The Eastern European nations of Turkey, Greece and Cyprus have been embroiled in a battle of invectives over the exploration of gas deposits in the Mediterranean Sea. However, words have begun to quickly devolve into explicit displays of military strength as both Greece and Turkey have sent warships to protect deposits they see as falling in their territory. Greece claims that the gas reserves fall in their Exclusive Economic Zone (EEZ) according to the UN Convention on the Laws of the Sea (UNCLOS) while Turkey, a non-signatory to UNCLOS, claims it is covered in their continental shelf region. The European Union has expressed its invariable support to Greece and Cyprus, as both nations are members of the EU, but Turkey has refused to back down. The conflict becomes all the more pronounced because both the nations are NATO (North Atlantic Treaty Organization) members, and in normal circumstances, the US would intervene and guarantee peace. However, the US under President Donald Trump has preferred to take a back seat and focus on domestic issues, with the Presidential elections approaching.
Foundering economy and geopolitical costs
It might be surprising to see Turkey put up such a belligerent and tenacious front in this conflict considering the nosediving global oil prices and the imploding Turkish lira, adding to the shock electoral defeat of President Erdogan’s party in Istanbul’s mayoral elections in 2019. Turkish foreign exchange deposits are at crisis level and they have been depending on Qatari dollars to stay afloat. Some observers have tried to explain Turkey’s stance as being something of a desperate attempt to prop up its economy by securing a lucrative hydrocarbon stimulant. There could be truth to this, but it is a short-sighted explanation. Off-shore gas exploration in itself is a very expensive operation, requiring massive amounts of investment. On top of that, setting up drilling and refining facilities requires further injections of investment, something Turkey by itself is incapable of doing. Add to this the tricky geopolitical situation Turkey finds itself in.
In late 2019, Turkey signed a bilateral maritime agreement with the Libyan Government of National Accord (GNA) indicating that gas exploration in the Mediterranean will not happen without Ankara’s participation. This was also done because the other Mediterranean states developed the EastMed pipeline project without consulting Turkey, through whose EEZ the supply line would have to pass, thereby angering Turkey. Additionally, France and Turkey have been engaged in proxy conflicts and one-upmanship quarrels since many years now. President Macron’s Libya policy, supporting strongman KhalifaHaftar’s coup attempt was one such instance. Recently, Macron’s visit to besieged Beirut and his promise to redevelop harbour areas along with UAE was a win over Turkey’s bid to do the same. The military agreement with UAE in late 2019 adds to France’s military alliance with Greece, Egypt and Cyprus, which is expected to be a retardant to Turkey’s gunboat diplomacy. Historically too, France has unequivocally opposed Turkey’s entry into the EU. This, coupled with US fence-watching, has put the onus on Germany to intervene and prevent any escalation in tensions.
Aggressive Turkish nationalism and neo-Ottomanism
Foreign observers have been left perplexed at Turkey’s confrontational behaviour and refusal to allow compromises. The question is a natural one considering Turkey’s lack of Western European allies and its sinking economy. It must be understood, however, that since Erdogan’s ascension to Presidency in 2014, and a few years prior to that, Turkey’s post-World War Euro-centric national identity had begun to undergo a radical metamorphosis. After the disintegration of the Ottoman Empire, sovereign Turkey sought to align closely with the West not just geo-strategically but also culturally. A new national consciousness was developed which touted Istanbul as the gateway between the West and the Middle-East. However, persistent rejection from EU membership and a continuously eroding strategic depth began changing the nation’s outlook towards the world and its image of itself. Under Erdogan’s muscular leadership, Turkey has sought to establish itself once more as a leader of the Muslim world (evidenced by its decision to designate the Hagia Sophia as a mosque), which explains some of its assertiveness in the Mediterranean. Turkey also holds a crucial card at the negotiating table with Germany after its actions in Syria, where it controls several prisons holding former ISIS fighters, formerly held by the Kurdish authorities. They also control several refugee camps housing thousands of displaced Syrian and Iraqi citizens, and could use this factor to strong-arm EU nations, whose shores would be welcome destinations for the immigrants. In March, Ankara allowed millions of refugees to enter the EU claiming it was unable to contain the large influx of refugees on its territory. In 2016, Brussels and Ankara signed a pact, where EU offered financial aid and other benefits in return for Turkish guarantees of controlling the refugee movement. Relations became fraught when Turkey accused the EU of reneging on the deal when funding dried up. Consequently, Europe now faces a burgeoning refugee crisis, aggravated by the COVID-19 pandemic.
