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The Peculiarities of the Joint Comprehensive Plan of Action

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Iranian President Rohani, a pragmatist, was elected in 2013 which led to a diplomatic thaw between the Islamic Republic and the West. Finally, after 20 months of “strenuous” negotiations between Iran, the P5+1 and Iran the JCPOA on the nuclear program of Iran was reached in July 2015 to ensure that Islamic Republic’s future nuclear program would be exclusively peaceful.

It was a landmark comprehensive nuclear agreement after the longest continuous negotiations with the presence of all foreign ministers of the permanent members of the United Nations Security Council. The agreement was very complex. One of the signatories, Robert J. Einhorn, a former U.S. Department of State official now at the Brookings Institution, said of the agreement: “Analysts will be pleasantly surprised. The more things are agreed to, the less opportunity there is for implementation difficulties later on.” The agreement had been founded upon , and also reinforced, the Nuclear Non-Proliferation Treaty (NPT) and the International Atomic Energy Agency IAEA safeguards system.

According to several commentators, JCPOA was the first of its kind in the annals of non-proliferation and is in many aspects unique. This was the first time that the United Nations Security Council had recognized the nuclear enrichment program of a developing country –Iran–and backed an agreement (JCPOA) signed by several countries within the framework of a resolution (United Nations Security Council Resolution 2231).For the first time in the history of the United Nations, a country –Iran– was able to abolish 6 UN resolutions against it –1696, 1737, 1747, 1803, 1835, 1929– without even one day of implementing them. Sanctions against Iran was also lifted for the first time. The 159-page JCPOA document and its 5 appendixes, was the most spacious text of a multinational treaty since World War II. Throughout history of international law, this was the first and only time that a country subject to Chapter VII of the United Nations Charter –Iran– has managed to end its case and stop being subject to this chapter through diplomacy, all other cases have ended to either regime change, war or full implementation of the Security Council’s decisions by the country. Iran had agreed to strict limits on its nuclear program and extensive monitoring in return for the lifting of sanctions. In addition, it was agreed that Iran would have cooperate with an inquiry looking into evidence of past work on nuclear warhead design.

A brief summary of the main points:

1.Iran will not produce weapons-grade plutonium and limit its stockpile of uranium enriched to 3.67% to 300 kilograms for the next 15 years.

2.Tehran also agreed to modernize its nuclear facilities and use them for exclusively peaceful purposes.

3.Sanctions will be gradually removed from Iran.

4.The arms embargo imposed by UN Security Council will be kept in place for five years, ban for supplying ballistic missile technologies to Iran – for eight years.

5.Experts from the International Atomic Energy Agency (IAEA) will monitor nuclear facilities in Iran for the next 25 years.

6.If any points of the agreement are violated by Iran, sanctions against the country will be renewed.

The Main Points of the JCPOA:

1.Uranium enrichment capacity

Iran’s current capacity of 19,000 gas centrifuges would be reduced by more than two-thirds to 6,104, out of which just over 5,000 would actually be enriching uranium. All of them would be first-generation centrifuges based on technology going back to the 1950s. Furthermore, for the first 15 years of the deal Iran would not enrich beyond the level of 3.67% purity, low-enriched uranium (LEU) of the kind used in nuclear power stations.

2.The enriched uranium stockpile

Iran’s stockpile of LEU would be reduced from its current level of about 7,500kgto 300kg, a reduction of 96%. The reduction would be achieved either by shipping the uranium abroad or by diluting it.

3.Research, development and future enrichment capacity

There would be limits on the R&D work Iran could do on advanced centrifuges, so that it could not suddenly upgrade its enrichment capacity after the first 10 years of the agreement and bring its breakout time down from one year to a few weeks almost overnight. Iran would be able to test experimental new centrifuges on a small scale according to a gradual plan.

4.Inspections

Inspectors from the International Atomic Energy Agency (IAEA) would have full access to all Iran’s declared nuclear sites as at present, but with much more advanced technology than they are using now. Inspectors would be able to visit non-declared sites where they think nuclear work might be going on. A commission made up of a range of IAEA members would be set up to judge whether the inspectors’ access requests are justified, and would take its decision by majority vote.

