Free movement of professionals in the European Union

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By Alfred Kellermann. The abolition, between EU Member States, of obstacles to the free movement of persons and services is one of the objectives of the European Union (Article 2 TEU). For nationals of the Member States, this includes, in particular the right to pursue a profession in a self-employed or employed capacity, in a Member State other than the one in which they have obtained their professional qualifications. In November 2013 Directive 2013/55/EU was published amending Directive 2005/36/EC on the recognition of professional qualifications for all nationals of a Member State, including those belonging to liberal professions, wishing to pursue a regulated profession in a Member State other than that in which they obtained their profesional qualifications. These Directives are considered to be one of the twelve levers for growth set out in the Single Market and aims at further facilitating professional mobility across the European Union and its Member States. The rights of citizens in the European Union to practise economic activities in another EU Member State is a fundamental right enshrined in the EU Treaty. However, within the limits of the Internal Market rules, each Member State is free to make access to a particular profession legally conditional upon the possession of a specific professional qualification issued on its national territory. This is an obstacle to the free movement of professionals in the European Union in so far as those qualified to practice the same profession in another Member State hold a different professional qualification, i.e. the qualification acquired in their own Member State. Therefore mutual recognition of professional qualifications between the Member States is necessary. Consequently, the European institutions have established rules in Directive 2005/36/EC of 7 September 2005, to facilitate the mutual recognition of professional qualifications between the Member States. The directive provides a modern EU system of recognition of professional experience and promotes automatic recognition of professional experience across the EU. The European Commission has developed a User Guide to find an answer on everything you need to know about the recognition of professional qualifications In order to realize the free movement of professionals within the Common Market, the national laws of all the Member States and candidate countries on recognition of professional qualifications have to be updated and adapted. In an EU Project, I was for example involved in Macedonia in 2016, to advise on the adaptation of the respective national laws. For this reason a review and alignment of the legislative Macedonian Framework was required. The question was raised if these EU issues and requirements should be regulated in a new Macedonian horizontal law on professional qualifications or in sectoral laws like the Law on Higher Education, the Law on Health care, the Law on Veterinary Health, or in by-laws. While Directive 2005/36/EC may facilitate recognition, in practise there is no single solution for the recognition of professional qualifications within the European Union. The Directive was supplemented by a code of conduct approved by the Group of coordinators , composed of representatives from the Member States. You can find this code on webpages, providing practical information on EU legislation governing the recognition of professional experience in the EU. The aim of this code of conduct or guide is to use a simple question and answer format to explain your rights when you want to have your professional qualification recognised in another Member State. Firstly you should check if the rules of Directive 2005/36/EC apply in your case. In this Guide 66 questions and answers are drafted and given as examples. Answers are different in case you practise your profession temporarily or in case it is permanently. It is important to note that the rules of the Directive differ depending on the profession in question. There are three main categories of professions subject to different rules: – the professions for which minimum training requirements were harmonised at European level: a) doctor, nurse,dental practitioner, veterinary surgeon,midwife,pharmacist and architect.These professions are referred tro as “sectoral professions”. b) the professions in the field of trade,industry or business. c) all other professions which are referred to in the guide as general system professions. The answer to the last question of the Guide helps in practice the professional who is involved in the free movement of professionals: reference is made to the National Contact Points (PSCs) which are online e-government portals that allow you to find out about the rules, regulations and formalities that apply to recognition of professional qualifications. The PSCs are there to help you to deal with a wide range of practical issues for example answers on questions like how can I get my professional qualifications recognized. Or how can I benefit from the advantages conferred by Directive 2005/36/EC if I want to practise a professional activity temporarily or permanently in another Member State. Thanks to the Points of Single Contact you do not have to go to the individual offices of different authorities in different countries, one by one. In each EU country applications can now be dealt with online through one single access point , the PSC. All national PSCs are part of the European EUGO network. Eight years later, the Council of the European Union adopted the modernised Directive 2013/55/EU. Modernising the legislation of professional qualifications was considered as key to improving mobility of EU professionals in respect of mutual trust. Not only are labour markets expected to work more efficiently in the absence of diversities in the national qualification systems, but customers,clients and patients will equally benefit from the internationalisation of free movement of professionals. While extending its scope to trainees and apprentices the Directive continues to offer three different routes on recognition : 1. Automatic recognition for a limited number of professions (doctors, dentists, nurses, midwives,pharmacists,veterinary surgeons and architects); it introduces changes in the definition of the minimum training requirements and new ways to establish common training frameworks 2. A key feature is the introduction by 2016 of an European Professional Card (EPC),taking the form of an electronic certificate. This wil be delivered in the home Member State and transmitted via the Internal Market System (IMI) to the host Member State,to present the documents for the recognition proces both for permanent and temporal mobility. As regards professions with health implications and professionals dealing with children the directive launches an Alert Mechanism which foresees that the competent authorities of a Member State shall inform the competent authorities of another Member State about those professionals who have been restricted or prohibited to practice even temporarily by national authorities or courts. Nevertheless the agenda for the free movement of professionals is far from complete. The Commission targeted modernisation of the existing provisions driven notably by the objectives of reducing the complexity of procedures, promoting mutual recognition through efficiency and patient safety and enhancing cooperation through IMI (Internal Market System) and Points of Single Contact (PSCs). It is a pity, however expected that by BREXIT the UK will miss the advantages of the EU systems on the free movement of professionals, because access to the Single Market requires acceptance of all four freedoms, as was concluded by the European leaders after their first European Council post-Brexit meeting on 27 June 2016. ———— About the author: Alfred Kellermann, 3 January 2017. Professor in European Law. Institution Building Expert. Support to Preparation of the National Strategy for Harmonization with the EU Acquis in the “Right of Establishment and Freedom to Provide Services” Chapter.

What is our story?

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By Barend ter Haar. Many people are looking with disbelief to what is happening in the Western world. The United States and the United Kingdom used to be the steadfast and reliable pillars of Western cooperation, but now these countries seem to have lost their way. Where exactly they are going is not clear, but it is clear that they want to go there on their own, impeded as little as possible by the restraining straps of international cooperation. Still, in retrospect, Dutch politicians could have seen this coming, because the aversion of a majority of their own fellow-citizens against ever closer international cooperation had already become clear at the referendum about the European Constitution on 1 June 2005. To the dismay of most political parties, a majority of 61.5 % voted against the Constitution. How is this possible? The world has never been as prosperous and peaceful as it is today, thanks in large part to ever closer European and international cooperation. So why are enormous numbers of Western citizens revolting against this cooperation? The short answer is that main stream political parties have too long failed to recognize that for many people the economic and financial benefits of globalisation do not outweigh the psychological and cultural costs. In the course of the last fifty years almost every Western citizen has become more prosperous. However, what counts is not only the absolute level of prosperity, but also the relative level. When everybody is walking, the owner of a bicycle feels rich, but when all his neighbours buy a car, he suddenly feels poor. Now what has happened is that while outside the West hundreds of millions joined the middle classes and in the West the rich elite became even richer, the position of Western middle classes deteriorated, if not in absolute terms, at least in relative terms. From an economic point of view, the migration of people from countries with a lack of economic activities to countries with a lack of manpower makes a lot of sense. However, the difficulties of integrating people with a very different cultural background have been gravely underestimated. The people that are confronted in their daily lives with the resulting problems are often the same people that are benefiting relatively little from globalisation. So what to do? We have to recognize that the neo-liberal ideal of economic growth and free trade has lost much of its appeal, both because the benefits were not spread evenly and because of the unintended negative consequences for social cohesion and environmental security. But what vision should take its place? Closing mental and physical borders and replacing cooperation by unilateral action might attract some voters, but will eventually only worsen our problems. The paradox of international cooperation is that the most effective way to promote the national interest is not to ignore the interests of others, but to take them into account and find common solutions. That is the story we have to tell.

