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The Rule of Law in times of crisis in Europe – Needed more than ever

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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.[1]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.


[1]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.

Research fellow from the Rio-based Universidade Candido Mendes. Ms. Lima is attached to the BRICS Chamber of Commerce and Industry (Brazil Chapter Executive).

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The billion-dollars closer to disaster: China’s influence in Montenegro

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Komarnica bridge on the highway from Bar to Boljare in Montenegro. Photo: Government of Montenegro

Montenegro is building its first-ever motorway. Due to a huge loan scandal, it’s now become the country’s highway to hell. 40 bridges and 90 tunnels are expected to be built and financed by the Chinese. However, the project has been hit by corruption allegations, construction delays and environmental tragedies. Today, out of the planned 170 kilometers, just 40 have been completed.

The motorway is one of the most expensive in the world. It’s financed by a loan from China loan. Paying back this money is creating problems. The story starts with Montenegro’s former Prime Minister and current President, Milo Dukanović. He conceived the motorway to boost trade in the small Balkan country.

However, lacking funds to start construction, he accepted a billion-dollar loan from China in 2014. Other investors didn’t want to get involved. Prior to this, French and American feasibility studies highlighted the risks of such an oversized project. The European Investment Bank and the IMF also announced that it was a bad idea.

Now, with the pandemic crushing Montenegro’s tourism-dependent economy, the country is struggling to find a way to finance the missing stretches of road.

The motorway should link Bar Harbor in the south to the border with Serbia in the north. The first section was scheduled to be finished in 2020, but it still isn’t.

Politicians promised that the motorway contraction will boost employment in Montenegro. However, the Chinese contractor brought in its own workers, with no contracts or social security contributions.

An NGO backed by the EU is investigating corruption allegations involving subcontractors. Out of the huge loan from China, 400 million Euros were given to subcontractors, which some of them are linked with President.

In Montenegro people are hoping that there will be justice and someone should pay for this ambitious constructions plan. However, some fear that China has its eyes on Bar’s deep-water harbor. When signing the billion-dollar-loan with China, Montenegro agreed to some strange terms, like giving up sovereignty of certain parts of the land in the case of financial problems. Arbitration in this scenario would take place in China using Chinese laws.

A long-term harbor concession would fit nicely into China’s “Belt-and-Road-Initiative”, a global infrastructure project to access markets. Harbor authorities in Bar are already hoping for an economic upturn and have plans for two new terminals.

The Chinese-managed motorway isn’t just mired in cronyism allegations; it’s also accused of damaging the protected Tara river valley. The ecology group ‘Green Home’, after several monitoring of Tara River, has concluded that impact of incompetent construction on river is disastrous. Sediment from the construction site is trickling into the water, preventing the fish from spawning.

Chinese managers have been accused of ignoring basic EU standards and Montenegro is criticized for failing to supervise construction correctly. Rubble has changed the Tara riverbed, perhaps irreparably.

Environmental experts proposed alternative layouts of the motorway that would have avoided the Tara valley, but they were ignored.

The river Tara is UNESCO protected and it should be forbidden to gravel the soil and sand, but this is happening there because of the construction work.

All over the Western Balkans, Chinese investment has slowed down EU compatible reforms. China’s silk road ambitions are not always in line with EU standards of good governance, environmental protection, rule of law and transparency. Their influence is creating a wedge between the EU and the Balkan states.

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Cyprus conflict: How could be Resolved and Reunified?