An important and paradigmatic manifestation of the radical transition of Turkish political discourse is its actions to impose naval hegemony in the Eastern Mediterranean. Popularly called “MaviVatan” or blue homeland in Turkish political dialogue, this refers to its steadfast position that the oil reserves under the seabed belong to Turkey, even in the face of stringent EU sanctions and increased diplomatic isolation. It is representative of a changing political doctrine within the nation that threatens to unhinge an unstable peace in the region.
What can be expected?
There is a strong belief that President Erdogan is playing a high-stakes game, but his final intention is not to cause a full-frontal military conflagration, considering the massive odds against Turkey. It is pitted against the economic and military might of the European Union, the United Arab Emirates, and Israel now, following the historic agreement between the two. His actions have been wired to bring all parties to the negotiating table, and get a portion of the gas reserve to stimulate an economy on the brink. A military conflict does not seem likely as preventive measures will be taken, but one can expect this issue to dominate headlines. Moreover, with the USA conspicuously acting as a pedestrian owing to internal political events, the major players in the conflict will wait until November for a coherent strategy to be forthcoming from Uncle Sam. Moscow’s ambivalence and the lack of consensus over decision-making in the EU points towards a protracted period of brinkmanship.
Dara of Jasenovac
The region that we now call Western Balkans does not remember that the realization of a movie caused many reactions and comments as ” Dara of Jasenovac”. The movie deals with the most painful topic in Serbian history – the genocide that Croats and Bosnian Muslims committed against the Serbian people in the so-called Independent State of Croatia, in the Jasenovac concentration camp during World War II.
All Nazi concentration camps after the end of the World War II were preserved to this day, so that the memory of the crimes would not fade. Millions of visitors come to Auschwitz, Dachau and other death camps, and pay their respects to the innocent victims. When in December 2009 from a museum in Auschwitz the “Arbeit macht frei” (work sets you free) sign was stolen, it was a planetary news. The sign was found after less than a month, although broken into three parts, which was again world news.
But few, outside of the Balkans, have heard about the Jasenovac extermination camp in Croatia, which was never liberated, but instead saw roughly 1,000 inmates escape in the hope that at least one of them would live to tell the world about the horrors of being imprisoned by the Croat Nazi-aligned puppet government that was appointed to rule a part of Axis-occupied Yugoslavia.
Israeli professor Gideon Greif, an expert on Auschwitz, researched the history of Jasenovac, which resulted in his book Jasenovac: Auschwitz of the Balkans. The Croat-run Jasenovac extermination camp was the size of about 150 football pitches and was established on April 10, 1941, four days after Nazi Germany invaded the Kingdom of Yugoslavia.
The wartime Independent State of Croatia, or NDH, was a Fascist satellite that was created by Nazi Germany and Hitler’s closest ally, Mussolini’s Italy. Under its leader, Ante Pavelic, the NDH set out to exterminate the Serbs, Jews and Roma who lived in the areas that were under their control – the Jasenovac camp was built to serve this purpose.
What made Jasenovac particularly cruel was the existence of a special camp for children where more than 20,000 Serbian children were brutally murdered. The methods used by the Croat guards to kill and torture the inmates were reportedly so barbaric that even SS chief Heinrich Himmler is believed to have suggested to the Croats that industrial killing, i.e. gas chambers, was a “cleaner way” to liquidate victims so that the guards wouldn’t need to use knives, axes, and other handheld weapons against those that they were sending to their deaths. Menachem Shelah, a historian with the Yad Vashem, the Holocaust museum in Jerusalem, wrote in 1990 that “the crimes committed in Jasenovac are among the most terrible in the entire history of humanity.”
Historians have estimated that between 700,000 to 1,000,000 people were killed at Jasenovac. The Nazis, themselves, recorded up to 750,000 deaths. Since the breakup of Yugoslavia in 1991, the Croatian government has continually insisted that only 83,000 people were killed at Jasenovac. Croatia’s first post-Yugoslav president, Franjo Tudjman, an unabashed nationalist and the man responsible for restoring the Ustase-era flag as the national symbol of Croatia, insisted until his death in December 1999 that a mere 30,000-40,000 people died while imprisoned at Jasenovac.
The total number of deaths that occurred at Jasenovac may never be known as concerted attempts to suppress the extent of the horrors of the camp continue to this day. This, however, is not a new process. Immediately after World War II, Yugoslavia’s Communist leader, Josip Broz Tito, played down the crimes that were committed at Jasenovac as they were seen as a potential threat to the “brotherhood and unity” doctrine of Tito’s Yugoslavia.
