Rule of Law trainings in The Hague prove their effectiveness in the Balkan region

0
                            By: Sanae Hamzaoui, Project Manager Education & Events. It happens every year. A flow of young professionals (judges, prosecutors and civil servants) come to The Hague, the legal capital of the world, and get equipped with up-to-date knowledge and skills to strengthen the rule of law in their own countries.  At the Asser institute, we know this quite well: since 2012 and until the end of 2015, together with two partner’s organisations Ecorys and The Hague Academy for Local Governance, we organise a series of trainings in The Hague on pre-accession and rule of law. Through this programme, our sponsor, the Netherlands Ministry of Foreign Affairs, aims to promote institutional capacity- building in the field of the rule of law within government organisations in the target countries (Albania, Bosnia-Herzegovina, Kosovo, Macedonia, Montenegro, Serbia and Turkey) using the Dutch experience and best practices. Another important objective of the trainings is the creation of networks among the participants. The past three years have seen a large number of alumni (almost 600 up to October 2014) and the challenge of keeping all of them “in touch” and enabling them to continue sharing their experiences needed to become a reality._MG_8824 It is with great enthusiasm that the Asser institute has responded positively to the request of the Dutch government to implement a follow-up project that would involve the participating countries and all alumni. The idea of organising a series of events in the region appeared to reach the objectives well: a roundtable where selected alumni would share experiences since their passage in The Hague, followed by a reception where other organisations and embassies in the host country will gather and network. Five Matra Patrol countries have been chosen to host the roundtables each one with a different topic. On November 7, 2014, we kicked off this follow-up project in Ankara by discussing “Process of Harmonization with EU standards”, quite relevant for Turkey at the moment. Our first surprise was how “our” alumni reacted to our invitation: would you be able to attend a one-day event, and give a short presentation with colleagues from your country (colleagues who attended one of the Matra Patrol trainings in The Hague but not necessary the same one)? Yes, yes and yes! Not only alumni were delighted to meet and greets their friends again but they are particularly keen to share their experiences and discuss deeply all aspects of their daily work related to the given topics. The same goes for Tirana, where the second roundtable took place on another interesting topic: “Judicial cooperation in the region: criminal and civil law matters”. Again, the attendees list astonished us: alumni, representatives from relevant organisations, ambassadors of the invited countries. The Netherlands initiative is welcomed by everyone. At the moment, our alumni are gathered in Skopje, and the last two events will be held in Sarajevo and finally Belgrade. At the end of the project, a virtual platform will be created where all participants will be connected and sustainable network will be facilitated.   