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UN Photo/Eskinder Debebe

Cyprus conflict has been regarded as one of the conflicts that are so far difficult to find a resolution for it. The conflict has been considered intractable, due to its complexity multiple endeavors failed to bring on a solution. The conflict that erupted between Turkish and Greek Cypriots on the island had a different language, culture, and religion. These two components are the triggers of the Cyprus conflict which have dragged external actors into the conflict.  After independence, these two ethnic groups were granted self-governance as one state on the Island. They have been given an authority based on a constitution that has been enacted by the presence of external actors. They shared the governance of the island until the Coup of 1974 that led to separate these two ethnic groups into two constituencies which resulted in two separate regions. Turkish intervention in the 1980s divided the island into two republics. The self-declaring of an independent state for ethnic Turkish in Northern Cyprus has made the conflict intractable. The tension grew strain between them until 2014 when the reunification discussions opened between the two sides. (1)

There is a primary and secondary actor in the conflict, both actors have their interests in the conflict. Turkish Cypriots and Greek Cypriots are the main actors and the external actor such as Turkey, Greece and Britain are the main secondary actors.

Historical background of the conflict

Cyprus has been a victim of its geographical significance, due to its geopolitical importance has been conquered by multiple empires in the region. The ownership of Cyprus has changed hands among the empires such as Greeks, Egyptian, Roman, Ottoman. And British as the last empire took over from the Ottoman empire from 1878 until independence in 1960.Cyprus conflict has national, regional, and international dimensions, so the solution should take the account of multiple actors. In addition to the ethnic nationalism in terms of conflict between Greek -Turkish Cypriots, there are other actors such as Turkey and Greece. Moreover, there are international actors such as the EU,NATO, and the United Nations.(2)As Cyprus connects three continents, its geopolitical importance has lent it both vulnerability and strengths. That is why history has been of external powers’ interest.

The root cause of the conflict attributes to the lack of national identity within Cypriot society, lack of commonality has paved the way to disagreement over multiple cases. When Britain took over the administration of the island did not allow these two ethnicities to intermingle, during the independence made them too strange to each other to get along together under one state. The actual independence struggle itself was to reunification with motherland Greek which was unacceptable for Turkish Cypriots. The guerrilla war itself that was initiated by Greek Cypriot was to reunify with Greece, not for its independent state. The reunification was not in the interest of both Turkey and Great Britain. So, the conflict started, and later the North Cypriots self-declared their ethnic state. External powers fuelled the conflict for their interest. In so case, the conflict in Cyprus took in the international aspect which later UN involved to stop fighting.(3)

One of the main causes of the conflict between these two groups was security, the Turkish Cypriots did not experience security towards their Cypriots counterpart. There was inequality both socially and economically. The Greek Cypriots within the republic had more power in all sectors of life, therefore the Turkish experienced alienation which gave them a feeling of a stranger inside their own country. To fill the security vacuum they resorted to external support and Turkey was ready to present them this security. In this way, external powers such as Greece, UK, and Turkey shifted their role from guarantor to a supporter of one side over the other that made the conflict more intractable. In the referendum, the majority of Turkish Cypriots voted yes to Annan Plan but on the other side most of the Cypriot Greek vote no to this plan. Annan’s plan was an initiative to start the process of the reunification of the Island in one whole state instead of two divided states.(4)

Divide and rule

Divide and rule strategy has been a tactic of all European colonizers from the time of the Roman empire until the end of the colonization. The Dutch and the Spanish have made benefit from this strategy. All of these empires including Britain and France have employed different ways but most Western colonialist have used four basic tactics as 1)“The creation of the differences within the conquered population 2) the augmentation of existing differences 3) the channeling or exploitation of these differences for the benefit of the colonial power; and 4) the politicization of these differences so that they carry over into the post-colonial”. Britain even used an educational system to promote segregated education between ethnic Greece and Turkish Cypriots. In such a way Greek schools were staffed by teachers from Greece and Turkish schools by teachers from Turkey. They used the same tactics in Nigeria between the South and the North in a way opened more schools in the South than in the North which created different education levels.(5)

The policy of divide and rule was one of the most important strategies that have been employed by the British empire during its colony and after decolonization. The British empire has divided the people of the colonized states into multiple parts. The division policy has been followed to facilitate the governing process such as the Partition policy in India. Adoption of this strategy was the paramount goal for British empire expansion. Otherwise, it had been difficult for Britain to keep control over all these places in the world. There are various examples regarding partition policy such as in Palestine in the Middle East or Zimbabwe in Africa. Britain in contrast to France has employed segregation by dividing people to rule better. Internal Cyprus conflict is the result of the independence movement and decolonization process which led to dividing the state between Greek and Turkish Cypriots.(6)The treaties of guarantors and alliances or unworkable constitutions were the start of the intercommunal conflict between Greeks and Turkish on the island.

