On the historic date of March 08th – International Women’s Day, a large number of international affairs specialists gathered for the second consecutive summit in Vienna, Austria.Along with the two acting State Presidents, the event was endorsed by the keynote of the EU Commissioner for European Neighbourhood and Enlargement, Excellency Olivér Várhelyi.
Some of the most anticipated talks were grouped around Panel II:Rule of Law, Health to Education, Social compact, Cross-generational and Economic greening, etc.
A long-time insider, Spanish Public Prosecutor, Carlos López-Veraza Perez, addressed the audience on this topic with the following:
The Panellist Carlos López-Veraza made a general analysis of the impact of Covid (C-19) on both the rule of law and fundamental rights in Europe. In the last year, he has worked until September as a prosecutor in Spain and then at the European Court of Human Rights, which gives him a global vision of the challenge in question. And although he does not say anything controversial, he made it clear that everything he says is his personal opinion, and in no way binds either the Spanish Prosecutor’s Office or the Council of Europe.
The speaker gave a generic analysis of the rule of law situation in Europe due to the pandemic. During crises, the state’s powers do not usually decrease, but on the contrary, increase what has sometimes been called the ratchet effect. And it is at this point that the counterweight of states must be the rule of law and human rights. The relationship between the rule of law and human rights is increasingly recognised at the international level, not only at the European level but also by the United Nations itself. For this reason, the author considers it essential to explain the rule of law in terms of its relationship with human rights.
He has analysed the topic in the light of the answers given by the European Union, the Council of Europe, but also from the point of view of a Spanish public prosecutor.
In Spain, public prosecutors have, in addition to their criminal functions, the legal mission of safeguarding legality and the fundamental rights of citizens. In this context, he notes that from his point of view as Prosecutor, he has observed from the beginning of the pandemic challenges to fundamental rights that are sometimes not so obvious. We are all aware of the consequences of the drastic impact on fundamental rights that C-19 has had on rights such as the right to demonstrate, the right of assembly, and the right to mobility, among others. But this cannot make us overlook other challenges such as guaranteeing the health of people in prisons and of any person deprived of liberty for any reason, rights of migrants, rights of persons with disabilities, as well as the need to guarantee procedural rights during trials. But there is also another fundamental challenge that arises mainly from confinement regarding the victims of crimes. In this context, and bearing in mind that it is women’s day, he highlights the situation of women victims of gender violence who have been forced to live 24 hours a day with their aggressors. But also, victims of trafficking in human beings, who are increasingly difficult to detect due to lockdowns adopted by states as a way of combating the pandemic. The confinement makes it difficult for victims to ask for help or to be detected by the police or social agents, which is a serious challenge. And he recalls that Article 4 of the European Convention on Human Rights prohibits slavery and that countries are obliged to take effective measures to prevent and eradicate slavery, as the European Court of Human Rights ruled in, among others, Siliadin v. France.
In the second part of the presentation, he has given a brief overview of the measures taken by European states. According to a report of the Venice Commission of the Council of Europe, most EU Member States have resorted to states of emergency to limit rights. The main control measures have been parliamentary controls and the fact that the related measures are temporary in duration and often have a sunset clause. Only 14 states of the EU have not declared a state of emergency.
The author highlights that during states of emergency, there is a shift in the distribution of powers at both a horizontal and vertical level. The powers of the executive tend to be temporarily strengthened vertically and horizontally. Therefore, it is so important the scrutiny and oversight of emergency measures and, in any case, respect for fundamental rights.
At this point, even if it is an ex-post control, the European Court of Human Rights will have to rule on the measures agreed by states if citizens come before the court in opposition to the actions taken to combat C-19, especially those that may have affected human rights.
That is why the author reports that the Secretary-General of the Council of Europe, Ms. Marija Pejčinović Burić, issued on April 2020 a toolkit for governments across Europe on respecting human rights, democracy, and the rule of law during the C-19 crisis and recalling first of all the possibility of invoking Article 15 of the European Convention if the States deem it appropriate.
According to Article 15 of the Convention of Human Rights, in time of war or other public emergency threatening the life of the nation, any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
However, only a few states have made use of it. It remains to be seen whether this will have consequences for citizens’ applications to the European Court of Human Rights about measures agreed by states to combat the pandemic.
There are some restrictive measures adopted by member states that may be justified on the ground of the usual provisions of the European Convention on Human Rights (Convention) relating to the protection of health (see Article 5 paragraph 1e, paragraph 2 of Articles 8 to 11 of the Convention and Article 2 paragraph 3 of Protocol No 4 to the Convention), measures of exceptional nature may require derogations from the states’ obligations under the Convention. It is for each state to assess whether the measures it adopts warrant such a derogation; any derogation will be assessed by the European Court of Human Rights (Court) in cases that will be brought before it.