A Common Populism: Trump, Le Pen and Putin: Do they Portent the Beginning of the End for the EU?

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By Dr. Emanuel L. Paparella.   “The Brussels wall will have come down just like the Berlin wall came down. The EU, this oppressive model, will have disappeared. But the Europe of free nations will have been born
 The EU should not last more than two minutes longer.” –Marine Le Pen. Marine Le Pen, leader of France’s far right National Front, seems poised to become the next President of France in 2018. Political pundits are predicting her victory following Donald Trump’s victory in the US. They aver that Trump’s populism has paved the way for a veritable political revolution in Europe which portends to reshape the existing world order. How so? Well, for one thing, Le Pen wants the EU to withdraw from NATO, alleging that it would end American dominance in Europe. She repeats Trump’s assertion that NATO is now obsolete, and has in fact declared publicly that Trump’s victory makes such a feat quite possible now. To her way of thinking, NATO is a “tool for making sure countries that are part of it comply with the will of the United States.” She finds this unbearable. What would she substitute it with? She has some interesting proposals in this regard. She has called for “cooperation agreements” with Russia with close cooperation between European capitals and Moscow. In other words, Washington gets substituted with Washington. She claims that there is “absolutely no reason we should turn systematically to the United States.” This may sound a bit incoherent. She sees Trump’s victory as an additional stone in the building of a new world order but at the same time wants the EU to take its distance from the US. How does Le Pen square this circle? Thus: “Obviously we have to compare this victory [Trump’s] with the rejection of the European constitution by the French people, of course, with the Brexit vote, but also with the emergence of movements devoted to the nation—patriotic movements in Europe. All these elections are essentially referendums against the unfettered globalization that has been imposed upon us, that has been imposed upon people, and today has been clearly shown to have its limits.” That is to say, she sees Trump’s victory as a “victory of the people against the elite.” This of course is populism at its best, or perhaps its worst. What is most intriguing about the above glaring statements is that they seem to reveal a mind-set quite similar to that displayed by Trump and Putin. All three seems to have quite a few affinities and seem to like each other. The major affinity seems to be this: they see the political struggles currently going on as struggles of civilizations against each other. Le Pen is on record as saying that next year’s presidential election in France would “establish some real choices of civilization.” She made such a statement in the context of a lashing out against the EU and its immigrant policies based on open borders. She added: “Do we want a multicultural society, following the model of the English-speaking world, where fundamentalist Islam is progressing
or do we want an independent nation, with people able to control their own destiny, or do we accept to be a region, managed by the technocrats of the European Union?” She has gone as far as comparing the European Union to the Soviet Union: “I don’t see why we should recreate, virtually, this wall between European countries and Russia, unless to obey the orders of the United States, which up until now, have found an interest in this.” She has moreover blamed the EU and the US for destabilizing Europe’s relations with Russia, and has claimed that there is not “a hair’s breath” between her party and the UKIP regarding immigration and the European Union. Keep well in mind that Russia is currently footing the bill for her campaign expenses. What can one conclude from the above analysis? It could prove useful in answering this crucial question: is this the beginning of the end of the world order established after World War II with its culmination the formation of the European Union and the NATO Alliance? Professor Anis H. Bajrektarevic rightfully asked: “
is this unionistic condominium the best of Europe, or Europe itself? Is this Reality or metanarrative of dogmatic universalism?” To put it another way: is this now the beginning of the breakdown of overall pan-European stability? Let’s attempt an answer beginning with some historical background in a rather personal mode. Back in the 50s, when I was a teen-ager, still living in Italy, when the EU institutions were still fragile, I remember writing an essay launched by the lyceum I was attending at the time, where I opined that I was rather skeptcal that the Western Alliance and the European Union would ever take off. In the 70s I was living and studying in the US (where my father was born) and lived through the Vietnam War and read the news about the Red Brigades, and began having doubts again about the survival of the West. I was then in college and was reading books like “The Decline of the West” by Oswald Spengler. That might have influenced me. But in all my adult life I am hard pressed to remember a dramatic moment such as the one we are now witnessing. All we need now is for good men to do nothing and the decline and possible destruction of the West is pretty much assured. I hope I am wrong, but, following Trump’s inauguration on January 20, 2017, with a President, so called, totally uninterested in “shared values” with our allies (“not worth American lives” as he puts it), seeming to prefer the company of dictators such as Putin with whom he can make deals, to that of democratic allies, deeming the geo-political world as a huge transactional stage to be exploited on which to negotiate deals, incapable of conceiving the greater good, it would appear that we are two or three bad elections away from the end of NATO, the end of the European Union, and possibly the end of the liberal world order. The almost inevitable consequence will be the return of nefarious ultra-nationalism and fascism in Europe and the loss of democracy in America. Putin and his Trojan horses all over Europe are waiting in the wing. Their strategy is simple: divide and conquer. To repeat the urgent question: are the lights going out; is it the end of the West as we presently know it? What I call “the Caligua Presidency” constituted by political entertainment and double talk, has begun, people unfortunately end up getting the government they deserve and the monsters they have created. The omens are bad, but let’s not forget Le Pen. She is now the front runner in next year’s French presidential elections and she also finds alliances burdensome. Some of her campaign commitments are that she will withdraw from both NATO and the EU, will nationalize French companies, will restrict foreign investors, will promote a special relationship with Russia, the same Russia whose banks are funding her election campaign. The question persists: is Le Pen at least partially right in considering what is going on a civilizational breakdown? More specifically: once France is out of the EU too (after Brexit), possibly followed by other copycats, can Europe’s economic single market survive in any shape or form? Will NATO and the Atlantic Alliance crumble? Trump of course will not be sorry for that, as his misguidedly appealing rhetoric to his misguided followers has made clear; indeed, the short term cost of alliances is easier to see and assess than the longer-term benefits. Let’s not forget that his span of attention is that of the time needed to write a tweet. There is little doubt that shared economic space, nuclear deterrence via the NATO alliance, and standing armies, while being costly short term, produced more than half a century of political stability and prosperity in Europe and North America. We all take those benefits for granted now, until they are gone for good. Those who have ears to hear, let them hear. ————- About the author: Dr. Emanuel Paparella has a Ph.D. in Italian Humanism with a dissertation on Giambattista Vico from Yale University (1990). He currently teaches philosophy at Barry University and Broward College in Florida, USA. One of his books is titled Hermeneutics in the Philosophy of G. Vico, Mellen Press, N.Y., 1993. He also authored two books on the EU and the Transatlantic relationship titled A New Europe in Search ot its Soul, AuthorHouse, Bloomington, Indiana, 2005, and Europa: an Idea and a Journey, Xlibris, Bloomington, Indiana, 2012. His e-book Aesthetic Theories of Great Western Philosophers was printed in Ovi magazine in June 2013.    