Multiple differences within Cypriots society laid the foundation of conflict that was exploited by external powers. They have different languages, religions, and cultures which mistakenly have been a catalyst of the conflict.

Primordial attachment

Cyprus geographically is important for major powers in the region therefore all three so-called guarantor countries such as Greece, Turkey, and Britain sought to keep influence on the Island. Through developing nationalism, the external powers gained a foothold there, from the 1960s onwards they urged national identity based on primordial principles. Both Greek and Turkey alongside Britain in a variety of ways intervened in the internal situation of the people of Cyprus. The population in Greece attached to different countries to protect themselves from another side. In such a way the idea of union with Greek the mainland for Greek Cypriot was the goal. And for the Turkish Cypriots, the partition of the Island was a case of maintaining the Turkish identity. The importance of the Island came to the surface even more in the period between 1960 -1974 when the two ethnic groups divided, and the external powers entered the conflict with support confined to nationalism toward both sides(7)

National identity is what binds the people together, in Cyprus, there are religion and language have been the main elements of their national identity. But for the new generation in Cyprus, there are other elements alongside religion and language to become an individual identity. Most of the new generation are speaking fluently English which gives them a new allegiance and a new identity. In the modern era, principles of gender, human rights, freedom, and democracy are the main goals for human beings to stand for it. So multiple factors replaced the traditional elements of identity building.(8)

The conflict in Cyprus starts directly after the independence before the independence both Turkish and Greek Cypriots were fighting Britain and seeking independence. But after Britain’s withdrawal, primordial values in terms of ethnic affiliations were promoted, and intercommunal fighting erupted between them.

Geopolitical interests

Geopolitical interests in Cyprus have played a big role in regional politics in the Middle East. This significance made the Island a victim of regional and international politics. It is an important gateway for three continents namely Asia, Europe, and Africa. Due to its location which is connecting three continents, has attracted major powers. It locates in a place that can control the connections of the most important chokepoints in the Mediterranean such as Bab-el-Mandeb, the Suez channel, and the Hormuz Strait. Where through these chokepoints import and export from oil and gas producers are transported to industrialized countries. Due to its significance has become of external powers’ interest throughout history. From Cyprus, it is easier to surveil all these chokepoints and from modern time, the USA has established an intelligence base to observe the Eastern Mediterranean and further.(9)

Even though Cyprus far away from most of the international powers, due to its importance geopolitically most of the major power through one or another way established a kind of link with it.USA under the excuse of NATO alliances with Turkey and Greece has a presence there. Britain has physical military bases and works as a guarantor based on the London-Zurich agreement. Turkey as a guarantor and links to ethnic Turkish Cypriots, Greece as a guarantor and links to Greek Cypriot, European Union through the republic memberships. So, the conflicts in Cyprus have both national and international aspects. (10)

Late discoveries of natural gas in the Eastern Mediterranean surfaced the importance of the Island again. Egypt, Israel, and the Republic of Cyprus started to explore gas in the area which provokes Turkey. Against this background, Turkey intensifies its presence in the Mediterranean by starting to explore natural gas alongside other actors there. This development triggers the start of shifting a balance of power and new alliances which leads to a new equilibrium in the region. Even Turkey has threatened to blacklist those firms that are developing offshore gas exploration.(11) findings of gas in the Eastern Mediterranean have enhanced amicable relationship among Israel, Greece, and the Republic of Cyprus, on the other side Turkey got a foothold in the waters of Southern Cyprus through the Northern republic which is recognized by only Turkey. These alliances made all countries in the region insecure which reflected negatively on the other conflicted areas such as Syria and Libya.(12)