5.Investigation into past activity

Iran has agreed a “road map” with the IAEA officials by which it would provide access to facilities and people suspected of involvement in past experimental work on warhead design, managed by a centralized and covert unit, mostly before 2004. The IAEA would have to certify Iranian cooperation with the inquiry before Iran benefits from sanctions relief.

6.Sanctions relief

As Iran takes the agreed steps listed above to reduce the capacity and proliferation risk of its nuclear infrastructure, the US and EU would provide guarantees that financial and economic sanctions will be suspended or cancelled. The EU would stop its oil embargo and end its banking sanctions, and Iran would be allowed to participate in the Swift electronic banking system that is the lifeblood of international finance. Barack Obama would issue presidential waivers suspending the operation of US trade and financial sanctions.

7.A new UN security council resolution and the arms embargo

The JCPOA will be incorporated into a new security council resolution intended to replace and supersede six earlier sanctions resolutions imposed on Iran over its nuclear program. The resolution will be passed before the end of the month but the agreement will not take effect for 90 days, allowing for the domestic political review to be completed. An arms embargo on Iran would remain in place for five years, and a ban on the transfer of missile technology would stay for eight years.

On July 20,2015 the corresponding resolution on Iran’s nuclear program agreement was adopted by UN Security Council.

Adoption

October 18, 2015 marks “Adoption Day” under the JCPOA – the day on which the JCPOA becomes effective and participants begin to make the necessary preparations for implementation of their JCPOA commitments. In connection with Adoption Day, on October 18, 2015, the United States President issued a memorandum directing his administration to take all appropriate preparatory measures to ensure the prompt and effective implementation of the U.S. commitments set forth in the JCPOA upon Iran’s fulfillment of the requisite conditions. In particular, the US President directed the agencies to take steps to give effect to the U.S. commitments with respect to sanctions described in the JCPOA. In addition, on October 18, 2015, the Secretary of State issued contingent waivers of certain statutory sanctions provisions. These waivers were not currently in effect and will only take effect on Implementation Day.. Thus, the US was signaling Iran that the country was ready to do more than whatw as required to implement the JCPOA.

Next Steps

JCPOA ‘s Annex V – Implementation Plan1 which describes the sequence of the actions specified in the agreement clearly states in section A. Finalization Day (2-4) that Iran and the IAEA will start “developing necessary arrangements to implement all transparency measures provided for in this JCPOA so that such arrangements are completed, in place, and ready for implementation”. Meanwhile, in accordance with the UN Security Council resolution endorsing this JCPOA, the provisions imposed in UN Security Council resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) will be “terminated subject to re-imposition in the event of significant nonperformance by Iran of JCPOA commitments, and specific restrictions, including restrictions regarding the transfer of proliferation sensitive goods will apply”.

Thus, the onus of compliance was primarily on Iran and any failure would result in the re-imposition of the sanctions regoime under the UN. Thus, all concessions given to Iran were conditional on very strict compliance of the JCPOA.

The Role of the International Atomic Energy Agency (IAEA)

The IAEA, United Nations nuclear watchdog, had a crucial role in the implementation of the JCPOA. Theew was also separate “roadmap” agreement between Iran and the IAEA, undr which the agency would have to investigate the military dimensions of Iran’s program, issue a report, and then close Iran’s decade-old file within before the deal could come into effect. For sanctions on Iran to be lifted, the IAEA must first verify that e Iran had honored all its commitments under the July deal, including dismantling large numbers of its centrifuges for uranium enrichment and filling parts of its Arak nuclear site with cement. The closure of the IAEA’s nuclear weaponization probe was one of the prerequisites for the implementation of the JCPA.

The IAEA conducted a 12-year long survey on Iran’s nuclear program. Finally, on December 15, 2015 the IAEA closed the book on the possible military aspects of Iran’s nuclear program, finding that they were limited to feasibility and scientific studies and did not proceed beyond 2009, bringing an international nuclear accord with Iran a step closer to implementation.   The resolution moved Iran another step closer to large-scale sanctions relief following its deal with world powers this summer. Thus, Iran had cleared one of the nuclear deal’s most important hurdles. Iran had yet to complete other provisions for implementing the deal, including removing the core of its plutonium reactor, scrapping much of its nuclear-fuel stockpile and removing thousands of centrifuges from its nuclear facilities. Iranian and U.S. officials have said that could be accomplished as early as January—one month ahead of parliamentary elections in Iran.