Brochure The Hague International City of Peace and Justice

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By Jhr. Alexander W. Beelaerts van Blokland. Since over a hundred years The Hague is the International City of Justice and Peace. Tens of thousands of people work here on a peaceful , just and safe world. They do that in big but also in small organizations. They meet each other, share their knowledge and develop new ideas. Lots of international disputes have been solved by the international courts and tribunals in The Hague. With the Peace Palace – built in 1913- as the well known icon, in which the world famous International Court of Justice and the Permanent Court of Arbitration of the United Nations are settled. Nowadays no less than twohundred international organizations –IGO’s as well as NGO’s- work in The Hague. The former Secretary General of the United Nations Boutros Boutros Gali said that The Hague is –today and in the future- the legal capital of the world and the most recent former Secretary General Ban Ki-moon said that The Hague is the world wide recognized seat of international jurisdiction. In February 2017 the City of The Hague will publish a new brochure that gives information about all international organizations on peace and justice in The Hague as well as back ground interviews.  A ‘must’ for the many people who want a general view of the many things that happen in this field in The Hague as well as some more information. The brochure will be in Dutch, English, French and German and can be found on the website www.denhaagvrederecht.nl (The Hague Peace Justice). One can order the brochure also by sending an e-mail to rocelle.vanderkemp@denhaag.nl. ————————–   About the author: Jhr. Alexander W. Beelaerts van Blokland LL.M. is Justice (Judge) in the Court of Appeal and Special Advisor International Affairs, appointed by the Mayor and Aldermen of The Hague a.beelaerts@planet.nl            

La-La-Land of Central Asia, Kazakhstan and its “Astana Code of Conduct”

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By Samantha Brletich. “As defining terrorism in any particular case implies a political component, this very category becomes quite extensive – a subject to different readings and understandings. Having permanent – primarily political – disputes over the category and scale of ‘conflict’, contemporary international community repeatedly failed over decades to agree upon a single and comprehensive but universal instrument determining, prescribing and combating terrorism. As a consequence of these – mostly political and less legal – implications, today we are confronted with some two dozen international (universal and regional) instruments. These instruments are good, but far from being a norm-setting standardized and harmonized. Thus, the tentative political definition of (international) terrorism could be as follows: Terrorism is the use of violence as political means of pressuring the government and/or society into accepting a radical socio-political or/and socio-economic change (ideological or/and territorial). The word terrorist is obviously self-incriminating (demonizing and alienating), and consequently most terrorists would not apply the label to themselves. Experts estimate that for every apprehended/detained terrorist another 9 remain at large (rating it to 10%). Therefore, many describe terrorism like a balloon: squeeze one end and it expands at the other.” – professor Anis H. Bajrektarevic analyzed in his seminal work ’JHA Diplomacy – The Palermo Treaty System 10 years After’ Hereby is the take on the national legislation with the huge regional impacts that comes from the ‘heart of gold’, biggest and most relevant Central Asian republic – one of the key pivots to continental Asia. * * * * In President Nursultan Nazarbayev’s first speech to the United Nations Security Council (UNSC), Kazakh Head of State set forth what is considered a landmark initiative called the “Astana Code of Conduct” focused on preventing and tackling terrorism and extremism while maintaining human rights standards. The Astana Code of Conduct reflects Kazakhstan’s four main UNSC priorities and trends in international security: energy security, food security, counter-terrorism measures, and nuclear safety. These four priorities reflect greater Central Asia interests “to ensure its stability and security, to effectively respond to regional challenges and threats, to strengthen cooperation and promote its growth and development.” President Nazarbayev’s political address “at the UNSC addresses seven key priorities, the fourth priority emphasizing the acute problem of international terrorism. The fourth priority introduced the Astana Code of Conduct was hailed by members of Kazakhstan’s Government as a landmark initiative, hoping that nations would “refrain from the actions which may lead to destruction of statehood” emphasizing Kazakhstan’s desire push to end or mitigate global conflict. It also reflects the ubiquitous diplomatic trends of engagement, cooperation, and partnerships, in Kazakhstan’s multi-lateral and regional policies and arrangements. The Astana Code of Conduct is nascent. The Code of Conduct will probably be based on Kazakhstan’s prior national-level programs and priorities, cooperative efforts, and current counter-terrorism efforts. The central tenet of the Astana Code of Conduct, ending extremism and terrorism, is already visible in Kazakhstan’s attempts to be the mediator in high-profile negotiations and talks aimed at sustaining peace such as Syria and Iran. Kazakhstan hopes that the Astana Code of Conduct will lead to the formation of the Global Anti-Terrorist Coalition (Network) to defeat terrorism and reduce the global terror threat. Kazakhstan will chair the Security Council 1267 Committee on ISIL and Al-Qaida. The Astana Code of Conduct will be a multi-lateral effort focusing on challenging the root causes of terrorism, confronting transnational groups, preventing power vacuums, and destabilization. In March 2016, Kazakhstan called for a new program, “Manifesto: The World. The 21st Century,” focusing on non-proliferation, global cooperation, and ending war. Kazakh officials met with the OSCE Astana Program Office to discuss anti-counter terrorism efforts in mid-October 2016. Kazakhstan would also benefit from European assistance and cooperation combating terrorism online. After 2011, Kazakhstan reformed its counter-terrorism strategy through community participation by creating web-based instruments to prevent terrorism: www.counter-terror.kz , and a mechanism created recently for citizens to report terrorist or extremist activity via the Prosecutor General’s Office website. Changes to the Counter-Terrorism Law improving counter-terrorism methods, increased regional security and cooperation through the Shanghai Cooperation Organization (SCO) and the Collection Security Treaty Organization aid Kazakhstan’s fight against domestic terrorism. Kazakhstan also shut down 950 websites (with court approval) and increased the use of information technology against terrorism, and in January 2013, the Kazakhstan National Security Committee announced the launch of a Security Academy to train specialists. Kazakhstan has long been the recipient of criticism about its human rights records, the misapplication of anti-terrorism measures to silence the opposition, and the absence of basic civil liberties including freedom of press, assembly, religion, and association. Changes to the Counter-Terrorism Law resulted in violations of religious freedoms among Muslims, arbitrary detention, and increased powers among the security services. Like its chairmanship of the Organization for Security and Cooperation in Europe (OSCE), the Kazakhstan’s position on the UNSC provides the country with access to materials, resources, and the opportunity to implement policies and improve its human rights record. This Central Asian colossus did not live up to its commitments as OSCE chair. Kazakhstan recently announced future basic constitutional reforms to redistribute power among the executive, legislative, and judicial branches. Kazakhstan must be willing to implement resolutions and programs developed during its UNSC chairmanship and not use the UNSC as a way to push an international agenda without a domestic commitment. —– About the author: Samantha Brletich is a researcher on the region of Central Asia and Russia. She focuses on extremism and terrorism, governance, culture, mining, and foreign policy. She holds a Master’s in Peace Operations Policy from George Mason University. She is an employee of the U.S. Government (opinions and ideas are her own).

