World water day and water management in central Asia

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By Missions of the Republic of Uzbekistan to the Benelux countries, the EU and NATO.   22 March is declared by the United Nations General Assembly as the «World Day for Water» in 1993.According the United Nations Secretary-General Ban Ki-moon, the access to safe drinking water and sanitation was among the most urgent issues affecting populations across the globe. Despite progress under the Millennium Development Goals, UN believes that some 750 million people, or more than 1 in 10 of the world’s population, remain without access to an improved water supply, the UN has reported. Moreover, the statistics on sanitation remain “even less encouraging” as some 2.5 billion people around the world still live without improved sanitation while another one billion practise open defecation. That is why Ban Ki-moon declared that the perils of climate change increasingly threaten the planet, the international community must unite in a spirit of urgent cooperation to address the many water-related challenges facing humanity. During the next decade, tensions and conflicts over access to water are likely to become more frequent and could endanger stability and security in many parts of the world. Managing the effects of climate change and demographic and economic development, as well as reconciling different uses of water resources such as drinking water and sanitation, agriculture, food production, industry and energy, are major water security challenges. Environmental problems and water management in Central Asia are the most serious challenges for further stable and sustainable development of region. In this regard, we welcome the EU Foreign Affairs Council Conclusions on Water Diplomacy of 22 July 2013, which calls for the promotion of the international UN conventions on use of trans-boundary watercourses which are important instruments to promote equitable, sustainable and integrated management of trans-boundary water resources. One of the gravest global environmental disasters of modern times is the tragedy of the Aral Sea facing the countries of Central Asia and their population of some 60 million. Its environmental, climatic, socioeconomic and humanitarian consequences make it a direct threat to sustainable development in the region, and to the health, gene pool and future of the people living there. The problems of the Aral Sea arose and expanded into a threat in the 1960s, as a result of the feckless regulation of the major cross-border rivers in the region – the Syr Darya and Amu Darya, which had previously provided some 56 cubic kilometres of water to the Aral Sea each year. A jump in the population in the area, urbanization, intensive land development and the construction of major hydrotechnical and irrigation facilities on the water courses of the Aral Sea basin carried out in previous years without regard for environmental consequences led to the dessication of one of the most beautiful bodies of water on the planet. Over the past 50 years, the total outflow from rivers into the Aral Sea has fallen almost 4.5 times, to an average of 12.7 cubic kilometers. The area of the sea’s surface is eight times smaller than it was, and the water volume has decreased by more than a factor of 13.The sand-salt Aralkum desert, with a surface area of more than 5.5 million hectares, is inexorably taking over the Aral region and now covers the dried-up portion of the sea that was once home to a wealth of flora and fauna and served as the natural climatic regulator of the adjacent areas. A complex set of ecological-climatic, socioeconomic and demographic problems with far-reaching, threatening global consequences has arisen in the Aral Sea region. Water pollution and the large salt and dust discharge from the bottom of the desiccated sea have contributed to the spread among the population of the Aral Sea region of a number of somatic diseases such as anaemia, diseases of the kidneys, blood, digestive system, respiratory organs and cardiovascular system, gallstones and other diseases. In order to mobilize the efforts of the world community to implement programs and projects dedicated to improving the environmental and socio-economic situation in the region of the Aral Sea and to boosting the international cooperation to weather the negative repercussions of the ecological disaster, an international conference “Cooperation in the Region of the Aral Sea Basin to Alleviate the Impact of the Environmental Catastrophe” took place on 28-29 October in the city of Urgench. In the framework of the conference a number agreements were signed for the implementation of national and regional projects in of 3 bln USD and 200 mln. USD out of them are the grants. It was attended by officials of 24 prominent international and regional organizations, financial institutions, among them being the United Nations, the Shanghai Cooperation Organization, the UN Regional Center for Preventive Diplomacy for Central Asia, the International Groundwater Resources Assessment Center, the Asian Development Bank, the Islamic Development Bank, the World Bank, the Organization for Economic Cooperation and Development, the Organization of Petroleum Exporting Countries, as well as scientists and experts in the fields of environmental sciences, climate change, water resources management from 26 nations, including Austria, Hungary, Germany, Spain, China, Latvia, Malaysia, the United States, France, Switzerland, South Korea, Japan among others. The efficient use of water and energy resources is of particular importance for the region and this issue directly affects the lives of tens of millions of people whose livelihoods depend on a stable and timely supply of water for drinking and irrigation. The Amudarya and Syrdarya – the two major trans-boundary rivers of Central Asia have historically been a common good and the source of life for the nations of the region. The Aral Sea basin is supplied with water from the flow of these rivers. Therefore implementation of any plans to construct the new large hydropower stations with gigantic on a global scale dams, according to many competent specialists, shall lead to disruption of the natural flow of these rivers which is fraught with most dangerous ecological and social-economic consequences. Taking this into consideration, such plans on constructing hydropower facilities at the international watercourses should be preliminarily endorsed by all interested countries. In this regard, while constructing any dams or hydraulic structures on trans-boundary rivers the following basic principles should be taken into account: First, the watercourse and volume of water coming down to countries located lower course of the transboundary rivers should not be diminished, especially in the growing season. Second, the implementation of such projects should not degrade the environmental situation in the region, taking into account the already existing negative situation in the region due to the drying of the Aral Sea. Thirdly, one must exclude the possibility of life technogenic disasters, given the fact that the region has a tectonic fault with seismicity of 9-10 magnitude on the Richter scale. Moreover the usage of water resources trans boundary rivers of Central Asia should base on the norms of international law, and in particular, the provisions of the UN Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes of 1992 and the Convention on the Law of Non-Navigational Uses of International Watercourses of 1997. Uzbekistan That is why the EU Council of Ministers in its conclusions on EU water diplomacy of 27 July 2013 expresses concern about the water security situation in many parts of the world and in particular in Central Asia. Uzbekistan believes that any efforts related to the water usage in Central Asia, first of all, should take into account the improving of life conditions of population in of Aral Sea region and implemented from the point of achieving the following purposes:
  1. Creation of conditions for life, reproduction and preservation of the gene pool in the Aral Sea region.
  2. II. Improved measures to manage and save water, protecting natural bodies of water in the Aral Sea catchment area.
  3. III. Implementation of large-scale measures to plant forests on the dessicated bed of the Aral Sea and prevent desertification in the regionIV. Preservation of biodiversity, restoration of biological resources and protection of flora and fauna.
  4. Further institutional reinforcement and strengthening of cooperation between countries in the region, in the framework of the International Fund for Saving the Aral Sea.
 

