Conclusions and Recommendations
This collection of essays has sought to provide a platform for a range of different views about some of the most challenging debates in human rights and peace building. It…
This collection of essays has sought to provide a platform for a range of different views about some of the most challenging debates in human rights and peace building. It does not make any claim to be exhaustive or definitive, indeed there are many important perspectives that will need to be part of future work, but it does attempt to be a starting point for conversations about the competing rights and responsibilities at play in this challenging area. It also seeks to remind all parties to the conflicts and the international community at large that all people have human rights irrespective of where they live.
Neither the editors of this publication nor their respective organisations, the Foreign Policy Centre (FPC) and the Norwegian Helsinki Committee (NHC), are endorsing any views on the intractable issues of status set out by a number of the other essay contributors. However, it is important that local voices are heard, while recognising and understanding that their positions can be painful to hear for those from the states from whom they are trying to formally separate and particularly for those from internally displaced persons’ (IDP) communities whose lives have been changed irrevocably by the conflicts that forced them to flee. Nevertheless, the issues around status remain intractable at an intergovernmental level and the subject of much substantive research by peacebuilders and academics that we do not attempt to replicate here. It is with that in mind that the conclusions that we attempt to draw here and the suggested recommendations for action look to proceed as much as is possible, given the challenges of doing so, from a status-neutral position.
At the heart of this debate is the question of whether and how the international community should engage with the de facto authorities, local civil society and civil society. Georgia, Azerbaijan and Ukraine in particular[1] robustly defend against any initiatives that would be seen to lend credibility to the de facto authorities or their policies. As a result, engagement on these issues by international governments and institutions from the Organisation for Security and Co-operation in Europe (OSCE) to the European Union (EU) is couched in terms of reiterating and reinforcing the parent state’s position on territorial integrity. The de facto authorities in turn similarly robustly defend their own claims to independence and regularly reject initiatives and attempts at international monitoring that seek to assess the situation in the breakaway regions formally as part of the international community’s work in the parent state. For example, efforts by the United Nations (UN) Human Rights Council and special rapporteurs to visit Abkhazia and South Ossetia as part of their mandate investigating the situation in Georgia have been rejected a number of times.
Recent efforts to change facts on the ground that only create further challenges on the issue of status, such as the attempts at ‘borderisation’ through barbed wire fences and other means, between both South Ossetia and Georgia and between Abkhazia and Georgia, risk undermining the human rights of people living in or near the Administrative Boundary Lines (ABLs). Such changes create specific challenges for members of the two disputed territories’ Georgian communities and those living in Georgian controlled territories. Stopping ordinary people from physically crossing the ABLs or making it more difficult for them to travel by preventing them from getting the relevant documents both impinges on their human rights and undermines efforts at confidence building that would be a necessary part of any path to conflict resolution. The Government of Georgia may also want to consider however that particularly in Abkhazia the inability of the de facto authorities to build their own capacity, partially as a result of international pressure, has led to an expansion in Russian control and influence beyond what would have been desired by many in the local power elites.
In this essay collection a number of different authors make suggestions for engagement to address both human rights challenges and to build local capacity to address every day needs, some of which are more status neutral than others. While these are all worth considering on their own merits the editors wish to narrow the focus of our conclusions overall to three areas: engagement with civil society such as non-governmental organisations (NGOs), journalists, lawyers and other non-state actors; access to international law; and the rights of national minorities and IDPs.