Solution

The conflict in Cyprus is considered intractable which means resolving is more difficult than the other. Establishing peace on the Island can be achieved by adopting a conflict transformation approach. In this method, all walks of society participate in the peacebuilding process. , through individual participation, reconciliation will be materialized in a way that all citizens on the island are direct contributors and participators in the process. In doing so conflict transformation make benefits from civil society promoting which binds individual from both ethnic groups. In so case the allegiance shifting away from ethnicities to citizenship based on individual rights and interests. Conflict transformation is suited to the case of Cyprus which refrains the two ethnic groups form an in-group attachment.

So far peacemakers on the Island have sought to find a solution for the conflict based on the conflict resolution approach. This kind of solution has promoted ethnic nationalism and in-group allegiance, therefore international mediation whether coercive or non coercive has failed to find a common interest between these two ethnic groups. Coercive peacebuilding is a Modell that is practiced by Russia which has never given sustainable peace such as Russia’s mediation in Ukraine, Chechenia, Libya, and Syria. (13)

There is non-coercive intervention conflict resolution such as the ideas of William Zartman which allows the conflict parties to reach a mutually hurting stalemate. This method at the end of the day creates a time ripeness for negotiation in which both sides reach a level of damage in terms of the utility of war.Ripeness moment has been used as a strategy to convince and force the conflicting sides to apply to the negotiation and come into a sustainable agreement which results in peacebuilding.(14)

Resolving the conflict through international and external mediation results in a temporary solution that potentially re-emerges after the international system and shifting of their interests. Thus, the conflict can be sustainable only in the case of internal solutions based on individual rights and finding common interests among the population regardless of religion, language, and cultures.

Promoting common interest within the conflicting sides can result in sustainable peacebuilding. to achieve this goal enhancing the principles of democracy such as human rights, freedom, and supporting civil society which finally binds the individuals together based on citizenship than ethnicities allegiance. Through the principles of democracy, primordial nationalism is replaced by civic nationalism. This strategy has been used in Canada which resulted in positive consequences in terms of coexistence between Quebec and the rest of the populations. The people of Quebec find their interests with the English people than with the French people in the other land.(15)

 “There are four main factors which tend to create internal conflict: discriminatory political institutions; exclusionary national ideologies; intergroup politics; and elite politics”. (Michael E. Brown 1997).These factors apply to the conflict on the island, due to the longevity of the conflict common national identity has been weakening year after year. And there are four main schools to settle ethnic disputes that can be used to mitigate the hostility between Turkish Cypriots and Greek Cypriots. The first school concentrate on coercive intervention to create a balance of power(Fen Osler Hampson1997),the second school concentrate on non-coercive intervention through confidence building or ripe moment and power-sharing(Fen Osler Hampson1997),and the third schools argue that just political order is important and supporting civil society(Fen Osler Hampston1997),and the fourth school includes the use of the conflict resolution workshops which seek to reduce stereotyping in the citizen level(Jhon Burton1972)(16)

Creating a national identity in Cyprus is of paramount importance to mitigate the hostilities between the two ethnic groups, in away the people of Cyprus should promote their Cypriots attachment instead of external attachment towards Greece by Cypriot Greek and attachment to Turkey by Turkish Cypriots. Finding commonality between these two ethnicities inside Cyprus in away way both ethnicities feel secure toward each other is a path for a solution. Geopolitically a powerful Cyprus is not in the interest of external stakeholders such as Turkey and Greece therefore they always are seeking to hold the republic of Cyprus divided and weak. In such a way they would be able to intervene and make benefit from its geopolitical importance in the region which has its importance by locating among three continents. Creating a sense of Cypriot’s identity facilitates establishing a civic nationalism which paves the way to coexistence and cooperation toward a common goal. Democratic principles that give citizenship, equal economic and social rights, and free political participation are elements that can be achieved under civic nationalism, in such a way materializing a Cyprus nationalism based on duty and rights, not ethnic belongings.(17)