Pulling Libya out of the Precipice

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On the picture, Their Highnesses Sayyida Ana María and Sayyid Idris bin Abdullah Al Senussi.   By Sayyid Idris bin Abdullah Al Senussi.   The transition of Libya from decades of Gaddafi’s authoritarian regime into a democratic state was never supposed to be an easy process. One thing is to oust Muammar Ghaddafi, another is to put in place a workable administration based on an all-inclusive, democratic participation. The current fragmentation of Libya among regions, tribes and localities, the splintering of our society into multiple bickering armed groups, and the rise of warlords vying for power by using tribal, religious and ethnic loyalties in order to win over local constituencies are tearing Libya apart. If a settlement is not reached in the coming weeks, Libya might fall into a precipice from which salvation might be beyond human capacity. History suggests that anarchy and violence drive people to escape from freedom into the arms of dictators. We need to cut short any nostalgia that might develop in our midst for the Gaddafi regime. Nor should one be surprised at the emergence of a Daish threat in Libya. Sadly, our country has become, like Syria and Iraq, the kind of habitat where ISIS and its murderous fantasy of a borderless Caliphate can prosper. Institutional vacuum, disorder and armed conflict are the ideal recruiting grounds for ISIS. Merging foreign invaders with local sects and groups is what produces these ISIS squads in parts of our country. Libya’s predicament is not obviously worse than that of Algeria in the early 90’s. The consequences of failure, however, may be greater. We run the risk of being left to the likes of ISIS and its sympathizers and would-be emulators, all of which thrive in the kind of political vacuum that prevails these days in Libya. Libya’s future lies in recovering the spirit of the revolution that ousted Colonel Gaddafi. We need to recuperate the hope for freedom and democracy, national unity and prosperity for all that motivated us in those heroic days of the 2011 revolution. Though Libya never had the kind of cleavages of sect and ethnicity that divided some other states throughout the Arab geography, it has nonetheless a rich socio-tribal tapestry. It is vitally urgent to build the democratic institutions that would allow us to vertebrate our diverse society into a system that unites us all behind shared values of peace and co-existence. Our democratic settlement needs to be all-inclusive. We, Libyans, are proud Muslims. Religion is part of our collective identity. But, it has always been an Islam that sprang from our tradition of tolerance and co-existence. We are not an extremist nation. Moderate Islam will give us an avenue in which to add another brick to the anti- extremist wall that we need to build. Fighting ISIS and the extremism of other radical groups is fighting for the Islam of our forefathers’ faith as we always practiced it in our country. We always combined faith with tolerance. Today we are called to reconcile it with democracy, modernity and prosperity. Libya’s future lies in peace within itself, with its immediate neighbours in North Africa, and with the broader international community. The United Nations as the embodiment of the international community is bound to be a key factor in a peaceful transition of Libya to order and stability. We must support and facilitate its work in this difficult transition to democracy. The UN is a fair broker to whom we owe recognition for its role and credibility in securing Libya’s independence in 1951. We are grateful to the foreign countries that supported our revolution and helped us in doing away with the old dictatorial regime. But, they know that the old days of colonialism and subjection to foreign powers are over. The international community is now assisting us in helping ourselves; it is interested in a stable, democratic and prosperous Libya not in order to control it, or seize its wealth. They simply know that our instability can affect their peace and security. The same needs to be said of our immediate neighbors in the Maghreb. It is the fear of a spillover of our current anarchy across their borders that make them so restless and concerned. Yet, none of our neighbors can solve our problems, nor should we look for a North African gendarme. I do recognize, however, that a unified North African front has potential to help contain extremism, and prevent outside interference through enhanced border surveillance, information sharing, and the warding off of external military interference. Libya’s struggle for the future it deserves would not end with the settlement that we expect will emerge out of the current negotiations under the good services of the UN. After the settlement is reached, we would still have to work for the consolidation of our new democratic institutions, and for the strengthening of the judicial system without which no democracy can operate. And, we shall still have to build a strong and modern army out of the plethora of armed groups and militias, an army that is immune from cooptation by the city-based militias, extreme Islamic groups or any other power interest. Last but not least, we need to rescue our declining economy. These are days of radical change in the global energy market, and our oil industry would have to adapt itself to the new realities. We need also to create modern industrial and agricultural structures that employ large numbers of our brethren in productive jobs. Much of the work would have to be done by the Libyans themselves, and with Libyan money. We can, however, use outside technical support and create joint ventures with foreign investors. Foreign governments and private initiatives need to be welcomed to play a role in developing modern infrastructures, medical centers, and new industries. Libya’s predicament requires that we acknowledge the potential stabilizing role of the private sector. These are historical and crucial times in Libya’s life cycle. It is incumbent upon us to rise to the challenge of leaving behind old and new divisions, of superseding the temptation of catering to particular and local interests and unite to build a free, prosperous and all-inclusive Libya. His Highness Sayyid Idris bin Abdullah EL SENUSSI, is a member of Lybia former Royal House and President of “Senussiya Foundation”. Original version- Translated and published by “El Pais” on 05/03/2015 http://elpais.com/elpais/2015/03/04/opinion/1425474125_509280.html Senussiya Foundation: www.senussiyafoundation.it

