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How Pashinyan failed in the peacekeeping mission and complying with international law

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Nagorno-Karabakh is a landlocked region which is internationally recognized as part of Azerbaijan Republic. The major disagreements and clashes started at the end of the 1980s when Armenian SSR declared to annex the Nagorno Karabakh region into its territory. February 20, 1988, at the session of the NKAO (Nagorno-Karabakh Autonomous Oblast) Soviet of People’s Deputies, members of the region’s Armenian community adopted a scandal resolution to appeal to the Supreme Soviets of Azerbaijan SSR and Armenian SSR to annex NKAO to Armenian SSR. At that time, it was against the Constitution of the USSR, therefore in 1990 the USSR government rejected this resolution as an illegal act and gave back its autonomous status within Azerbaijan SSR.

Following the collapse of the USSR, August 30, 1991, the Supreme Soviet of Azerbaijan declared the restoration of state independence and adopted a Law “On the abolition of the Nagorno-Karabakh Autonomous Oblast of the Republic of Azerbaijan.”

Starting from 1992, Armenians began military activities against Azerbaijanis, especially in Nagorno-Karabakh region and surrounding seven districts. The collapse of the Soviet Union and political instability in Azerbaijan in early 90s caused by the internal standoff; as a result, Armenia began military operations in Nagorno-Karabakh with external military support. During 1992-1994, the active war continued in the region and Armenia occupied the whole Nagorno-Karabakh region and its surrounding territories. In 1994, the ceasefire was announced, and OSCE Minsk Group invited parties to the negotiations table.

Negotiations on the Nagorno-Karabakh conflict have not yielded any results for 25 years. The Minsk Group initially proposed three packages to resolve the conflict. However, these proposals were not accepted by the parties in terms of securing their interests. Finally, the Madrid Principles on the Nagorno-Karabakh conflict were adopted, and this document is the latest set of proposals on the current conflict.

In 2018, Nikol Pashinyan was elected as Prime Minister of Armenia by defeating Serzh Sargsyan in the elections. Pashinyan was active during his campaigns by proposing optimistic promises to both his country and region. His promises have seemed the sign of new formation of the political system in Armenia. Pashinyan also was accepted by official Baku with a mixture of optimism and skepticism due to flattering speeches towards the current issues. During Pashinyan’s campaigns, one of the promises towards region was to solve Nagorno-Karabakh conflict only peacefully and accelerate the process of peace talks with Azerbaijani government in frame of international laws in order to achieve significant steps in terms of regional integrity.

In his initial period, he showed great intention to change everything from zero. However, Pashinyan could not maintain the absolute power in his hands; he literally failed to democratize Armenia. Defeated by his rivals in internal strife, Pashinyan could not withstand the pressure and made a U-turn in his promises on Nagorno-Karabakh conflict. He started to provoke both sides and raise tension first by making a speech during his visit to Iran, stating “Karabakh is Armenia and that is it.”Right after this speech, he visited Shusha city to participate in the events in occupied territories; laterhe sent his son to the military service, who served in the occupied territories.

Pashinyan’s another failure in this conflict was the desire to change the format of the negotiation process. Starting from 2018, Pashinyan demanded to bring the separatist regime of Nagorno-Karabakh to the negotiations process. First, this issue contradicted the principles of the Minsk Group after the ceasefire signed in 1994, the format of negotiations and the peaceful settlement of the conflict. Secondly, since the Minsk Group last put forward the Madrid Principles for resolving the conflict, the negotiations continued around these principles. The Madrid Principles, last updated in 2009, are proposed peace settlements of the Nagorno-Karabakh conflict. As of 2020 OSCE Minsk Groupis the only internationally agreed body to mediate the negotiations for the peaceful resolution of the conflict. Senior Armenian and Azerbaijani officials have agreed on some of the proposed principles. However, they have made little or no progress towards the withdrawal of Armenian forces from occupied territories or towards the modalities of the decision on the future Nagorno-Karabakh status. Third, pressure on Pashinyan and his failed foreign policy attempts further heightened tensions in the aftermath, leading to serious clashes in Nagorno-Karabakh.