The first declaration of Human Right in the Peace Palace

0
By the Dr Ali Fahimdanesh, Legal Adviser of the Embassy of the Islamic Republic of Iran in the Netherland [1]. On the first of December 2014, H.E. Mr. Alireza Jahangiry, Ambassador of the Islamic Republic Iran and the Secretary-General of the Hague Academy of International Law, Prof. Yves Daudet unveiled a replica of Cyrus Cylinder at the Peace Palace, The Hague, where the International Court of Justice (ICJ), the Permanent Court of Arbitration and the Hague Academy of International Law have their seats. The gift, a 22.5 x 10 cm replica of the clay cylinder kept in the British museum, London, was presented to the peace palace by the Government of the Islamic Republic of Iran and in view of its nature it is placed in the Building of the Hague Academy of International Law. During the ceremony, speeches were made by H.E. Ambassador Jahangiry and, the Secretary-General of the Hague Academy, Prof. Yves Daudet and the General Director of the Carnegie Foundation Mr. Steven van Hoogstraten. At this juncture, I would like to briefly touch upon the story of the Cyrus Cylinder, a human rights charter belonging to the ancient Persia, also described as the First Declaration of Human Rights;
  1. Cyrus the Great (585-529 BC), the Iranian Emperor and founder of the first Persian Empire carved the First Declaration of Human Rights on this cylinder. Cyrus is admired more as a liberator than a conqueror of his vast empire because of his respect for human rights and humane treatment of those he ruled. Cyrus gives account of how he achieved this with the aid of Marduk, the god of Babylon. He then describes measures of relief he brought to the inhabitants of the city, and recounts how he returned a number of images of gods, which Nabonidus had collected in Babylon, to their proper temples throughout Mesopotamia and western Iran. At the same time, he arranged for the restoration of these temples and organized the return to their homelands of a number of people who had been held in Babylonia by the Babylonian kings.
  2. The Cylinder is an important document for the following reasons. Firstly, it records that Cyrus occupies Babylon peacefully, preventing bloodshed and looting; secondly, it says that Cyrus absolved the inhabitants of the city from forced labor which had been imposed upon them by the Babylonian kings; thirdly, Cyrus says that he sent back god statues to the shrines from which they had been removed; fourthly, he sent deported peoples to their homelands. The first Charter of Human Rights in 1971 was translated in all the official languages of the United Nations and its provisions parallel the first four articles of the Universal Declaration of Human Rights.
  1. From ancient Iran, the idea of human rights spread quickly to other civilizations and has continued until contemporary ages through several famous documents which are the written precursors to many of today’s human rights documents. However, the roots of the human rights have been attributed to Greek civilization but it is clear that in present times, both the “Athenian Democracy” and the “human rights principles contained in Cyrus’ Proclamation” have merged in a way that democracy and human rights have become integrated and inseparable. No doubt that both Athenian Democracy and Cyrus’ Proclamation would then prove to be only two drops in the vast ocean of human rights aspirations. Only then could the ambiguity surrounding the universality of human rights be removed.
  2. Once it is understood that all civilizations result from constant interactions between cultures, the futility of some human rights misconceptions leading to a confrontational approach between cultures might fade away. Indeed, “tolerance and respect for diversity facilitate universal promotion and protection of human rights and constitute sound foundations for civil society, social harmony and peace.” Only then might a constructive dialogue between different cultures begin.
 
  1. This strategy requires some tangible action to overcome the new emerging challenges posing serious threats to mankind including poverty, famine, armed conflict, unprecedented loss of civilians, mostly women and children, violence and extremism. It is essential to uphold some fundamental principles such as rule of law and mutual respect and global support for a world against violence and extremism. It was in the same spirit that the President of the Islamic Republic of Iran proposed the resolution A/RES/68/127 entitled “World against Violence and Violent Extremism” at the 68th session of the United Nations General Assembly and gained a unanimous support and approval.
 
  1. The promulgation of a culture of dialogue is a key step towards the promotion and protection of human rights and the fight against extremism and violence. The “respect for the dignity of others” as an important point in this regards requires that “Human Rights Education” this world education take into account “other” civilizations’ experiences of egalitarian conceptions
In conclusion, as Cyrus the Great stated 2550 years ago, I also wish everyone the most profound peace, security, prosperity and progress without distinction of any kind such as race, color, sex, language, religion, national or social origin, property, birth or other status. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
[1]My comment in this article is based on a personal capacity and no in any official capacity as Iranian diplomat or Legal adviser.

Protocol is the modern currency of relationships

0
By Jean Paul Wyers, director of the Institute of Protocol The Hague. The Dutch and protocol; it is an ambiguous relationship. For many, protocol stands for unnecessary formalities but in my view protocol holds the future. Leaders and managers can only survive with a good network and by knowing the right people. In The Grant Study researchers came to a similar conclusion; “It is the capacity for relationships that predicted flourishing. Culture has become more attuned to the power of relationships.” The need for a good network has created the need for good network management, or protocol management as we call it.  A State Visit is much more than a meeting of two Heads of State. At all levels meaningful meetings are planned and protocol is used to structure all this. The private sector has the same need for meaningful meetings and thus for protocol management.   protocol-at-a-fashion-show-1024x764[1] There is another reason why protocol has a future. Time has become a luxury. Personal time is the greatest good we can give to someone. It is the modern currency of relationships. For example Banks divide their personal attention into several groups of customers: retail, preferred banking, private banking and private wealth management. The more interesting you are to the bank, the more personal attention is given to you. Modern protocol management offers an efficient and effective way of managing a network. It optimises those few moments of personal contact and maximises the added value that personalised attention can bring. Modern protocol officers are vital to the successful management of a network. The classic protocol officers will cease to exist, because they put the rules of protocol first. A modern protocol officer understands the greater picture, the goal of the meeting and even the strategy of the organisation. He or she is an expert in translating this into a different protocol every time. Modern protocol management is not only about protocol rules; it is about analysing, translating and finally applying. At the Institute of Protocol The Hague this has always been our vision and it has made us successful. The ambiguous relationship the Dutch have with protocol has provided us with some challenges, but it also resulted in a modern view on protocol.  