The role of international tribunals in international water disputes

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By Johanna Ospina Garnica, UPEACE Centre The Hague.   Summary of the lecture presented by Sir Kenneth Keith, Judge of the International Court of Justice (ICJ), on January 28, 2015. This lecture was jointly organized by UPEACE Centre The Hague and the Peace Palace Library. (For more information on UPEACE Centre The Hague and the lecture series “Peace Building in Progress” see: www.upeace.nl).   In his lecture on “International water disputes – The roles of international courts and arbitral tribunals in resolving them”, Sir Kenneth Keith gave a general overview of the role and challenges of international arbitration and jurisdiction in water disputes. To do this, he referred to four main themes, each explained by a featured case study on international water disputes, namely: main issues in international water disputes, law applied to international water disputes, limits and possibilities of adjudication and arbitration and management of international water disputes.   Main issues in international water disputes Sir Kenneth Keith started his lecture by explaining two of the main topics on the regulation of international water disputes. The first of these are the boundaries disputes, which include maritime, lakes and rivers boundaries, many of these disputes are related to navigation rights and acquisition. In this aspect stands the case of Malawi-Tanzania, whose border dispute regards the lake Nyasa; there is currently a process of mediation going on with some prospects of arbitration and jurisdiction. Other important cases include Nicaragua-Colombia and Nicaragua-Honduras whose disputes are about maritime delimitation. The other main topic of international water disputes is the use of water; this category includes fishing, access to freshwater, agriculture, manufacturing, recreation and tourism. Two important cases in this regard are Egypt-United Kingdom (1929) for the uses of the Nile River and Argentina-Uruguay concerning the building of pulp mills on the Uruguay River. Sir Kenneth Keith and Judith Levine, 28 Jan 2015   How the law on international water disputes has been applied Besides some instruments on international water law, there are more than 3,000 international agreements concerning freshwater, navigation and boundary demarcation that have contributed in terms of building up water law. Some of them have been multilateral agreements such as the International Commission for the Protection of the Danube River (ICPDR) or bilateral treaties such as between Uruguay and Argentina, concerning the Rio de la Plata. Another important type of agreements are those concerned with extending law treaties on water issues, as is the case of Costa Rica-Nicaragua. These agreements present a range of subjects mainly related to the continuation of old treaties and the way in which they were written. Sir Keith emphasized that these treaties might present big challenges, related to their interpretation and application. Consequently, this situation raises the question: how must laws and treaties be interpreted as time goes by? To respond to this problem, Sir Keith explained that it is always necessary to consider the real purpose for which they were created, but also to understand that the needs and conditions of the contexts may have changed. Therefore, these agreements must be interpreted in light of new facts and situations. On this latter aspect, Sir Keith asked us to consider: What about the regulation of the water for environmental purposes? For this, he explained that, despite the fact that the majority of agreements on water deal with navigation and boundary demarcation, in the last few decades, the focus of treaty-making has shifted to responsible use, protection and conservation of water resources. This has resulted in the growth of international policies and measures on Environmental Impact Assessment (EIA).   Limits and possibilities of adjudication and arbitration According to Sir Keith, due to the nature of water disputes, there still remain some limitations concerning their adjudication and arbitration. One simple example: it is not possible for a court to predict and say how the water resources must be used in the future. Despite the diverse limitations present in each case, there are some ways in which tribunals can help the parties. To explain this, Sir Keith referred to two specific cases. The first is Argentina-Uruguay regarding the construction of pulp mills on the River Uruguay. Despite the parties setting up a commission for the management of the river; the members were unable to reach a conclusion in some aspects. Therefore, by the end of the judgement, the court indicated that, although it is not possible to define everything in a treaty or a piece of jurisdiction, the court can help to set procedures. On the other hand is the case of Chile-Peru. According to Sir Keith on this subject, the court couldn’t solve the problems related to the limitation of the boundary over the sea; partly because of the technical debate that it would produce. Hence, the court called attention to the positive and good relations historically shared between the parties. Therefore, and despite some differences, it was easier to reach an agreement between the parties and solve the case.   Management of international water disputes Management of international water disputes covers a range of different aspects; among them are the delimitation of boundaries and access to and use of water resources. One of the most difficult items to address is the quota of fish allowable catch between countries that have been traditionally or recently fishing. Conclusion: as a main conclusion Sir Keith emphasized that international law is important, as well as courts, tribunals and arbitration. However these have their own limits and challenges. Therefore it is necessary to continue working on them jointly as a process.   The Permanent Court of Arbitration and International Water Disputes As part of the lecture, Ms. Judith Levine, a senior legal counsel of the Permanent Court of Arbitration (PCA), delivered a second speech on “The Role of the Permanent Court of Arbitration in International Water Disputes”. In her lecture, Ms. Levine gave a general introduction to the work of the PCA on international water disputes. For this she explained the following three key aspects: -The PCA is an intergovernmental organisation that provides permanent support to arbitration and other dispute resolution proceedings. Also, it is composed of three main structures: 1. Administrative Council (116 Member States), 2. Members of the Court, 3. The International Bureau. -Since 1995 the number of cases has increased. At present, the PCA has 93 pending cases. Among them, six are inter-state cases, which are the type of disputes that were envisaged in The Hague Convention of 1899 where arbitration was seen as an alternative mean for disputes and war. The rest of the cases are in one-hand mix disputes involving private parties and in the other states and non-governmental organizations. Among the highlighted cases on international water disputes are: Netherlands-France (2004), Guyana-Suriname (2007) and Indus Waters Kishenganga (Pakistan-India, 2013). -There are several international water instruments with reference to arbitration, including: the Convention on the Law of the Non-Navigational Uses of International Watercourses of 1997 (entry in force 2014), the 2003 Protocol on Civil Liability and Compensation for Damage caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters to the 1992 Conventions and the 2014 IBA Report on Climate Change & Justice, which recommends PCA environmental rules for UNFCCC disputes.  