However, certain Convention rights do not allow for any derogation: the right to life, except in the context of lawful acts of war (Article 2), the prohibition of torture and inhuman or degrading treatment or punishment (Article 3), the prohibition of slavery and servitude (Article 4§1) and the rule of “no punishment without law” (Article 7). There can be no derogation from the abolishment of the death penalty or the right not to be tried or punished twice (Protocols Nos 6 and 13 as well as Article 4 of Protocol No 7).
Additionally, the Council of Europe has given in the mentioned toolkit some guidelines to ensure the rule of law and the fundamental rights during the pandemic, such as:
– Ensuring the principle of legality;
-The establishment of a limited duration of the regime of the state of emergency and the emergency measures.
-Limited scope of the emergency legislation.
-The principle of necessity
-Distribution of powers and checks on the executive action during the state of emergency regime
In conclusion, the speaker highlights that C-19 and the rule of law is a tricky balancing act. Laws must make the appropriate balancing of the interests at stake concerning human rights. A fair balance between compulsion and prevention is the most appropriate way to comply with the Convention. And as the panellist said – and the Final Document of the Vienna Process endorsed, too, even in an emergency, the rule of law must always prevail.
This leg of the Vienna Process titled: “Europe – Future – Neighborhood at 75: Disruptions Recalibration Continuity”. The conference, jointly organized by the Modern Diplomacy, IFIMES and their partners, with the support of the Diplomatic Academy of Vienna, was aimed at discussing the future of Europe and its neighbourhood in the wake of its old and new challenges. This highly anticipated conference gathered over twenty high ranking speakers from three continents, and the viewers from Australia to Canada and from Chile to Far East. The day was filled by three panels focusing on the rethinking and revisiting Europe and its three equally important neighbourhoods: Euro-Med, Eastern and trans-Atlantic (or as the Romano Prodi’s EU Commission coined it back in 2000s – “from Morocco to Russia – everything but the institutions”); the socio-political and economic greening; as well as the legacy of WWII, Nuremberg Trials and Code, the European Human Rights Charter and their relevance in the 21st century.
Exporting Religious Hatred to England
Not a place hitting the main news channels often, Leicester is a small town of 250,000 inhabitants about a hundred miles north of London and 40 miles east of Birmingham the UK’s second largest city.
But an imported ideology is now the cause of religious violence that has profoundly affected Leicester’s ethnic community of South Asians. This Hindutva ideology represents a belief in the transcendence of Hinduism and its culture.
Leicester prides itself as a city of tolerance and diversity where different religions and races all live together in relative harmony — a sort of ‘live and let live and mind your own business’ philosophy that had worked until recently. But under the surface simmering tensions burst forth recently. The trigger was a South Asia Cup cricket match between Indian and Pakistan held in Dubai and won by India.
Couple Hindutva with India’s win and groups of Hindu young men were keen to demonstrate their might, and did so on isolated young Muslims. The latter then formed their own groups ready for revenge.
Where were the police one might ask. Well, a couple of beaten up Asian teenagers did not register as exhibiting anything more than random teenage violence. They were slow to react and did not discuss the ominous truth of religion as the prime mover behind the violence.
Civic leaders on both sides are now trying to quell the attacks. But the damage has been done and the seeds of ill-feeling have been sown within the community meaning Hindus vis-a-vis Muslims and vice versa.
India’s per capita GDP is higher than for Pakistan or Bangladesh, the two countries bordering it, which together constitute the subcontinent. Thus the three countries are similar culturally. The next question to ask is why then is India hugging the bottom on the 2020 World Happiness Report, next to ill-fated war-torn places like Yemen. India is ranked 144 while its rival and neighbor Pakistan, although lower in per capita GDP, ranks a shocking (for India) 66. Bangladesh also ranks much higher than India at 107, despite its devastating floods and typhoons.
Perhaps the answer lies in the pervasive hate that is the currency of the ruling BJP (Bharatia Janata Party), a currency spent liberally during general elections to the detriment of the Congress Party, which has stood for a secular India since independence.
But hate yields more votes as BJP leaders Norendra Modi and Amit Shah know well. After all, they came to power via the destruction of the historic nearly five century old Babri Mosque, built on a Hindu holy site in an effort to ally Hindus by an astute Babur, the Mughal whose hold on India, just wrested from the Muslim Pathan kings, was still weak. It worked for Babur then; its destruction worked for the BJP in the 21st century
Has India become more civilized since?
