The post WWII architecture is a strong and decisive reaction to the Great Depression, the rise of fascism, the horrors of WWII and the Holocaust. The United Nations, created in San Francisco on 26 June 1945, are built on three main pillars: Freedom from fear and violence, freedom from want and poverty, human rights and respect for human dignity. For the first time in human history, war has been prohibited in international law with only minor exceptions, namely the right of States to self-defence and the collective security system under the guidance of the UN Security Council. For the first time in human history, the promotion and protection of human rights were acknowledged as a legitimate goal of the international community and international law. For the first time in human history, the main perpetrators of war crimes and crimes against humanity had been brought to justice before international military tribunals in Nuremberg and Tokyo. And for the first time in human history, economic and social development, prosperity and the eradication of poverty have been defined as goals of a new world order. These ambitious aims and objectives were only possible thanks to the antifascist consensus among the allies, which at that time seemed to be even stronger than the differences between capitalism and communism. When the UN Human Rights Commission, the predecessor of the current Human Rights Council, drafted the Universal Declaration of Human Rights between 1946 and 1948, this antifascist consensus was still strong enough to achieve a synthesis between the Western and the Socialist concepts of human rights. The Universal Declaration, solemnly adopted in Paris on 10 December 1948, contains civil and political rights together with economic, social and cultural rights and with the vision of a new “social and international order in which the rights and freedoms set forth in this Declaration can be fully realized” (Article 28).
As soon as the Human Rights Commission started to transfer this historic compromise between liberal freedoms and social security into a legally binding universal convention on human rights, the United States and its allies in 1951 forced a decision in the UN General Assembly to split human rights again into two categories, which dominated the ideological debates during the time of the Cold War. The International Bill of Rights, which was finally adopted after long negotiations in 1966, was divided into the International Covenant on Civil and Political Rights, favoured by the West, and the International Covenant on Economic, Social and Cultural Rights, favoured by the Soviet Union and its allies. Civil and political rights and freedoms were conceived as immediately binding State obligations to respect and ensure the rights to life, personal liberty, privacy, security and integrity, freedom of expression, religion, assembly and association and the right to participate in democratic decision making processes. Economic, social and cultural rights to work, fair, equal and healthy working conditions, social security, the rights to food, housing, health, education and an adequate standard of living, on the other hand, were conceived as mere “programme rights” to be achieved step by step through progressive implementation.
As WWII had started as a European war between fascist and democratic States, Europe felt a particular responsibility to prevent another war and catastrophe like the Holocaust through economic and political cooperation and the protection of human rights. While the European Communities of the 1950s aimed at preventing another war through economic integration, the Council of Europe was established already in 1949 as a political organization based upon human rights, pluralistic democracy and the rule of law. The Council of Europe was a Western European organization, which defended these “European values” against any form of totalitarianism, whether fascism (as practiced at that time in Spain and Portugal) or communism (as practiced in a growing number of Central and Eastern European States).By adopting the European Convention on Human Rights(ECHR) in 1950, which only contained civil and political rights, the Council of Europe left no doubt that it was a Western organization, which did not feel bound by the indivisibility and interdependence of all human rights, as expressed in the Universal Declaration. Economic, social and cultural rights played and unfortunately still play in the Council of Europe a subordinate role. The European Convention with the European Court of Human Rights in Strasbourg, which decides in a legally binding manner on tens of thousands of individual applications per year, is the light-tower of human rights protection in Europe, while the European Social Charter of 1961 and its monitoring system is much weaker and very little known to the public. Nevertheless, this is the time when the social welfare state, based on the economic policies of John Maynard Keynes, was developed in Western Europe, North America and other industrialized nations. The architects of the social welfare state or a market economy with a human face were, however, not even aware that they were implementing economic, social and cultural rights, as these rights were primarily associated with the Soviet Union and its allies.