On December 15, 2015, IAEA Director-General Yukiya Amano confirmed that Iran was moving quickly to meet its commitments. Iran hoped to put the restrictions in place within two to three weeks. The restrictions Iran must put in place include drastically reducing the number of centrifuges installed at its underground enrichment sites, removing the core vessel of a reactor at Arak and shrinking its stockpile of enriched uranium..

Next Steps

The IAEA must verify that Iran has put the required nuclear restrictions in place for sanctions to be lifted. Iran had been racing to keep its side of the JCPOA deal. The next step was for Iran to complete the necessary preparatory steps to start implementing the JCPOA. On receipt of an IAEA report verifying that Iran had taken all actions specified in the JCPOA, the agency would then terminate the relevant resolutions it had previously passed in connection with Iran’s nuclear program. This will allow Iran to participate in all IAEA technical cooperation activities, for instance. Meanwhile, Iran’s president, Hassan Rouhani, said on December 16, 2015 that Iran would carry out its remaining obligations and would now dismantle some nuclear centrifuges and ship out a major portion of its stockpile of enriched uranium

Implementation Day

The Implementation Day is a major landmark in the JCPOA and will occur only once the IAEA verifies that Iran has implemented key nuclear-related measures specified in the agreement. Several preparatory steps have to be completed by Iran. This will be a major landmark, if and when it occurrs.

The Future of the JCPOA

The United States has taken a step toward lifting at least some sanctions against Iran, with U.S. Secretary of State John Kerry telling the Senate Foreign Relations Committee that Tehran is fulfilling its obligations in a “transparent” and “verifiable” way under an international agreement on its nuclear program. Kerry made the remarks on December 16, 2015. The Obama administration estimated it would not be until spring that Iran would be in compliance with the terms required for sanctions relief to begin. The sanctions, if and when, lifted would give Iran access to billions in frozen assets and oil revenue. Thus, the United States appeared poised to lift at least some sanctions against Iran — possibly as early as January 2016.

It took a great effort on the part of the US and Iran to reach this agreement. Iran made concessions in order to get rid of the sanctions regime which was crippling its economy. The people of Iran also wanted to end this confrontation with the West. The adoption of the resolution had become the breakthrough in relations between IAEA and Iran. Although, the IAEA’s report strongly suggesting Iran had engaged in activities aimed at developing a nuclear bomb up until 2003 and that there was no credible sign of weapons-related work beyond 2009. Despite the finding, the international response to the report had been “muted”, indicating a desire to go ahead with an agreement that “allayed fears of a wider Middle East war over Iran’s nuclear ambitions, rather than dwell on its past actions”.

Under the JCPOA Iran pledged never under any circumstances to seek, develop or acquire nuclear weapons, and the UN Security Council is to consider ending sanctions imposed for its NPT violations once it receives IAEA’s report on verification. Once the deal was implemented, most U.S., U.N. and European Union economic and financial sanctions would be suspended, including Europe’s embargo on Iranian energy. However, an arms ban will remain in replace as well as sanctions on dozens of people and companies associated with Iran’s nuclear program. Iran will also have to seek permission to import so-called dual-use goods, which could be used in an illicit nuclear program. Other U.S. sanctions related to human-rights abuses and support for terror groups, including a “near-comprehensive embargo” on U.S. trade with Iran, will remain in place.

Much work lies ahead to reach this agreement and a further sustained effort will be required to implement it. It isn’t gong o be easy at all. With the lifting of sanctions, Iran was poised to add a half million barrels a day to the saturated world oil supply by mid-2016, once the sanctions relief goes into effect, said Sara Vakhshouri, a senior energy fellow at the Atlantic Council think tank in Washington. Positive news on Iran’s nuclear agreement with world powers “could have a psychological downward impact on the global oil prices,” Vakhshouri said. “This could happen even before Iran increases its export volumes.” Notwithstanding he criticisms, the JCPOA has the potential to provide stability, security and economic prosperity to Iran and thereby help stabilize a volatile region.