Through civil society promoting and confidence-building measures, the relationship between communities is possible to yield positive results.  As Christopher Michell says, “Local peacebuilding and national peace” In a way Channels of communication can be promoted through grassroots communication. Building multiple organizations would lead to building more trust among the ordinary people in such a way mutual interest facilitates the foundation of peace. Through civil society promoting the relationship between local and national level which ultimately peacebuilding is achieved.(18)

 Enhancing the role of civil society based on track two diplomacy, the two communities can open multiple channels of communication which at the end of the day the fear of insecurity is dissipated for those who voted no in the referendum in 2004. As these two ethnicities have different backgrounds in terms of language and religion and both of them have a connection to the different motherlands, they are seeking security from their respective motherlands. But in the case of building internal security through low politics strategy and micro-level communication, this fear is covered as Oliver Richmond says “NGOs fulfill vital roles that states and their agencies cannot take on”. (19)

Another alternative to promote peace and finding a resolution for the Cyprus conflict is economic factors through gas exploration in the eastern Mediterranean which gives benefits for economic prosper for the people of Cyprus. In 2014 enormous gas discovery in the region has given the prospect of the reunification of Cyprus and ending the long conflict. As multiple actors have been involved in the Cyprus conflict, its resolution should be internationally in a way all actors experience security towards each other.(20)

After Cyprus accession to the European Union, there was more possibility of finding a mutual solution thatyields joint interest for both communities in Cyprus. The people of Cyprus have lived peacefully through history the conflict flared up in 1950 during the independence war against the United Kingdom, therefore, the application of the methods of Roger and Fisher (2011) can result in positive consequences. There are some of the methods that underpin the process of negotiation of the resolution of the conflicts. These methods are” 1)Don’t bargain over position 2) separate the people of the problem 3) focus on interests, not positions 4) invent options for mutual gains 5) insist of objective criteria”.(9) In the case of Cyprus, joint gains can be achieved through gas exploration and redistribute the resources’ revenue equally over the Cyprus population.(21)

Based on the oven mentioned points Greek and Turkish Cyprus can find commonality and mutual interests which leads to coexistence and cooperation instead of fighting each other and experiencing insecurity.

Conclusion

Cyprus has been a pivotal case for most empires in the old and new history. All empires had sought to keep control over the island, which they were using as a corridor between East and West. As it connects Asia, Africa, and Europe, the major powers were interested to keep control over it. The Island was occupied by the Greek, Roman, and Ottoman empires until 1870 was deliver to the British empire. These external powers made the way for inter-communal groups to fight each other. Its significance urged these external powers to sow the soul of dissension between the two main ethnic groups as a divide and rule strategy. There are primary and secondary actors in the Cyprus conflict, the primary are the two ethnic groups such as Turkish and Greeks who are living on the Island. Finding the solution for this conflict can start from the primary actors such as Greek and Turkish Cypriots. Through the transformation approach, the relationship between these two ethnic groups is promoting and based on low-level interaction peacebuilding starts to flourish. Moreover, there are secondary actors are playing an expansive role within the Cyprus conflict. The fatherlands of Greece and Turkey are involved by supporting their ethnic groups on the Island. Through establishing the bases of security for both ethnic groups is the foundation of the conflict resolution for the intractable conflict of Cyprus.

Getting to Yes which is concentrating on interests than position is helpful to resolve disputes between conflicting sides. In the case of Cyprus looking forward than looking back is facilitating the process of negotiation. Some points can be used in the process of negotiation in the Cyprus conflict. Most important points er 1) bargaining over interests than position 2)separating the people from the problem 3)mutual gain  4) insisting on objective criteria.(22)

Based on the conflict transformation strategies and win-win negotiations, citizens can be drawn into the negotiations. These measures within conflict resolution by engaging civil society the fear of insecurity can be dissipated. In that case, the conflicting parties within Cyprus society could be reunified and the main causes of their internal conflicts are transformed and resolved.