“Dara of Jasenovac“ is the first film dedicated to the Nazi Croat camp Jasenovac for mass extermination of Serbs. The decision of the authorities to show the movie “Dara of Jasenovac” simultaneously on the public services of Serbia and Republic of Srpska, as well as on commercial television in Montenegro, was the right decision in the public interest.
It should be noted that the film Dara from Jasenovac has not only a historical role, but also a geopolitical one. Republic of Srpska has been under pressure since its inception in 1995, with the ultimate goal of abolishing it. There is a whole list of Hollywood films in which Serbs and their struggle in the wars of the 1990s were shown in a negative context. The aim was to show the Serbs as evil and Republic of Srpska as a criminal creation. The ideologues of this theory were the Bosnian Muslim political leaders and the financiers were predominantly Saudi Arabia and Kuwait. That is why “Dara of Jasenovac“ has not only historical and artistic value, but also has a geopolitical one.
`We should continue to make films that will show the suffering of the Serbian people throughout history. I think that we will adopt it, not only as a program act, but also as a program of the Government of Republic of Srpska, to treat Serbian victims in the Independent State of Croatia in the right way“, said Serbian member and chairman of the BiH Presidency Milorad Dodik, after the premiere of “Dara of Jasenovac“. This statement shows that the leading Serbian politician in Bosnia and Herzegovina has strategic thinking, and that is to be commended. All that remains is, that Milorad Dodik should be supported in this plan by other Serbian institutions and especially by the state of Serbia.
Council of Europe fights for your Right to Know, too
Authors: Eugene Matos de Lara and Audrey Beaulieu
“People have the right to know what those in power are doing” -Dunja Mijatovic Council of Europe, Commissioner for Human Rights.
Access to information legislation was first seen in 1766 in Sweden, with parliamentary interest to access information held by the King. Finland in 1951, the United States in 1966, and Norwayin 1970 also adopted similar legislation. Today there are 98 states with access laws; of these, more than 50 incorporated in their constitution. The Inter-American Court of Human Rights 2006 and the European Court of Human Rights 2009 both ruled that access to information is a human right, confirmed in July 2011 by the United Nations Human Rights Committee, a sine qua non of 21st-century democracy.
Global civil society movements have been promoting transparency, with activists and journalists reporting daily on successes in obtaining information and denouncing obstacles and frustrations in the implementation of this right. To this end, the Council of Europe was inspired by pluralistic and democratic ideals for greater European unity, adopted the Council of Europe Convention on Access to Official Documents recognising a general right of access to official documents held by public authorities. It brings a minimum standard for the fair processing of requests for access to official documents with the obligation for member states to secure independent review for restricted documents unless with held if the protection of the documents is considered legitimate.
The right to freedom of information
Access to information is a government scrutiny tool. Without it, human rights violations, corruption cases, and anti-democratic practices would never be uncovered. Besides exposing demerits, the policy is also known to improve the quality of public debates while increasing participation in the decision making process. Indeed, transparency of authorities should be regarded as a fundamental precondition for the enjoyment of fundamental rights, as guaranteed by Article 10 of the European Convention on Human Rights. The policy equips citizens and NGOs with the necessary tool to counter refusal from authorities to provide information. The European Court of Human Rights recognized that withheld documents could be accessed in specific circumstances. In principle, all information should be available, and those upheld can also be accessed, particularly when access to that particular information is crucial for the individual or group to exercise their freedoms unless of course, the information is of national security or of private nature.
Access to information in times of crisis a first line weapon against fake news
The COVID pandemic has enabled us to test access policies and benchmark the effectiveness of the right to know during trivial times, as Dunja Mijatovic mentioned. In fact, having easy access to reliable information protects the population from being misled and misinformed, a first-line weapon dismantling popular fake news and conspiracies. Instead, during COVID, access to information has supported citizens in responding adequately to the crisis. Ultimately, transparency is also a trust-building exercise.
Corruption and environmental issues
Information is a weapon against corruption. The Council of Europe Group of States against Corruption (GRECO) is looking at the specific issue of access to official documents in the context of its Fifth Evaluation Round, which focuses on preventing corruption and promoting integrity in central governments and law enforcement agencies. In about a third of the reports published so far, GRECO has recommended the state to improve access to official documents. In regards to the environment, the United Nations Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, commonly referred to as the Aarhus Convention, expands the right of access to information on environmental matters thus complementing the Tromsø Convention. Declaring these policies as the primary tools that empower citizens and defenders to protect the environment we live in.