During the Cold War, human rights were the subject of fierce ideological battles between Western and Communist States, and to a lesser degree, the newly independent States of the Global South. Nevertheless, this was the time when human rights were codified at the universal and regional level. In addition of the two Covenants of 1966, the United Nations adopted a number of universal human rights treaties, such as the International Convention on the Elimination of all Forms of Racial Discrimination of 1965, the Convention on the Elimination of all Forms of Discrimination against Women of 1979, the Convention against Torture of 1984 or the Convention on the Rights of the Child of 1989. These core human rights treaties are today almost universally ratified. On the regional level, the two most important treaties, which were largely based on the European Convention, are the American Convention on Human Rights of 1969 and the African Charter of Human and Peoples’ Rights of 1981.
With the implosion of the Communist regimes in Central and Eastern Europe and the velvet revolutions of 1989, which quickly led to the fall of the iron curtain and the end of the Cold War, a historic window of opportunity opened for a new world order based upon human rights, democracy and the rule of law. The 1993 Vienna World Conference on Human Rights and the Vienna Declaration and Programme of Action promised a new era, based upon the equality, universality, indivisibility and interdependence of all human rights, spear-headed by the newly created Office of the UN High Commissioner for Human Rights. For the first time, the collective security system of the UN Charter was applied in practice and led to new generations of peace-building missions with human rights components and peace-enforcement actions, which also tackled some of the worst human rights violations. Two ad-hoc international criminal tribunals for the former Yugoslavia and Rwanda were established by the UN Security Council as the first ones after the Nuremberg and Tokyo military tribunals and led to the creation of a permanent International Criminal Court in 1998. In the same year, the 11th Additional Protocol to the ECHR entered into force and transformed the European Court of Human Rights into a full-time court which since then has delivered thousands of judgments every year, most of them in relation to the newly admitted former Communist States in Central and Eastern Europe. In 2000, the EU adopted a Charter on Fundamental Rights, and the United Nations adopted Millennium Development Goals, which promised a better future, above all for the poor and marginalized communities in the Global South. Despite the genocides in Rwanda and Bosnia and Herzegovina, which happened before the eyes of UN peacekeepers, one can conclude that never before were human rights advanced in such a quick, innovative and forceful manner than during the 1990s.
Let’s go back to 1989, which was a truly remarkable year in human history. In addition to the velvet revolutions, the world wide web was created, and with the “Washington Consensus”, the World Bank and the International Monetary Fund agreed to adopt the neoliberal economic policies of privatization, deregulation and minimizing the role of the State, which had been advocated for many years by the Chicago School of Economics, thereby replacing the more interventionist economic policies of John Maynard Keynes. This meant that the rapid digitalization and globalization of our world were driven by neoliberal economic and financial policies. As a consequence, the historic opportunity of implementing a new world order inspired by universal human rights, democracy and the rule of law wassoon replaced by a new world order driven by transnational corporations and global financial markets. On the one hand, these policies led to an unprecedented economic growth and global digitalization, which contributed to more prosperity and a significant reduction of poverty, above all in China, India and other Asian States. On the other hand, these policies led to a dramatic increase of economic inequality, which is undermining the social coherence and democratic values of our societies. Radical policies of privatization, which had started already in the US and the UK during the 1980s, include even core State functions, such as the military, intelligence, police, justice and prisons (rise of private military and security companies), as well as providing social security, pensions, health care and education. The policy of minimizing the role of the State, which is often imposed on governments by the international financial institutions, result in drastic reductions in social security and social welfare and undermine the obligation of States to protect and fulfil economic, social and cultural rights, but also civil and political rights. In this context, we observe the rising phenomenon of failed and fragile states, which lead to insecurity, armed conflicts, the rise of organized crime and terrorism. Finally, the deregulation of global financial markets led to unprecedented speculations, tax evasion, money laundering, corruption and the undermining of the banking system, which directly resulted in the global financial and economic crisis of 2008. There can also be no doubt that the neoliberal economic policies contributed significantly to the current climate crisis, the ruthless exploitation of nature, deforestation and the destruction of our environment. The slim neoliberal state has no longer the power and the political will to regulate and control transnational corporations and global financial markets, and international organizations, such as the United Nations, the World Bank, International Monetary Fund, the World Trade Organization or the European Union, which would have the power by concerted efforts to regain political control over global markets, are either at the forefront of neoliberal economic policies themselves or are increasingly undermined by nationalistic and populistic politicians. The Brexit, attacks by the Russian Federation against the Council of Europe, the sidelining of the United Nations in relation to the armed conflicts in Syria, Libya and other regions, and open attacks by the United States against the United Nations, its specialized agencies, such as the World Health Organization, or against the International Criminal Court are only a few symptoms of the current crisis of multilateralism.