A Meeting of Minds: the Asser PhD Meeting in Private International Law

0
By Steven Stuij, LL.M., Researcher/PhD Candidate in private international law, T.M.C. Asser Instituut Private international law (PIL), also known as the conflicts of laws, is the field of (international) law that governs private law relations in a cross-border setting. It regulates the issues of applicable law, jurisdiction and the recognition and enforcement of foreign judgments. Multilateral unification in this field of law used to be the domain of the Hague Conference on Private International Law, but nowadays it attracts increasing attention from the EU as well. Several Regulations on PIL matters have already been enacted. Notwithstanding ongoing unification, a wide variety of issues is still unresolved. This was shown during a Meeting for PhD Candidates in PIL that was held at the Asser Institute on the 9th of October. Candidates of both Dutch and Flemish universities attended the meeting and presented a wide variety of interesting (PhD) topics.   Some of the issues were of a thematic nature, like the international aspects of employment in road transport. What is the value of protective rules for workers if so-called ‘letterbox companies’ can engage in a practice called ‘social dumping’? Another example was the liability of societies that classify sea ships, which led to an interesting debate as to the question how the regulation on international jurisdiction (“Brussels I”) should be applied.   Other topics concerned procedural law. The EU aims at a policy of ‘free circulation of judgments’, meaning that judgments of EU member states can be easily recognised in other member states. But what if the recognition of such judgment would violate human rights as enshrined in the ECHR? And what should happen to judgments from ‘outside’ the EU: is a European standard necessary for that? Interesting is the question how enacted instruments actually operate in practice. One of the participants presented a refreshing approach to this question by gathering empirical data on the operation of EU instruments that introduced uniform civil procedures, like the Small Claims procedure. Finally, some issues touched upon the very basis of choice-of-law rules. Does the fact that PIL is ‘Europeanised’ mean that a new methodology of PIL – i.e., a new paradigm of determining what law is applicable – is necessary? And if a national court finds that a foreign law is applicable, should the court ascertain the contents of that foreign law of its own motion, or can this matter be left to the parties? Though the topics seem to focus on EU PIL, the influence of The Hague in PIL is not yet over. In many issues the relations with third states are still very important and the EU will need their cooperation. And the Asser Institute, being located in The Hague, will continue to further inter-university cooperation, for instance by organising this kind of PhD meetings.            