As a result, the attack of the Armenian army with heavy weapons on the Tovuz Rayon of Azerbaijan changed the stability in the region and caused the regional war scenarios to be brought to the agenda once again. During the clashes in July, both sides suffered serious losses, especially in the mutual attacks that resulted in casualties between 12 and 15 July. For the first time in the conflict history, Azerbaijan lost a general in the hot conflict. The outposts belonging to Armenia, where attacks were carried out on the Azerbaijani side, were destroyed by the counter-fire of Azerbaijan. Tovuz was far from the centre of the conflict and Pashinyan’s foreign policy strategy again contradicted with what he delivered to the world community in 56th annual Munich Security Conference. Because during the debate with Ilham Aliyev, the President of Azerbaijan, he noted: “I am first Armenian leader to say that any solution should be acceptable to Azerbaijani people as well.”For his part, Pashinyan also said that there cannot be a military solution to the conflict in the region. Indeed, he was right; he was the only Armenian leader that supported peace talks and peaceful settlement of the conflict in recent years. However, the attack on Tovuz Rayon of Azerbaijan from Armenian territories showed that Armenian government does not have any intention to solve conflict according to the international law norms and proposals by the OSCE Minsk Group.

The clashes since September 27, 2020 in the Nagorno-Karabakh region have resulted in the largest number of reported casualties between Azerbaijan and Armenia in the last four years. According to media reports, the death toll is already well into the hundreds, with relations between Armenia and Azerbaijan now in freefall. Despite the agreed humanitarian ceasefire, the Armenian army shelled Ganja, the second-largest city in Azerbaijan, three times and Mingachevir twice. Even Armenian army continued violate second agreed ceasefire by launching missile attacks to Barda, Terter, Aghjabadi, Ganja, Khizi, Mingachevir region and Absheron peninsula, which are far away from frontline. A new nightly SCUD ballistic missile attack by Armenian forces on residential area of Ganja, destroyed more than 20 houses, left more than 10 civilians killed and 40 wounded including children. This step by the Armenian leadership is aimed at expanding the geography of the war and the entry of third parties into the region. However, despite being a close ally, Russia also has called for an immediate ceasefire. Turkey, a long-standing ally of Azerbaijan, has demanded the withdrawal of Armenian forces from the line of contact, with President Erdogan underlining Turkey’s total solidarity with Azerbaijan, urging Armenia to end its occupation of Nagorno-Karabakh. Therefore, Armenia shifted the context of the conflict and accused Turkey of arming Azerbaijan. The Pashinyan government then sought to attract the attention and support of the West by turning the conflict into a religious context. Nevertheless, neither international organizations nor states responded to the issue that Armenia wanted to deliver.

Pashinyan also failed to understand and comply with the legal aspects of the Nagorno-Karabakh conflict. As it is stated above, he wanted to bring the separatist regime of so-called “Nagorno-Karabakh Republic” to the negotiations process. However, no member state of the United Nations, including even Armenia, recognizes the “NKR” as an independent entity. “NKR” also does not meet any of the four principles for the formation of an independent state enshrined in the 1933 Montevideo Convention. The recent rejection of the NKR’s appeal to the European Court of Human Rights is proof that the so-called body is illegitimate. Also, Armenia did not comply with four resolutions adopted on “Nagorno-Karabakh conflict” by UNSC, which recognize occupied territories as an integral part of Azerbaijan and emphasize the continuation of peace talks in this context. Commenting on the resolutions, Nikol Pashinyan tries to draw attention to the fact that the conflict is between local Armenians and Azerbaijan; however, all four resolutions start with the deterioration of relations between Armenia and Azerbaijan, and then the escalation of armed conflict. Besides, the Security Council provides a good understanding of who is involved in the conflict by stressing the sovereignty, territorial integrity and inviolability of international borders of all states in the region. Four resolutions passed by the UN Security Council (No. 822 – April 30, 1993; No. 853 – July 23, 1993; No. 874 – October 14, 1993; No. 884 – November 12, 1993) demand the immediate withdrawal of Armenian forces from therein.

