The traditional hike is done over the course of two days along the Timpohon Gate path, and is suitable for hikers of any level. Indeed, our tour group passed children as young as 10 and adults nearing the age of 80!
On the first day, your guide will take you on a 6km trek your dormitory-style chalet, located at around 3250 metres above sea level. This scenic hike takes approximately 4 hours, after which you are rewarded with a warm buffet dinner and a few hours of rest.
Day two begins at 2am, when your guide comes to fetch you for your sunrise hike to the summit (Low’s Peak). This steep trek in the pitch dark will likely take you close to 3 hours, just enough time to reach the summit for sunrise. Be sure to bring layers along to protect yourself from the cold mountain air. Once at the peak, take the obligatory photo with the park sign marking a successful hike, take in the breathtaking views, and start the descent.
In fact, the most spectacular part of the hike awaits you on your way down, as you finally see the path you climbed up just hours earlier. The sharp descent makes for many picture-perfect moments, and your guide will be happy to take photos for you throughout your climb.
Once you reach the bottom of the mountain, we recommend a relaxing day at the spa before setting off to discover the rest of this vibrant region: visit the traditional Rungus in their longhouses, experience ecotourism in the Danum Valley, meet orangutans in Sepilok, and enjoy world-class diving off Sipadan Island.
Visit www.magiktours.com or contact us at info@magiktours.com for more information or to plan your next adventure holiday. Climbing Mount Kinabalu: For the Adventurers in Us All
By Katarina Daniels, MAGIK TOURS, Montreal
With the increasing popularity of adventure tourism, MAGIK TOURS gave me the opportunity to travel to the Malaysian state of Sabah, located on the northeast part of the island of Borneo. My mission was to climb Mount Kinabalu, the tallest peak in South East Asia, reaching 4,095 metres (13,435 feet) above sea level, and to discover the various adventure and cultural offerings of this exceptional part of the world.
A UNESCO World Heritage Site, Kinabalu National Park is one of the most important biological sites in the world, with flora of Himalayan, Australasian, and Indomalayan origin, and local fauna including orangutans and deer, and over 300 species of birds. Strict national park regulations function to protect the unique ecosystem; these regulations also require that you hike up the mountain with an accredited guide.
The traditional hike is done over the course of two days along the Timpohon Gate path, and is suitable for hikers of any level. Indeed, our tour group passed children as young as 10 and adults nearing the age of 80!
On the first day, your guide will take you on a 6km trek your dormitory-style chalet, located at around 3250 metres above sea level. This scenic hike takes approximately 4 hours, after which you are rewarded with a warm buffet dinner and a few hours of rest.
Day two begins at 2am, when your guide comes to fetch you for your sunrise hike to the summit (Low’s Peak). This steep trek in the pitch dark will likely take you close to 3 hours, just enough time to reach the summit for sunrise. Be sure to bring layers along to protect yourself from the cold mountain air. Once at the peak, take the obligatory photo with the park sign marking a successful hike, take in the breathtaking views, and start the descent.
In fact, the most spectacular part of the hike awaits you on your way down, as you finally see the path you climbed up just hours earlier. The sharp descent makes for many picture-perfect moments, and your guide will be happy to take photos for you throughout your climb.
Once you reach the bottom of the mountain, we recommend a relaxing day at the spa before setting off to discover the rest of this vibrant region: visit the traditional Rungus in their longhouses, experience ecotourism in the Danum Valley, meet orangutans in Sepilok, and enjoy world-class diving off Sipadan Island.
Visit www.magiktours.com or contact us at info@magiktours.com for more information or to plan your next adventure holiday.
The traditional hike is done over the course of two days along the Timpohon Gate path, and is suitable for hikers of any level. Indeed, our tour group passed children as young as 10 and adults nearing the age of 80!
On the first day, your guide will take you on a 6km trek your dormitory-style chalet, located at around 3250 metres above sea level. This scenic hike takes approximately 4 hours, after which you are rewarded with a warm buffet dinner and a few hours of rest.
Day two begins at 2am, when your guide comes to fetch you for your sunrise hike to the summit (Low’s Peak). This steep trek in the pitch dark will likely take you close to 3 hours, just enough time to reach the summit for sunrise. Be sure to bring layers along to protect yourself from the cold mountain air. Once at the peak, take the obligatory photo with the park sign marking a successful hike, take in the breathtaking views, and start the descent.