Trump’s turn

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By Tomislav Jakić.   From Friday, January 20th 2017,  the United States of America have a new President – for many, not only in USA, still at least controversial and in the extreme version: totally unacceptable Donald John Trump. In a precise ceremony in front of the Congress Trump gave his oath and delivered his first speech as head of state. And for everybody who is not biased or has not become prisoner of prejudices, he announced a complete turn in regard to the US policy, as it was until now. This turn can be detected in a couple of key messages which are, admittingly, populist, but not without a deeper political contents. First of all, Trump confirmed that he is a convinced enemy of political elites, accusing them of prospering while ordinary Americans suffered. To the “forgotten men and women” of America he promised: “You are not forgotten any more and you will never be forgotten again”, adding that the day of his inauguration marks not the transfer of power from one political party to another, but from Washington DC to the people. Then, using – historically speaking – the slogan of American isolationists, he stressed that from this day in deliberating on any decision only one principle will be applied and that is: America first! (accepting that every state in the world has the right to put its interests above everything else). After that, more clearly than ever before, he repeated what he said for the first time accepting the nomination of the Republican party as presidential candidate. Last summer, namely, he announced that the US will stop imposing regimes. In his first presidential address he was even more precise: America will not impose her way of life to anybody. It is worth noting that the “American way of life” was until now sort of a sacred cow in the vocabulary of American politicians. Trump added that the US will be a shining example and the other will follow (if they want, of course). And finally he said something that European neofascists, who (wrongly!) think of him as “one of them” would never understand: “If you open your heart to patriotism, there is no place for prejudices.” Had he said nothing more, this speech should be remembered. Therefore it is absolutely wrong when the reporter of the German public TV (ARD) says this was not a presidential speech at all, but only a continuation of the election campaign. By the way it would be interesting to hear what would this so called liberals say had he after the inauguration changed his rhetoric and contents. They would lament about hypocrisy and not-consistency. But, as Trump remained consistent, they wrote him off as somebody who did not grasp at all that he is the President and is just continuing his campaign. But, objectively speaking, the messages we mentioned have – for everybody willing to hear them – mark not only the beginning of what Trump described as the necessity to turn form empty words to deeds. The core of his economic policy can be detected from the short slogan “buy American and hire American”. And only after being 30 minutes in office he put into question the multilateral trade agreements for American continent and Pacific region, confirming what he announced during the campaign, namely that he prefers a net of bilateral trade agreements instead of those multilateral. He did not mention any of the concrete problems he will confront as President, such as relations with Russia or health insurance system in the US. But, it was a programmatic speech, based on crucial messages and principles. He did, however, mention radical Islamism (not Islam, but radical Islamism), promising that he would eradicate it from the face of the Earth, for which he will without any doubt need cooperation from Russia. He repeated that he will create new jobs in America, he spoke again about the decline of former US industrial centres (“inspiring” the German television to say that this is simply not true, but forgetting how many times we had seen the empty fabric hales in Detroit and empty streets in the now declining and many years ago prosperous American cities). And he promised, once again, that he will change this situation, that he will build new highways, new bridges, new railroads. Some objected immediately that he did not say: how. It would have been almost a miracle had he done so in a situation when many of his planned members of the US government still lack the Congressional approval and when even some of them voice opinions quite different in regard to his own. Be it, as it is, Trump has his vision of the future and he outlined the corner-stones on which he intends to build his vision, despite his critics who were not hesitating to say that he does not understand today’s world. Some analysts heard in his words the echo of the inaugural speeches of the most famous American president of the 20th century, Franklin Delano Roosevelt and some said they had the impression that Bernie Sanders, the “apostle” of the democratic socialism in America is speaking through Trump’s mouth. We would dare to go even one step further. If we put aside Trump’s person and the fact that he is extremely rich, and if we forget his repeated mentioning of God at the end of his speech, we can come to one conclusion only: what was said by Donald Trump should be embraced by every liberal leftist in the world. Caring for ordinary, forgotten people, wealth for everyone, equality between all people (“we can be black, brown or yellow, but we all have the same red blood”), transformation of a system which benefited the politicians, while the middle class suffered, starting of new production, the transfer of power, it is worth repeating, not from one political party to another, but from the Washington elite to the people, all this can be seen, let us not deny this, as a populist, if not even a nationalist approach. But, at the same time it is closer to the left side of the political scene, than to the right one. These are the first impressions based on Trump’s inaugural speech. But, let us make one thing crystal clear. This is not a noncritical pledoayer for Donald Trump, who has many minuses – from the total lack of political experience, the unnecessary and potentially dangerous antagonizing of the People’s Republic of China to the very dubious hints about his energy policy or his standpoints about the global warning phenomena. But, at the same time it is a pledoayer for much needed and long overdue change of American policy which made the world unstable and insecure and which made the global terrorism a real threat for everybody and everywhere by accepting the protagonists of this terrorism as allies in its projects of toppling the regimes in the Middle East. Yes, such a change, even if it would be Trump’s turn, would be mostly welcome. Of course, if he delivers, what he had promised: it stops here and it stops now. In only a few months we will know if he would be able to transform into reality his vision of America and its new role in the world. Not more: just a few months. After that we will know if Trump’s turn can become a success, or not. And his voters will know if he was right, when he promised them on the Inauguration day. “I will never let you down”. About the author: Tomislav Jakić, born 1943, is a Croatian journalist – TV and press, specialized in covering the international relations. He was foreign policy advisor to the second President of the Republic of Croatia, Mr. Stjepan Mesić.      

