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The Immigrant “Other” in US and EU Politico-Religious Experiences: A Comparative Perspective

Emanuel L. Paparella, Ph.D.

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Can the EU welcome and integrate the immigrant “other”?

Nowadays this urgent question is often asked by historians, sociologists, and political scientists. It has given rise to a plethora of books and academic conferences on the subject (see below for a sample). In the light of the events of the recent “refugee European crisis” the conclusions and prognosis are, more often than not, rather inconclusive and ineffective. In the short analysis that follows I’d like to examine the reasons for the deficiency, namely that the philosophy of religion is often ignored, if not downright excluded from the diagnosis, thus ending up with the wrong prognosis.

Another aspect of the wrong diagnosis is the lack of comparative perspective on the issue. By that I mean a hard look at the immigrant experiences of both the American and European continents, preferably by scholars who have lived and worked on both sides of the Atlantic. After all, it was European societies that were the primary immigrant-sending regions to America, South Africa, Oceania and Australia and just about every corner of the globe during the colonial industrialization phase of their history (1700-1920); we are talking about some 85 million Europeans; some 60% of which emigrated to the Americas (some 50 millions).

The present paradox is that the flow has now reversed and several Western European societies have now in turn become centers of global immigration. A comparison is logical and in order. There may be hard lessons to be learned from it. There is now a ratio of approximately 10% immigrants living in several European countries (UK, France, Holland, West Germany, Italy). However, they still have difficulty viewing themselves as permanent immigrant societies, the way the US viewed and continues to view itself; or for that matter of viewing the native second generations as nationals irrespective of the legal status of their citizenship. A de facto, second rate citizenship seems to be in place. The question arises: Why is that?

This question can only be answered by analyzing how these Western European countries have tried to accommodate immigrant religions, particularly Islam. Although European laws and regulations are now in place, each nation, deals with immigrant religions in markedly different institutional and legal structures on how the immigrants may publicly express religious beliefs and practices. Here a thorough knowledge of modern Western European history vis a vis religion can be useful in assessing the different reactions of various EU nations.

The French model of laicitè (or secularism) is primary in this respect. In practice secularism means a strict privatization of religion, its elimination from the public forum, while pressuring religious groups to organize themselves into a single centralized churchlike structure and serve as intermediary between it and the state, so as to better regulate and manipulate it. The model is in part the concordat with the Catholic Church established in Italy in 1929. Religion is tolerated but it is a private matter even when its symbols are pervasive in the country’s traditional culture. A great wall of separation between Church and State exists, as indeed is also the case in the US whose founding fathers well remembered the disastrous European wars of religions of the 17th century.

Great Britain, by contrast, while maintaining the established Church of England, allows greater freedom to religious associations, who deal directly with local authorities and school boards to press for changes in religious education, diet, etc., with little direct appeal to the central government. Germany, following the multi-establishment model, has tried to organize a quasi-official Islamic institution, at times in conjunction with parallel strivings on the part of the Turkish state to regulate its diaspora. But the internal divisions among immigrants from Turkey, as well as the public expression and mobilization of competing identities (secular and Muslim, Alevi and Kurd) in the German democratic context, have undermined any project of institutionalization from above. Holland, following its traditional pattern of pillarization, seemed, at least until very recently, bent on establishing a separate state-regulated but self-organized Muslim pillar. Lately, however, even traditionally liberal and tolerant Holland is expressing second thoughts, and seems ready to pass more restrictive legislation setting clear limits to the kinds of un-European, un-modern norms and habits it is prepared to tolerate.

