consequences of impunity in the region, is well aware of the imperative to combine efforts in order to fight against continuous impunity and prevent crimes against humanity.

Overall, Mirzoyan’s visit to the Netherlands was significant in strengthening Armenia’s bilateral relations with the Netherlands, expanding the Armenian-Dutch bilateral agenda and political dialogue, and discussing the perspectives of cooperation in various directions, including for further strengthening Armenia’s resilience.

Dismantling Pakistani-led migrant smuggling network in Romania, Italy and Austria

Diplomat Magazine
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Dismantling Pakistani-led migrant smuggling network in Romania, Italy and Austria

Authorities in Romania, Italy and Austria have dismantled a criminal network that abused work visas to smuggle over 500 Pakistani, Bengali and Egyptian migrants to various EU Member States. In total, 12 suspects have been formally identified and will be charged during an action day with the active support by Eurojust and Europol. Eurojust also assisted in setting up and financing a joint investigation team (JIT) into the case.

The migrant smuggling network advertised its services online, but members of the organised crime group (OCG) based in Pakistan also recruited migrants locally. The criminal network started its activities in January 2021 and operated until recently. In the EU, the OCG operated from Romania, Italy and Austria and is estimated to have earned at least EUR 1 million with their illegal activities.

The smugglers obtained Romanian work visas for the migrants through a series of linked companies set up for this purpose, and placed them in Bucharest and Brasov. From there they were transported to the border area near Timisoara, from where they were further trafficked to Italy, Austria and Germany. These onward journeys were either by guided passage on foot across the border or in lorries.

Investigations were launched in Romania in August of last year and identified 15 suspects and 5 enterprises set up for the smuggling activities. During the action day, a total of 29 places have been searched and an estimated value of EUR 146,000 in cash was seized.

Eurojust not only assisted in setting up the JIT between Romania, Italy and Europol, but also provided additional cross-border judicial support during the action. Europol provided elaborate analytical support and operational cooperation and facilitated the exchange of information.

The operation on the ground was carried out at the request of and by the following authorities:

Romania: Directorate for Investigation of Organised Crime and Terrorism (DIICOT) – Brasov Territorial Structure; Brasov Bureau for Combatting Organised Crime

Austria: Public Prosecution Office Salzburg; State Criminal Police Office Salzburg

Italy: Public Prosecution Office of Udine; Carabinieri, Special Operational Group of Udine Anti-Crime Unit

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