In fact, the most spectacular part of the hike awaits you on your way down, as you finally see the path you climbed up just hours earlier. The sharp descent makes for many picture-perfect moments, and your guide will be happy to take photos for you throughout your climb.
Once you reach the bottom of the mountain, we recommend a relaxing day at the spa before setting off to discover the rest of this vibrant region: visit the traditional Rungus in their longhouses, experience ecotourism in the Danum Valley, meet orangutans in Sepilok, and enjoy world-class diving off Sipadan Island.
Visit www.magiktours.com or contact us at info@magiktours.com for more information or to plan your next adventure holiday. King William-Alexander granted Order to Ambassador of Bolivia
After almost six years in duty as Ambassador of Bolivia to The Netherlands, H.E. Ambassador Calzadilla was granted, on behalf of the government and people of the Netherlands- the Order of Orange Nassau Ritter degree Grootkruis from His Majesty, Kind William-Alexander. It is a recognition of the good and friendly relations between Bolivia and and the Netherlands. Before departing to London, Ambassador Calzadilla expressed his recognition to Diplomatic Magazine. “Diplomat Magazine has been well received and will undoubtedly be part of the enthusiasm and spirit shared by the large international community in The Hague. This community needs and deserves a medium of communication not only for its own internal uses but more importantly as a means of communication with the larger local community”, expressed Ambassador Calzadilla. “I wholeheartedly wish all the best fort Diplomatic Magazine and congratulate you again all those who have made Diplomat Magazine possible”, concluded the Ambassador of Bolivia.
European Elections are National Elections as well
By Hans van Baalen, leader of VVD in The European Parliament, member of the Bureau of the ALDE Group in the EP and President of Liberal International.
In May 2014, the citizens of 28 EU member states will elect the 754 Members of the European Parliament (MEPs). Many argue that these elections are exclusively European-wide elections and that national parties should be replaced by trans-European lists. As a former Member of the Second Chamber of Dutch Parliament for VVD, current leader of the Dutch Party for Freedom and Democracy (VVD) in the European Parliament (EP), and as elected front-runner for VVD in the coming European Elections, I know that a rift between European and national politics is bad for both. If the EP is solely elected through trans-European lists, its legitimacy will be further weakened.
As a VVD MEP, I have a strong position in Dutch politics which helps me to strengthen the VVD delegation in the EP in Brussels and Strasbourg. I have a standing invitation to attend the meetings of VVD Groups in both the Second Chamber (the House) and the First Chamber (the Senate) of Parliament. I am advisory member of the National Executive Committee of the party and I am member of the so-called Core Group which is composed of Prime Minister Marc Rutte, VVD leaders in the House Halbe Zijlstra and Loek Hermans in the Senate, VVD chief whip in the House Tamara Venrooy and party chairman Benk Korthals.
Prime Minister Mark Rutte (VVD) and I work closely together regarding the agenda of both the European Council and the EP. With VVD (and PvdA) Ministers and State Secretaries, I do the same concerning the meetings of the Council of Ministers. I would not have this position if I were a trans-European MEP without a solid foundation in my national party. On the other hand, I can lobby for European compromises reached by the Alliance of Liberals and Democrats for Europe (ALDE) of which VVD is a member. To cut these ties would be very counter-productive.
Furthermore, although I operate from the benches of ALDE in the EP, I see myself and I am seen by the Dutch public as their representative. I consider it part of my duties to accept invitations by late night shows such as Pauw & Witteman, The Wereld Draait Door, Knevel & Van den Brink, NOS News Hour as well as giving interviews in Dutch magazines and newspapers. For these reasons, I do not live in Brussels and Strasbourg but I commute between The Hague and both European seats of the EP, or I book hotels.
An extra dimension to both my European and my national work is given by the fact that I am President of Liberal International (LI). LI is the world federation of liberal and democratic parties, which includes the British LibDems and the German FDP. LI works in different capacities with more than 100 parties and organisations around the globe, including the US Democrats.
Leading VVD in the 2014 EP elections, together with my team, I will focus on a Europe which strikes a balance between European and Dutch national interests. This means a focus on the Common Market, International Trade, a stable European currency, energy self-sufficiency, the Digital Agenda and all other areas which contribute to a strong economy, growth and jobs. The Union should do what the member states cannot do, or cannot do as efficiently or as effectively as the Union. We do not believe in an “Ever Closer Union” but in a Union that makes the member states and its citizens stronger. This means taking clear position. No against EU bashing. No against EU federalism. No to Eurobonds. Yes to growth! Yes to close co-operation! Yes to the UK in the EU!