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Middle East

Saudi Arabia and Iran cold war

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After almost seven decades, the cold war has reached the middle east, turning into a religious war of words and diplomacy. As Winston Churchill says that “diplomacy is an art of telling someone to go to hell in such a way that they ask for the direction”. So, both the regional powers are trying to pursue a policy of subduing the adversary in a diplomatic manner. The root of the conflict lies in the 1979, Iranian revolution, which saw the toppling of the pro-western monarch shah Muhammad Reza Pahlavi and replaced by the so-called supreme leader Ayatollah Khamenei. From a Yemini missile attack to the assassination of the supreme commander QassimSoleimani, the political, ideological and religious differences between Iran and Saudi Arabia are taking the path of confrontation. The perennial rivalry between the two dominant Shiite and Sunni power house ins an ideological and religious one rather than being geo strategic or geo political. Back to the time when Saudi Arabia supported Saddam Hussain against the united states of Americathe decline of Saddam and his authoritarian regime was made inevitable and with this, Iran and Saudi Arabia rosed as the powerful, strategic and dominant political forces in the middle east.it was from here that the quest for supremacy to be the prepotent and commanding political powercommenced. The tensions escalated or in other words almost tended to turn into scuffles when in 2016, the Iranians stormed the Saudi embassy as a demonstration of the killing of a Shia cleric. The diplomatic ties were broken and chaos and uncertainty prevailed.

This cold war also resembles the original one., because it is also fueled by a blend of ideological conviction and brute power politics but at the same time unlike the original cold war, the middle eastern cold war is multi-dimensional and is more likely to escalate .it is more volatile and thus more prone to transformation. This followed by several incidents with each trying to isolate the other in international relations. The Saudis and Iranians have been waging proxy wars for regional dominance for decades. Yemen and Syria are the two battlegrounds, fueling the Iran-Saudi tensions. Iran has been accused of providing military assistance to the rebel Houthis, which targets the Saudi territory. It is also accused of attacking the world naval ships in the strait of Hormoz, something Iran strongly denies.  This rivalry has dragged the region into chaos and ignited Shia-Sunni conflict across the middle east. The violence in the middle east due to this perennial hostility has also dire consequences for the economy of the war-torn nations. In the midst of the global pandemic, when all the economic activities are at halt, the tensions between the two arch rivals will prove hazardous and will yield catastrophic results. The blockade of the shipping and navigation in the Gulf, attacks on international ships, and the rising concerns of the western powers regarding this issue has left Iran as an isolated country with only Russia supporting her.

A direct military conflict between Saudi Arabia and Iran will have dire consequences for the neighboringcountries. A direct military confrontation might not be a planned one, but it will be fueled due to the intervention of the other key partners, who seek to sought and serve their personal and national intrigues. Most importantly middle east cannot afford a conflict as it is a commercial hub for the world. The recent skirmishes in Iraq sparked fears of wider war when Iraq retaliated for killings of QassimSoleimani. If the US president had not extended an olive branch, the situation might have worsened. The OIC, which is a coalition of 57 Muslim countries has also failed in bringing measures to deescalate the growing tensions. The OIC, where the Saudi Arabia enjoys an authoritarian style of dominance has always tried to empower her own ideology while rising the catch cry of being a sacred country to all the Muslims. Taking in account, the high tensions and ideological and the quest for religious dominance, the international communities such as UN and neighboring countries should play a positiveand vital role in deescalating these tensions. Bilateral trade, communications between the two adversaries with a regional power playing the role of mediator and extending an olive branch to each other will yield better results and will prove fruitful in mitigating the conflict if not totally subverting it.

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First Aid: How Russia and the West Can Help Syrians in Idlib

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Authors: Andrey Kortunov and Julien Barnes-Dacey*

The next international showdown on Syria is quickly coming into view. After ten years of conflict, Bashar al-Assad may have won the war, but much is left to be done to win the peace. This is nowhere more so than in the province of Idlib, which is home to nearly 3 million people who now live under the control of extremist group Hayat Tahrir al-Sham (HTS) with external Turkish protection and humanitarian assistance from the United Nations.

The question of humanitarian access into Idlib is now emerging as a central focus of new international politicking. In so doing, this small province could be pivotal to the future of the larger stalemate that has left the United States, Europe, and Russia locked in an unwinnable status quo.