Giorgia Meloni: a return to Mussolini’s Italy?
In recent years there has been a dramatic increase in the number of far-right political parties across Europe. They have managed to use the widespread discontent from society with the values and functioning of democracy to establish strong footholds in many countries, including those that were thought to be immune to such radicalisation. The reach of the far right does not recognise boundaries, and it is not a new phenomenon either. It has had a considerable historical role in Latin America, in Indonesia, Japan, Australia, Myanmar, India, South Africa, Germany, Italy, the United States, and more recently in Turkey, Brazil and Hungary which have suffered serious damage to their democratic rules and institutions. It is in this context that the election of Giorgia Meloni in Italy as the possible next Prime Minister.
Italy has a long history with fascism and far-right extremism that has forever characterised Italian politics. Italy’s history after the WWII can largely be blamed for this slow but steady radicalisation of its political landscape. Unlike Germany that went through a serious process of denazification after allied victory, Italy was not cleared of vestiges of fascism. After 1945, and with the emergence of the USSR as a rival power, the allies focused their attention and efforts on fighting Communist USSR. Italy, surprisingly, had a considerable number of communist supporters, therefore fascism was seen as something positive in the fight of USSR ideology expansionism. Fascism was good to fight communism, and allies turned a blind eye to it, and the creation of the Italian Social Movement (MSI) in 1946 did not raise any red flags. The party managed to become the fourth largest in Italy in 20 years.
The woman who will become Italy’s next Prime Minister leads a conservative party that can be traced back to the MSI: The Brothers of Italy, whose logo revives the MSI emblem. Meloni´s victory should be read against the backdrop of recent triumphs for the far right elsewhere in Europe. In France, despite the loss of Le Pen in the presidential election, the share of popular vote shifted the French political centre to the right; in Sweden the Sweden Democrats are expected to play a major role in defining Swedish politics after having won the second largest share of seats at the general election earlier in September; the same in happening in Hungary and Poland.
This revival of far-right extremism is not new. The collapse of the USSR allowed formerly dormant far right movements to flourish. This resurgence should also be understood as the inability of centre and centre-left parties to connect with voters, and to appear attractive. Italy’s recent economic crisis has made Italians particularly susceptible to anti-establishment ideas. Italy was one of the countries that suffered the most during the pandemic specially fairly early on: Lots of people died, a lot of businesses had to close down, Italy found it hard to get support from the rest of the European Union. Meloni and her coalition capitalised this discontent. Meloni has chosen to fight the same enemies as other populist leaders: the LGBTQ+ community; immigrants, the European Union, Muslims; former Italian leaders and multiculturalism. She echoes Mussolini’s natalist obsession; Volume Mussolini argued that the Western race was in danger of extinction by other races of colour, Meloni has focused on ethnic substitution, defined as the loss of Italian identity as a result of globalisation and uncontrolled mass immigration fostered by the European Union. This has translated into harsh xenophobic policies.
Meloni’s election ironically coincide with the 100th anniversary of the March on Rome in October 1922 that brought Mussolini to power. 100 years later Italians. May have elected its first woman to become a Prime Minister, while this represents a break with the past and it symbolises a good step forward in theory, she also represents one of Italy’s worst chapters in its past: Mussolini’s Fascism. Meloni was a former MSI activist, and she is likely to form a government deeply rooted in populism and fascism, are very dangerous combination for contemporary European politics. We should not also allow to be fooled by her election as a woman. She has followed a similar path to Marie Le Pen called gender washing. She has adopted unknown threatening image as a female politician to mask the force of her extremism. For someone who is not familiar with Italian politics, her victory could be read as the triumph of female empowerment and gender equality. Throughout her campaign, she posed as a defender of women, however, her party has rolled back on women’s rights, especially access to abortion.
Gender washing is particularly predominant among right wing parties, as they do a better job at promoting women. Women like Meloni and Le Pen Are protected by the elite, because they support, the very pillars of male power and privilege, these women very often behave in the same way as the men in power. Meloni’s slogan God, Fatherland, and Family echoes the man-dominated and conservative model dating back to the Italy of Mussolini in the 1920s. Meloni’s politics should become more important than her gender, especially as she does not advance women’s empowerment, on the contrary, her victory means a drawback for women’s rights in Italy. Meloni is simply one more far-right candidate that has made it to power.