But let us now look more closely at the comparison between the EU and the US. If one looks at the European Union as a whole, there are two fundamental differences with the situation in the United States. In Europe, first of all, immigration and Islam are almost synonymous. The overwhelming majority of immigrants in most European countries, the UK being the main exception, are Muslims, and the overwhelming majority of Western European Muslims are immigrants. This identification appears even more pronounced in those cases where the majority of Muslim immigrants tend to come predominantly from a single region, e.g., Turkey in the case of Germany, the Ma’ghreb in the case of France. This entails a superimposition of different dimensions of “otherness” that exacerbates issues of boundaries, accommodation and incorporation. The immigrant, the religious, the racial, and the socio-economic de-privileged “other” all tend to coincide.

In the United States, on the other hand, Muslims constitute at most 10 percent of all new immigrants. it is estimated that from 30 to 42 percent of all Muslims in the United States are African-American converts to Islam, making the characterization of Islam as a foreign, un-American religion even more difficult. The dynamics of interaction with other Muslim immigrants, with African-American Muslims, with non-Muslim immigrants from the same regions of origin, and with their immediate American hosts are, depending on socio-economic characteristics and residential patterns, much more complex and diverse than anything one finds in Europe. A nuance this which escapes the simple-minded approach of a Donald Trump and his cohorts.

The second main difference has to do with the role of religion and religious group identities in public life and in the organization of civil society. Western European societies are deeply secular societies, shaped by the hegemonic knowledge regime of secularism. As liberal democratic societies, they tolerate and respect individual religious freedom. But due to the increasing pressure towards the privatization of religion, which among European societies is now taken for granted as a characteristic of the self-definition of modern secular society, those societies have much greater difficulty in offering a legitimate role for religion in public life, and in the organization and mobilization of collective group identities. Muslim organized collective identities and their public representations become a source of anxiety, not only because of their religious otherness as a non-Christian and non-European religion, but, even more significantly, because of their religiousness itself as the “other” of European secularity. Presently, a post-secular Europe as envisioned by the German philosopher Jurgen Habermas, is not on the horizon yet, if anything, things are going from bad to worse with the advent of right-wing ultra-nationalistic parties resurgent all over Europe and threatening the democratic system buttressed by Christian principles as envisioned by the EU founding fathers, the likes of Aedenauer, Schuman, Monet, De Gasperi, etc.

In this context, the temptation to identify Islam and fundamentalism becomes all the more pronounced. Islam, by definition, becomes the other of Western secular modernity allegedly rooted in a universal European enlightenment. Therefore, the problems posed by the incorporation of Muslim immigrants become consciously or unconsciously associated with seemingly related and vexatious issues concerning the role of religion in the public sphere, which is a question European societies assumed they had already solved according to the liberal secular norm of the privatization of religion. The assumption has resulted premature.

Americans, by contrast, are demonstrably more religious than Europeans. Therefore there is a certain pressure for immigrants to conform to American religious norms. It is generally the case that immigrants in America tend to be more religious than they were in their home countries. I can confirm this on a personal level: I do not remember my parents attending Church on a regular basis on Sunday in Italy while they did so once they emigrated to America. I am quite sure such was the case for my grandfather once he emigrated to New York when my father was born in 1912.

But even more significantly, today as in the past, religion and public religious denominational identities play an important role in the process of incorporating new immigrants. The thesis of Will Herberg concerning the old European immigrant, that “not only was he expected to retain his old religion, as he was not expected to retain his old language or nationality, but such was the shape of America that it was largely in and through religion that he, or rather his children and grandchildren, found an identifiable place in American life,” is still operative with the new immigrants. The thesis implies that collective religious identities have been one of the primary ways of structuring internal societal pluralism in American history.

Due to the corrosive logic of racialization, so pervasive in American society, the dynamics of religious identity formation assume a double positive form in the process of immigrant incorporation. Given the institutionalized acceptance of religious pluralism, the affirmation of religious identities is enhanced among the new immigrants. This positive affirmation is reinforced, moreover, by what appears to be a common defensive reaction by most immigrant groups against ascribed racialization, particularly against the stigma of racial darkness. In this respect, religious and racial self-identifications and ascriptions represent alternative ways of organizing American multiculturalism. One of the obvious advantages of religious pluralism over racial pluralism is that, under proper constitutional institutionalization, it is more reconcilable with principled equality and non-hierarchic diversity, and therefore with genuine multiculturalism.