Russia has said that it plans to veto an extension of cross-border UN aid delivered from Turkey, authorised under UN Security Council resolution 2533, which is up for renewal in July, potentially depriving the population of a vital lifeline amid desperate conditions. Moscow says that all aid should be channelled from Damascus via three new government-controlled crossing points to the northern province. Western governments, to say nothing of the local population, are sceptical, given the Syrian government’s hostility towards the province’s inhabitants. For its part, the UN says that cross-lines aid cannot compensate for a closure of cross-border access.

As ever, the two dominant players—the US and Russia—are talking past each other and are focused on countering each other’s moves—to their mutual failure. It is evident that US condemnation and pressure on Russia will not deliver the necessary aid, and also evident that Russia will not get its wish for the international recognition of the legitimacy of the Syrian government by vetoing cross-border access. While these will only be diplomatic failures for the US and Russia, it is the Syrian people who will, as ever, pay the highest price.

But a mutually beneficial solution to Idlib is still possible. Russia and the US, backed by European states, should agree to a new formula whereby Moscow greenlights a final one-year extension of cross-border aid in exchange for a Western agreement to increase aid flows via Damascus, including through Russia’s proposed cross-lines channels into Idlib. This would meet the interests of both sides, allowing immediate humanitarian needs to be met on the ground as desired by the West, while also paving the way for a transition towards the Damascus-centred international aid operation sought by Moscow.

This imperfect but practical compromise would mean more than a positive change in the humanitarian situation in Idlib. It would demonstrate the ability of Russian and Western actors to work together to reach specific agreements in Syria even if their respective approaches to the wider conflict differ significantly. This could serve to reactivate the UN Security Council mechanism, which has been paralysed and absent from the Syrian track for too long.

To be sure the Syrian government will also need to be incentivised to comply. Western governments will need to be willing to increase humanitarian and early recovery support to other parts of government-controlled Syria even as they channel aid to Idlib. With the country now experiencing a dramatic economic implosion, this could serve as a welcome reprieve to Damascus. It would also meet Western interests in not seeing a full state collapse and worsening humanitarian tragedy.

The underlying condition for this increased aid will need to be transparency and access to ensure that assistance is actually delivered to those in need. The West and Russia will need to work on implementing a viable monitoring mechanism for aid flows channelled via Damascus. This will give Moscow an opportunity to push the Syrian regime harder on matters of corruption and mismanagement.

For its part, the West will need to work with Moscow to exercise pressure on Ankara to use its military presence in Idlib to more comprehensively confront radical Islamists and ensure that aid flows do not empower HTS. A ‘deradicalisation’ of Idlib will need to take the form of a detailed roadmap, including that HTS comply with specific behaviour related to humanitarian deliveries.

Ultimately this proposal will not be wholly satisfactory to either Moscow or the West. The West will not like that it is only a one-year extension and will not like the shift towards Damascus. Russia will not like that it is an extension at all. But for all sides the benefits should outweigh the downsides.

Russia will know that Western actors will respond to failure by unilaterally channelling non-UN legitimised aid into the country via Turkey. Russia will lose the opportunity to slowly move Idlib back into Damascus’s orbit and the country’s de facto partition will be entrenched. This outcome is also likely to lead to increased instability as aid flows decrease, with subsequent tensions between Moscow’s allies, Damascus and Ankara.

The West will need to acknowledge that this approach offers the best way of delivering ongoing aid into Idlib and securing greater transparency on wider support across Syria. The alternative—bilateral cross-border support—will not sufficiently meet needs on the ground, will place even greater responsibility on Turkey, and will increase the prospect of Western confrontation with Russia and the Syrian regime.

Importantly, this proposal could also create space for wider political talks on Idlib’s fate. It could lead to a renewed track between Russia, the US, Turkey and Europeans to address the province’s fate in a way that accounts for Syria’s territorial integrity and state sovereignty on the one hand and the needs and security of the local population on the other hand. After ten years of devastating conflict, a humanitarian compromise in Idlib will not represent a huge victory. But a limited agreement could still go a long way to positively changing the momentum in Syria and opening up a pathway for much-needed international cooperation.