Snowden
By Peter Knoope.
Today my local newspaper is dominated by the search for the previously unknown Mr. Snowden. The man who recently acquired world fame with his revelations on the intelligence gathering methods of the US and UK governments. He gives a whole new meaning to the word refugee. Travelling the world in search of protection and asylum.
What is Mr. Snowdon trying to tell us? What exactly has he exposed? And how should we judge him and his contribution to security? Of course history will judge him. But let us take a closer look at his message and its relevance.
An opinion poll in the Netherlands revealed that the actions referred to as “Prism” by the NSA are supported by 75 percent of the public. That is if these activities help to prevent terrorist attacks! This reminds me of a quote by London police commissioner Remmington who said that “terrorism is defeated by communities not by law enforcement”. This is most probably true to a very large extent. Community resilience is a decisive factor in early warning and early action. Recognising signals of radicalism and its consequences when it happens, by fathers, teachers, social workers, religious leaders and local police officers accounts for a large number of thwarted attacks. This is not what I reckon or think. It is what research shows us. 80 percent of thwarted terrorist attacks in the US were prevented because these were initially signalled by the people within, or in close contact with, communities. Suspicious behaviour, training, recruiting and other early signals were brought to the attention of the police and started the process that led to the prevention of attacks. This is the preventative action that is of such relevance to all of us and why the general Dutch public does not mind Prism-type of activities.
But Prism is not about community engagement and resilience. On the contrary, it seems to contradict and ignore just that. Isn’t resilience about trust building and relationships between communities and government officials? And isn’t trust exactly what this is all about? The real issue here is not what the US and the UK government do. The real issue is the apparent mistrust somewhere in the space between government, citizens and communities.
Mistrust that leads to unease on the side of governments and civil society alike. Terrorist organisations capitalise on that fear and mistrust. That is exactly the breeding ground that serves their purpose. Maybe this is what Mr. Snowden exposed; the real victory of terrorism: damaging the trust relationship between governments and communities.
Did he help to fix the problem? Again, history will judge him. Who am I to do that? But my concern is that “Snowden” is not the start of a new paradigm in counter-terrorism. This will not necessarily or automatically lead to more trust and increased resilience. We need more than Mr. Snowden. Or maybe we need something completely different: investment in community engagement and trust building measures to seriously prevent terrorism. My advice would therefore be to ignore the search for the elusive Mr. Snowden and start working on the real challenges. We deserve it. History will do the rest.
Israel marks its 65th anniversary
By Haim Divon, Ambassador of Israel.
Growing up in Israel during the 50s was an exciting but challenging time. It meant living with weekly food rations since the budding agricultural sector could not sustain the needs of a growing population. Water too had to be rationed due to an acute water shortage, and the slogan “every drop counts,” actually meant something.
Growing up in Israel during the 50’s also meant that we had to teach our parents their own mother tongue, Hebrew, since most of my generation’s elders were either immigrants, refugees or holocaust survivors who found it difficult to master a new language at an advanced age (let alone a language that had not been spoken for two thousand years).
At the same time, we also had to live in an unwelcoming and sometimes hostile neighborhood where “security” became a permanent feature in our lives, this while absorbing millions of new immigrants from more than one hundred (!) countries.
But despite these insurmountable challenges, there was an air of excitement. Excitement in watching a nation being born and built, a society galvanize and develop, and with it, the formation of democratic institutions, a vibrant culture, institutions of higher education, science, technology and the arts.
Today, 65 years later, Israel is a completely different country. It has changed dramatically and in ways that as a young child I thought unfathomable.
Consider the agricultural sector. Although small and comprising less than 5% of Israel total population in comparison to 50% in the 1950’s, Israel’s agricultural sector has not only been able to meet the needs of the entire population (approximately eight million people) but has turned its gaze overseas, making Israel a leading exporter of agricultural produce. Who hasn’t tried a Jaffa orange, or a ripe cherry tomato, or a dairy product from Israel?!
Mangos and Pineapples? As a child I learned about the existence of such exotic fruits through the books I read. Today besides growing these (and other tropical fruits) locally, Israeli experts are assisting other nations in improving the quality and quantity of their yields.