Good models exist
Most Council of Europe member states have adequate mechanisms regarding the right to information. For example, in Estonia, “the Public Information Act provides for broad disclosure of public information” states Mijatovic. Moreover, “in Croatia, Serbia, Slovenia and several other countries there is an independent oversight body – such as an Information Commissioner – responsible for monitoring and enforcing the right to information, while some other countries entrust Parliamentary Ombudsmen with supervision of the right of access to information”. Finally, “the constitutions of several European countries do indeed guarantee the fundamental right to information.” Nonetheless, there are still in consistent levels of transparency among state institutions or a failure to meet the requirement for proactive disclosure. The entry into force of the Tromso Convention willbe an opportunity to bring back to the table the importance of the right to information and to read just European States practices regarding the enhancement.
Barriers and Challenges
Digitization is still recent, and authorities are not accustomed to dealing openly. There is a sentiment of reservation and caution. Before the advent of the internet, governments enjoyed a level of political efficiency and practical obscurity. Viewing public records required the time and effort of a visit to the records’ physical location and prevented easy access to details of individual files. Openness has made the policy cycle longer, with a more thorough consultation process and debates. The availability of digital documents has caused an unavoidable conflict.
One of the conflicts is a privacy protection and policy safeguards invoked against freedom of information requests. Requirements to provide transparency of activities must be mitigated with national security, individuals’ safety, corporate interests, and citizens’ right to privacy. Finding the right balance is essential to understand how local governments manage the dichotomy between providing open access to their records by maintaining the public’s privacy rights.
Several governments think twice before pursuing transparency policies. Access to information hasn’t been a priority for some of the European States. Mijatovic reported that “filtering of information and delays in responses to freedom of information requests have been observed in several member states”. Although there is a growth in these laws’ popularity, we are always a step behind meeting the supply and demand of information objectives in an era of digitization.
Tromso Convention has only been ratified by eleven countries, which are mostly located in Scandinavia (Finland, Norway and Sweden) or in Eastern Europe (Bosnia, Estonia, Hungary, Lithuania, Moldavia and Ukraine). Reading this statement, three questions should come to our minds:
1. Why not all European states have ratified Tromso Convention?
2. Why do Scandinavian countries have chosen to ratify the Convention?
3. Why are most of the Member States from Eastern Europe?
Regarding the first question, the answer resides in the fact that the ones who haven’t taken part in the Convention already have strong national laws protecting freedom of information and don’t need to bother with extra protection and external surveillance. For instance, Germany passed a law in 2005, promoting the unconditional right to access information. Many other European states such as Belgium, Croatia, Denmark, France &Poland have similar national law.
Regarding the second question, considering that all Scandinavian countries already have national laws assessing freedom of information, the most likely reason behind their ratification would be symbolic support to the cause or because the Convention’s framework is less restrictive than their national laws.
Finally, concerning the last question, we could suppose that most Eastern countries have an interest in demonstrating themselves as more transparent, more following the rule of law. For example, if we examine Montenegro’s case, we could assume that taking part in the Tromso Convention is a step closer to their accession to the EU in 2025.
As for the reservations that have been made, only Finland, Norway and Sweden have made some noticeable. Regarding Norway, the country declared that “communication with the reigning Family and its Household” will remain private in accordance with Article 3,paragraph 1 of the Convention. This limitation covers something interesting, considering that, as mentioned earlier, access to the data type of legislation was first adopted in order to get access to information held by the King. In parallel, Finland declared that “the provisions of Article 8 of the Convention concerning the review procedure [will] not apply to a decision made by the President of the Republic in response to a request for access to a document. Article 8 provides protection against arbitrary decisions and allows members of the population to assert their right to information. Sweden has made a similarreservation on Article 8 paragraph 1 regarding “decisions taken by the Government, ministers and the Parliamentary Ombudsmen”.
Thoughts towards better implementation
For smoother data access implementation, governments can act on transparency without waiting for legislation through internal bureaucratic policy. These voluntary provisions for openness can be an exercise towards a more organic cultural transformation.
Lengthy debates on open access are entertained by exceptions to access. To be sure, governments have enough legal and political tools to withhold information, regardless of how exemptions have been drafted. Instead, a more productive and efficient process is possible if we concentrate on positive implementation and enforcement, including the procedures for challenges on legal exemptions.