Model of The Third Hague Peace Conference

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By Kerttu Henriksson.   Student organization Lunastrum is arranging a unique simulation ‘Model of The Third Hague Peace Conference’ on the 9th of May, 2015 at the Peace Palace, The Hague. Lunastrum is organizing the event along with partners such as The Hague University of Applied Sciences, Leiden University, UPEACE Centre The Hague, Peace Palace Library, and sponsors such as the Municipality of The Hague.   The Hague Peace Conferences of 1899 and 1907 were essential in gradually achieving international security by being among the first initiatives to regulate warfare by establishing rules of international humanitarian law. The importance of the conferences has not decreased; instead, the rapid change in warfare requires reforms in the international regulations. In addition to changes in warfare, the methods to address violations of international rules had developed since the negotiations of the first conferences. Through the establishment of The Permanent Court of Arbitration, the military tribunals, ad-hoc tribunals and the permanent International Criminal Court, today there are more ways to address issues arising from International Humanitarian Law. Lunastrum is now offering the students the opportunity to generate innovative ideas on how to improve the existing rules on international humanitarian issues. Exactly 100 years after the Third Peace Conference was meant to be held, but which was suspended due to the outset of the First World War, students are organizing a simulation enacting the Third Peace Conference. As in the two first conferences, the participants will negotiate as delegations about topics of International Humanitarian Law, namely rules regulating arms trade and international humanitarian intervention. A legal framework treaty will be drafted together by all delegations.Logo Model THPC According to Akif Baser, the chairman of Lunastrum: “We want to encourage students to develop inventive ideas to contribute to international security and justice. We also want to give the students a realistic idea about how difficult it is to negotiate and conclude on important but sensitive issues such as arms trade and international humanitarian intervention. Students and young professionals are the future and, therefore, it is essential to engage them into sharing their inspiring ideas about International Affairs.” Additionally, Lunastrum is organizing masterclasses for students on skills and topics relevant to the simulation such as negotiation, history of the Hague Peace Conferences and international security on May, 29th and April 6th, 2015. You are welcome to join the simulation as a student or young professional, or to review the proceedings as an observer. The simulation is held on the 9th of May, 2015 from 9.00 a.m. to 17.00 p.m. within the Peace Palace of The Hague, the Netherlands. For more information, please visit our website.

To be Honest… Finding Inspiration and Integrity in Public Service and Business

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By John Bierlee, Tax Department BIR,  Asian Development Bank. Are you satisfied with the current good governance and integrity policy in your country? This question often leads to reflection. Good Governance and Corporate Social Responsibility are essential policy components of any modern government and business. Integrity coupled with an active personnel policy ensures a strong backbone against the temptations of legal abuse or corruption. Although the constitutions of many countries are clear in promoting good governance and combatting corruption, still the implementation of a sustainable policy remains behind expectations. Many countries believe that integrity, transparency and responsible government are essential for the development of any country. It is the core of all functioning democracies, and a precondition for effective service delivery to citizens. This is easier said than done. Solely paying attention to the repressive side of the coin is not enough. It is equally important to develop effective preventive policies to promote and nurture good governance and integrity. Fortunately over the last years we have seen an increasing awareness that with a culture of good governance, democracies will become strong and trust in government high.
To be honest....
To be honest….
Based on a wide range of training programmes Henk Bruning recently published the book ‘To Be Honest…Finding Inspiration and Integrity in Public Service and Business’. The programmes in different countries are part of the anti corruption strategy en Rule of Law & Security programmes. Participants are elected political leaders, high managers and HRM officials. As a high official of the Albanian Ministry of State and Local Issues stated: “The book ‘To Be Honest…’ absolutely is a good toolkit that can help governments and institutions to fight corruption successfully”. It became clear that everyone meets moral dilemmas and that responsible governance is not a utopia, but a strong wish. Modern government depends on a constructive, loyal but critical collaboration between elected officials and professional civil servants. With Corporate Social Responsibility (CSR) business companies could be partners in reducing corruption. Integrity is not only one’s individual responsibility for moral justice, but stimulates an open culture and a binding organizational structure that encourages people to act effectively and morally just. Like a cook, you need a recipe how to apply good governance and CSR in public organizations and companies. Looking in the kitchen of your colleagues you learn from daily practice in different countries. Good governance, CSR and integrity keep sensitive issues on the international agenda. That’s why a diplomatic but consistent approach is needed to enrich the policy of your country to keep the confidence of your citizens. Knowing the art to be honest.   Title: To Be Honest… Finding Inspiration and Integrity in Public Service and Business 162 pages ISBN: 978-94-9106-12-4 Contact Henk Bruning, author International expert and trainer Integrity, Good Governance/CSR and HRM www.henkbruning.nl +31 65515 79 16 henkbruning@me.com