This phenomenon is the result of significant investments in research and development, the ability of our scientists to innovate despite harsh climatic conditions, as well as the hard work of our farmers. Thanks to them, Israel has become a world leader in saving and economizing water through drip irrigation (an Israeli innovation), water recycling (80% of the water designated for irrigation in Israel is recycled) and water desalination (two of the largest desalination plants in the world are in Israel). Israeli farmers have also found creative ways to grow crops and plants in the desert, and thus allow Israel’s cows to hold the world record in milk yields.
Farming aside, there are many other innovations coming out of Israel which each and every one of you might be familiar with. From “Waze” to radar in cars (Mobileye), disk on key (USB flash drives), to SMS (texting) and laser keyboards, it’s no wonder that Israel is known today as a “start-up nation” with the highest number of start-ups per capita in the world (second to the U.S. in absolute numbers). Israel also publishes the highest number of scientific papers per capita in the world, while the number of Israeli firms listed on NASDAC is the third highest following the U.S. and China.
So where does Israel go from here? As we look to the future, there is one final challenge that must be overcome and met with the same vigour and determination, and this is the battle for peace. Let us hope that Secretary of State Kerry’s initiative and the resumption of the negotiations between the Israeli and Palestinian delegations will rekindle a peace process and will bring peace, a peace which we are yearning for, to us and our Palestinian neighbours.
Art exhibitions and diplomacy
By Petru Dumitriu,
Ambassador
Permanent Observer of the Council of Europe
to the United Nations Office and other international organizations in Geneva.
Art exhibitions or continuation of diplomacy by other means
The Permanent delegation of the Council of Europe to Geneva is very proud of the series of art exhibition organized at its headquarters under the generic name of “European Roots”. One can ask whether multilateral diplomacy ought to go beyond itself to statements in intergovernmental meetings, negotiations in formal or informal settings, and verbal promotion of the treaties concluded. This is a valid question for the Council of Europe too, whose main objectives are the promotion of the human rights, democracy and the rule of law. And it is all the more pertinent, if the working place is Geneva the capital of human rights, not Paris, where UNESCO works with people’s minds.In order to offer a loud and sound affirmative response to the question above, one should not just assume but saddle up and take initiative. This is how the exhibition entitled “The Soul of Landscape” took shape, showing to the diplomatic and non-diplomatic Geneva the beautiful artworks of the Italian artist Amedeo Besana. To which I invite you right away.
Indeed, the spirit of major legal instruments of the Council of Europe, such as the European Cultural Convention and the European Landscape Convention, can be promoted by legal, political and practical arguments, but artistic transfiguration could produce efficient and lasting understanding and support. Notably, the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Convention 199, 2005) offers a convincing explanation for everyone wishing to understand the link between human rights and the cultural heritage which makes it very user-friendly for the human rights community in Geneva.
The States Parties to this Convention agreed to recognise that rights relating to cultural heritage are inherent in the right to participate in cultural life, as defined in the Universal Declaration of Human Rights and that the conservation of cultural heritage and its sustainable use have human development and quality of life as their goal. The State Parties also agreed to promote an understanding of the common heritage of Europe, which as a source of remembrance, understanding, identity, cohesion and creativity. The Convention says that “the cultural heritage consist of ideals, principles and values, which foster the development of a peaceful and stable society, founded on respect for human rights, democracy and the rule of law”.
The exhibition was intended to be a reminder of a convention that promotes the common cultural heritage which, among other factors, fosters the respect of all human rights.
In other words, continuation of diplomacy by other means. If we allowed the original phrase of Clausewitz to justify the war, I do not see why you would reject much innocent and well-meant paraphrase. But, certainly the exhibition was not just a diplomatic encounter. It was a high-quality artistic event. And, surprise, the conviviality between diplomacy and arts was even more pregnant. The painter, Amedeo Besana, is a former United Nations staff who continues, in a very delightful way, by his art, to serve the spirit of the United Nations. He was born in Italy, as you all guessed by the sound of his name. But I bet that you would have identified anyway the nationality of the painter by the colours, the light, the joy of life and optimism he has brought with his canvasses. Amedeo Besana is not a professional painter; he is not prompted in his art by any predetermined agenda or material needs. He paints just to respond to his noble inner call to communicate his joy of life, his love for the places he has admired, and his desire to share with the rest of us his human feelings.