Civil Society
This collection has made clear that finding ways to engage with and support local NGOs, journalists and lawyers to learn, strengthen and push back against those that would curtail their activities are central to efforts to improve human rights in unrecognised states. International NGOs and donors can face a significant challenge in making contact with their counterparts in de facto states through a mixture of bureaucratic hurdles, political pressure and legal restrictions or sanctions by both status conscious ‘parent’ states and wary de facto authorities. Physically getting access to de facto states can be challenging, particularly for those seeking to do so in a manner that doesn’t antagonise the parent states (accessing the de facto states from Georgia, Azerbaijan and Ukraine rather than the quicker routes via Armenia and Russia). Azerbaijan has been known to blacklist people that have visited Nagorno-Karabakh via Armenia without permission and organisations that do not follow the procedures set out by Georgia and Ukraine will face a significant backlash that would create problems for their work in those countries. In his essay Anton Nemlyuk specifically called on Ukraine to find ways to request permission to access Crimea remotely and if possible find ways to allow permission for access via Russia rather than Ukraine’s land border, while the NHC and others have called for greater flexibility from all parties to facilitate people-to-people contact both to allow status-neutral field research and to work directly with local counterparts.
Access issues include attempts to restrict the international funding of NGOs by the South Ossetian (and of course Russian) foreign agents laws, Transnistrian legislation on reporting requirements and funding approval by the Coordination Council of Technical Aid[2], as well as other official and unofficial pressures from the parent state against local NGOs collaborating with international groups. The precarious legal and security situation facing the de facto authorities, as well as Russian pressure in a number of cases, is a key factor in the wariness towards international collaboration. However, given that these de facto administrations regularly call for international engagement, the EU and international governments need to be proactive in defending the right of international civil society to gain access. Efforts at improving access for human rights NGOs will of course sit alongside similar efforts to defend Track-2 peacebuilding initiatives, with efforts to improve human rights potentially creating more space for honest and open dialogue on conflict issues.
A range of different types of civil society engagement that would be beneficial have been suggested throughout this publication. These include supporting independent reporting and newsgathering efforts to draw attention to the activities of the de facto authorities, improving awareness and accountability amongst the residents of the de facto states, within the public and elites of their metropolitan state patrons, ‘parent’ states and to the international community. There are also calls to back efforts that bring together lawyers, journalists and NGOs to encourage collaboration. Such collaboration is believed to be important in addressing human rights issues, disseminating knowledge about human rights and building pressure on authorities (de facto and de jure) to address issues. This work could be through joint trainings, ad hoc collaboration or assisting with the development of more structured, though still informal, associations to help build networks and trust.
Donors, whether philanthropic or governmental, need to be clear that though targeted funding at groups unlikely to receive local support can be helpful, skill sharing and helping give a platform for local voices is also important. This is because particularly in the cases of South Ossetia, Abkhazia, Transnistria and to a lesser extent for Nagorno-Karabakh any financial or economic incentives the international community might be able to bring to the table will be dwarfed by the scale of financial transfers being provided by Russia or to some extent by Armenia and its diaspora communities. As Thomas De Waal points out, as part of a recent study of a number of unrecognised entities, in Abkhazia ‘Moscow’s spending on pensions alone was more than ten times the EU’s aid program in 2008–2016.’[3]
Efforts to directly improve the performance of the de facto human rights ombudspeople, while potentially beneficial, would face significant hurdles for international governments or international institutions. There may however be space to strengthen the capacity of local NGOs and lawyers to improve their abilities to influence and where necessary push back against de facto agencies and bodies, empowering people and reducing the power imbalance between them and the de facto institutions rather than empowering the institutions themselves.
A number of contributors have argued in favour of finding ways to improve the provision of public goods such as health care, education, social services, youth provision, and housing to improve the wellbeing of local people. However, if the de facto authorities are the ones providing the service there is a significant challenge that capacity building efforts even in these areas would be seen as enhancing their capacity to govern and therefore not be status neutral. A possible alternative might be to find ways to expand the capacity of local civil society to deliver such services, so that in theory such provision could continue irrespective of who controlled the area.
Accessing international law
The second main dimension for protecting people’s rights is through international law, and while international bodies may set challenges for the de facto authorities[4] ultimately the rights and duties flow through and reinforce the importance of the recognised states who are signatories to the relevant treaties. A number of essays but particularly that by Ilya Nuzov show the importance of applying international law, particularly the European Convention on Human Rights to abuses committed in the breakaway entities. As set out above improving capacity of local lawyers working on the ground in the de facto states and in the border and IDP communities impacted by the conflicts, improving technical expertise and legal knowledge is a vital first step. However, it is also essential to help support lawyers in the metropolitan states (Georgia, Russia, Armenia, Azerbaijan, Ukraine and Moldova) who are able to take cases of abuse and seek remedies through the European Court of Human Rights (ECtHR).