It can be questioned why the UN Security Council did not mention that the conflict happened between Armenia and Azerbaijan? What is the reason for not calling Armenia as an occupier? If Armenia would have been recognized as an occupier, then new obligations would arise for the UNSC. In the meantime, Armenia had to be called as an aggressor and the resolutions adopted should have been demanded unconditionally. Due to several reasons, the UNSC did not do this but instead stressed who is responsible in this conflict. However, in a speech to the Armenian Parliament May 18, 2001, the then-Minister of Defence, former President Serzh Sargsyan, confessed: “There are lands we occupied. There is nothing to be ashamed of. We occupied those lands to ensure our security. We were saying this before 1992, and we are saying it again. My style might not be diplomatic, but that’s the reality”.

Despite all the accepted and approved international documents, the Armenian leadership wants Nagorno-Karabakh to be recognized as an independent entity because, in this way, it will be easier to control the territory in favour of Armenia. Moreover, the self-determination subject was often raised at the meetings of the OSCE Minsk Group. The deportation of Azerbaijanis living in Nagorno-Karabakh during the Soviet era had a serious impact on the ethnic composition of the population. Today, the Armenian diplomatic corps demands the status quo, taking into account only the ratio of 1988.However, this issue contradicts both international law and the Constitution of the Republic of Azerbaijan. Therefore, the right to self-determination cannot be extended to the Nagorno-Karabakh region. According to the principle of “Utipossidetis Juris” (the principle of respect for the existing borders of the state at the time of independence) even if the status of the state changes, the existing borders are preserved. Therefore, UNSC Resolutions 853 and 884 explicitly state Nagorno-Karabakh as the territory of Azerbaijan, which shows that Armenia has grossly violated and continues to violate “jus cogens” norm by demanding recognition of NKR as an independent entity. On the other hand, in 1991, Azerbaijan declared itself as a legal successor of the Azerbaijan Democratic Republic and kept the Constitution of 1978 and Soviet laws till 1995 in the post-independence period. Therefore, the restoration of independence did not contradict the sovereignty and territorial integrity of Azerbaijan and not aimed at changing national borders and state structure. 

The occupation and use of military force by the Armenians in the Nagorno-Karabakh conflict significantly weakens the arguments of Pashinyan about “self-determination.” Statuses acquired by a violation of the rules of “Jus ad Bellum” are not unequivocally accepted in the international arena in modern times. When evaluating the Nagorno-Karabakh issue, one shall regard principles due to their importance in that sequence: 1) “Utipossidetis Juris”; 2) territorial integrity; 3) the self-determination of peoples. Under customary international law, the self-determination right cannot be invoked if the territorial integrity and “Utipossidetis Juris” principles are breached. Thus, the two aspects of “self-determination” clearly examines the rights which nations and states can apply; internal self-determination – is the right of the people of a state to govern themselves without outside interference; external self-determination – is the right of peoples to determine their own political status and to be free of alien domination, including the formation of their own independent state. In international law, the right of self-determination that became recognized in the 1960s was interpreted as the right of all colonial territories to become independent or to adopt any other status they freely chose. Ethnic or other distinct groups within colonies did not have a right to separate themselves from the “people” of the territory as a whole. Armenian people have already exercised the self-determination right and established their state. Therefore, Armenians living in the territories of different countries, do not have a reason or right to create another Armenian state.

To put briefly, Armenians authorities’ non-compliance with international law also creates conditions for the proliferation of terrorist groups in the region. The settlement of the Nagorno-Karabakh conflict under international law will ensure the security of the region and the effectiveness of economic and humanitarian assistance. Considering the slowdown in peace talks in Nagorno-Karabakh conflict, the failure of the OSCE Minsk Group, the unfair treatment of the Western media on Nagorno-Karabakh conflict, repeatedly nurturing Azerbaijan’s territorial integrity with an unreasonable attitude by Armenia, makes the region more unstable and increases border clashes. As in the past, the region will not lead to multi-directional change.

Mr. Aliyar Azimov is Senior Specialist in the Institute of Caucasus Studies at Azerbaijan National Academy of Sciences. He is an honored graduate student of Pécs University. He got his Bachelor degree at Baku State University from International Relations and Economics programme. His main research fields concern on energy politics and security, international security and foreign policy issues, peace and conflictology, political economy, and internal/external affairs of South Caucasus. He is successful participator of Essay Contest, titled Russia’s actions against the Southern Gas Corridor and potential impacts in this direction, held by UNEC Research Foundation. He was honored as the best student of year in 2013 at Baku State University. Mr. Aliyar worked as a program manager at Hungarian NGO – Subjective Values Foundation. Currently, he is also External Relations Manager at Technote, which is the biggest tech media company in Azerbaijan.