And all that gives to his art the fragile, but noble touch of spontaneity, as well as the powerful, but warm essence of authenticity. Amedeo Besana does not depict the scenes he brings to us from a distant, observing position. He is there within the landscapes in which he mixes not only colours, but also his soul. Can you see it? Kerry’s India Visit Consolidates India-US Ties
By Ambassador Paramjit Saha, Former Indian Ambassador and Faculty Member, Diplo and CRRID.
John Kerry, U.S. Secretary of State visited India during June 23-25 to participate in the 4th India-US Strategic Dialogue. This was not only his first visit to India after assumption of his new charge, but also first visit by an important US dignitary, after the commencement of the second term of the Obama Presidency. This was also to be his first encounter with his Indian counterpart, Salman Khurshid, who had also recently taken up his post as India’s External Affairs Minister. The visit was, therefore, loaded with expectations as well as an opportunity to ‘size up’ the new Secretary of State. The visit’s importance was enhanced, as it followed the visits of the Chinese Prime Minister to India in May 2013 and that of the Indian Prime Minister to Japan in early June.
In India, the visit was a part of the process to take forward the India-USA relationship, which was perceived to have turned ‘flat’. This relationship is considered to be one of India’s ‘more intense and more in-depth partnerships’, having a multifaceted cooperative governmental network, covering a number of areas. It had a number of thematic pillars, covering bilateral economic and security aspects, political consultations on regional and other issues, exchange of views on global issues and evolving regional security architecture.
From the American side, the visit was loaded with expectations, as the leadership had come under pressure from the US Congress and Business leadership, to ensure delivery of commercial projects under India-US Civil Nuclear deal, greater access to Indian markets and better protection of intellectual property rights. The Snowden cloud, of US snooping into India was also hovering over the visit, as India reportedly was placed fifth among the countries, which had come under surveillance.
India-USA economic and commercial links, however, define the bilateral relationship. It was, therefore, not surprising that John Kerry was accompanied by a large business delegation and other senior officials. While noting the growth of bilateral trade which had touched US $ 100 billion, he highlighted the need for reduction of trade barriers, as he pushed for a bilateral investment treaty. USA got assurances on a commercial agreement on civil nuclear energy project, likely to be arrived at by September 2013. India, on its part, placed its concerns over the H1B and L1 visas for its IT industry, as the same would have impact on growing commercial linkages.
On the emerging Asian Security Architecture, the leaders took note of the US role, which was more of ‘rebalancing’ rather than a ‘pivot’ and was, therefore, not likely to raise concerns, as it was not aimed at against other powers. On Afghanistan, Kerry tried to allay India’s concerns on the involvement of the Talibans, by stating that this was an Afghan led process and negotiations would proceed after fulfillment of certain conditions. He said that he would ‘ensure that none of the concerns of India are overlooked or undermined’. He saw a role for India and other regional powers.
On Iran, Kerry acknowledged India’s efforts in reducing dependency on Iranian oil, while wanting India to play a role in preventing Iran from going to the nuclear path. On the Snowden issue, Kerry managed to get Indian understanding, with Salman Khurshid making a distinction between getting ‘access to content of communication’ and studying ‘of computer software patterns of communications’. This is a fine theoretical distinction, but is likely to fall flat, whenever it gets tested in practice.
Another important component of the visit was its linkage to the development of ties in the field of education and human resource development. This was to further advance the ‘Obama-Singh 21st Century Knowledge Initiative’ of 2009, by focusing on ‘innovation’. There is now a growing connectivity between India and the United States at the level of students, academia and educational institutions. This results in greater connectivity among peoples, turning them in to Ambassadors, while they receive knowledge through various initiatives, which are acquiring a structural basis.
How commitments would be converted in to deliverables, by USA on Afghanistan and by India on civil nuclear energy commercial project? This would be the key challenge, as everything is not within the pale of governments, as they contend with other demanding interests and pressure groups. It would also depend on how India and USA negotiate a new Asian Security Architecture, without upsetting China.
The comments on the visit varied between ‘what was missing’ and the ’significant ground covered’. The Kerry visit was seen as a positive step in the India-US relationship, which is considered a ‘Defining Partnership for the 21st Century’ by President Obama. It was not expected to be a sensational one, as no new big ticket projects were expected to be announced. An incremental growth and not sensationalism is to guide the course of relationship, between the ‘world’s oldest democracy’ and the ‘world’s largest democracy’, which were earlier considered ‘estranged democracies’. It was in the nature of consolidation of existing areas of cooperation as well as exploration of new horizons in the energy sector. India and USA view each other as ‘natural strategic partners’, but the strength of the relationship lies in its getting sustenance that comes from ‘vibrant diaspora’, ‘vibrant free press’ and ‘civil societies’, as alluded to by Kerry.