Battling the Tiger: Combating corruption in the Sino-world

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By Lingbo Zhao. After the Eighteenth National Congress of the Communist Party of China, a new round of anti-corruption campaign has been going on. With almost fifty provincial officials, more than 600 director-level officials and more than 200,000 petty officials snared, this campaign is being conducted in a harsh way on a large scale. More importantly, as Vice Primer  Qishan Wang pointed out, the ultimate goal is to reach the “would not think of it”stage from the current “would not dare”stage. In order to realise this goal, the passive control and surveillance measurements which have been carried on over decades may not be able to meet the demand. What should be prior taken into consideration is institutional designs for a clean government. If we look for a successful example for China on anti-corruption reform, Hong Kong may be a good one. During the 1960s, with the increasing population and the rapid expansion of manufacturing industry, Hong Kong was faced with a similar situation which corruption was wide-spread around the force and the community in mainland China nowadays. (Manion, 2004) And yet since 1974 when the Independent Commission Against Corruption (ICAC) was created, the anti-corruption interventions has empowered to accomplish the transformation. This commission, according to the Basic Law, functions independently and is directly accountable to the Chief Executive. (Scott, 2011) So the article is conducted by analysis on causes of corruption and anti-corruption measurements in mainland China, followed by the evaluation and comparison of Hong Kong and mainland China. Though sharing a Chinese culture, great difference remains between each other. Especially when we focus on the anti-corruption achievement, Hong Kong, considered as the freer market from government intervention, has incredible achievements in combatting institutionalised corruption while China, during two decades of anti-corruption campaign, remains one of the most corrupt countries. This article considers the rooted causes and problems of the anti-corruption strategy in mainland China. By introducing the incidence of Chen Xitong and the general situation on state personnel corruption, it argues extent, forms and characteristics and the institutional loopholes of Chinese government. Meanwhile, the process of the transformation in Hong Kong will be illustrated empirically and compared with the process in mainland China. The key part——ICAC will be evaluated. And the suggestions of establishing such commission in mainland China will be introduced and tested. The main researching method is new institutionalism by focusing on the institutional design and informal practice in mainland China. The definition of corruption Corruption, simply speaking, means the abuse of power for illegal monetary transaction. One of the most comprehensive definitions that by a short simply wording incudes both a public and private sector corruption comes from a Vienna-based Prof. Anis H. Bajrektarevic: “Seemingly victimless, hidden trade-off between influence and gain” (Bajrektarevic, Palermo Treaty system, Addleton NY, 2011). The World Bank defines (public) corruption as the abuse of public office for private gains. However, when it comes to a definition in concrete terms which contain too much connotation.(Girling, 1997) In addition, the causes and the results of public-private sector corruption are diverse. It can be traced in governments and civil societies, which include economic systems, administrative systems, judiciary systems and so on. (Harris, 2003) No matter how broad and complicated the concept is, it can reflect rules and violators who against those rules can be identified and punished. (Gambetta, 1999) In the Chinese context, there are two major definitions that can be applied to China in the transition period. For those who are in favor  of a tough enforcement and party disciplinary, they would like to provide a more broad-based definition which includes public offices, public interest and public opinions factors. By contrast, for those who are in favor  of an effective effacement and market efficiency, they would focus on the abuse of public office. (Sun, 2004) Though there is no formalistic answer to the question on what the definition is, this paper would use a definition corresponding with the Chinese context. The corruption is defined as the abuse of authority or the public power by occupants in the government or the party to gain private interests. This interpretation narrows down to the public office level that focuses on the abuse of public power in the political activities. Corruption in Mainland China The process of corruption in China after 1949 can be roughly divided into two periods. There is the classical communist period from 1949 to 1976 and the socialist market from 1976 to the present. (Harris, 2003) From 1980 on, the development of corruption took place together with the legitimating of financial pursuit, delegation of power to an individual or an agency, fast expansion of the market economy, deficiency of the Party’s discipline as well as delaying in introducing regulatory control and required on time legislative renewal. (Kwong, 1997) One case disclosure shocked the public. That is that the mayor of Beijing——Chen Xitong was found directly engaging in bribe taking, with numerous bribe givers and huge material rewards. Even for Chen Xitong, whose downfall is often interpreted as political, the size of his booty warranted his fate. Two private villas, where Chen spent his leisure time and kept his mistresses between January 1993 and February 1995, cost the public nearly Y40 million in maintenance fees, and Y1.05 million in catering expenses. According to Sun (2004), “The villas were filled with luxuries ranging from gold doors and agate floors to extensive maintenance and security. Eventually, he was sentenced to 16-year jail term. ”(p. 148). In Alan Liu’s categories, the forms of corruption in mainland China can be roughly divided into three groups. The first one is universal in all political systems including bribery, embezzlement and abuse. The state property is still a main target but not the only one. Instead, it is the greater inducement from and dependence on the market that now defines the forms and methods of violation. The second type is related to the economic reform, such as accounting violation and privilege seeking. When decentralisation was carried on gradually, autonomy and increasing resources have facilitated corruption dynamically. Precisely, there is linkage between economic liberalisation and corruption. Third one is resulted from moral degradation in a broad way. Sun (2004) states that “even here the marketplace has stimulated distinctive forms of moral deviation in recent years.”(p. 51). Causes of corruption in China The growth of corruption is considered as a policy outcome.(Gong, 1997)It results from mainly the economic reform in an unconscious way during the reforming and opening period. In general, economic reform which is for market development and economic growth, has built up the advantageous condition for the explosion of corruption. Increasing business opportunities, the looser economic policies and the higher payoffs motivated officials to get involved in corruption. To break through the planned economy which made the economy in China stall market economy was introduced to China 30 years ago. Wedeman (2012) states “this reform help China accomplish an economic miracle,” which also makes China lie on the top in the international community. As the continuous development of market economy and reform and opening going deeper, corruption has come out as an ineluctable social phenomenon. During the reform of economy, market competition is one of the most important factors which cannot be underestimated. When analysing the relationship between market economy and corruption, both western and Chinese scholars found out the paradox. There is a negative correlation between economic growth and corruption. Firstly Paolo Mauro, followed by other economists, found that the higher the rate of corruption is, the lower the rate of development is. Empirically, they drew out a conclusion that when the rate of corruption increases one point, it results in the reduction of one percent in economic growth. Theoretically, this statement also can be correct because equality and justice are the key factors of market competition. However, this kind of developmental corruption model cannot successfully reflect the facts in Mainland China where we can see the increasing corruption rate together with the fast development of market and economic growth. Some severe realities are quite obvious. The number of officials corrupting keeps increasing. The involvement in business field of governmental officials is enlarged. Corruption, originally a concealed individual behaviour, is turning into an organised collusion such as Shanghai Gang. (Gong, 1997) As I mention before, there is a paradox about the relationship between market economic growth and corruption. Admittedly, corruption keeps developing in Mainland China together with the rapid growth economy. Gong Ting (1997) uses a conceptual framework which is the interactions of formal and informal practice from new institutionalism to give the explanation. She believes that corruption, as an informal practice, is actually a production of formal practice with loophole. They are interactional to some extent. To stamp out corruption, the starting stage should be on the amendment towards formal practice such as legal framework, judicial system and institutional design. As for the judicial system, she also points out that the wide spread of corruption is facilitated by the way the courts are organized and supervised. The courts, in mainland China, are not different from other governmental agencies. They are not independent. The local government decides the finances of the courts. Senior judges are nominated by the local CPC Committee and endorsed by the local People’s Congress, meaning judges whose decisions are seen to violate Party policy may be discharged or otherwise punished. The courts are subject to the extra-legal authority of the Political-Legal Secretary of the local Party Committee, which deals with difficult and important cases referred to it. (Manion, 2004) Anti-corruption strategy in Hong Kong What makes Hong Kong’s economy successful? Several points below are worthy being remarked such as low tax collection, freedom in market competition, a relatively efficient legal system, an efficient and effective network on transportation and communication and “a competent workforce working along with a pool of enterprising entrepreneurs”described by Howlett (1997, p.47) (as cited in Manion, 2004). Those factors not only significantly contribute to the economic development in Hong Kong but also enable Hong Kong’s economic wealth which does good to combatting corruption as the government can afford the salaries of civil servants and enough human and financial resources can be committed. (Quah, 2003) Different from the Central Commission for Discipline Inspection of the Communist Party of China (Zhongjiwei), the ICAC operates independently in terms of structure, power, finance and personnel. Before 1997, there was a direct access between its Commissioner and the Governor. After July 1997, the ICAC is directly responsible to the Chief Executive. So far, the ICAC has developed into three major functions which are investigation, prevention and education to fight against corruption in Hong Kong. (Scott, 2011) The Structure of the ICAC As for its structure, there are main