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The 17+1 Framework between China and Europe

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In March 2019, Chinese Prime Minister Li Keqiang made a long trip to Eastern Europe.

  The reference for that trip, full of bilateral meetings, was the one found in the Joint Declaration of the EU-China Summit of April 9, 2019.

 A document in which, as usual, some key points are stated: firstly, the Comprehensive Strategic Partnership, which reaffirms global strategic multilateralism, as well as “sustainable development” – whatever we may mean with this term – but in which, however, the EU reaffirms its One-China policy.

It also reaffirms support to the EU-China Cyber Task Force; the strengthening of the Addis Ababa Action Force; the funding to the joint migration agency; the will to achieve a global and inclusive economy; support to the Joint WTO Reform Group and further support to the G20; the joint action for the “Global Forum on Excess Steel Excess capacity”, as well as the reform of the international financial system and the review for the new IMF quotas; the “Paris Climate Agreement” and its Montreal Protocol; the Blue Partnership for the Oceans.

With regard to foreign policy – as if everything else were not-  reference is explicitly made to the support of both players, namely EU and China, for the 2015 nuclear JCPOA with Iran. Also the peace process in Afghanistan is mentioned, as well as Venezuela.

In this list of bilateral issues there is also the request for a peaceful and democratic solution for Kabul.

Not to mention – of course – the Law of the Sea and finally the situation in Myanmar.

 An encyclopedia of very important international topics, which are only proclaimed and mentioned as headings. But, as far as I know, not even in confidential talks they have gone beyond the good intentions with which, as we all know, the road to hell is paved.

In that Summit, tension could be easily perceived.

 China wanted to have the EU on its side, at a time of maximum trade tension with the United States, while the EU had increasing doubts about the extension – the so-called 17+1 Framework – of the Belt and Road Initiative to the Balkans and former Yugoslavia.

It should be recalled that Italy, Hungary, Greece and Portugal broke EU unity towards China at that time.

Was it just a signal to the EU? Or a well-considered choice based on the fact that the EU was a technocrat structure operating side by side with Member States – as Germany said – but did not replace them? We do not know yet.

What is certain, however, is that the Chinese seduction towards the Mediterranean and Eastern EU is based on two facts: the U.S. slow disengagement from the NATO EU pillar, regardless of its future president, and China’s awareness that it has to deal with an EU which is now a “paper tiger”.

Nevertheless, China carried out an even more practical operation, at least following the Confucian logic: the support for a Belt and Road network, namely the “16+1 Framework of cooperation with countries in Central and Eastern Europe” -which is celebrating its eight anniversary -to which Greece joined.

 The meeting about which we are talking took place in Dubrovnik in April 2019.

 The logic of the Chinese Framework is to be closely related with the “Three Seas Initiative” of 2016, an EU initiative in which China simply participated.

 As stated above, at the time Greece joined the group.

The Framework, however, had been created in Budapest in 2012 to foster cooperation between the (then) 16 European countries plus China, based on the new Chinese Silk Road and investment in infrastructure, with a view to  creating the China-Europe land and sea express line.

Besides Greece, the European countries participating in the Framework are the Czech Republic, Poland, Hungary, Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Estonia, Lithuania, Romania, Serbia, Macedonia, Montenegro, Slovakia and Slovenia.

Among the current participants, 16 are EU Member States, five are members of the Euro area, four are candidates for participating in the single currency and one is even a potential EU Member State.

 From the geopolitical viewpoint, China has built an ad hoc format basically within the EU, a mechanism that minimizes the risks of crisis in the Eurozone, creates an autonomous area of interest for China and can even create a Chinese mainmise within the EU, which could also undermine its future development – if any.

 The Chinese consortium managing the operation is the China-Road and Bridge Corporation, a subsidiary of the China Communication Construction Company– a company included in the Fortune 500 list.

The Eastern European countries’ underlying idea was to use Chinese support to stimulate their development but, in a document of the Czech government, it is pointed out that the bilateral commitments are now scarcely honoured.

 This is due to the coronavirus and the ongoing financial crisis in European countries, as well as to an often high debt burden on the Chinese side.

The EU, however, has changed its political and economic approach towards China – rather quickly considering its normal standards.

 In January 2019, in fact, a paper was published by the Federation of German Industries (BDI), which defined China as a “systemic investor” and asked the EU to make its rules and regulations stricter in view of competing with China and protect its companies.