Obama’s Victory, a Dutch perspective
By Mitesh D. Mistry.
On what has been the most expensive and closest U.S election to date, President Obama emerged victorious and sealed another four years in the White House as the leader of the world’s most powerful country. Although his victory wasn’t big or as flamboyant as many would have liked, and that the campaign didn’t even come close to the spectacle that inspired a new generation of voters like his 2008 election campaign, this presidential win is as important as the last one. In these difficult times, it is even, arguably, a greater political achievement. President Obama’s win is good for America and indeed the rest of the world.
After inheriting a deteriorating nation from the Republicans in 2008, many would have thought the task of rebuilding the United States was impossible. However if we look at America now compared to four years ago, it can be safely said that Barack Obama is the best thing to happen to America. The nation is in much better shape than it looked four years ago and looks ready to tackle the challenges it faces in the next your years.
During the four years Obama has been president, he has had to deal with a declining economy due to the burst of the great American housing bubble, increasing unemployment, the automotive industry crisis and the global recession. The automotive industry crisis particularly had a detrimental effect on the US economy as it led to job losses and needed a significant bailout from the government. However to the delight of Americans nationwide, the economy is now looking increasingly encouraging. The automotive industry is beginning a new chapter with the help of a stimulus package designed to encourage growth, increase production and give consumers a better deal. The housing market has started to pick up, unemployment is decreasing and the economy is starting to rebuild itself.
In terms of foreign affairs under the Obama administration, more has been done towards the fight against terrorism. The assassination of Osama Bin Laden highlighted the determination President Obama had to weakening terrorist organisations and protecting the American people. His aim to withdraw troops from Afghanistan within the next two years shows how much he is ready to move on and bring prosperity not only to Americans but also to other parts of the world.
In the end, Obama beat the odds and unlike his European counterparts; Gordon Brown, Nicolas Sarkozy and Silvio Berlusconi – who all paid the price, became the first western incumbent to retain office whilst a financial crisis still threatens a vulnerable world economy.
With the sweet words of Stevie Wonder still ringing in his ear, President Obama looked fearless and in front of the Chicago crowd, he remained hopeful that with another four years he can get his beloved nation back on the road to prosperity and global dominance.
Asser Institute Proposes European Prosecutor’s Office
By Leendert Erkelens. Research fellow at the T.M.C. Asser Instituut and former counsellor at the Dutch Permanent Representation to the EU in Brussels. The T.M.C. Asser Institute holds a conference on a proposal to set up a European Public Prosecutor’s Office. The Conference On 17 July 2013 the European Commission has adopted and issued its Proposal on the establishment of a European Public Prosecutor’s Office (EPPO). The T.M.C. Asser Instituut will organise a conference on this important new proposal at its premises in The Hague on September 6, 2013. The Conference is entitled: Criminal law protection of the European Union’s financial interests: a shared constitutional responsibility of the EU and its Member States? It aims at offering the first opportunity to the academia together with representatives of EU Member States and EU institutions to evaluate this legislative proposal. The conference will offer a meeting point for exchanging their views based on differing outlooks and it will provide together the first assessment of the Commission’s legislative proposal. The conference will be held at the premises of the Asser Institute in The Hague (for further information see Asser website: http://www.asser.nl/events.aspx?id=368&site_id=1).