This should be worrying for Europe as a whole. There has been a constant failure to address the growing threat of the far-right movement at national and on a European level. In recent years, we have seen a slow and steady shift of European politics to the right, and the normalisation of a less inclusive and more racist and discriminatory discourse. This shift to the right should be seen as a ticking time bomb for the pillars of democracy. The pandemic and the current war in Ukraine have not helped the case for democracy.
There are rising living costs in the continent that are undermining governments and European institutions, and making people feel less satisfied with the way their countries are handling these issues. Crises have always been excellent breeding grounds for extremism, whatever political ideology it is. People are more scared during a crisis, allowing the politics or fear to work, and swing voters towards far-right extremists in particular. People that are more likely to vote for far-right alternatives, favour certainty and stability amidst societal changes. Change is perceived as a threat to conservative voters. Under current conditions, there are enough real or perceived changes for extremist to put the blame on. This is one of the greatest paradoxes and dangers of populism and extremism: it often identifies real problems, but seeks to replace them with something worse, the slow and almost imperceptible destruction of democratic values, institutions, and liberties.
The irony behind this is that although populists are usually extremely bad at running a country, the blame will never be placed on them. Populist leaders consolidate support by creating enemies and dividing the population between “us” and “them”. Failure in public policies, inability to provide viable solutions to crises will never be attributed to their elected officials, but rather to the enemies they have decided to use as scapegoats. In this way, as populist governments are unlikely to solve crises, things will eventually worsen, and more crises are inevitable; meaning more fear is also unavoidable. This creates a vicious circle that provides populists and extremists with further opportunities for power.
If there is something to be learnt from the current shift in international politics to the right, is the fact that voting behaviour differs from country to country. All politics is local. Voters are influenced by charismatic leaders, local events, regional issues etc. However, when it comes to the rise of extremism, common ground can be found between countries: the existence of a political, economic, or social crisis. Some far-right narratives have been able to cross borders, namely, anti-immigration and white and male supremacism. The Europe of today may be very dissimilar to the Europe of the near future should far-right movement continue to attain power in most countries. Far-right populist parties are a pan-European concern that should be addressed if we want democracy to survive in the long run.
What lies ahead for Meloni’s Italy
Not many would have predicted that 100 years after Benito Mussolini’s Black Shirts marched on Rome, a leader claiming lineage from the same political ideology would ascend to power. Georgia Meloni is on her way to become the first woman Prime Minister of Italy, hailing from a party that emerged out of the neo-fascist Italian Social Movement (MSI). Her rise to power is as dramatic as that of the fascist dictator. Brothers of Italy, which Meloni founded in 2012, recorded a measly 4.3% of vote in the 2018 elections. In the four years since, the party has gained significant ground and is now set to win 26% of the vote in a coalition with Matteo Salvini’s Lega and Silvio Berlusconi’s Forza Italia. With the right wing coalition coming to power, major shifts in Italy’s domestic and foreign policy are expected. But taking command at such a turbulent time will be a task easier said than done. Hence, it will be interesting to see what course Meloni’s coalition might take.
As things stand, Italy is edging towards a major economic crisis. The continued war in Ukraine has terribly affected Italy’s economic growth in the post-pandemic era. The rising prices of energy resources and supplies have held back household consumption, slowing the rate of recovery. The economic growth projection for 2022 stands at 2.5% while 2023 is estimated to see a further fall to a mere 1.2%. Italy’s debt crisis has also severely worsened with rising interest rates in the post-pandemic years. The national debt currently stands at about $2.9 trillion which is estimated to rise steadily, touching $3 trillion i.e. around 150% of the GDP by the end of 2023.
In her election campaign, Meloni has addressed these economic woes with a populist vigour. Meloni advocates for a protectionist stance. Her policies include a business-friendly dispensation, steep tax cuts for all, early retirement and amnesties to settle tax disputes. While the right-wing coalition manifesto pledges ambitious spending plans, Meloni has promised to keep the public finances in check. Key to keeping the economy afloat and achieving these targets will be the new government’s efforts to meet the reforms and targets agreed by the Draghi administration and the European Union to obtain the €750 billion Covid recovery and resilience fund. Meloni has already indicated that she will seek some changes to the agreed plans, making it a priority for her new coalition.
While Meloni will become Italy’s first woman Prime Minister, her case presents an example of weaponising women empowerment to further autocracy. Under her leadership, Brothers of Italy has rolled back women’s rights in the localities it governs. These rollbacks include making abortions harder to access. Her party’s slogan – “God, Fatherland, Family” – is reflective of their intentions of leading a patriarchal setup in the guise of a woman leader. With their coalition coming to power, it is likely that Meloni and her party will continue on the route of further cutting back on women’s rights and freedom.