Princess Margriet Award 2015

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By European Cultural Foundation (ECF).   The European Cultural Foundation (ECF) awarded the 2015 ECF Princess Margriet Award for Culture to two courageous cultural institutions – the Athens Biennale (Greece) and the Visual Culture Research Center (Ukraine). Attended by more than 350 international guests, the award ceremony was hosted by ECF’s Director Katherine Watson at the Centre of Fine Arts, BOZAR, in Brussels. The laureates received the award from HRH Princess Margriet of the Netherlands, while the opening speech was given by HRH Princess Laurentien of the Netherlands, ECF’s President. “What culture can do – and does – is put the issues on the table, visualising the different angles, opinions and facts pertaining to the issues at hand and then creatively visualising the very core of the problem and alternative solutions”, said Princess Laurentien. During his introductory remarks, Frans Timmermans, First Vice-President of the European Commission, said: “One of the biggest challenges in Europe today is that we are all very good at speaking but we are not so good at listening”. The international jury – which includes Tate Modern Director Chris Dercon and Columbia Global Centers Programme Manager in Turkey Rana Zincir Celal – praised this year’s laureates, who were chosen from a shortlist of candidates nominated by experts from across Europe. “Both Kiev and Athens are cities that are being redefined, in fact their struggles are highly representative of struggles elsewhere in Europe and beyond. In this complex period of redefinition, the laureates are ensuring that culture, expression and freedom are part of the formulation of new trajectories.” In their laudatio, special guests Georg Schöllhammer (Editor in Chief of the magazine springerin – Hefte fur Gegenwartskunst in Vienna and Head of tranzit.at) and Adam Szymczyk (Artistic director of documenta 14) also spoke highly of the two laureates. The award ceremony, and subsequent reception were likewise attended by HI&RH Princess Astrid of BelgiumThe Duchess of Modena, Archduchess of Austria-Este and her daughter-in-law, HI&RH Archduchess Elisabetta of Austria-EsteHereditary Princess of Modena, wife of Amadeo of Belgium as well as Royal Dutch bilateral ambassador to Belgium, HE Mr. Henne Schuwer.   For a photo-album on the event, please click here: https://www.flickr.com/photos/121611753@N07/sets/72157651342189849/   About the laureates
ECF+Princess+Margriet+Award+for+Culture+2015_photo+Maarten+van+Haaff2
ECF NS Princess Margriet Award for Culture 2015. Photography by Maarten van Haaff.
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ECF Princess Margriet Award for Culture+2015. Photography Maarten van Haaff.
The Athens Biennale has re-imagined the model of the art biennale as a collective space for cultural debate and grassroots organising in contemporary Greece – encouraging wider civic engagement and solidarity locally and internationally. The most recent biennale in 2013 was organised in the format of an agora for contemporary times. The biennale took an innovative collective curatorial approach that breaks radically from a consumer-oriented model of exhibition-making, demonstrating the power of self-organisation and building common ground through culture.   The Visual Culture Research Center (VCRC) was founded in the Ukraine capital of Kiev in 2008 as a platform for collaboration between academics, artists and activists and is making an unprecedented contribution to the regional cultural debate. Led by a dynamic and engaged group, the centre connects diverse audiences from Ukraine and beyond, helping to develop a more complex understanding of how art and critical cultural thinking can equip us with skills like open-mindedness and imagination that are so vital to a progressive democratic society. The award ceremony was preceded by a conversation with the laureates about their work, moderated by Massimiliano Mollona, London based theorist and writer, in a thought-provoking exchange reflecting on situations of crisis and the way their cultural practices are a means for rethinking Europe’s public sphere from its so-called peripheries. Mollona delivered a lecture at KU Leuven in Brussels the morning after the award ceremony entitled Value Struggles: Precariety, informality and the new European urban commons.  The ECF Princess Margriet Award for Culture – a tribute to HRH Princess Margriet of the Netherlands, who served as ECF’s President from 1983 to 2007 – is given to European cultural change-makers whose work shows the power of cultural engagement in making social and political change possible. First presented in 2008, the annual Awards have been won by trailblazing activists, choreographers, theatre and film-makers and visual artists – ranging from the renowned late cultural theorist Stuart Hall to Romanian artists Dan and Lia Perjovschi. The laureates between them receive prize money of € 50,000. A full list of Princess Margriet Award jury members for 2015 includes: Bojana Cvejić (performance theorist and maker, Brussels/Belgrade) Chris Dercon (Director, Tate Modern, London) Christian Esch (Director, NRW Kultursekretariat, Wuppertal) Rana Zincir Celal (Programme Manager, Columbia Global Centers Turkey and Executive Board Member, Anadolu Kültür, Istanbul) Saskia van Stein (Artistic Director, Bureau Europa, Maastricht) A full list of Princess Margriet Award for Culture laureates 2015 Athens Biennale | Visual Culture Research Center 2014 Teodor Celakoski | Teatro Valle Occupato 2013 Yoel Gamzou | Lia & Dan Perjovschi 2012 Charles Esche | John Akomfrah 2011 Kutluğ Ataman | Šejla Kamerić 2010 Borka Pavićević | Stefan Kaegi 2008 Stuart Hall | Jerôme Bel & Pichet Klunchun For more information:  European Cultural Foundation: www.culturalfoundation.eu  Princess Margriet Award: www.princessmargrietaward.eu Athens Biennale: www.princessmargrietaward.eu Visual Culture Research Center: http://www.vcrc.org.ua/en.htm  European Cultural Foundation (ECF) By collaborating with creative intellectuals and artists from all over the world, ECF has been a staunch supporter of culture in Europe for the past 60 years, believing that culture engages people and can inspire them to solicit new approaches to established concepts of democracy. ECF considers the power of culture to be an essential component in the creation of a more open and inclusive Europe. In her capacity as ECF President, HRH Princess Laurentien of the Netherlands is an active proponent of ECF’s mission.  All photographs Maarten van Haaff (http://www.maartenvanhaaff.nl/      