three unequal branches and the Administration Branch. Among the three departments, the largest one which is the Operation Department takes the responsibility of the investigative function. The over nine hundred employees takes up 73% of the ICAC human resource. The head of the Department also serves as the Deputy Commissioner, assisted by two Directors who are in charge of the government sector and the private sector respectively. The second largest one is the Community Relations Department. The two divisions of this Department are mass media and the public. It has 202 staff which is 16% of the total staff in the ICAC. Intensive education projects are conducted in schools and business sectors. In addition, it also builds up a close relationship between mass media and district organisations in order to raise the public awareness and gain their support towards the anti-corruption movement. The smallest department is the Corruption Prevention Department (CPD), taking up 4% of the total employees in the ICAC. In concrete terms, the objectives of the CPD is to inspect the practice and procedures of government and public bodies. Also, it takes the responsibility of making amendments and suggestions on the working methods. Training for civil servants is also offered by the CPD for the purpose of prevention. Apart from these three departments, there is a separated administration department. It is in charge of human and financial resources and general matters such as accommodation and technologic service. Besides, an advisory committee is to examine the work of each department. The ICAC also has its own recruitment practice. The employees are recruited out of the control of the Public Service Commission, which makes the staff of the ICAC separate from other governmental sections. During the recruitment process, the ICAC itself takes the whole responsibility of promotion, screening, interviewing and other process. As for the financial fund of it, by the 2001/2002 financial year, its budget has reach 81 times compared from the first year when it was established. This rapid increasing in budget reflects the strong will of the government on the support of the ICAC anti-corruption enforcement. (Quah, 2003) Comparison on Anti-corruption Strategy in Mainland China and Hong Kong Institutional Designs The main difference in mainland China and Hong Kong is the anti-corruption agencies. In Hong Kong, the ICAC is an independent agency with power and increasing budget. More importantly, the Commissioner of the ICAC is directly answerable to the Chief Executive, which makes the ICAC a separated agency apart from other governmental departments. (Harris, 2003) However, in mainland China, unclear boundary exists between the party and government branch. Junctional jurisdictions are dominated by communist party committee generalists at each level. The second point is the institutional design. In Hong Kong, one of the three important methods of anti-corruption is the prevention through institutional design is; in mainland China, certain economic reform policies actually stimulate corruption. Reorganisation of procedures to reduce incentives for corrupt transaction has been shown recently. Finally, the analysis will go back to the basic ground of anti-corruption strategy which is the constitutional design. This essential difference lies in the two different regimes. Hong Kong has a functioning rule of law regime and effective civil liberty while mainland China is conducted by a rule of law regime less constructively and neglect of civil liberty. (Manion, 2004) Hong Kong’s institutional design not only focus on the enforcement measures but also pays high attention to the prevention by offering suggestion. The ICAC’s Corruption Prevention Department is to study the work procedures in governmental departments to identify opportunities for corruption. (Manion, 2004) Having studied and analysed, suggestions would be offered so as to reduce the possibility of corruption by redesigning the working procedures. Further, after the suggestions are given, the Department is still in charge of checking the effectiveness of the suggestions, making sure the new design would not offer ground for new chances for corruption. The function as consultant is one of the key and unique notion of this department, especially when the government is on its way to draft and amend legislative text and policies. To a great extent, this function makes sure the anti-corruption movement starts from the beginning level where new laws are introduced for an incentive purpose. Also in mainland China recently, more attention has been paid towards designing incentive structures from the original forcemeat stage. In Anhui province in 2000, the “taxed for fees” reform was adopted from the perspective of being incentive. The reform is to reduced possibility of corruption in the township governments and villages by reforming the basic collection system. It replaces a single agricultural tax, capped at about 7 percent of income and collected by higher level governments, for various fees and charges levied by township and village administrations. Compared with the previous regulations against illegal fees in 1990s, Manion (2004) described that “the reform frees officials at the rural grassroots level from fee collection and makes corruption at the township and village more difficult.”(p. 205) In 2003, this reform was successfully adopted nationwide, becoming a good example in mainland China of transforming to the incentive structure. According to policy analysts, the key part of institutional design in Hong Kong is the independence of the ICAC and it is what mainland China should emulate when reforming the anti-corruption strategy. This refer to the exclusive anti-corruption mission of the agency: “The ICAC is not embedded in the civil service or any other larger organisation with multiple goals”. Among this, the most important is the police force remaining independent, especially in the 1973 context of a public perception of that department as the most corrupt of all. Agency independent worked in Hong Kong primarily because this agency design worked as a signal, a public announcement of an “equilibrium switch”——but it worked especially well in a particular context. With corruption structured this way, the creation of an agency that effectively rejected the police as anti-corruption agents helped legitimate the government effort and enlisted ordinary citizens as voluntary enforcers. Independent was complemented by power, also an element of agency design: the ICAC was given strong investigate powers and considerable financial resources. Legal Framework Difference also lies in the law set in Hong Kong and mainland China. The reasons behind it are partly contributed by the different policy choices which illustrate different experience and views. From a perspective of a higher degree, however, basic difference on constraints of power should be noticed. A solid legal foundation has become the base of Hong Kong’s anti-corruption reform. Two important legislative context have to be introduced. The Prevention of Bribery Ordinance was strengthened in 1971. It provided with a clear definition by including “unexplained income or property”which can serve as the evidence of corruption practices. Clarity, stability, scope and whether it is easy for application, all the points above greatly influence on whether and how a corrupt official can be punished according to law. (Quah, 2003) To build up a clear legal basis, several points should be well defined. Legal clarity, breadth, stability, and ease of application all contributed to a situation where corrupt officials were routinely punished according to law. And the public confidence of the anti-corruption enforcement is also, to some extent, basing on whether the law is harsh without loopholes. On the contrary, in mainland China, the main force on combatting corruption is centralised by the CDIC which plays as a leading and administrative role. But as for the legal system itself, it remains weak. What depletes the development of law and a legal-based authority in mainland China? One point should be noticed that under the leading of the CDIC, the investigation and punishment are conducted within the party system. This makes lag when a criminal case is transferring into the prosecution process. So the agency design which makes anti-corruption enforcement outside the criminal procuratorates system may be one of answers to the question above. (Gong, 2004) Besides, the law making process is also not propitious. The first criminal code was passed in 1979. Then comes rapid changes on political economy which forced law makers refine the law with taking lots of new factors into consideration. The role of law and its distinction between party leadership shows a fundamental contradiction in mainland China. The law should serve as a powerful tool to fight against the abuse of official power. (Manion, 2004) Conclusion China’s path of corruption is actually quite similar to the process in Hong Kong, rapid growth in population and economic transition. By viewing Hong Kong as a good example of mainland China, we can find basically one main loophole which is the ambiguity of power between the party and judiciary from both legal and institutional prospective. If mainland China are going to set up an independent agency like ICAC in Hong Kong, a clear boundary must be well-defined. First of all, as for the institutional setting, it is to avoid the interference from the government and the party in order to ensure authority and transparency of this agency. Second, it is to reduce delay when a corruption crime transferred from the investigation of the party to the prosecutors. Further, even though the “fight against tigers”movement achieve success for the current situation, refining the present legal framework still remains the determinant. —————— About the author: Ms. Lingbo ZHAO is a candidate of the Hong Kong Baptist University, Department of Government and International Studies. Her research interest includes Sino-world, Asia and cross-Pacific. Contact: harryzhaolin@gmail.com   Bibliography:
  • Girling, J. (2002). Corruption, capitalism and democracy (Taylor & Francis e-Library ed.). London: Routledge.
  • Gong, T. (1997). Forms and characteristics of china’s corruption in the 1990s: Change with continuity. Communist and Post – Communist Studies, 30(3), 277.
  • Gong, T. (2004). Dependent judiciary and unaccountable judges: Judicial corruption in contemporary china. China Review, 4(2), 33-54.
  • Harris, R., 1947. (2003). Political corruption: In and beyond the nation state. New York: Routledge.
  • Heywood, P. (1997). Political corruption. Malden, MA: Blackwell.
  • Kwong, J. (1997). The political economy of corruption in China. Armonk, N.Y.: M.E. Sharpe.
  • Lee, Peter N. S., 1940. (1991). Bureaucratic corruption during the deng xiaoping era. Hong Kong: Hong Kong Institute of Asia-Pacific StudieManion, M., 1955. (2004). Corruption by design: Building clean government in mainland china and hong kong. Cambridge, MA: Harvard University Press.
  • Quah, J. S. T. (2003). Curbing corruption in asia: A comparative study of six countries. Singapore: Eastern Universities Press.
  • Scott, I., 1943, & City University of Hong Kong. Department of Public and Social Administration. (2011). Corruption control in hong kong: Rules, regulations and policies. Hong Kong: Dept. of Public and Social Administration, City University of Hong Kong.
  • Sun, Y., 1959. (2004). Corruption and market in contemporary china. Ithaca, N,Y: Cornell University Press.
  • Wedeman, A. H., 1958. (2012). Double paradox: Rapid growth and rising corruption in china. Ithaca: Cornell University Press.
   