The right-wing parties have stressed on the importance of Christian conservative familial values in their election campaign. This has resulted in vicious attacks on what Meloni calls “the LGBT lobbies” who have “harmed women and family by destroying gender identity.” Last year, Brothers of Italy and Lega blocked ratification of the Zan bill which sought to categorise violence against the LGBTQ+ community as a hate crime. The two parties opposed the bill, calling it unnecessary and against freedom of expression.
Another part of Meloni’s populist rhetoric are her claims of “ethnic substitution.” She has repeatedly claimed that Italian identity is being erased by the globalists and EU officials, who have “conspired” to unleash “uncontrolled mass immigration.” In the past, she has infamously proposed a naval blockade of the Mediterranean to stop migration to Italy. While the coalition has promised stricter border controls, blocking boat landings and establishing EU centres to evaluate asylum applications; they have also assured to regulate legal migration more smoothly, with initiatives to integrate recent immigrants.
Meloni’s stance on the European Union has been the highlight of her election campaign. While she no longer advocates for a complete withdrawal from the organisation, Meloni is vehemently against its current state of operations. “I want a Europe that does fewer things and does them better, with less centralism, more subsidiarity, less bureaucracy, and more politics,” she said. She has pushed for an ‘Italy first’ approach, countering the regional integration of the EU. Addressing a rally in Milan earlier this month, Meloni said, “In Europe they are a bit worried. The fun is over, Italy will start to defend its national interests, as others do.” Meloni has indicated her support for Poland and Hungary in their current ongoing dispute with the European Commission and the European Court of Justice. She has previously made her admiration of Hungarian Prime Minister Viktor Orban clear, calling him a ‘democratic leader’ in the face of stark EU criticism over authoritarian measures.
While Meloni and her coalition have been critical of the European Union, it is unlikely that it will lead to drastic changes in the Italian policy towards EU integration. The economic challenges that the new government finds itself in will largely affect its decision making. To obtain a much needed relief fund from the organisation, it is important for the coalition to agree to certain terms proposed by the EU. Hence, while they can be a bit more assertive in their approach, complete rejection of the EU is not on the cards.
However, Italy’s foreign policy is set to see new developments. Meloni has previously condemned Russia’s war on Ukraine, supporting sanctions against Russia and supplying weapons to Ukraine. “It is the tip of the iceberg,” she said, calling the conflict’s objective as “revision of world order.” Meloni has also been critical of China, condemning the country’s “economic expansion measures.” In 2019, Italy became the first major nation to participate in the Chinese Belt and Road Initiative (BRI), a programme to expand Beijing’s economic outreach. Meloni has since criticised the pact as a “big mistake,” indicating that Italy will re-evaluate its stance on the pact under her administration. She has also been vocal about the Taiwan issue, calling it an issue of “essential concern for Italy.” She also described Chinese threats against the island “unacceptable,” calling Taiwan and Italy’s relationship a “sincere friendship.”
Giorgia Meloni is not so different from the Trumps and Bolsonaros of our world. She gained popular support on the back of economic failure under the previous administrations and emerged as the clear winner once Mario Draghi resigned following the economic and political turmoil. Meloni fills the void that the centre-left parties have failed to address so far. She has presented herself as a new alternative against an opposition that now seems much distant from the needs and aspirations of the people. Her populist rhetoric has only helped to further fuel her rise to power. Facing economic catastrophe for the longest time, the Italians now demand security and stability. However, her anti-immigration and anti-EU policies do not present an answer to the problems Italy faces. Her populist rhetoric is highly unfortunate and raises the threat for hate crimes in the future. Her authoritarian stance coupled with the ‘Italy first’ rhetoric will not fare well in the future. In deep economic stress, Italy needs to welcome immigrants who can actively contribute to their economy and stabilise the turbulent waters.
Furthermore, Meloni’s election presents a threat to the democratic system in Italy. The right-wing coalition is in a position to negotiate a constitutional amendment that approves the President to be elected directly by the people. Currently, the President is elected by an electoral college which was setup in 1948 as a measure to prevent the future possibility of a government takeover by the fascist forces. While the Presidency is a figurehead role in the country, Brothers of Italy have advocated for a more robust head of state with a popular mandate. This advocacy for “Presidentialism” may have grave repercussions for Italy’s democratic setup, making the President a politically motivated role which will severely affect the system of checks and balances in the present system.
It is difficult to say whether Meloni’s coalition will be able to weather the storm in the coming years but one thing that is certain is that this election is one for the history books where victors are set to write the fate of Italy, once again.
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