Armenia: a country rich in history, traditions and opportunities.

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By Her Excellency Ms. Dziunik Aghajanian, Ambassador of the Republic of Armenia.   Armenian -Dutch connections go back into the depth of history. Sint Servaas, an Armenian-born bishop from 4th century, is patron saint of Maastricht and the towns of Schijndel and Grimbergen. Gent still honors the memory of St. Macarius, an Armenian thaumaturge who died there in the eleventh century. Over half a millennium Armenians were trading with the Dutch and had well-established communities around the country. A Dutch writer states in ” De Amsterdammer ” magazine of 14 August 1887 that “The story of the Armenian community is a golden page in the history of the city of Amsterdam.” Despite the historic connections, the relationship between Armenia and the Netherlands are still in early stages of development. It started in 1992, as Armenia regained its independence after six centuries of statelessness. The cooperation then focused mainly on assistance to Armenia as part of the Dutch constituency in IMF and World Bank. It is only recently that the cooperation has shifted towards bilateral economic partnership. Yet there is an untapped potential that could easily develop given the many similarities between our peoples. Both the Dutch and the Armenians are well-known for being trading people with big networks, both are heavily reliant on the human capital given the natural restrictions, both have relatively small countries and are focusing on innovative approaches to maximize the possibilities for advancement. Yet the geopolitical situation that Armenia faces- the continued blockade by Turkey and Azerbaijan, the escalation of ceasefire violations around the Nagorno-Karabakh Republic, the persistent geopolitical tensions in the South Caucasus and inoperative communication infrastructure in the region create almost insurmountable difficulties for rapid development of a landlocked country like Armenia.
Armenian Ambassador
H. E. Ms. Dziunik Aghajanian, Ambassador of the Republic of Armenia to the Kingdom of the Netherlands.
  The resilience of the Armenian people is more apparent now than ever. Hundred years from the day when the Armenian genocide was perpetrated in the Ottoman Turkish Empire with the purpose of wiping out Armenians and all Armenian traces from their homeland, Armenians are proud to stand with a strong and prosperous Diaspora enjoying respect in all the countries where they found refuge. About two decades after a devastating earthquake that took the lives of more than 25000 people leaving one-third of the country in total devastation and over half a million people homeless, over 400000 refugees fleeing the massacres of Armenians in Sumgait, Kirovabad and Baku, and a war unleashed by neighboring Azerbaijan to stifle the peaceful drive of Armenians in Nagorno Karabakh for self-determination, the collapse of the Soviet economic system and the blockade by the neighbors that through the economy to a total standstill, Armenia, today, presents itself as a middle-income country with diversified economy registering growth despite the world financial crisis hitting hard. Reforms carried out in the country have created beneficial environment: Armenia ranks thirty-seven in WB’s 2014 “Doing Business” index, 2013 Index of Economic Freedom by Heritage Foundation rates Armenia thirty-eight, greater than global average. It is considered to be a good place to do business especially in the areas considered to be priority for Armenia’s development: IT, precision engineering, agriculture, especially horticulture, tourism, health and education, biotechnology and pharmaceuticals. Highly-skilled labor force and emphasis on innovative technologies generate competitive advantages for all those creating partnerships in Armenia. Armenia, blessed with nine climatic zones in a relatively small territory, with rich history, culture and traditions, diverse flora and fauna presents multiple possibilities for traditional and ecological tourism, an area which can be very attractive to the Dutch people. The recent archeological discoveries – the oldest known winemaking facility, dating back to 6100BC, and the oldest, 5000-year-old leather shoe add on to the existing historic and natural attractions in the country. Hundreds of Medieval churches dotting the Armenian landscape are of immense interest to tourists that have a fancy for the early Christian history and architecture. Creative zeal of the Armenian people well-known for its hard-working nature can be a good basis for establishing businesses and tapping into abundant research opportunities. Unique soil and climatic conditions, the limited use of chemical fertilizers make the Armenian agricultural products much appreciated in the export markets because of their high quality. The recent years have seen surge in horticulture and aquaculture in Armenia. Vegetables, trout, sturgeon, red and black caviars are some of the products highly sought in export markets. Alcoholic beverages, world famous Armenian brandy, natural juices, grape and fruit wines are expanding their markets as well. The Armenian beer, produced in Armenia from ancient times, the oldest records of which can be found in Xenophon’s “Anabasis”, has been rediscovered and is gaining more ground, too. Armenia’s recent joining the Eurasian Union and privileged trading status with USA and the EU creates unequaled opportunities for becoming an economic bridge between the two markets.      