The world was in disarray when the Corona virus appeared on the global agenda at the beginning of a new decade, and when the COVID-19 pandemic led to an unprecedented lockdown of the global economy, a fundamental restructuring of our daily life and drastic restrictions of our most cherished human rights. Our world was certainly not well prepared to deal with this pandemic, which has caused already more deaths worldwide than the tsunami as the worst disaster of the 21st century. The most neoliberal States, such as the US, the UK and Brazil, which happen to be governed by politicians, who are used to “solve” crisis situations by spreading fake news and searching for scapegoats, seem to be hit most severely. In Europe, States which had cut down their public health and social security systems most radically, such as the UK, Italy and Spain, encountered much more serious problems to contain the spread of the virus than States, where the public health and social security systems had somehow survived neoliberal policies. Even politicians, who for many years had preached that free markets are much better equipped to solve problems than governments, realized that we need strong and well-functioning States to take the necessary measures and that we should listen to experts rather than populists, fake news and social media in order to cope effectively with this pandemic. It is too early to draw far-reaching conclusions since we are still in the middle of this health crisis and do not know how the coming months will develop. Nevertheless, there is a growing awareness among the people, irrespective of their political opinions and political party alliances, that there is something fundamentally wrong with the way how we are living and that we need to drastically change our economic, political and social world order if we wish to ensure the survival of our planet and a healthy and satisfactory life for our children and future generations.
Where does this leave us with respect to the topic of this conference? What can we learn from this short historical overview for a pan-European future, built upon antifascism as a European confidence building block, mutual trust and good neighbourly relations? One conclusion is obvious: In order to deal with the COVID-19 pandemic and other global challenges, such as the global climate crisis, growing economic inequality or global migration, we need to strengthen, rather than weaken, the regulatory functions of States and of international organizations, both at the global and regional (European) level. Secondly, we need to replace the neoliberal economic politics by a new and more social market economy “with a human face”, which is more responsible towards nature, towards economic equality and solidarity with the poor and marginalized sectors of our societies, at the national, regional (European) and global level. This also means that politics need to regain its power to control and regulate the economy, as has been well illustrated during the COVID-19 pandemic. We need to use this new confidence in a responsible regulatory power of politics to also tackle other global threats, such as the climate crisis. At the same time, we need to strengthen the EU by transferring certain powers in the field of social justice, public health, environmental protection, asylum and migration policies from the member States to the EU institutions. The EU, which, despite the Brexit, is still a major global economic and political player, shall further be entrusted by its member States to pursue and strengthen these socially and ecologically sustainable politics also at the global level, above all in the international financial institutions and the WTO.
With respect to the Council of Europe, which is a truly pan-European organization with currently 47 member States and a pioneer in international human rights protection, we need to introduce economic, social and cultural rights on an equal level with civil and political rights and try to overcome the deep distrust between the Russian Federation and Western European States. This requires confidence-building from both sides. The Council of Europe, as a Western European organization, had quickly opened its doors after 1989 and invited the former Communist States to join. Many States used the Council of Europe as an entry door for quick EU and/or NATO membership, which was not always properly coordinated with Moscow and led even to armed conflicts in Georgia and the Ukraine. Many “frozen conflicts” in Europe, such as Nagorno Karabakh, Abkhazia, South Ossetia, Tansnistria, Eastern Ukraine, Kosovo and the Republika Srpska, can only be solved if the Russian Federation is again better integrated into European politics. The Council of Europe and the Organization for Security and Cooperation in Europe (OSCE), provide the necessary diplomatic platforms, but the political will for mutual confidence-building is still lacking. Antifascism is no longer a meaningful basis for a pan-European confidence block, and in fact it had played this role only for a few years immediately after WWII. If the Council of Europe, with the active support of the EU, would be able to build a pan-European social welfare system, which is based on the indivisibility of all human rights rather than on neoliberal economic policies, then it would resume its pioneering role as a political organization that is uniting Europe on the basis of common European values.