* Julien Barnes-Dacey, Middle East and North Africa Programme Director, European Council on Foreign Relations (ECFR)

From our partner RIAC

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Iran’s Impunity Will Grow if Evidence of Past Crimes is Fully Destroyed

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No reasonable person would deny the importance of preventing a nuclear-armed Iran. But that issue must not be allowed to continue overshadowing Iran’s responsibility for terrorism and systematic human rights violations. These matters represent a much more imminent threat to human life, as well as longstanding denials of justice for those who have suffered from the Iranian regime’s actions in the past.

The Iranian people have risen multiple times in recent years to call for democratic change. In 2017, major uprisings broke out against the regime’s disastrous policies. Although the ruling clerics suppressed those protests, public unrest soon resumed in November 2019. That uprising was even broader in scope and intensity. The regime responded by opening fire on crowds, murdering at least 1,500. Amnesty International has reported on the torture that is still being meted out to participants in the uprising.

Meanwhile, the United Nations and human rights organizations have continued to repeat longstanding calls for increased attention to some of the worst crimes perpetrated by the regime in previous years.

Last year, Amnesty International praised a “momentous breakthrough” when seven UN human rights experts demanded an end to the ongoing cover-up of a massacre of political prisoners in the summer of 1988.

The killings were ordered by the regime’s previous supreme leader Khomeini, who declared that opponents of the theocracy were “enemies of God” and thus subject to summary executions. In response, prisons throughout Iran convened “death commissions” that were tasked with interrogating political prisoners over their views. Those who rejected the regime’s fundamentalist interpretation of Islam were hanged, often in groups, and their bodies were dumped mostly in mass graves, the locations of which were held secret.

In the end, at least 30,000 political prisoners were massacred. The regime has been trying hard to erase the record of its crimes, including the mass graves. Its cover-up has unfortunately been enabled to some degree by the persistent lack of a coordinated international response to the situation – a failure that was acknowledged in the UN experts’ letter.

The letter noted that although the systematic executions had been referenced in a 1988 UN resolution on Iran’s human rights record, none of the relevant entities within that international body followed up on the case, and the massacre went unpunished and underreported.

For nearly three decades, the regime enforced silence regarding any public discussion of the killings, before this was challenged in 2016 by the leak of an audio recording that featured contemporary officials discussing the 1988 massacre. Regime officials, like then-Minister of Justice Mostafa Pourmohammadi, told state media that they were proud of committing the killings.

Today, the main victims of that massacre, the principal opposition Mujahedin-e Khalq (MEK), are still targets of terrorist plots on Western soil, instigated by the Iranian regime. The most significant of these in recent years was the plot to bomb a gathering organized near Paris in 2018 by the MEK’s parent coalition, the National Council of Resistance of Iran (NCRI). The Free Iran rally was attended by tens of thousands of Iranian expatriates from throughout the world, as well as hundreds of political dignitaries, and if the attack had not been prevented by law enforcement, it would have no doubt been among the worst terrorist attacks in recent European history.

The mastermind of that attack was a high-ranking Iranian diplomat named Assadollah Assadi. He was convicted in a Belgian court alongside three co-conspirators in February. But serious critics of the Iranian regime have insisted that accountability must not stop here.

If Tehran believes it has gotten away with the 1988 massacre, one of the worst crimes against humanity from the late 20th century, it can also get away with threatening the West and killing protesters by the hundreds. The ongoing destruction of mass graves demonstrates the regime’s understanding that it has not truly gotten away with the massacre as long as evidence remains to be exposed.

The evidence of mass graves has been tentatively identified in at least 36 different cities, but a number of those sites have since been covered by pavement and large structures. There are also signs that this development has accelerated in recent years as awareness of the massacre has gradually expanded. Unfortunately, the destruction currently threatens to outpace the campaign for accountability, and it is up to the United Nations and its leading member states to accelerate that campaign and halt the regime’s destruction of evidence.

If this does not happen and the 1988 massacre is consigned to history before anyone has been brought to justice, it will be difficult to compel Tehran into taking its critics seriously about anything, be it more recent human rights violations, ongoing terrorist threats, or even the nuclear program that authorities have been advancing in spite of the Western conciliation that underlay 2015 Joint Comprehensive Plan of Action.

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