The aristocracy of the sensitive, the considerate and the plucky

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By Dario Poli. In my years of working, creating and studying as and when I could, I tried to apply certain standards to my own life, especially when battling to overcome the daily problems of life I had to face within my own world and as I often faced rude and quite aggressive personalities, who thought little of insulting me or others who could or would not agree with them. My interest in good manners and the skills of diplomacy evolved from these unfortunate experiences and I began to learn that there were many more interesting and even pleasant ways of getting one’s point of view across to another human being without recourse to the aggressive or vulgar. I discovered that by using diplomacy and tact in a proportionate and appropriate manner, lead to improved relationships with other people and was a way to build and develop mutual respect, which in turn lead me to more successful outcomes and less awkward or stressful communications as I grew to understand, that diplomacy were skills based on an comprehension of other people and being sensitive to their opinions, ideas, feelings and beliefs. I found this wonderful piece of philosophical writing by E.M. Forster that was close to my inner being, as it eloquently expressed my regard for diplomacy. So I felt it was time to share it with you. Dario Poli. “I believe in aristocracy though, if that is the right word and if a democrat may use it. Not an aristocracy of power based upon rank and influence, but an aristocracy of the sensitive, the considerate and the plucky. Its members are to be found in all nations and classes and all through the ages and there is a secret understanding between them when they meet. They represent the true human condition, the one permanent victory of our queer race over cruelty and chaos. From a 1941 essay by E.M. Forster. My favourite quote of E.M.Forster is; “If I had to choose between betraying my country and betraying my friend, I hope I should have the guts to betray my country”. Short biography of E.M. Forster Edward Morgan Forster OM CH, better known by his pen name E. M. Forster, was an English novelist, short story writer, essayist and librettist who was born in 1 January 1879 died on the 7th June 1970. He was best known for his ironic and well-thought out novels that examined and exposed the class difference and hypocrisy in early 20th-century British society. Forster’s instinctive impulse toward humanistic, sympathetic understanding, may be summed up in the epigraph to his 1910 novel Howards End: “Only connect”. His 1908 novel, A Room with a View, is his most optimistic work, while A Passage to India (1924) brought him his greatest success. He was nominated for the Nobel Prize in Literature in 16 different years
  • Movies: Maurice: A Room with a View, Howards End, A Passage to India, Where Angels Fear to Tread, A Diary for Timothy, Plug.
  • Short stories: The Machine Stops, The Other Side of the Hedge, The Other Boat, The Life to Come
 

IOM Netherlands: Challenges for 2017

On the picture Mr. Martin Wyss, Chief of Mission, IOM International Organization for Migration. By Carlotta Duken. Global migration flows have become the norm. Everyday we encounter images of migrants and refugees – fearing for their lives on boats, suffering disastrous circumstances in refugee camps, or desperately waiting in front of a border fence. According to the EU, over 65 million people are forcibly displaced across the globe. Although migration is not a new phenomenon, recent years have shown a rapid politicization of the issue which increasingly preoccupies policymakers worldwide looking for solutions and strategies in dealing with migratory challenges. How looks the global migration management? What can states do to facilitate the integration of asylum-seekers and refugees? Moreover, who assures that migrants’ rights and well-being is protected? An increasingly significant role is held by the International Organization for Migration (IOM) which is the “world’s leading intergovernmental organization dedicated to the well-being, safety and engagement of migrant”, counting 166 member states and being present at over 400 field locations worldwide (http://www.iom.int/). Since its foundation in 1951, the IOM has been significant in alleviating the humanitarian suffering caused by war, conflict or environmental catastrophe through its on-site efforts and its cooperation with governmental, intergovernmental and non-governmental partners. Amongst its most important functions is the provision of humanitarian assistance to migrants in need, as well as facilitating solutions and international cooperation on human migration management. The annual New Year’s Reception hosted by the IOM on February 2nd 2017 at Carlton Ambassador Hotel in The Hague gave occasion to reflect an eventful past year for the organization. Besides celebrating its 65th anniversary, IOM has reached a great milestone in its history when it became a Related Organization of the UN in September 2016. This year’s reception addressed two very different themes: Labor market integration of refugees on the one hand, and return of migrants on the other hand. The event was opened by Martin Wyss, IOM’S Chief of Mission in the Netherlands. He has been part of the organization since 1993 and has served in seven missions – five of them as Chief of Mission – in Mozambique, Switzerland, Croatia, Macedonia, Armenia, Moldova and the Netherlands. Mr. Wyss warmly welcome the guests and introduced the two guest speakers. This year’s reception addressed two different themes: Labor market integration of refugees on the one hand, return of migrants on the other hand.   Attaining a job is crucial for the integration into society and culture of the host country. In 2016, IOM Netherlands has launched two pilot projects aimed at facilitating the access to the Dutch labor market for asylum seekers and refugees. Skills2Work improves the access of beneficiaries of international protection, service providers and employers to specific information and services relating to skills recognition. Therefore, the initiative created a regional review of good practices on the themes of skills recognition, skills validation and employment of asylum seekers and refugees. VOORwerk supports permit holders in finding a job by offering information, training and individual guidance. In November, 2016, four hundred status holders benefited from training, counselling and work placements to prepare them for the Dutch labor market.
Robert Blauw, the director of the TVCN
In the context of the Skills2Work program, but also in the IOM’s everyday need for interpreters on-site, IOM has worked together with the Tolk- en Vertaalcentrum Nederland (TVCN) for many years now. Robert Blauw, the director of the TVCN, presented an exemplary initiative of labor market integration of refugees in his speech. In cooperation with Vluchtelingenwerk Nederland, TVCN was able to assist refugees in entering the Dutch labor market by providing them a 6-months training as interpreters. The selection process works competitively, whereby 20 out of 150 applicants were chosen for the first class of interpreters. The high level of motivation amongst the participating refugees is reflected in their above-average success rates. Those that successfully finished the training had no problem in finding a job right away. Through its initiative, TVCN showed a great example of building bridges – using the potential and talent of people that relied on social benefits and turning it into a job. Meanwhile, the fourth class of interpreters will begin their training shortly. While the integration of refugees and migrants into the Dutch society depicts a key challenge for the future, it is self-evident that not all arrivals will be able to stay in the Netherlands. The IOM supports migrants that voluntarily return to their country of origin or to a third country where permanent residence is guaranteed. Thereby, it supports the migrants before, during and after their journeys both in practical and financial matters.
Hans Faber, director of the Repatriation and Departure Service (DT&V).
Similarly to the IOM, the Dutch government facilitates the return of foreign nationals to their home countries. The second speaker of the reception was Hans Faber, director of the Repatriation and Departure Service (DT&V) which operates on behalf of the Ministry of Security and Justice in the Netherlands.  Most returnees decide on their own to return and do so voluntarily with IOM. Those who do not are returned with DT&V. In his speech, Mr. Faber emphasized that the subject of return is particularly difficult, as it is emotional for individuals that need to return while at the same time constituting a political subject which can cause tensions between countries. The primary goal of the DT&V is always the protection of people, not their return. However, in order to guarantee that those people in need of protection can be safeguarded, return mechanism need to be in place. This simply means that if countries of origin are safe again, return policy can be implemented to foreign nationals in order to enable the Netherlands to provide protection for people from current conflict or persecution. In sum, even though there might be opposite facets on this matter, both the labor market integration and the return of migrants represent the complexity of challenges where countries, governmental and non-governmental agencies are dealing with on a daily basis with regards to migration. Both integration and repatriation have to be functional in order to create an asylum system which protects and safeguards the individual.  