(Exclusive speech for the Conference at the DAW, Vienna, 1 July 2020)
Europe tells Biden “no way” to Cold War with China
Amidst the first big transatlantic tensions for the Biden Administration, a new poll shows that the majority of Europeans see a new Cold War happening between the United States and China, but they don’t see themselves as a part of it.
Overwhelmingly, 62% of Europeans believe that the US is engaged in a new Cold War against China, a new poll just released by the European Council on Foreign Relations found. Just yesterday US President Joe Biden claimed before the UN General Assembly that there is no such thing and the US is not engaging in a new Cold War. So, Europeans see Biden’s bluff and call him on it.
The study was released on Wednesday by Mark Leonard and Ivan Krastev at the European Council on Foreign Relations and found that Europeans don’t see themselves as direct participants in the US-China Cold War. This viewpoint is most pronounced in Bulgaria, Hungary, Austria, Portugal and Italy, according to the study. The prevailing view, in each of the 12 surveyed EU member states, is one of irrelevance – with respondents in Hungary (91%), Bulgaria (80%), Portugal (79%), and Austria (78%) saying that their country is not in a conflict with Beijing.
Only 15% of Europeans believe that the EU is engaged in a Cold War against China. The percentage is so low that one wonders if there should even be such a question. It is not only not a priority, it is not even a question on the agenda for Europeans. Even at the highest point of EU “hawkishness”, only 33% of Swedes hold the view that their country is currently in a Cold War with China. Leonard and Krastev warn that if Washington and Brussels are preparing for an all-in generational struggle against China, this runs against the grain of opinion in Europe, and leaders in Washington and Brussels will quickly discover that they “do not have a societal consensus behind them”.
“The European public thinks there is a new cold war – but they don’t want to have anything to do with it. Our polling reveals that a “cold war” framing risks alienating European voters”, Mark Leonard said.
The EU doesn’t have the backing of its citizens to follow the US in its new Cold War pursuit. But unlike the views of the authors of the study, my view is that this is not a transatlantic rift that we actually have to be trying to fix. Biden’s China policy won’t be Europe’s China policy, and that’s that, despite US efforts to persuade Europe to follow, as I’ve argued months ago for the Brussels Report and in Modern Diplomacy.
In March this year, Gallup released a poll that showed that 45% of Americans see China as the greatest US enemy. The poll did not frame the question as Cold War but it can be argued that Joe Biden has some mandate derived from the opinion of American people. That is not the case for Europe at all, to the extent that most of us don’t see “China as an enemy” even as a relevant question.
The US’s China pursuit is already giving horrible for the US results in Europe, as French President Macron withdrew the French Ambassador to the US. The US made a deal already in June, as a part of the trilateral partnership with the UK and Australia, and stabbed France in the back months ago to Macron’s last-minute surprise last week. Max Boot at the Council on Foreign Relations argues that it is Macron that is actually arrogant to expect that commitments and deals should mean something: “Back in February, Macron rejected the idea of a U.S.-E.U. common front against China. Now he complains when America pursues its own strategy against China. What’s French for chutzpah?” What Boot does get right is that indeed, there won’t be a joint US-EU front on China, and European citizens also don’t want this, as the recent poll has made clear.
The US saying Europe should follow the US into a Cold War with China over human rights is the same thing as China saying that Europe should start a Cold War with the US over the bad US human rights record. It’s not going to happen. You have to understand that this is how ridiculous the proposition sounds to us, Europeans. Leonard and Krastev urge the EU leadership to “make the case for more assertive policies” towards China around European and national interests rather than a Cold War logic, so that they can sell a strong, united, and compelling case for the future of the Atlantic alliance to European citizens.