This was followed in March 2019 by a document from the European External Action Service, the Brussels-based structure that believes it is a secret service – often with comical results.

 The document told us it was necessary a) to strengthen relations with China, albeit carefully, in view of promoting common interests at global level; b) to control Chinese investment in the EU, on an equal footing (fat chance) and c) to push China towards a “sustainable” economy.

 A psycholinguist should still help us to investigate into the effects of the word “global” in the minds of current political leaders.

 The document also informed us that the EU should seek a more robust and, above all, mutual relationship at economic level.

 Finally, it was maintained- coincidentally – that the countries of the 17+1 Framework should operate in a homogeneous relationship with EU laws. We can rest assured they will do so.

 Then there was the same old story about “human rights” and the obvious “sustainable” development, not to mention climate change, China’s claims on the South China Sea which, we imagined, would be pursued with or without the EU “fine souls”, as well as the request for a connection between China and the EU in Eastern Europe – apart from the 17+1 Framework – which would be anyway pursued until China saw its interest, and finally the substantial repetition of the above stated China-EU agreement of 2019.

Just to avoid remaining in an imaginary world, we should recall here a very useful Machiavellian concept: “There is no avoiding war, it can only be postponed to the advantage of others”.

Not to mention that “States are not ruled and maintained with words”.

What is the solution to the dilemma? In all likelihood, the EU has had a very strong warning from the United States, and is trying to bridle, slow down and restrict its relations with China.

With reference to the 5G, a key issue for the United States, the European Commission has signalled a series of “necessary measures”.

 The EU document tells us that the 5G network is very important – just what we needed – and that the Union also supports competition and the global market. It then lists the European agencies that deal with it.

 Finally, the solution for the EU is to foster cybersecurity “through the diversity of suppliers when building the network”.

It should be recalled that Japan signed an agreement with the EU on the same issues in September 2019.

 Everything will be known, however, once the EU’s foreign investment screening mechanism has provided its results, considering that it was launched on April 10, 2019 and will be implemented by October 11, 2020.

It is connected to the Commission’s Communication “A New Industrial Strategy for Europe” which maintains that “we need a new way of doing business in Europe” and that this must “reflect our values and social market traditions”.

It also states that “our industrial strategy is entrepreneurial in spirit and action” but also that “scalability is fundamental in the digitalised economy” – and this is another key point for us.

 An essential topic, but left on the sidelines.

 Let us leave aside the other banalities and trivialities typical of the 1968 protesters newly converted to the market economy.

 Obviously the new Agency will have the following aims: to create a “cooperation mechanism between the European Commission and the Member States to exchange information” – as if it were not already in place – to enable the Commission to make an evaluation (obviously a non-mandatory one) to stop the operations concerning any foreign investment- albeit is not clear whether for SMEs or otherwise – to be authorized by the Member States to “comment” on foreign investment in the EU; to list a sequence – albeit not exhaustive –  of foreign investment sectors that could trigger an analysis by this very powerful organization: critical infrastructure and technology, critical inputs, access to personal data and finally guarantee of media pluralism – that has little to do with it, but “anything goes” and every little bit helps.

 That is all, so far.

In December 2015, China set up the People’s Liberation Army Strategic Support Force(PLASSF), the structure of the Chinese Armed Forces dealing with cyberwarfare, space warfare and electronic operations. Has the EU something similar?

 Obviously not. Furthermore, NATO has a cyber-defence policy, defined at the Wales Summit of September 2014 and at the Warsaw Summit of 2016. But it has no joint agency for cyber policy, which is not only defence, but also attack.

Advisory Board Co-chair Honoris Causa Professor Giancarlo Elia Valori is an eminent Italian economist and businessman. He holds prestigious academic distinctions and national orders. Mr. Valori has lectured on international affairs and economics at the world’s leading universities such as Peking University, the Hebrew University of Jerusalem and the Yeshiva University in New York. He currently chairs “International World Group”, he is also the honorary president of Huawei Italy, economic adviser to the Chinese giant HNA Group. In 1992 he was appointed Officier de la Légion d’Honneur de la République Francaise, with this motivation: “A man who can see across borders to understand the world” and in 2002 he received the title “Honorable” of the Académie des Sciences de l’Institut de France. “

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Council of Europe fights for your Right to Know, too

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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.

Legal perspectives

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.

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France’s Controversial ‘Separatism’ Bill

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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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Why Is Europe Hostile Towards Russia?