The Commission Proposal in a nutshell The Commission has published its legislative proposal on EPPO mid-July this year. The exclusive task of the Office of the European Public Prosecutor (EPP) will be to investigate and prosecute crimes affecting the EU budget. Where indicated, the EPP will bring cases to trial in the competent court of the relevant Member State. The legal base for setting up this Office is provided by the Treaty on European Union (Lisbon Treaty, Article 86), prescribing that in order to combat crimes affecting the financial interests of the Union an EPPO may be established “from Eurojust” (in French: “à partir d’Eurojust”). One may say that the relation with Eurojust will become organic. Information will be exchanged and Eurojust will provide services in the area of administration, finance, human resources and Information Technology. The EPP will become a member of the Eurojust College and its Executive Board. According to the Commission’s proposal, it shall develop a special relationship with Europol (Article 58 (1)). The Office shall be independent though accountable for its general activities to the European Parliament, the Council and the European Commission. Internally, the Office will be hierarchically structured with the EPP at the top, supported by four deputies. Externally, the Office will get a decentralised structure with delegated prosecutors in each Member State fully integrated into the judicial system of the concerned Member State. The delegated prosecutors will wear a “double hat”: one derived from EPPO and another from their own country. He or she will remain a member of the national justice system and will be separately remunerated for his/her work as a delegate of EPPO. EPPO will get an exclusive competence to investigate and prosecute offences against the EU budget but also offences which will be inextricably linked to the former criminal offences. The authority of the EPP to act will be vested in the entire EU. For that purpose the territory of the Union’s Member States shall be considered a single legal area (Art. 25 (1)). A comprehensive catalogue of investigation measures provides EPPO with the necessary powers to be able to act. Member States have to ensure that these measures may be used by EPPO. Another catalogue of procedural safeguards provides for the rights of suspects together with additional rights such as the right to remain silent or the right to legal aid. Comment The Commission proposal may be considered a genuine break-through. First attempts to get an instrument in place to help combat fraud against the EU budget date back to 1976. Over time different proposals were launched but always in vain. The Lisbon Treaty made it now legally possible to address this question more firm. It remains to be seen whether the Commission will succeed with the new attempt. It puts forward strong motives such as the serious size of EU budget related fraud (about €500 million every year) and the current fragmented and ineffective way of investigating and prosecuting these crimes. However, this – possible – break through is not being equally welcomed by EU Member States. From the point of view of the integrity of the national judicial system it is observed that frictions may rise easily. The national competence to determine criminal justice priorities and the subsequent capacities of police, justice and the prison system to implement those priorities will be affected by the new Office. Culturally, national values and norms concerning what is considered to be “good” and “bad” seem to become sidestepped. Some argue that the sovereignty of Member States is at stake, not just emblematically, but also effectively since such Office will affect (exclusive) power of a State to assert its jurisdiction on its own territory, even if EPPO is typically only concerned with fraud against EU funds, outside the sphere of national sovereignty. The Asser Conference again The Asser conference will primarily deal with questions of a legal and constitutional nature. The Commission proposal will be assessed in terms of the principles of subsidiarity, conferral of competences and proportionality. Furthermore, legal bases and procedures for EPPO operations and judicial review will be analysed, as well as the division of rules of substance and procedure governing EPPO operations between the Union and the national level. Legally, some constitutional issues related to Eurojust and the EPPO will be scrutinised. In all probability not all EU Member States will endorse the setting up of this new Office, therefore such situation could lead to a special framework called “enhanced cooperation” under which a group of (at least nine) Member States would join the proposal. The feasibility of such a framework will be discussed as well. The conference has been prepared by Mr Leendert Erkelens, research fellow at the T.M.C. Asser Instituut and former counsellor at the Dutch Permanent Representation to the EU in Brussels, and Mr Arjen Meij, former judge at the General Court of the EU and research fellow at the T.M.C. Asser Instituut. Ms Marta Pawlik LL.M. is the project officer. For more information please contact: Conference Department of the T.M.C. Asser Instituut (conferencemanager@asser.nl).Art exhibitions or continuation of diplomacy by other means
By H.E. Mr. Petru Dimitriu, Ambassador Permanent Observer of the Council of Europe to the United Nations Office and other international organizations in Geneva.
The Permanent delegation of the Council of Europe to Geneva is very proud of the series of art exhibition organized at its headquarters under the generic name of “European Roots”.
One can ask whether multilateral diplomacy ought to go beyond itself to statements in intergovernmental meetings, negotiations in formal or informal settings, and verbal promotion of the treaties concluded. This is a valid question for the Council of Europe too, whose main objectives are the promotion of the human rights, democracy and the rule of law. And it is all the more pertinent, if the working place is Geneva the capital of human rights, not Paris, where UNESCO works with people’s minds.
In order to offer a loud and sound affirmative response to the question above, one should not just assume but saddle up and take initiative. This is how the exhibition entitled “The Soul of Landscape” took shape, showing to the diplomatic and non-diplomatic Geneva the beautiful artworks of the Italian artist Amedeo Besana. To which I invite you right away.