I am not sure that I agree, as “more assertive policies” and “cold war” is probably the same thing in the mind of most Europeans and I don’t think that the nuance helps here or matters at all. Leaders like Biden argue anyway that the US is not really pursuing a Cold War. The authors caution EU leaders against adopting a “cold war” framing. You say “framing”, I say “spin”. Should we be in engaging in spins at all to sell unnecessary conflict to EU citizens only to please the US?
“Unlike during the first cold war, [Europeans] do not see an immediate, existential threat”, Leonard clarified. European politicians can no longer rely on tensions with China to convince the electorate of the value of transatlantic relations. “Instead, they need to make the case from European interests, showing how a rebalanced alliance can empower and restore sovereignty to European citizens in a dangerous world”, Mark Leonard added. The study shows that there is a growing “disconnect” between the policy ambitions of those in Brussels and how Europeans think. EU citizens should stick to their sentiments and not be convinced to look for conflict where it doesn’t exist, or change what they see and hear with their own eyes and ears in favor of elusive things like the transatlantic partnership, which the US itself doesn’t believe in anyways. And the last thing that should be done is to scare Europeans by convincing them they live in a “dangerous world” and China is the biggest threat or concern.
What the study makes clear is that a Cold War framing against China is likely to repel more EU voters than it attracts, and if there is one thing that politicians know it is that you have to listen to the polls in what your people are telling you instead of engaging in spins. Those that don’t listen in advance get the signs eventually. At the end of the day it’s not important what Biden wants.
Germany and its Neo-imperial quest
In January 2021, eight months ago, when rumours about the possibility of appointment of Christian Schmidt as the High Representative in Bosnia occurred for the first time, I published the text under the title ‘Has Germany Lost Its NATO Compass?’. In this text I announced that Schmidt was appointed to help Dragan Čović, the leader of the Croatian HDZ party, to disrupt the constitutional structure of Bosnia-Herzegovina and create precoditions for secession of the Serb- and Croatian-held territories in Bosnia and the country’s final dissolution. I can hardly add anything new to it, except for the fact that Schmidt’s recent statements at the conference of Deutsche Atlantische Gesellschaft have fully confirmed my claims that his role in Bosnia is to act as Čović’s ally in the latter’s attempts to carve up the Bosnian Constitution.
Schmidt is a person with a heavy burden, the burden of a man who has continuously been promoting Croatian interests, for which the Croatian state decorated him with the medal of “Ante Starčević”, which, in his own words, he “proudly wears” and shares with several Croatian convicted war criminals who participated in the 1992-1995 aggression on Bosnia, whom Schmidt obviously perceives as his ideological brethren. The question is, then, why Germany appointed him as the High Representative in Bosnia?
Germany’s policy towards Bosnia, exercised mostly through the institutions of the European Union, has continuously been based on the concept of Bosnia’s ethnic partition. The phrases that we can occassionaly hear from the EU, on inviolability of state boundaries in the Balkans, is just a rhetoric adapted to the demands by the United States to keep these boundaries intact. So far, these boundaries have remained intact mainly due to the US efforts to preserve them. However, from the notorious Lisbon Conference in February 1992 to the present day, the European Union has always officially stood behind the idea that Bosnia-Herzegovina should be partitioned along ethnic lines. At the Lisbon Conference, Lord Carrington and Jose Cutileiro, the official representatives of the then European Community, which has in the meantime been rebranded as the European Union, drew the maps with lines of ethnic partition of Bosnia-Herzegovina, along which the ethnic cleansing was committed, with 100.000 killed and 1,000.000 expelled, so as to make its territory compatible with their maps. Neither Germany nor the European Union have ever distanced themselves from the idea they promoted and imposed at the Lisbon Conference as ‘the only possible solution’ for Bosnia, despite the grave consequences that followed. Nor has this idea ever stopped being a must within their foreign policy circles, as it has recently been demonstrated by the so-called Janša Non-Paper, launched a couple of months ago, which also advocates the final partition and dissolution of Bosnia-Herzegovina. Such a plan is probably a product of the powerful right-wing circles in the European institutions, such as Schmidt’s CSU, rather than a homework of Janez Janša, the current Prime Minister of Slovenia, whose party is a part of these circles, albeit a minor one. To be sure, Germany is not the original author of the idea of Bosnia’s partition, this author is Great Britain, which launched it directly through Lord Carrington at the Lisbon Conference. Yet, Germany has never shown a will to distance itself from this idea, nor has it done the European Union. Moreover, the appointment of Schmidt, as a member of those political circles which promote ethnic partition as the only solution for multiethnic countries, testifies to the fact that Germany has decided to fully apply this idea and act as its chief promoter.