References:

  • 12) Efrain Inbar &Shmuel  Sandler,”The Importance of Cyprus” Middle  East Quarterly,spring2001,pp.51-58.Accessed Januar132021, https://www.meforum.org/29/the-importance-of-cyprus
  • 13)David Lewis,”Russia as Peacebuilder?Russia’s coercive mediation strategy,”George CMarshall European Center for Security Studies,June 2020,Nr.061.Accessed Januar142021,
  • 16) Oliver P. Richmond , “Ethno‐nationalism, sovereignty and negotiating positions in the Cyprus conflict: obstacles to a settlement”, (1999),Middle Eastern Studies, 35:3, 42-63, DOI: 10.1080/00263209908701278
  • 17) Christopher Mitchel, “ Beyond Resolution: what does Conflict Transformation Actually transform?”, Peace and Conflict Studies, 5,1,2001,Vol.9,Nr 1.Accessed 13Januar 2021.https://nsuworks.nova.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=1020&context=pcs/
  • 18)  Landon E. Hancock & Christopher Mitchell, “Local Peacebuilding and Legitimacy: Interactions between National and Local Levels”, Routledge,2018.
  • 19) Henry Carey &Oliver Richmond, “Mitigating Conflict: The Role of NGOs” 2003 Frank Cass & Co. Ltd.
  • 20) Ayla Gürel& Laura Le Cornu, “Can Gas Catalyse Peace in the Eastern Mediterranean?”, The International Spectator, (2014) 49:2, 11-33, DOI: 10.1080/03932729.2014.906799
  • 21) Roger Fisher & William Ury,“ getting to yes: Negotiation an Agreement without Giving in”,2011, penguin books, New York.
  • 22) Roger Fisher & William Ury,“ getting to yes: Negotiation an Agreement without Giving in”,2011, penguin books, New York.

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Disconnecting From SWIFT? No, We Did Not Hear About It

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Photo: Markus Spiske/Unsplash

The European Parliament has adopted another resolution on Russia. It reflects the key political claims against Moscow which have recently been on the Union’s official agenda. These include the aggravation of the situation in Ukraine, the “Navalny case”, the diplomatic scandal between Russia and the Czech Republic concerning the explosion of a military warehouse in 2014. The resolution contained radical proposals. Disconnect Russia from SWIFT and stop imports of energy resources in the event of an aggravation of the conflict in Donbass, reconsider relations between Russia and the EU, develop new sanctions regimes, etc. These proposals generated headlines in the media. However, the stock markets ignored them. The resolution did not cause any fluctuations of the ruble or Russian blue chips. Why did this happen and should the resolution be taken seriously?

At first glance, the resolution confirms that high consensus of one of the key (along with the EU Council) legislative bodies of the EU. It was adopted by 569 votes in favour, 67 against, and with 46 abstentions. Kiev and Prague welcome the resolution. Their political positions are uncompromisingly reflected in the document, although, for example, in the case of the explosion at a Czech military depot, there is no consensus, even in the Czech Republic itself. Not to mention the situation around Donbass, where the military build-up was carried out on both sides. According to an already established tradition, Russia is declared guilty of all obvious and perceived problems. Naturally, the document also reflects the “Navalny case”. Earlier, the European Parliament had already issued two resolutions. One in connection with the alleged poisoning, and the other after the arrest of the Russian opposition YouTuber Navalny. Tough measures against Moscow were proposed in previous resolutions as well. In some ways, their intention is consistent with American bills on “draconian sanctions”, such as DASKA: to designate a “lowest denominator” and possible measures that the European Union could potentially take. The threat of disconnection from SWIFT was the “icing on the cake”, which, as expected, was popular in the media success.