Indeed, the spirit of major legal instruments of the Council of Europe, such as the European Cultural Convention and the European Landscape Convention, can be promoted by legal, political and practical arguments, but artistic transfiguration could produce efficient and lasting understanding and support. Notably, the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Convention 199, 2005) offers a convincing explanation for everyone wishing to understand the link between human rights and the cultural heritage which makes it very user-friendly for the human rights community in Geneva.
The States Parties to this Convention agreed to recognise that rights relating to cultural heritage are inherent in the right to participate in cultural life, as defined in the Universal Declaration of Human Rights and that the conservation of cultural heritage and its sustainable use have human development and quality of life as their goal.
The State Parties also agreed to promote an understanding of the common heritage of Europe, which as a source of remembrance, understanding, identity, cohesion and creativity. The Convention says that “the cultural heritage consist of ideals, principles and values, which foster the development of a peaceful and stable society, founded on respect for human rights, democracy and the rule of law”.
The exhibition was intended to be a reminder of a convention that promotes the common cultural heritage which, among other factors, fosters the respect of all human rights.
In other words, continuation of diplomacy by other means. If we allowed the original phrase of Clausewitz to justify the war, I do not see why you would reject much innocent and well-meant paraphrase. But, certainly the exhibition was not just a diplomatic encounter. It was a high-quality artistic event. And, surprise, the conviviality between diplomacy and arts was even more pregnant.
The painter, Amedeo Besana, is a former United Nations staff who continues, in a very delightful way, by his art, to serve the spirit of the United Nations. He was born in Italy, as you all guessed by the sound of his name. But I bet that you would have identified anyway the nationality of the painter by the colours, the light, the joy of life and optimism he has brought with his canvasses. Amedeo Besana is not a professional painter; he is not prompted in his art by any predetermined agenda or material needs. He paints just to respond to his noble inner call to communicate his joy of life, his love for the places he has admired, and his desire to share with the rest of us his human feelings.
And all that gives to his art the fragile, but noble touch of spontaneity, as well as the powerful, but warm essence of authenticity. Amedeo Besana does not depict the scenes he brings to us from a distant, observing position. He is there within the landscapes in which he mixes not only colours, but also his soul. Can you see it?
Indeed, the spirit of major legal instruments of the Council of Europe, such as the European Cultural Convention and the European Landscape Convention, can be promoted by legal, political and practical arguments, but artistic transfiguration could produce efficient and lasting understanding and support. Notably, the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Convention 199, 2005) offers a convincing explanation for everyone wishing to understand the link between human rights and the cultural heritage which makes it very user-friendly for the human rights community in Geneva.
The States Parties to this Convention agreed to recognise that rights relating to cultural heritage are inherent in the right to participate in cultural life, as defined in the Universal Declaration of Human Rights and that the conservation of cultural heritage and its sustainable use have human development and quality of life as their goal.
The State Parties also agreed to promote an understanding of the common heritage of Europe, which as a source of remembrance, understanding, identity, cohesion and creativity. The Convention says that “the cultural heritage consist of ideals, principles and values, which foster the development of a peaceful and stable society, founded on respect for human rights, democracy and the rule of law”.
The exhibition was intended to be a reminder of a convention that promotes the common cultural heritage which, among other factors, fosters the respect of all human rights.
In other words, continuation of diplomacy by other means. If we allowed the original phrase of Clausewitz to justify the war, I do not see why you would reject much innocent and well-meant paraphrase. But, certainly the exhibition was not just a diplomatic encounter. It was a high-quality artistic event. And, surprise, the conviviality between diplomacy and arts was even more pregnant.
The painter, Amedeo Besana, is a former United Nations staff who continues, in a very delightful way, by his art, to serve the spirit of the United Nations. He was born in Italy, as you all guessed by the sound of his name. But I bet that you would have identified anyway the nationality of the painter by the colours, the light, the joy of life and optimism he has brought with his canvasses. Amedeo Besana is not a professional painter; he is not prompted in his art by any predetermined agenda or material needs. He paints just to respond to his noble inner call to communicate his joy of life, his love for the places he has admired, and his desire to share with the rest of us his human feelings.
And all that gives to his art the fragile, but noble touch of spontaneity, as well as the powerful, but warm essence of authenticity. Amedeo Besana does not depict the scenes he brings to us from a distant, observing position. He is there within the landscapes in which he mixes not only colours, but also his soul. Can you see it?