American society is indeed entering a new phase. The traditional model of assimilation, turning European nationals into American “ethnics,” can no longer serve as a model of assimilation now that immigration is literally worldwide. America is bound to become “the first new global society” made up of all world religions and civilizations, at a time when religious civilizational identities are regaining prominence at the global level. At the very same moment that political scientists like Samuel Huntington are announcing the impending clash of civilizations in global politics, a new experiment in intercivilizational encounters and accommodation between all the world religions is taking place at home. American religious pluralism is expanding and incorporating all the world religions in the same way as it previously incorporated the religions of the old immigrants. A complex process of mutual accommodation is taking place. Like Catholicism and Judaism before, other world religions, Islam, Hinduism, Buddhism are being “Americanized” and in the process they are transforming American religion, while, much as American Catholicism had an impact upon the transformation of world Catholicism and American Judaism has transformed world Judaism, the religious diasporas in America are serving as catalysts for the transformation of the old religions in their civilizational homes.

This process of institutionalization of expanding religious pluralism is facilitated by the dual clause of the First Amendment which guarantees “no establishment” of religion at the state level, and therefore the strict separation of church and state and the genuine neutrality of the secular state, as well as the “free exercise” of religion in civil society. The latter includes strict restrictions on state intervention and on the administrative regulation of the religious field. It is this combination of a rigidly secular state and the constitutionally protected free exercise of religion in society that distinguishes the American institutional context from the European one. In Europe one finds, on the one extreme, the case of France, where a secularist state not only restricts and regulates the exercise of religion in society but actually imposes its republican ideology of laïcité on society, and, on the other, the case of England, where an established state church is compatible with wide toleration of religious minorities and the relatively unregulated free exercise of religion.

As liberal democratic systems, all European societies respect the private exercise of religion, including Islam, as an individual human right. It is the public and collective free exercise of Islam as an immigrant religion that most European societies find difficult to tolerate, precisely on the grounds that Islam is perceived as an “un-European” religion. The stated rationales for considering Islam “un-European” vary significantly across Europe, and among social and political groups. For the anti-immigrant, xenophobic, nationalist Right, represented by Le Pen’s discourse in France and Jörg Haider’s in Austria, the message is straightforward: Islam is unwelcome and un-assimilable, simply because it is a “foreign” immigrant religion. Such a nativist and usually racist attitude can be differentiated clearly from the conservative “Catholic” position, paradigmatically expressed by the Cardinal of Bologna when he declared that Italy should welcome immigrants of all races and regions of the world, but should particularly select Catholic immigrants in order to preserve the country’s Catholic identity.

Sad to say, when it comes to Islam, secular Europeans usually liberal in their views on religion in general, tend to reveal the limits and prejudices of modern secularist toleration. The politically correct formulation tends to run along such lines as “we welcome each and all immigrants irrespective of race or religion as long as they are willing to respect and accept our modern liberal secular European norms.” Revealingly enough, some time ago Prime Minister Jean-Pierre Raffarin, in his address to the French legislature defending the banning of ostensibly religious symbols in public schools, made reference in the same breath to France as “the old land of Christianity” and to the inviolable principle of laïcité, exhorting Islam to adapt itself to the principle of secularism as all other religions of France have done before. “For the most recently arrived, I’m speaking here of Islam, secularism is a chance, the chance to be a religion of France.” The Islamic veil and other religious signs are justifiably banned from public schools, he added, because “they are taking on a political meaning,” while according to the secularist principle of privatization of religion, “religion cannot be a political project.” Time will tell whether the restrictive legislation will have the intended effect of stopping the spread of “radical Islam,” or whether it is likely to bring forth the opposite result of further radicalizing an already alienated and maladjusted immigrant community.