Human Misery monetized

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Capitalizing and profiteering from the occupation: corporate human rights violations in the occupied territories.   By Aleksandra Krstic. While the new cold war is taking its momentum, the world community is gradually forgetting other pressing issues; such as human rights, right to labor, human dignity and respect. Of course, the national and international corporations hereby play a major role when comes to respect and observance of social and labour rights. Even at the Geneva-based world standard-setting organization, that of ILO (International Labor Organization), corporation have a strong say. What is the degree of due diligence deployed by corporations today? Does the corporate world comply with the law and standards of business conduct, transparency of business operations? And – importantly – does the private sector respect standards of international humanitarian law, especially in situations of armed conflicts and the so-called forgotten conflicts? Places where open hostilities have ceased, but yet peace has never really come. Notably, does the corporate world comply with the set of important international standards such as the UN Guiding Principles on Business and Human Rights or the OECD Guidelines for multinational corporations, to name just a few? Could we go as far as to claim that in some cases the private corporate entities play a decisive role in funding, enabling and facilitating permanent changes in economic, demographic and cultural character of the occupied territories? And if so, does it serve, to say, dual purpose: a corporate gain and a prolongation of the occupation on the given territory?   To understand the gravity of that problem, let’ take as an example conditions in Caucasus – a typical case of the forgotten conflict – region where war stopped, still peace has never arrived. Armenian companies, as well as foreign (mostly diaspora controlled, such as the Lebanon-based Artsakh Roots Investment; the US-based Tufenkian Foundation; Armenian General Benevolent Union /AGBU/; Cherchian Family Foundation, etc.) businesses play a decisive role in funding, enabling and facilitating permanent changes in economic (including fiscal and monetary), demographic and cultural character of the occupied territories both for private gain and for supporting the prolongation of the occupation of these territories. Over the past years, the well-orchestrated transfer of Armenian settlers from Armenia and elsewhere into the contested territories (via e.g. Hayastan All-Armenian Fund), including the areas adjacent to Nagorno-Karabakh, in particular the districts of Lachyn, Kalbajar, Gubadly, Zangilan and Jabrayil, has continued with accelerated pace. To worsen the things, fishing of the human souls exploits an epic human tragedy of Syria and its people: The shadowy Armenian Revolutionary Federation (ARF) is deceiving Syrian Armenians with an instant-better life promise if they relocate from e.g. Qamishli and Aleppo cities in Syria to Caucasus and its occupied territories (e.g. Zangilan, Gubadly and Lachyn districts). Nearly a mass-manipulation replica of the famous call to Bosnian Croatians from Zagreb to settle the former Serb inhabited and ethnically cleansed territories of Croatia. This is of course, a direct criminal meddling into the domestic matters of two sovereign states. Armenia, directly or via its corporate proxies, continues permanent energy, agriculture, social, residential and transport infrastructure changes in the occupied territories. This is increased and prioritized as to change the demographic character once for good: That of course includes the construction of irrigation networks, water-canalization, roads, power-grids and other vital economic and social facilities. (Several international reports, conducted independently by different FORAs, repeatedly confirmed that property of IDPs has been appropriated. E.g. that empty houses of Azerbaijani internally displaced persons were often dismantled for use as construction materials or that new houses are being built on their lands and properties.) Armenia exercises pervasive control over the entire economic and commercial system in the contested territories, including inbound and outbound trade flows and economic resources. Tacit presence of the international companies is rather interesting: there are hundreds of various types of US-manufactured Caterpillar machines, farm tractors and equipment of US-based John Deere and Germany’s Deutz-Fahr companies, South Korean Hyundai trucks, Belarus MT3-82,3 model farm tractors, as well as other heavy machinery for illegal mining, agriculture, expansion of settlements and construction of the supporting infrastructure. The true ownership for most of those companies remains unclear, as oftentimes registered offshore in Cyprus, Liechtenstein and the like. Often their funding is channeled through the branches of Armenian banks operating in the occupied territories and conducting international financial transactions via intermediary banks in Russia, EU and elsewhere. Further on, a numerous foreign retailers, from Ukraine, the US and the EU states (particularly from France, Bulgaria, Hungary, Belgium, Germany, the Czech Republic, the Netherlands), as well as from Australia and UAE, have concluded their supply contracts with Armenian companies. That, of course, makes them complicit with Armenia’s occupation of the territories, drain of resources, expansion of illegal settlements as well as with a violation of fundamental rights of IDPs. Little wonder, since Armenia’s high-ranking officials, including President Sargsyan, PM Abrahamyan and other ministers, routinely visit the occupied territories and inspect production facilities there. To camouflage the illegal nature of production there, Armenian agricultural and liquors export companies (e.g. “Stepanakert Brandy Factory” and “Artsakh Fruit CJSC”) routinely mislabel the products wholly or partially produced or packed in the occupied territories as originating from Armenia, thus misleading governments, international retailers and consumers. The agricultural lands in the contested territories along the Araz River (Zangilan and Jabrayil districts, too) have been illegally appropriated and extensively exploited by Armenia. This poses a stress on natural water flows (for consummation, irrigation or opportunity for an illegal electricity generation) and soil (overuse of arable lands and monoculture cropping) – which, in return, alters micro climate and jeopardizes the biota and human existence (e.g. Armenia’s Arm Water Project Company Ltd. in the Araz Valley). Dismantling of infrastructure (metals, pipes, bricks and other construction materials) from the ruins of demolished Azerbaijani households and public buildings was previously conducted more sporadic. However, the currently examined cases show that it becomes more organized system of pillage with a clear foreign involvement. Mining of the precious minerals and metals is one of the main enterprises in the occupied territories. E.g. Gyzylbulag underground copper-gold mine (wholly owned subsidiary of Armenia’s Vallex Group CJSC, registered in Liechtenstein), led to its almost complete depletion. Similar faith is of Demirli open-pit copper and molybdenum mine. In 2014, Gold Star CJSC reportedly started exploitation of gold near Vejnali village (occupied Zangilan district of Azerbaijan). Since 2007, GPM Gold, a subsidiary of Russia-based GeoProMining Ltd., has been extracting ore in Soyudlu gold mine in the occupied Kalbajar district. There is an illegal traffic in natural resources across the occupied section of the international border between Azerbaijan and Armenia that is controlled by the armed forces of Armenia via Armenia constructed Vardenis-Aghdara highway. The Government of Armenia, via its Energy Ministry, is directly operating: The ore concentrate from Gyzylbulag is transported to Armenia, where it is further processed into gold containing copper and exported to international markets, mainly to Europe. Armenia is also extracting coal from the mine near Chardagly village in the occupied part of the Tartar district to supply the power plant in Yerevan, Armenia. There is a clear correlation between the business and the political status quo. Hence, it is safe to conclude that the prolong occupation directly translates into more mineral, agricultural, water resources and other wealth for the neighboring government and gloomy international business. Demographic engineering is a key here, and is – of course – done by conflicting the fundamental human rights and norms of humanitarian law, including those of IDPs. In its epilogue, a clandestine population-reshuffle coupled with illegal economic activities on the contested territories produces the notorious “blood diamonds”: socio-political status-quo, demographic inversion, and extension of the armed conflict. Is there anything larger than a problem of such a huge gravity for the resident population? Of course, there is. Our silence about it !   ——————— About the author: Aleksandra Krstić, studied in Belgrade (Political Science) and in Moscow (Plekhanov’s IBS). Currently, a post-doctoral researcher at the Kent University in Brussels (Intl. Relations). Specialist for the MENA-Balkans frozen and controlled conflicts. Contact: alex-alex@gmail.com