New dismissal law for Embassies and Consulates

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By Jan Dop *.   There have been major changes to employment law in the Netherlands in 2015, and even more changes are yet to come. These changes include strengthening of the legal position of flex workers, and reforming dismissal law. Some of the changes will have serious consequences for the locally hired personnel of Embassies, Consulates and Diplomats. We will discuss these amendments in a series of articles in Diplomat Magazine. Previous articles dealt with fixed-term employment contracts and the tightening of the regulation regarding successive fixed-term contracts. This article will deal with the consequences of the introduction of two mandatory dismissal procedures as from 1 July 2015.   Permission and consent required for dismissal Up until 1 July 2015, Embassies and Consulates can terminate an employment contract without permission from the UWV or prior consent from the employee. Due to the abolition of the Labour Relations Special Decree 1945, this exception will disappear. As from 1 July 2015, consent from the employee will be required, for instance in the form of a termination agreement, otherwise one of the two mandatory dismissal procedures will have to be followed: either via the UWV or via the subdistrict court, depending on the reason for the dismissal.   Termination agreement The basic principle of the new regulation is that employer and employee will agree by mutual consent on the termination of the employment contract. If they don’t come to an agreement, the mandatory dismissal procedure must be followed. The prohibition against termination in the event of illness will remain effective, and so the risk will still remain after 1 July 2015 that the employee will call in sick to prevent termination. The employer can prevent this by starting termination proceedings before the negotiation process. Another innovation is that the employee will be given a reflection period of two weeks after he has consented to his dismissal. This means that if the employee agrees to the termination of the employment contract by signing a termination agreement or by giving his consent in writing, the employee will be given a 14-day period to think the matter over. Within this period the employee is entitled to withdraw in writing his consent to the dismissal without giving any reasons. The employer must notify the employee of this reflection period in writing within two days after the termination agreement has been signed or after the employee has agreed to the dismissal. If that does not happen, the reflection period will be extended to three weeks. The following submission will deal with what kind of dismissal procedure will be mandatory in what kind of situation. * Jan Dop, LL.M. is a partner and Head of the Embassy Desk at Russell Advocaten (embassydesk@russell.nl). More information about the expertise at Russell Advocaten for Embassies, Consulates and Diplomats can be found at: www.russell.nl.      

The challenge of setting a democratic system, highlighting the Tunisian exception

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By His Excellency, Karim Ben Becher, Ambassador of the Republic of Tunisia.   Four years after the peaceful jasmine revolution, Tunisia has developed as an example of a peaceful democratic transition and political compromise with a new progressive Constitution and free and fair well-organized legislative and presidential elections in 2014.   An unprecedented political transition to Democracy was triggered starting from January 2011, led by transitional governing institutions, political actors and civil society representatives who agreed on a broad framework for a participatory and inclusive democratic transition process, including elections for a National Constituent Assembly (NCA) in October 2011, mandated to draft and adopt a new democratic Constitution. In a second step, transitional Authorities have organised in the period of October-December 2014, new free general elections based on the provisions of the new Constitution.This development led observers to talk about a ‘Tunisian exception’.   Political process At first, an independent election commission organized free multi-party elections on October 23th, 2011, of the members of the National Constituent Assembly, NCA, that was tasked to draft a new constitution. The NCA appointed also an interim Government and an interim president. Starting from 2013 a National Dialogue process was developed serving as a framework for free dialogue between political actors with the facilitation of a quartet of civil society organizations. This process became an important institution for resolving differences, and making compromise agreements at first, about key issues in the constitution being discussed inside the National Constituent Assembly (NCA). The NCA adopted finally a new Constitution on January 26th 2014, which was regarded by the international community as the most progressive in the region, setting the rules for a fully democratic regime, providing for a democratic civil nation, the freedom of conscience and belief and establishing gender equality. In order to bring political, social and economic stability to the country, both ruling and opposition parties agreed in the framework of the National Dialogue institution to designate Mehdi Jomaa as an interim Prime Minister. A new caretaker cabinet of technocrats was approved by the NCA, on 29 January 2014, with the task to maintain security, engineer economic reforms and organise legislative and presidential elections by the end of the year in accordance with the provisions of the new constitution. Observers were unanimous to consider that the National Dialogue contributed significantly to the success of the democratic process in Tunisia, getting the country out of a political deadlock, and creating a compromise between electoral and consensus legitimacies. It is regarded, finally, as a real commitment by all political parties involved to look for common solutions through negotiation and mediation The contribution of the Mehdi Jomaa Government to the country’s transition into democracy was crucial. By organising free and fair legislative elections in October 26th  2015 and then, the presidential elections in two rounds in November 23rd and December 21st , 2014, through an Independent High Authority for Electionsthe country has nowadays a new Parliament and President, thus becoming the only country in the region to have peacefully achieved a democratic transition process since the beginning of the Arab Spring in 2011. It is regarded as a unique example of free elections, free press and active civil society. On February 5th, 2015, Tunisia’s newly elected ‘Assembly of the Representatives of the People’ approved a coalition government headed by the Head of Government Habib Essid. This new government proved that Tunisia is stepping toward pluralism and stability in the framework of the second republic. The government had to push through a broad range of economic reforms, preserve the security conditions and continue the fight against extremism and terrorism. The success of the democratic transition and continued economic reforms are expected to boost economic growth and favour social stability. The prospects for partnership and investment in Tunisiaare very positive. Big investment projects in infrastructure and energy were presented during the international conference “Invest in Tunisia, a start-up democracy”, held in Tunis in September 2014.
H. E. Karim Ben Becher, Ambassador of Tunisia.
H. E. Karim Ben Becher, Ambassador of the Republic of Tunisia.
 Bilateral relations with the Netherlands Bilateral relations with the Netherlands have grown steadily since the outbreak of the Yasmine revolution in Tunisia resulting in closer cooperation relations in the context of the democratic transition process, the consolidation of capabilities and reforms to meet the development challenges ahead such as unemployment, regional development and boosting economic growth. High level visits were organised in order to give a fresh impetus to bilateral relations, such as the visit of the Tunisian Minister of Foreign Affairs, Mongi Hamdi, to the Hague in September 2014 and the recent visit of Mrs Liliane Ploumen, Minister of Foreign Trade and Development Cooperation in Tunisia with a view to strengthening cooperation relations, economic exchanges and promoting direct investment and partnership. There are much room to further develop economic exchange, trade relations, partnership and investment with the Netherlands. Tunisian and Dutch companies should be encouraged to make additional efforts in this regard. There are opportunities particularly in the agricultural sector, horticulture and food products processing, infrastructure and energy sectors . The “Cartago” exhibition organised in the National Museum of Antiquities in Leiden, November, 27th2014-10 May 2015 , is a landmark in the bilateral relations. It is being held for the first time in the Netherlands and presents the history and archaeological treasures of the ancient Carthage. The exhibition presents an overview of the rich cultural heritage of Tunisia dating back to ancient times, and represents a basic factor for the promotion of Tunisia as a leading tourist destination at the south shore of the Mediterranean with sunny beaches, a rich history and typical hotel resorts with thalasso, and world class golfing sites. We are confident that more and more Dutch tourists will enjoy their stay in Tunisia thanks to its rich cultural heritage, its natural beauty and its numerous tourist attractions.        