The positive rationale one hears among liberals in support of such illiberal restrictions on the free exercise of religion is usually put in terms of the desirable enforced emancipation of young girls, against their expressed will if necessary, from gender discrimination and patriarchal control. This was the discourse on which the assassinated liberal politician Pim Fortuyn built his electorally successful anti-immigrant platform in liberal Holland, a campaign that is now bearing fruit in new restrictive legislation. While conservative religious persons are expected to tolerate behavior they may consider morally abhorrent such as homosexuality, liberal secular Europeans are openly stating that European societies ought not to tolerate religious behavior or cultural customs that are morally abhorrent, insofar as they are contrary to modern liberal secular European norms. What makes the intolerant tyranny of the secular liberal majority justifiable in principle is not just the democratic principle of majority rule, but the secularist teleological assumption, built into theories of modernization, that one set of norms is reactionary, fundamentalist and anti-modern, while the other is progressive, liberal and modern.

In conclusion, from the above considerations and reflections, we can safely assume that sociological-historical considerations, while helpful for the analysis of the issue of religion vis a vis the secular “enlightened” state, are not sufficient by themselves to arrive at a proper diagnosis and prognosis of the problem. What is also needed, and is solely missing in the ongoing dialogue, is an analysis that takes seriously and incorporates the philosophy of religion. Without a philosophy of religion the analysis and consequently the prognosis will continue to remain incomplete and ineffective. But let the dialogue continue among people of good will, be they believers or non-believers.

Professor Paparella has earned a Ph.D. in Italian Humanism, with a dissertation on the philosopher of history Giambattista Vico, from Yale University. He is a scholar interested in current relevant philosophical, political and cultural issues; the author of numerous essays and books on the EU cultural identity among which A New Europe in search of its Soul, and Europa: An Idea and a Journey. Presently he teaches philosophy and humanities at Barry University, Miami, Florida. He is a prolific writer and has written hundreds of essays for both traditional academic and on-line magazines among which Metanexus and Ovi. One of his current works in progress is a book dealing with the issue of cultural identity within the phenomenon of “the neo-immigrant” exhibited by an international global economy strong on positivism and utilitarianism and weak on humanism and ideals.

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Europe

From Davos to Munich

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An overview of the views and attitudes of European officials during the Davos and Munich Conference and their comparison with each other suggests that the security, economic, and political concerns of European countries have not only not diminished but are increasing.

During the World Economic Summit in Davos, the Chancellor of Germany and the President of France both gave a significant warning about the return of nationalism and populism to Europe. This warning has been sent in a time when Far-Right movements in Europe have been able to gain unbelievable power and even seek to conquer a majority of parliaments and form governments.

In her speech, Angela Merkel emphasized that the twentieth century’s mistake shouldn’t be repeated. By this, the German Chancellor meant the tendency of European countries to nationalism. Although the German Chancellor warning was serious and necessary, the warning seems to be a little late. Perhaps it would have been better if the warning was forwarded after the European Parliamentary elections in 2014, and subsequently, more practical and deterrent measures were designed. However, Merkel and other European leaders ignored the representation of over a hundred right-wing extremist in the European Parliament in 2014 and merely saw it as a kind of social excitement.

This social excitement has now become a “political demand” in the West. The dissatisfaction of European citizens with their governments has caused them to explicitly demand the return to the twentieth century and the time before the formation of the United Europe. The recent victories of right wing extremists in Austria, Germany and…, isn’t merely the result of the nationalist movement success in introducing its principles and manifestos. But it is also a result of the failure of the “European moderation” policy to resolve social, security and economic problems in the Eurozone and the European Union. In such a situation, European citizens find that the solutions offered by the moderate left parties didn’t work in removing the existing crises in Europe. Obviously, in this situation “crossing the traditional parties” would become a general demand in the West. Under such circumstances, Merkel’s and other European leaders’ warnings about the return to the twentieth century and the time before the formation of the United Europe simply means the inability of the Eurozone authorities in preventing the Right-extremism in the West.