In this process, the neighbouring countries, Serbia and Croatia, with their extreme nationalist policies, can only act as the EU’s proxies, in charge for the physical implemenation of Bosnia’s pre-meditated disappearance. All the crimes that Serbia and Croatia committed on the Bosnian soil – from the military aggression, over war crimes, ethnic cleansing and genocide, up to the 30 year-long efforts to undermine Bosnia’s sovereignty and territorial integrity – have always had a direct approval and absolute support of the leading EU countries. During the war and in its aftermath, Great Britain and France were the leaders of the initiatives to impose ethnic partition on the citizens of Bosnia-Herzegovina, and now Germany has taken up their role. In such a context, the increasing aggressiveness of Serbia and Croatia can only be interpreted as a consequence of the EU’s intention to finish with Bosnia for good, and Schmidt has arrived to Bosnia to facilitate that process. Therefore, it is high time for the citizens of Bosnia-Herzegovina to abandon any ilussions about the true intentions of the European Union and reject its Trojan Horse in the form of the current High Representative.
Should there be an age limit to be President?
The presidential elections in Bulgaria are nearing in November 2021 and I would like to run for President of Bulgaria, but the issue is the age limit.
To run for President in Bulgaria a candidate needs to be at least 40 years old and I am 37. I am not the first to raise the question: should there be an age limit to run for President, and generally for office, and isn’t an age limit actually age discrimination?
Under the international human rights law standard, putting an age limit is allowed in the context of political participation under the right to vote and the right to run to be elected. Human Rights Committee General Comment No.25 interpreting the International Covenant on Civil and Political Rights states that an age limit has to be based on objective and reasonable criteria, adding that it is reasonable to have a higher age requirement for certain offices. As it stands, the law says that having an age limit for president is not age discrimination, but is 40 actually a reasonable cut-off? National legislations can change. We need to lower the age limit and rethink what’s a reasonable age for President, and not do away with all age limits.
We have seen strong leaders emerge as heads of state and government who are below 40 years of age. Sanna Marin, Prime Minister of Finland, became Prime Minister at 34. Sebastrian Kurz, the Prime Minister of Austria, was elected at 31. Jacinda Ardern, Prime Minister of New Zealand, assumed her position at 37. So perhaps it is time to rethink age limits for the highest offices.
The US has plenty of examples where elected Senators and Congressmen actually beat the age limit and made it despite the convention. The age limit for Senator in the US is 30 years old. Rush Holt was elected to the US Senate at 29. In South Carolina, two State Senators were elected at 24 years old and they were seated anyways. The age limit for US president is 35 years old.
In Argentina, the age cut-off is 30. In India, it is 35. In Pakistan, it is 45 years old. In Turkey, it is 40 years old. Iceland says 35 years old. In France, it is 18.
Generally, democracies set lower age limits. More conservative countries set the age limit higher in line with stereotypes rather than any real world evidence that a 45 year-old or 55 year-old person would be more effective and better suited to the job. Liberal countries tend to set lower age limits.
40 years old to be a President of Bulgaria seems to be an arbitrary line drawn. And while it is legal to have some age limits, 40 years old seems to be last century. Changing the age limit for president of Bulgaria could be a task for the next Bulgarian Parliament for which Bulgarians will also vote on the same date as they vote for President.
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