Common European Asylum System and International Protection in Greece

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  By Her Excellency Mrs. Teresa Paraskevi Angelatou, Ambassador of Greece to the Kingdom of The Netherlands   As we celebrated, few days ago, the 20th anniversary of the entry into force of the Schengen Convention, countries like Greece, being on the European border line, understand better than others common security as well as common European asylum issues. The Schengen Convention made it possible for citizens to travel freely to visit friends and family, make business trips or visit other Schengen countries as tourists, without giving up on security. The Common European Asylum System made it possible for any alien or stateless person to seek international protection out of fear of persecution due to race, religion, nationality, etc. Facing the immense challenge of a large flow of irregular migrants in the recent years, Greece has accelerated the implementation of actions for the establishment and functioning of the new Asylum Service in 2013. This new Service is independent and is operated by civil servants trained by specialists in the field with the cooperation of UNHCR and EASO, the European Asylum Support Office. Establishing a “fair and efficient” asylum system is an integral part of a modern and comprehensive management policy of migration flows. A fair but speedy asylum procedure, as the one being implemented nowadays in Greece, ensures that purely economic migrants have no reason to resort to the asylum system, since they are aware that their claim will be denied shortly, while actual refugees receive the protection afforded by international conventions and national law within a reasonable time frame. The distinction between economic migrants and refugees is a complex process. Migration flows towards Greece are “mixed”, since the refugees and the economic migrants use the same transit routes and entry points to get into the country. Both often lack legal documents or identity documents, thus turning to networks of facilitators so as to avoid border controls, rendering the recognition and verification of their country of origin and their need for international protection extremely difficult. As far as the asylum seekers are concerned the case workers can understand, using specific methods and “tools”, which is their country of origin and determine through the asylum procedure, which ones are refugees. Not all irregular migrants request asylum. International experience shows that the better and more complete the official information provided to the third-country nationals relating to the legal framework for international “protection” is, the fewer non-refugees will apply for asylum. On the contrary, when the main source of information of third-country nationals is, for example, the illegal trafficking and exploitation networks, then there is a rise in international protection claims without valid reasons. Greece has been a country of origin of refugees and migrants for many decades. During the last twenty years Greece has been turned into a country of destination and entry into the EU, due to the political and economic stability as well as due to its geographic location, which makes it a natural crossroads between the countries of northern and central Europe and the countries of Asia and Africa. Therefore it is very important to have a reliable asylum procedure as part of a comprehensive management system of migration flows, which will secure the refugee from the dangers in his country of origin, as well as our country from any exploitation of this process from persons who are not entitled to receive protection. Apart from the speedy processing time, the Asylum Service lays particular importance to the quality of its procedures and, especially, of the decisions it issues. Emphasis is given to the correct information imparted to persons interested in asylum, to the asylum seekers and to the beneficiaries of international protection. In addition, every effort is made to ensure all the rights stipulated in national and European legislation. In the course of its first eighteen months of operation (from June 2013 to November 2014), the Asylum Service has registered 13,289 applications for international protection. The asylum seekers who submitted their applications in Greece during the aforementioned period originate from 96 different countries. The main countries of origin are Afghanistan, Pakistan, Albania, Syria, Bangladesh, Georgia, Egypt, Nigeria, Iran, Sudan and Eritrea.