Both improved legal documentation and other information gathering efforts may open up opportunities for ‘Global Magnitsky’ type legislation in a number of important international jurisdictions including the US, UK and the Baltic states that could target the international assets of local human rights abusers and their enablers in the governments of occupying powers. Similarly, such documentation may help facilitate cases in third country courts operating under universal jurisdiction to holder abusers to account. Donors need to consider how they can best assist with supporting efforts to access the ECtHR, courts of universal jurisdiction and to trigger international sanctions.
As the NHC have set out in their essay earlier in this publication both the patron and the parent state as well as de facto authorities have a responsibility to respect, protect and fulfil human rights to the extent that they have effective control over a territory. They should co-operate in facilitating access to international human rights mechanisms and in the implementation of international decisions. While ‘parent states’ can be challenged over ways in which they may be inflexible in their approach, the ultimate responsibility for allowing access by international human rights mechanisms lies with the de facto authorities and their international patrons. Failure to provide access to monitoring by UN, OSCE and Council of Europe human rights mechanisms will continue to be seen as a sign of defensiveness about local standards, undermining international perceptions of the de facto authorities’ capacity to effectively provide governance to the areas under their control.
Minorities and IDPs
Protecting the human rights of minority communities within the areas controlled by de facto authorities is not only one of the most important areas for improving human rights standards in these areas but will be an essential component for any future peace process or discussions on status. Whether future paths on status lead towards reunification, independence, annexation[5] or perpetual limbo, the credibility of the de facto authorities and occupying powers will be judged by the international community by how they treat minority groups who live in the territories they control. In the case of Abkhazia, however one defines the issue of status, the challenges facing members of the Georgian community in the Gali region will continue to be particularly sensitive and practical steps to improve the situation for the local population are urgently needed.
The IDP dimension has been less of a focus for this publication given other work in this area but it remains no less important. There is more that the international community can do to raise awareness of the continuing plight of IDPs in Georgia, Azerbaijan and Ukraine, particularly those whose future remains uncertain. This can include more concerted efforts to improve financial and technical support through the office of the UN High Commissioner for Refugees (UNHCR) and other mechanisms, and ensuring that issues around protecting the property rights of IDPs pending any agreed peace settlement remain a core dimension of any international dialogue with the de facto authorities.
Recommendations
To the de facto authorities and recognised state governments
To the International Community and Global Civil Society
Authors' bios:
Gunnar M. Ekeløve-Slydal is Deputy Secretary General, Norwegian Helsinki Committee, and a Lecturer at the University of South East Norway. He studied philosophy at the University of Oslo and worked for many years for the Norwegian Centre for Human Rights at the University of Oslo and as Editor of the Nordic Journal on Human Rights. He has written extensively on human rights, international institutions, and philosophical themes, including textbooks, reports, and articles.
Adam Hug became Director of the Foreign Policy Centre in November 2017. He had previously been the Policy Director at the Foreign Policy Centre from 2008-2017. His research focuses on human rights and governance issues particularly in the former Soviet Union. He also writes on UK foreign policy and EU issues.
Ana Pashalishvili is a lawyer with a broad spectrum of expertise in international law and human rights. She joined the NHC in April 2014 and since then has been actively working on topics related to human rights, international public and criminal law as well as data privacy, documentation and project management.
Inna Sangadzhieva is a Senior Advisor at the Norwegian Helsinki Committee (NHC). She is a linguist from the Kalmyk State University (Russia) and has MA at political science from the University of Oslo. Inna has been working at the NHC for 15 years, she is an author of several articles and reports, mostly regarding the political and human rights situation in Russia and the former Soviet Union.