These concerns remain at the Munich Security Conference. As Reuters reported, The defense ministers of Germany and France pledged to redouble their military and foreign policy cooperation efforts on Friday, inviting other European countries to participate if they felt ready to do so.
In a speech to the Munich Security Conference, German defense minister Ursula von der Leyen said Europe’s countries would not be able to respond nimbly enough to global challenges if they were stymied by the need to decide joint foreign policy approaches unanimously.

“Europe has to up its pace in the face of global challenges from terrorism, poverty and climate change,” she said. “Those who want to must be able to advance without being blocked by individual countries.”

Her French counterpart Florence Parly said any such deepened cooperation would be complementary to the NATO alliance, which itself was based on the principle that members contributed differently depending on their capacities.

“The reality has always been that some countries are by choice more integrated and more able to act than others,” she said.

The push comes as Germany’s political class reluctantly concedes it must play a larger security role to match its economic pre-eminence in Europe, amid concerns that the European Union is unable to respond effectively to security concerns beyond its eastern and southern borders.

But in their deal for another four years of a “grand coalition” government, Chancellor Angela Merkel’s conservatives and the Social Democrats have agreed to boost spending on the armed forces after years of post-Cold War decline.

The deal, which must still be ratified by the Social Democrat membership, comes as Germany reluctantly takes on the role of the continent’s pre-eminent political power-broker, a role generations of post-war politicians have shied away from.

Days after U.S. Secretary of Defense James Mattis reiterated President Donald Trump’s demand that European countries spend more on their militaries, Von der Leyen pledged to spend more on its military and the United Nations, but called in return for other countries not to turn away from mulitlateralism.

The pledges come as the EU seeks a new basis on which to cooperate with Britain, traditionally one of the continent’s leading security players, after its vote to leave the EU.

Earlier on Friday, the leaders of the three countries’ security services said close security cooperation in areas like terrorism, illegal migration, proliferation and cyber attacks, must continue after Britain’s departure.

“Cooperation between European intelligence agencies combined with the values of liberal democracy is indispensable, especially against a background of diverse foreign and security challenges,” they said.

First published in our partner Tehran Times

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Election Monitoring in 2018: What Not to Expect

Alina Toporas

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This year’s election calendar released by OSCE showcases a broad display of future presidential, parliamentary and general elections with hefty political subjecthoods which have the potential of transforming in their entirety particularly the European Union, the African Union and the Latin American sub-continent. A wide sample of these countries welcoming elections are currently facing a breadth of challenges in terms of the level of transparency in their election processes. To this end, election observation campaigns conducted by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the Council of Europe, the Organisation for American States (OAS), the United Nations Electoral Assistance Division, the National Democratic Institute, Carter Center and even youth organisations such as AEGEE and Silba are of paramount importance in safeguarding the incorruptibility of election proceedings in fraudulent and what cannot be seen with the naked eye type of fraudulent political systems, making sure elections unfold abiding national legislation and international standards.

What exactly does an election observation mission supposed to accomplish?   

An election monitoring mission consists of operational experts and analysts who are all part of a core team and are conducting their assignments for a period of time varying between 8 and 12 weeks. Aside from the core team experts and analysts, there can be short-term or long-term observers and seconded observers or funded observers. Joining them, there is usually a massive local support staff acting as interpreters and intermediaries. Generally, an election observer does not interfere with the process, but merely takes informative notes. With this in mind, it is imperative of the observer to make sure there isn’t any meddling with votes at polling stations by parties and individual candidates; that the people facilitating the election process are picked according to fair and rigorous benchmarks; that these same people can be held accountable for the final results and that, at the end of the day, the election system put in place by the national and local authorities is solid from both a physical and logical standpoint. Oftentimes, particularly in emerging democracies, the election monitoring process goes beyond the actual process of voting by extending to campaign monitoring.