Climate Change as Social Change

0
By Spanda Fondation. Climate change is among the most urgent problems affecting the world today. According to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), the concentration of greenhouse gases in the atmosphere is the highest in the last eight-hundred thousand years and, between 1880 and 2012, the temperature of earth’s surface and oceans has risen by almost 1° C. There is little time to step in and keep global warming below the 2° C-border, a point of no return for a process in which human footprint is the main cause. IPCC warns that, if the current change of the climate continues in the next forty years, the process becomes irreversible unless greenhouse gas emissions are drastically cut. The report, produced by eight hundred and thirty scientists worldwide, is the most comprehensive appraisal of climate changes yet undertaken and will be the framework in which international decision-makers will shape policies and conceive visions for the 21st session of the UN Conference of the Parties on Climate Change (COP21) taking place in December 2015 in Paris, where a new global agreement on climate management is expected to be adopted. The goal of the Conference is to achieve, for the first time in over 20 years of UN negotiations, a binding agreement on climate management from all the nations of the world. It will take the form of a protocol, an agreed outcome with legal force, relevant to all Parties. The agreement will be fully implemented from 2020 onward and will, hopefully, bear many positive effects. In a similar spirit, on November 12th, 2014, the US and China have signed an agreement to stop the growth of the carbon-emission by 2030. However, tackling climate change is a difficult task calling for a measure of decisiveness humans have repeatedly failed to muster. Since the 1990s, governments and international institutions have made a number of fruitless efforts to promote environment-friendly practice and means but, after years of spreading knowledge, today’s public awareness is only a few percentages higher than in 1989. Yet, engaging people on a personal level is integral for whatever global action.  After the release of the IPCC report, John Kerry, the US Secretary of State, spoke about catastrophe, danger, and dramatic consequences for the future generations. When questioned about the roles of US and China, the world’s biggest polluter states, he called for a collective action as “no single country causes climate change, and no one country can stop it.” Here Kerry fails to engage the individual, as he only frames climate change in a long-term and global perspective. Furthermore, as a recognised world-leader, Kerry’s words are disseminated through the ordinary media platforms without much critical approach; thus the individual becomes alienated from the issue at hand without a deeply-rooted motivation to engage personally in the public sphere in the name of climate change. First and foremost, climate change needs a social change: it is a global concern requiring both local and personal solutions. Without widespread voluntary participation, with no ordinary common sense and active citizenship, regulations, investments and mobilisation, all campaigns are doomed to fail. The problem-assessment needs wider social commitment through targeted actions aimed at enhancing public awareness: a skilfully executed communication that play well in mobilizing and sustaining civic action, in building a community that acts on res publica. In order to implement this transformation, people need not reduce living standards or lose available options. Humankind does not lack in knowledge, capital, and technologies to make the transition to a more climate-friendly economy and lifestyle: the instruments for a new environmental energy policy are already in place. The core of the problem lies with the political will, and with the inadequate translation of the point of no return, the 2° C-border, into a need for mandatory global commitment. Media should investigate climate change as a procedure to resolve the problem of future living conditions, stimulating people to build their own society they actually want to live in. Rather than pointing to drastic global slashes, dangers, and threats, the media should positively promote sustainable innovations. By facilitating public acceptance of regulation while stimulating grass-roots’ actions, a valid communication strategy can reconcile the top-down and bottom-up approaches regarding climate issues, synchronising the actions of decision-makers with the global community.  

King Willem-Alexander received Secretary General of NATO

0
By Aldo Rodriguez. King Willem-Alexander and Prime Minister Rutte welcome Mr. Stoltenberg, Secretary General of NATO His Majesty King Willem-Alexander of the Netherlands received Secretary General of NATO, Mr. Jens Stoltenberg, on Monday, November 24th 2014 at the Noordeinde Palace. Mr. Stoltenberg was in The Hague because of NATO’s Parliamentary Assembly which took place at the World Forum on November  21st through the 24th. Prime Minister Rutte received him later that day for a working lunch at the Prime Minister’s residence, to discuss the international security situation and the implications of current trends for the alliance following the NATO summit in Wales earlier this year. It is the Secretary General’s first official visit to the Netherlands since taking office on October 1st 2014.