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Eastern Europe

Demystifying the Myth of War Crimes in Ukraine

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image source: war.ukraine.ua photo: Vadim Ghirda

Hypocrisy – a prevalent trait of the western powers. West’s policies on human rights are deluged with double standards. What is going around the world is a secondary, to them safeguarding their interest is prime. What Indian barbaric regime is doing in India with the minorities and in Indian occupied Kashmir, Israelis in Palestine, is not enough to catch an eye, because Muslims are dying, its none of their business. Let’s recap what USA did in Afghanistan and Iraq. How war crimes done by the west in these countries can be ignored. Humanity suffered at the hands of these western states. Innocent people got killed in the drone strikes and the West called it ‘Collateral Damage’. Innocent civilians suffered pain, hunger, and anguish, but West was mute. Human rights are for all without any discrimination based on religion, origin, race and colour. Unfortunately, the hypocrite USA only consider Human Rights for its allies and the holy land of USA. Clear violations of international humanitarian law are done by USA and its western allies in Afghanistan and other states. Moreover, the crime partner of USA, India is doing ferocious acts in India Occupied Kashmir, but all of them are silent.

As per the standards set by USA, kill innocent people and then an apology by Central Command is enough to justify an unjust loss of human life. Yes, the world should follow this too. Why only Americans have the right to make unjust just. Who will set an example of justice, war mongers, liars and killer USA? Oh yes, wonderful, now make big news out of nothing or yes something on Ukraine. Ukrainians are the only human left on the face of earth to get the western sympathizes. But it’s important for the Ukrainian decision makers to not to be fooled by the USA. Demystifying the war crimes by Russia in Ukraine is not to support Ukraine but yes to counter Russia. The very reason why this conflict started is West itself. And then, yes USA is excellent at imposing sanctions and it did the same with Russians as well. But, literally speaking who is going to listen to USA, not even India, one of the USA’s defense partners.

International Criminal Court – ICC should know its responsibility and first of all held USA accountable for the war crimes in Afghanistan and Iraq. Fake news, misinformation, mal-information, and disinformation is playing big role in manipulating the contemporary international politics. States are using this to hijack the actual information and create an environment of mistrust. Access to actual information in such circumstances in becoming difficult.  Why Russian news channels are blacklisted, why only Ukrainian and other foreign media outlets are into play. USA is busy in narrative building based on fake information.  USA is actually selling the despairs of Ukrainian people.  Therefore, huge responsibility also lies on journalists as well. Are we living in the stone age or in 21st century? Where is responsible journalism? The journalist and civil societies should work as pressure groups and push ICC to open investigations on unlawful killings by USA and its allies in Afghanistan. ICC also open inquires on the atrocities done by Israelis in Palestine, and Indian barbarism in Indian Occupied Kashmir. A detailed systematic investigation is need of hour.

This will reveal the horrible face of these elites of international arena. The USA forces in Afghanistan have “committed acts of torture, killings, cruel treatment, outrages upon personal dignity, rape and sexual violence”.  Did Russian forces have created a ‘secret kill team’ to allegedly kill innocent Ukrainian Civilians?  The answer is NO.  Let’s also consider ‘Collateral Damage’ in the case of Russia – Ukraine War. Instead of making world fool again on Ukraine, USA should remorse over its war crimes. A shameless country with no ethos is going to advocate Human Rights when its own citizens are not safe from the hate-fire it started. Humanity – a word, not known to USA. All it knows is to control other states’ resources, sovereignty, and independence. Subtle interference in the other countries’ internal matters, and creating fault-lines to manipulate the policy making. I doubt USA as an example of human rights and democracy. Disinformation is the new normal for USA.