However, the markets ignored the resolution of the European Parliament. There are several reasons for this.

First, the period of aggravation of the situation in Donbass is clearly over. Yes, the problem itself has not been resolved. The conflict will smoulder for a long time, and new rounds of escalation will be still felt. There are no prospects for the implementation of the Minsk agreements. However, the prospect of an open military clash, which loomed on the horizon a month ago, has receded into the background. Ukrainian diplomacy was unable to achieve progress towards the revision of the Minsk agreements, although it temporarily returned the topic of Donbass to the political and media mainstream. Russia has shown that it is ready to balance the military build-up in Donbass without hesitation and to respond to a possible attempted military solution. The next round of exacerbation has so far fizzled out without leading to qualitative changes in the sanctions regime against Russia, or in the political positions of the parties.

Second, the radical proposals of the European Parliament are unlikely to find a response in the European Commission and the EU Council. The head of EU diplomacy, Josep Borrell, has already noted that decisions on restrictions on SWIFT and Nord Stream 2 are not within the competence of the European Union. It is obvious that disconnecting Russia from SWIFT will lead to colossal losses for both Russian business and EU companies doing business with Russia. The refusal to purchase Russian energy resources will also lead to significant costs. The Nord Stream 2 project remains in the interests of the European Union and Germany. Moreover, the disconnection from SWIFT, taking into account its consequences for the Russian economy, can simply be perceived by Moscow as an act of aggression with all the ensuing political consequences. The EU is losing the opportunity to strengthen and promote the role of the euro as a more desirable instrument for international payments. In particular, the share of the euro is likely to grow in trade between Russia and the PRC, ousting the US dollar. Manipulation with SWIFT will hurt Brussels’ plans to promote the euro globally.

Finally, thirdly, the real magnitude of the political contradictions between Moscow and Brussels is clearly not up to such radical steps. Yes, relations between Russia and the EU are in a deplorable state. The political dialogue periodically breaks down amid mutual accusations. There are no ways to resolve the most serious contradictions so far. However, the “level of support” of the existing, albeit bad, relations is still strong and its “breakdown to the bottom” has not yet taken place, even despite a number of recent local shocks. The “warehouse case” in the Czech Republic has not generated a pan-European chain reaction and has mostly damaged bilateral relations between Moscow and Prague. Most of the EU members are not eager to get involved in this scandal. The Navalny case will remain a toxic asset for a long time to come. But it, too, has not yet led to fundamental shifts. As for Ukraine, Moscow is clearly not eager to get involved in a military conflict, although it has demonstrated its force. To a certain extent, such demonstrations even reduce the likelihood of a violent scenario in the resolution of the conflict. At the same time, they do not bring political solutions closer. In general, the existing problems are large-scale. Their cumulative effect will increase. But its weight for the measures proposed in the European Parliament resolution is clearly not enough.

The only innovation that currently has a political perspective is the proposal for a new sanctions mechanism on corruption. A similar mechanism has recently been established in the UK. It involves freezing the assets of persons suspected having ties to corruption. The European Commission may well develop proposals for such a mechanism and submit it to the EU Council for consideration. The chances of its approval are very high. However, even if it is used against Russian individuals, its impact on economic ties between the EU and Russia will be extremely low. This may be the reason for the possible success of such an idea. The European Commission and the EU Council will show that they are loyal to at least some of the requirements of the European Parliament. At the same time, the use of the mechanism will remain in their hands, and the risks for the business will be minimal.

Moscow will also draw its conclusions from the rhetorical exercises of the European Parliament. Despite the fact that the risks of it implementing the recommendations of parliamentarians are negligible, this is another incentive for the Russian authorities to continue working on an alternative financial infrastructure in partnership with their foreign partners, who are also the target of unilateral restrictive measures.

From our partner RIAC

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