The Netherlands sell food expertise at World Expo 2015 in Milan

0
Food and related issues is the central theme of the Dutch submission to the World Expo 2015 (Milan 1 May – 31 October). By way of a unique public private partnership The Netherlands will demonstrate its world leadership in many food and agricultural sectors. The Netherlands will also show how it deals with issues such as food security, ecosystems, biodiversity, animal welfare, genetic modification and the application of nanotechnology. image001 The Dutch pavilion will carry the name Holland Delta to pinpoint the link between water, land and food in our country. A special business programme will be offered at the monumental Museo Leonardo da Vinci in central Milan, this programme consists of presentations, investor meetings, seminars, debates and matchmaking sessions in collaboration with the The Hague-based Museon, which will create a special interactive exhibition about food and Dutch food innovation. In addition, events will be organised in the Dutch pavilion of interest to general and business visitors. Demonstrations, a dynamic series of temporary exhibitions and discussion meetings will be organised about themes relevant to everyone. Naturally, tasting dishes won’t be forgotten. Scientists and food innovators will demonstrate that “new nourishment” is tasty as well. The Dutch participation is managed by an independent foundation (The Stichting World Expo Milaan 2015) which is supported, among others by the central government, the City of Rotterdam and other regional and local authorities, VNO – NCW (Dutch employers association), MKB Nederland (SME employers association), Europe Council (the Europe division of NCH, the Netherlands Council for Trade Promotion) and dozens of companies and knowledge institutes. The foundation will mobilise relevant and interesting knowledge and expertise from the private sector, research institutions and government bodies and develop partnerships. The foundation works in close collaboration with partner companies and organisations, which, for a fee will be able to book and fill time blocks and thematic activities. The foundation’s managing director Erik van der Schaft is glad that The Netherlands will participate in the Expo: “At last we’ve come to the point where we will contribute in a unique way which will do justice to Dutch food and agro expertise and our perspective on food-related issues. It’s fantastic a wide variety of organisations will collaborate. And beyond 2015 we will hopefully have an equally amazing World Expo 2025 in Rotterdam.”

Silk Road to beat Trans-Siberian

0
By Mete Erdurcan.  Picture: RIA Motor For years the most famous travelling route was considered to take you through-out Russia, however there is a route that outdates the Trans-Siberian Express; we mostly refer to it as the Silk Road trading route. China’s President Xi Jinping announced in Kazakhstan, in November last year, that there would be a $16,3 billion fund for investment in the infrastructure to revive the centuries-old Silk Road. The main goal appears to be for the poorer western regions of China to achieve more economic prosperity. Urumqi, the capital of western Xinjiang has a pivotal role to play according to Vice Premier Wang Yang. (Bloomberg News, 2014) Now, a year later, the first train is on its way, from its starting point in Yiwu, in Eastern China, towards Madrid, Spain. The 82-wagon cargo train will take approximately 21 days; pass through 6 countries on its 9,978 km road. The route is approximately 724 kilometers longer than the famous Trans-Siberian railway; however the cargo will have to relocate to different wagons, because different countries have different track gauges. The aim is to ‘reduce dependence on sea and air cargo transport’, according to China’s state press agency. It will also prove to be a proper alternative for transport from China, as it is faster than sea transport and cheaper than air travel. However, the costs are still higher than that of sea transport (approximately 20%), and some are concerned about the potential costs. The Chinese government seems more than willing to invest to make it more affordable, and believes that costs will drop in time; this is perhaps with the belief that ‘export and import values will increase’. In the meanwhile, the ‘recipient’ side of the railway, the Spanish Prime Minister Mariano Rajov stated that this would ‘boost the cooperation between China and Spain’. (RussiaToday, 2014) Will the new ‘Silk Road’ beat the Trans-Siberian railways, or will it prove to be too big of a project for only one country to be the major contributor of? Time will show if the new Silk Road will stand the test.    