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In his seminal 1871 work Russia and Europe, the famous Russian intellectual and Slavophile Nikolay Danilevsky set forth his theory that “Europe recognizes Russia as something alien to itself, and not only alien, but also hostile,” and that Russia’s fundamental interests should act as a “counterweight to Europe.”

One hundred and fifty years have passed since that work was published. The world has changed. No matter what anti-globalists might say, the rapid development of modern technologies and their use in our everyday lives has forced us to re-evaluate many of our beliefs about relations between states and people. The exchange of information, scientific discoveries and knowledge, and the sharing of our cultural wealth bring countries closer together and open up opportunities for development that did not exist before. Artificial intelligence does not know any boundaries and does not differentiate users by gender or nationality. Along with these new opportunities, the world is also faced with new problems that are increasingly supranational in nature and which require our combined efforts to overcome. The coronavirus pandemic is the latest example of this.

It is against the background of these rapid changes, which for obvious reasons cannot unfold without certain consequences, that we can occasionally hear this very same theory that “Europe is hostile towards Russia.” Although the arguments put forward to support this claim today seem far less nuanced than those of Nikolay Danilevsky.

Even so, ignoring this issue is not an option, as doing so would make it extremely difficult to build a serious long-term foreign policy given the prominent role that Europe plays in global affairs.

Before we dive in, I would like to say a few words about the question at hand. Why should Europe love or loathe Russia? Do we have any reason to believe that Russia has any strong feelings, positive or negative, towards another country? These are the kind of words that are used to describe relations between states in the modern, interdependent world. But they are, for the most part, simply unacceptable. Russia’s foreign policy concepts invariably focus on ensuring the country’s security, sovereignty and territorial integrity and creating favourable external conditions for its progressive development.

Russia and Europe have a long history that dates back centuries. And there have been wars and periods of mutually beneficial cooperation along the way. No matter what anyone says, Russia is an inseparable part of Europe, just as Europe cannot be considered “complete” without Russia.

Thus, it is essential to direct intellectual potential not towards destruction, but rather towards the formation of a new kind of relationship, one that reflects modern realities.

At the dawn of the 21st century, it was clear to everyone that, due to objective reasons, Russia would not be able to become a full-fledged member of the military, political and economic associations that existed in Europe at the time, meaning the European Union and NATO. That is why mechanisms were put in place to help the sides build relations and cooperate in various fields. Bilateral relations developed significantly in just a few years as a result. The European Union became Russia’s main foreign economic partner, and channels for mutually beneficial cooperation in many spheres were built.

However, EU-Russia relations have stalled in recent years. In fact, much of the progress that had been made is now being undone. And positive or negative feelings towards one another have nothing to do with it. This is happening because the parties have lost a strategic vision of the future of bilateral relations in a rapidly changing world.

Speaking at the World Economic Forum in Davos, President of the Russian Federation Vladimir Putin said that Russia is part of Europe, and that, culturally, Russia and Europe are one civilization. This is the basic premise—one that is not based on emotions—that should underlie Russia’s policy in its relations with Europe.

Russia and the European Union disagree on many things, but the only way to overcome misunderstandings and find opportunities to move forward is through dialogue. In this context, the recent visit of the EU High Representative to Moscow was a much-needed step in the right direction, despite the criticism that this move received from the European side. Nobody was expecting any “breakthroughs” from the visit, as the animosities and misunderstandings between the two sides cut too deep. Yet visits and contacts of this kind should become the norm, for without them we will never see any real progress in bilateral relations.

In addition to the issues that currently fill the agendas of the two sides, attention should be focused on developing a strategic vision of what EU-Russia relations should be in the future, as well as on areas of mutual interest. For example, it is high time that Europe and Russia broached the subject of the compatibility of their respective energy strategies, as well as the possible consequences of the introduction of “green energy” in Europe in terms of economic cooperation with Russia. Otherwise, it will be too late, and instead of a new area of mutually beneficial cooperation, we will have yet another irresolvable problem.

In his work Russia and Europe, Nikolay Danilevsky, while recognizing the good that Peter the Great had done for his country, reproached him for “wanting to make Russia Europe at all costs.” No one would make such accusations today. Russia is, was and always will be an independent actor on the international stage, with its own national interests and priorities. But the only way they can only be realized in full is if the country pursues an active foreign policy. And one of the priorities of that policy is relations with Europe.

From our partner RIAC

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