The implementation phase of access laws is challenging due to a lack of leadership motivation, inadequate support for those implementing these requests, especially since they require a long term social and political commitment. To do so, an overall dedication and government bureaucratic cultural shift should take place. Although the implementation of access to information should be included internally in all departments, considering a standardized centralized approach to lead the new regime with authority could send an important message. Record keeping and archiving should be updated to respond to requests with improved information management systems. As such, the goal would be to make a plethora of information immediately and unconditionally available.
France’s Controversial ‘Separatism’ Bill
In his very first days at the Elysee Palace, French President Emmanuel Macron vowed to detail his views on secularism and Islam in a wide-ranging speech. It took more than three years for this to happen, with the much awaited speech actually taking place in October a week after a teacher was violently killed for revealing the caricatures of Prophet Muhammad(PBUH) during a lecture on freedom of expression. Macron said during his speech that “Islam is a religion which is experiencing a crisis today, all over the world”, adding that there was a need to “free Islam in France from foreign influences”. Mr. Macron and his Parliament allies have described the bill as a reaction to the rise of Islamic separatism, which the President defines as a philosophy that seeks to create a parallel state in France where religious laws replace civil law. Referring to the cartoons at a citizenship ceremony earlier and before the latest attacks, Macron defended the “right to blasphemy” as a fundamental freedom, even as he condemned “Islamic separatism.”
“To be French is to defend the right to make people laugh, to criticize, to mock, to caricature,” the president said. The proposed law allows religious associations and mosques to report more than €10,000 ($12,000) in international support and to sign a promise to uphold the French republican ideals in order to obtain state subsidies. The bill will also make it possible for the government to close down mosques, organizations and colleges that have been described as criticizing republican values.The controversial bill is blamed for targeting the Muslim people and enforcing limits on nearly every part of their lives. It allows government to oversee the funds of associations and non-governmental organizations belonging to Muslims. It also limits the schooling options of the Muslim community by prohibiting families from providing home education to children. The law also forbids people from selecting physicians on the grounds of gender for religious or other purposes and mandates a compulsory ‘secularism education’ on all elected officials. Physicians will either be charged or jailed under the law if they conduct a virginity test on girls. Critics argue the so-called “separatism law” is racist and threatens the 5.7 million-strong Muslim population in France, the highest in Europe. Its critics include the 100 imams, 50 teachers of Islamic sciences and 50 members of associations in France who signed an open letter against the “unacceptable” charter on 10 February.
A criminal act for online hate speech will make it easier to easily apprehend a person who shares sensitive information about public sector workers on social media with a view to hurting them and will be disciplined by up to three years in jail and a fine of EUR 45.000. The banning or deleting of pages spreading hate speech would now be made smoother and legal action accelerated. The bill expands what is known in France as the ‘neutrality clause,’ which forbids civil servants from displaying religious symbols such as the Muslim veil and holding political opinions, outside public sector workers to all commercial providers in public utilities, such as those working for transport firms.
French Members of Parliament held two weeks of heated debates in the National Assembly. People of Muslim faith interviewed outside the Paris Mosque and around Paris on the outdoor food market before the vote had hardly heard of the rule. “I don’t believe that the Muslims here in France are troublemakers or revolutionaries against France,” said Bahri Ayari, a taxi driver who spoke to AP after prayers inside Paris’ Grand Mosque. “I don’t understand, when one talks about radicalism, what does that mean — radicalism? It’s these people who go to jail, they find themselves with nothing to do, they discuss amongst themselves and they leave prison even more aggressive and then that gets put on the back of Islam. That’s not what a Muslim is,” he added.
Three bodies of the French Council of Muslim Worship (CFCM) have unilaterally denounced the “charter of principles” of Islam, which reaffirms the continuity of religion with France. The three parties said that the Charter was accepted without the full consensus of the other integral components of the CFCM, including the provincial and departmental councils and the imams concerned. “We believe that certain passages and formulations of the submitted text are likely to weaken the bonds of trust between the Muslims of France and the nation. In addition, certain statements undermine the honor of Muslims, with an accusatory and marginalizing character,” the Milli Görüş Islamic Confederation (CMIG) and the Faith and Practice movement said in a joint statement. The bill is blamed for targeting the Muslim community and enforcing limits on nearly any part of their lives. It allows for interference in mosques and organizations responsible for the operation of mosques, as well as for the oversight of the funds of associations and non-governmental organizations belonging to Muslims.
It is a difficult time for the nation, which has also accused its protection bill of containing the press freedom. The law introduced aims at making it unlawful to post photographs of police officers in which it is identifiable by “malicious intent” However, law enforcement has criticized the government after the declaration by Macron of the development of an online forum to flag police brutality.
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