In practical terms, the average election observer needs to abide by certain guidelines for a smooth and standardised monitoring process. Of course, these rules can vary slightly, depending on the sending institution. Typically, once the election observer has landed in the country awaiting elections, their first two days are normally filled with seminars on the electoral system of the country and on the electoral law. Meetings with candidates from the opposition are sometimes organised by the electoral commission. Talking to ordinary voters from builders to cleaners, from artists to businesspeople is another way through which an election observer can get a sense of what social classes pledged their allegiances to what candidates. After two days in training and the one day testing political preferences on the ground, election day begins. Since the early bird gets the worm, polling stations open at least two hours earlier than the work day starts, at around 7am. Throughout the day, observers ask voters whether they feel they need to complain about anything and whether they were asked to identify themselves when voting. Other details such as the polling stations opening on time are very much within the scope of investigation for election monitors. Observers visit both urban voting centres and rural ones. In the afternoon, counting begins with observers carefully watching the volunteers from at least 3 metres away. At the end of the day, observers go back to their hotels and begin filling in their initial questionnaires with their immediate reactions on the whole voting process. In a few weeks time, a detailed report would be issued in cooperation with all the other election observers deployed in various regions of the country and under the supervision of the mission coordinators.   

Why are these upcoming elections particularly challenging to monitor?  

Talks of potential Russian interference into the U.S. elections have led to full-on FBI investigations. Moreover, the idea of Russian interference in the Brexit vote is slowly creeping into the British political discourse. Therefore, it does not take a quantum physicist to see a pattern here. Hacking the voting mechanism is yet another not-so-classic conundrum election observers are facing. We’re in the midst of election hacking at the cognitive level in the form of influence operations, doxing and propaganda. But, even more disturbingly, we’re helpless witnesses to interference at the technical level as well. Removing opposition’s website from the Internet through DDOS attacks to downright political web-hacking in Ukraine’s Central Election Commission to show as winner a far-right candidate are only some of the ways which present an unprecedented political savviness and sophistication directed at the tampering of the election machinery. Even in a country such as the U.S. (or Sweden – their elections being held September of this year) where there is a great deal of control over the physical vote, there is not much election monitoring can do to enhance the transparency of it all when interference occurs by way of the cyber domain affecting palpable election-related infrastructure.

Sketching ideational terrains seems like a fruitful exercise in imagining worst-case scenarios which call for the design of a comprehensive pre-emptive approach for election fraud. But how do you prevent election fraud? Sometimes, the election observer needs to come to terms with the fact that they are merely a reporter, a pawn which notwithstanding the action of finding oneself in the middle of it all, can generally use only its hindsight perspective. Sometimes, that perspective is good enough when employed to draft comprehensive electoral reports, making a difference between the blurry lines of legitimate and illegitimate political and electoral systems.

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Can Europe successfully rein in Big Tobacco?

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Photo by Mateo Avila Chinchilla on Unsplash

In what looks set to become the ‘dieselgate’ of the tobacco industry, a French anti-smoking organization has filed a lawsuit against four major tobacco brands for knowingly selling cigarettes with tar and nicotine levels that were between 2 and 10 times higher than what was indicated on the packs. Because the firms had manipulated the testing process, smokers who thought they were smoking a pack a day were in fact lighting up the equivalent of up to 10, significantly raising their risk for lung cancer and other diseases.

According to the National Committee Against Smoking (CNCT), cigarettes sold by the four companies have small holes in the filter that ventilate smoke inhaled under test conditions. But when smoked by a person, the holes compress due to pressure from the lips and fingers, causing the smoker to inhale higher levels of tar and nicotine. According to the lawsuit, the irregularity “tricks smokers because they are unaware of the degree of risk they are taking.”