Princes Carolina of Monaco launched AMADE Netherlands

0
Diplomat Magazine was specially invited to cover this event in Amsterdam. By the Private Office of Pieter Bogaardt. In presence of HRH The Princess of Hanover, Princess Caroline of Monaco AMADE Nederland was launched on the 7th of November in the Rijksmuseum in Amsterdam. AMADE Nederland is a Dutch charity organization under auspices of AMADE Mondiale, the largest charity organization in Monaco, incorporated on the initiative of the late Princes Grace, since 1993 chaired by Her daughter Princess Caroline of Monaco, standing up for the most vulnerable children in the world regardless nationality, origin, or religion all over world trying to improve their surroundings in terms of healthcare, education and the protection of their rights. AMADE Mondiale initiates aid campaigns independently or supports aid programs in cooperation with other aid organizations and operates through a network of local AMADE branches in several countries on almost each continent. AMADE Nederland is the latest branch, only recently incorporated on the initiative of Mr Pieter Bogaardt, member of the Board of Directors and of the Executive Committee of AMADE Mondiale in Monaco, and successfully launched at the Rijksmuseum in Amsterdam. Mr Pieter Bogaardt is also involved in the governance of AMADE Nederland as vice president. Princess Caroline was accompanied by HE Gilles Tonelli, Ambassador for Monaco in Belgium, Luxembourg and The Netherlands, and by Mr Pieter Bogaardt. The gala event was dedicated to the worldwide campaign of UNHCR, “Time to Act”, in support of the Syrian refugee children, with the aim of preventing a lost generation and breaking the barriers of access to education and health care, as AMADE has made a commitment to join this campaign. By the end of October last an AMADE delegation was invited by UNHCR to visit Za’Atri, a Syrian Refugee camp in Jordan in presence of Mr Pieter Bogaardt, Mr Jerome Froissart, Mr Aldo Verbruggen. After the speech of Mr Aldo Verbruggen, president of AMADE Nederland emphasizing the urge of acting now in supporting the Syrian refugee children and perfectly illustrating by what he has seen when visiting Za’atri, Mr Daniel Endres, Director External Relations UNHCR, explained the role of UNHCR in this terrible conflict, the Syrian refugee children can do nothing about. Other high representatives of UNHCR and high level Dutch guests from the financial, industrial and art scene attended the gala event as well. Princess Caroline and all guests had the opportunity to admire the highlights of the Rijksmuseum before diner in the magical setting of the Gallery of Honor facing Rembrandt’s Night Watch, enlivened by light classical music of a Dutch string trio, “Het Spieghel” and a great performance of “The 7 Tenors” of London. The gala event ended with an auction of high quality items, such as a signed tennis racket of Novak Djokovic, a bronze sculpture of Arman, a beautiful sculpture of the Dutch well known Kees Verkade, a weekend in the London Bulgari Hotel and a weekend at Plaza Athénée in Paris, a bag of Gucci and a beautiful art work of the world famous Marc Quinn, “Toposphere”, led by Jop Ubbens, auctioneer and director of Christie’s Amsterdam. Thanks to the guests offering high amounts for the items, the auction was very successful! The major part of the revenue of the event will be donated for the benefit of the Syrian child refugees in the camps in Jordan The other part of the revenue will be donated to an educational project of the Rijksmuseum giving Dutch children a chance to see the Night Watch before the age of 12. Charity is a never ending story. With the contribution of donators AMADE hopes to make the life of some children a little better. Find out more about AMADE and visit the website (www.amade-nederland.comwww.amade-mondiale.org). December 1, 2014  

Indonesian ambassador becomes Minister of Foreign Affairs

0
Indonesian ambassador to The Netherlands, becomes Minister of Foreign Affairs By Anton Lutter. Retno L.P Marsudi has been appointed the first female minister of Foreign Affairs in Indonesia’s history. President Widodo, popularly known as Jokowi, said Retno “works hard and is firm and visionary”. She was one of eight women in the new cabinet which was inaugurated in Jakarta on monday the 27th of october.  Indonesia is world’s most populous Muslim-majority nation. The new foreign minister said “pro-people” diplomacy would be the soul of Indonesia’s foreign policy, a shift in focus from former president Susilo Bambang Yudhoyono’s principle of a “thousand friends, zero enemies” — which was translated into the country’s increasing presence and roles in international forums. Retno´s career as a diplomat started after she graduated from Gadjah Mada University’s international relations program in 1985 and joined the ministry’s diplomatic service. Later she became the ambassador to Norway and Iceland, in 2005-08. She then returned to Indonesia to continue her career in the ministry as Director General for America and Europe. In janauary 2012 she became ambassador to The Netherlands.