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Eastern Europe

The Illusion of Constraint: Russia Advances in Eastern Ukraine Despite Harsh Sanctions

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The war of attrition is gradually becoming a reality as Russia continues to make gains in the east. According to Ukrainian officials, Russian forces now control about 80% of the eastern Ukrainian city of Severodonetsk. Despite new aid packages by the US and European Union (EU), Ukrainian armed forces are struggling in Donbas as a brutal Russian offensive is underway – forces now controlling over 20% of Ukrainian territory, according to president Zelensky. Analytical estimates reveal that Russia (alongside pro-Russian rebels) has already seized almost 90% of eastern Donbas; en route to upend the city of Severodonetsk and Lysychansk in the province of Luhansk. And geopolitical experts believe a similar showdown in the neighboring Donetsk province would ease Russian domination over the entire Donbas region.

The Ukrainian dignitaries have consistently insisted on long-range artillery support to counter Russia’s onslaught. However, a single contention prevails in the Western cohort: supplying long-range weaponry could enable Ukrainian attacks beyond Russian borders, perhaps invoking a direct conflict with a belligerent Russia. Thus, the Western support remains mostly limited to conservative alternatives as Russia defies earlier odds to gain an upper-hand. The core western defense has been the barrage of sanctions imposed on Russia and the damage to the Russian economy. The West believes it could avoid militarily provoking Russia and still economically debilitate the country to the point of desperate negotiation. However, the truth is far divergent from this popular belief.

Even after three and a half months, the torrent of sanctions has failed to decimate the Russian economy as initially envisioned by the West. Putin has spent the last two decades fortifying the Russian economy via integration into the global financial apparatus. Sure, the invasion in late February spurred financial restrictions and constraints on trade. But the initial panic has since receded as relative stability is taking on the reins. The Central Bank of Russia has played a pivotal role in preventing a financial collapse. As sanctions threatened to spur a crisis, the Bank of Russia hiked the policy rate to 20% – encouraging savings; preventing the egress of investments. The Kremlin mandated the state-owned enterprises to hold export receipts in Roubles. And salaries and pensions were generously increased to compensate for the inflationary effects of the invasion. Three months forward, the interest rates are back to the pre-invasion level of 9.5%. The Rouble – crashing to a record low in days following the invasion – is trading near four-year highs. And inflation, though still a vice, has cooled off to 17% year-on-year from a two-decade peak in April. While fiscal and monetary policies have considerably stabilized the economy, another underlying factor has unsurprisingly buttressed the rebound: the Russian energy sector.

Foreign companies are pulling out, investments are downgrading, and currency reserves are locked up around the globe. Then how exactly is Russia financing the war in Ukraine? Sure the stocks of imports are running low, and people are spending less. Yet how is the Russian war machine still operational when the world is closing up for Russia? Ironically, the world is indirectly financing the Russian agenda in Ukraine. Fossil fuel exports have always been monumental for the Russian economy. Receipts from oil and gas exports made up roughly 45% of Russia’s federal budget in 2021. According to a market report of the International Energy Agency (IEA), Russia’s oil revenue alone is up by 50% this year – despite the toughest raft of sanctions ever meted out by the West. The US has utterly banned Russian energy imports while the EU has managed to reduce its reliance on Russian energy supplies. According to the data from the Center for Research on Energy and Clean Air (CREA) – a Finnish nonprofit think tank – the EU lowered natural gas imports from Russia by 23% in the first 100 days of the invasion (February 24 to June 3) compared to the same period last year. The data further reveals that the EU reduced its oil imports from Russia by 18% in May. Still, Russia earned a record $97 billion in revenue from exports of fossil fuels despite a modest fall of 15% in export volumes. How is that possible?

Despite trading at roughly 30% discount from international prices, Russian crude is sailing as surging global oil prices are still fetching receipts over 60% higher compared to last year. The volumes have certainly lowered as many countries have refused to trade with Russia to avoid American fury. Yet some countries have contended for cheap Russian energy supplies to guard domestic economic interests. India has been surprisingly vocal and determined about its choices of self-interest despite Western pressure. Since the invasion, India has procured 27% of its crude needs from Russia – up from less than 5% in April. According to research, India has cumulatively imported roughly 18% of Russia’s total oil exports since the invasion – increasing from roughly 1% pre-war quota. China has been another noteworthy importer of Russian oil, building its strategic reserves amid high global oil prices. Despite agreeing on a partial embargo banning roughly three-quarters of Russian oil imports to the region, Europe would not cast a substantial blow to Russia until 2023. While criticizing India and China for purchasing Russian oil, the EU has perhaps neglected its own energy imports from Russia, approximating €57 billion in the first 100 days of the invasion. And in spite of lofty promises to wean off Russian energy, European countries like Hungary and Slovakia would continue to rely on Russian oil via pipeline till at least 2024. Hence, while the West convenes to topple Russian dominance in Ukraine, the efforts are unfortunately not enough to fluster Putin – at least in the short run.