It was only the most recent example of what appears to be a deeply entrenched propensity for malfeasance in the tobacco industry. And unfortunately, regulatory authorities across Europe still appear unprepared to just say no to big tobacco.

Earlier this month, for instance, Public Health England published a report which shines a positive light on “tobacco heating products” and indicates that electronic cigarettes pose minimal health risks. Unsurprisingly, the UK report has been welcomed by big tobacco, with British American Tobacco praising the clear-sightedness of Public Health England.

Meanwhile, on an EU-wide level, lawmakers are cooperating too closely for comfort with tobacco industry executives in their efforts to craft new cigarette tracking rules for the bloc.

The new rules are part of a campaign to clamp down on tobacco smuggling, a problem that is particularly insidious in Europe and is often attributed to the tobacco industry’s own efforts to stiff the taxman. According to the WHO, the illicit cigarette market makes up between 6-10% of the total market, and Europe ranks first worldwide in terms of the number of seized cigarettes. According to studies, tobacco smuggling is also estimated to cost national and EU budgets more than €10 billion each year in lost public revenue and is a significant source of cash for organized crime. Not surprisingly, cheap availability of illegally traded cigarettes is also a major cause of persistently high smoking rates in the bloc.

To help curtail cigarette smuggling and set best practices in the fight against the tobacco epidemic, the WHO established the Framework Convention on Tobacco Control (FCTC) in 2005. The first protocol to the FCTC, the Protocol to Eliminate Illicit Trade in Tobacco Products, was adopted in 2012 and later ratified by the EU. Among other criteria, the Protocol requires all cigarette packs to be marked with unique identifiers to ensure they can be tracked and traced, thereby making smuggling more difficult.

Unsurprisingly, the tobacco industry has come up with its own candidates to meet track and trace requirements, notably Codentify, a system developed by PMI. From 2005 through 2016, PMI used Codentify as part of an anti-smuggling agreement with the EU. But the agreement was subject to withering criticism from the WHO and other stakeholders for going against the Protocol, which requires the EU and other parties to exclude the tobacco industry from participating in anti-smuggling efforts.

The EU-PMI agreement expired in 2016 and any hopes of reviving it collapsed after the European Parliament, at loggerheads with the Commission, overwhelmingly voted against a new deal and decided to ratify the WHO’s Protocol instead. Codentify has since been sold to the French firm Impala and was rebranded as Inexto – which critics say is nothing but a front company for PMI since its leadership is made out of former PMI executives. Nonetheless, due to lack of stringency in the EU’s draft track and trace proposal, there is still a chance that Inexto may play a role in any new track and trace system, sidelining efforts to set up a system that is completely independent of the tobacco industry.

This could end up by seriously derailing the EU’s efforts to curb tobacco smuggling, given the industry’s history of active involvement in covertly propping up the black market for cigarettes. In 2004, PMI paid $1.25 billion to the EU to settle claims that it was complicit in tobacco smuggling. As part of the settlement, PMI agreed to issue an annual report about tobacco smuggling in the EU, a report that independent researchers found “served the interests of PMI over those of the EU and its member states.”

Given the industry’s sordid history of efforts to prop up the illicit tobacco trade, it’s little surprise that critics are still dissatisfied with the current version of the EU’s track and trace proposal.

Now, the CNCT’s lawsuit against four major tobacco firms gives all the more reason to take a harder line against the industry. After all, if big tobacco can’t even be honest with authorities about the real levels of chemicals in their own products, what makes lawmakers think that they can play a viable role in any effort to quell the illegal cigarette trade – one that directly benefits the industry?

Later this month, the European Parliament will have a new chance to show they’re ready to get tough on tobacco, when they vote on the pending proposal for an EU-wide track and trace system. French MEP Younous Omarjee has already filed a motion against the system due to its incompatibility with the letter of the WHO. Perhaps a ‘dieselgate’ for the tobacco industry might be just the catalyst they need to finally say no to PMI and its co-conspirators.

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