Nonetheless, the sanctions would hurt Russia somewhere down the line. Elvira Nabiullina – Governor of the Bank of Russia – recently admitted: “The effect of sanctions has not been acute as we feared at the beginning. [However] it would be premature to say that the full effect of sanctions has manifested itself.” The windfall energy export receipts may continue, but the import shortfall could damage the productivity of other sectors of the Russian economy. However, we need to understand that this is a war of attrition. And (despite a budget deficit) Russia has enough fiscal room to finance its domestic and military needs shortly. Mr.Richard Connolly – Director of the Eastern Advisory Group – sums up the reality perfectly: “For as long as the political will is there in the Kremlin and for as long as export prices remain high, I don’t see any immediate financial constraints confronting the Kremlin.” Hence, as sanctions fall short and Ukrainian defense fissures, the outlook is bleak – especially when Kyiv is resistant to negotiate territorial gains to fend off a humanitarian catastrophe.

Ultimately, the West needs to acknowledge its failure and decide: Is the sluggish war in favor of Ukraine or Russia? And what would be the primary goal of negotiations if Russia gains enough territory to dictate the terms? Given how the West has already exhausted almost all of its economic options and military options are off the table, I wonder how even the negotiations could do any good to Ukraine!

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Eastern Europe

Lithuania to lose confidence for German troops in near future

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Nine NATO member states held talks in Romania on Friday ahead of a key NATO summit later this month.

The nine, including Romania, Poland, Hungary, Bulgaria, the Czech Republic, Slovakia, Estonia, Latvia and Lithuania urged NATO to increase their protection.

It should be noted that some of these countries use every political event to call NATO for additional troops on their territories. Thus, the Baltic States are the leaders among applicants.

Germany in its turn agreed last week to increase its contribution to NATO’s Enhanced Forward Presence (eFP) battalion in Lithuania. German Chancellor Olaf Scholz announced such plans after passing legislation to increase defense spending during a visit to Vilnius on Tuesday.Germany leads the 1,200-strong eFP battlegroup in Lithuania and currently has around 500 soldiers stationed there.

“We are going to increase our contribution by strengthening the Eastern flank of NATO. We are going to create a strong brigade and we have discussed that together in our meetings and we are going to have to work towards this direction,” Scholz said at a press conference with Baltic and German leaders.A brigade usually consists of between 3,000-5,000 troops. So, Berlin intends to increase its troops by 10 times.

The Baltic States welcomed Germany’s “historic decision” without suspecting what it could lead to.

It is no secret that German military contingent has very dubious reputation. In 2021 Germany had to recall a platoon from a NATO mission in Lithuania after reports emerged of troops engaging in racist and anti-Semitic behaviour, as well as sexual assault.According to Der Spiegel, the allegations relate to a party held at a hotel in Lithuania at the end of April, 2021.Some 30 German soldiers headed home from Lithuania.

The misconduct of foreign soldiers in Lithuania was a slap in the face of Lithuanian population who believed troops are here to defend.

A number of troops were also suspected of bullying, threatening violence and filming an incident of sexual assault.

Such behaviour is not only inexcusable but brings shame on Germany as NATO’s security guarantor.

Meanwhile, according to the FT latest publication, the proposal from Berlin is that a 3,500-strong brigade would only have a permanent headquarters in Lithuania, staffed by 50 to 60 personnel, but be based in Germany.

And probably, this Germany’s back step will secure Lithuanian population.

The Berlin’s decision to increase its military presence in Lithuania by 10 times could cause potential threat of increasing the number of incidents with inappropriate behavior of German military personnel by 10 times. It is logical that the number of crimes will rise and the residents’ trust in NATO ally will drop significantly. Is Lithuania ready to tolerate aggressive foreign soldiers in the streets of its cities? Can Lithuanians be calm for their children? Does Lithuania really need such foreign troops increasing? There are too many questions to answer before making the final decision.

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