Photo by Lene Wetteland, Norwegian Helsinki Committee
[1] The Moldova-Transnistria situation is somewhat more fluid and flexible, albeit that status issues do still pose major challenges.
[2] Freedom House, Freedom in the World 2019: Transnistria, https://freedomhouse.org/report/freedom-world/2019/transnistria
[3] Recent works by authors such as Thomas De Waal and the International Crisis Group have set out ideas for status neutral engagement in a range of different spheres that stretch beyond the human rights focus of this publication. For example https://carnegieeurope.eu/2018/12/03/uncertain-ground-engaging-with-europe-s-de-facto-states-and-breakaway-territories-pub-77823
[4] For example as noted by Ilya Nusov ‘Resolution 2240 on access to ‘grey zones’ by CoE and UN human rights monitoring bodies, the Parliamentary Assembly of the CoE (PACE) considers that: the exercise of de facto authority brings with it a duty to respect the rights of all inhabitants of the territory in question, as those rights would otherwise be respected by the authorities of the State of which the territory in question is a part; even illegitimate assumption of powers of the State must be accompanied by assumption of the corresponding responsibilities of the State towards its inhabitants.’ http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=25168&lang=en
[5] In the case of Crimea Russia has already taken this step but at present it seems unlikely that the international community is willing to acquiesce to Russian demands for recognition of its annexation in the near future.
[post_title] => Conclusions and Recommendations [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => conclusions-and-recommendations-3 [to_ping] => [pinged] => [post_modified] => 2019-09-26 09:09:23 [post_modified_gmt] => 2019-09-26 09:09:23 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3982 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [1] => WP_Post Object ( [ID] => 3935 [post_author] => 38 [post_date] => 2019-07-25 03:00:35 [post_date_gmt] => 2019-07-25 03:00:35 [post_content] =>Brexit is an attempt to tackle domestic problems by altering our relationship with our European neighbours. Some feel that this is doomed to fail because our economy and security is so integrated with our neighbours and we should therefore concentrate on avoiding it or getting the least-worst option while tackling with renewed vigour the discontents – about housing, unstable jobs and incomes, and rapid cultural change which brought this populist wave. Others believe that through the projection of a ‘Global Britain’ we can rebuild our prestige and renew our international relationships. But what if the domestic discontents are part of the unfolding of international developments?
After all, Britain is not the only European country facing tough economic competition from the Far East; or large-scale immigration; or the pressure on its youth from an apparently ungovernable internet and social media. And if this is the case, what does it mean for the way we conduct our foreign policy?
This essay aims to look at three things: the nature of the modern world, what we want to achieve in it and thirdly at the levers we can pull and the resources we can bring to bear to achieve our aims.
The Modern World
Interconnectedness beyond national boundaries is not a new phenomenon. Once England was part of the Roman Empire, then we were ruled from Scandinavia; even as the Kingdom united and grew we were part of the Roman Catholic Church. Later we became a phenomenally successful trading nation with an Empire which stretched across the globe bringing cultural as well as financial exchange.
Perhaps unsurprisingly, the proportion of our economy which is traded remained constant between 1900 and 2000. In 1900 exports constituted 24.9 per cent of the economy and in 2000 it was back at 24.9 per cent. But the degree of interconnectedness today seems far more immediate and intense – at the click of a button we can be in touch with people thousands of miles away; huge movements of people flow – some motivated by economic opportunities, others forced by war, desperation and climate change.
We in the UK are fortunate for the last 75 years to have lived in a largely peaceful and prosperous environment. This is frequently attributed to the very successful institution-building in the immediate aftermath of the Second World War (WWII), in which we played a significant part: the United Nations (UN), the UN Declaration of Human Rights, North Atlantic Treaty Organisation (NATO) and the economic institutions – the International Monetary Fund (IMF) (to which we had recourse ourselves in 1976), the World Bank, the General Agreement on Tariffs and Trade(GATT) which developed into the World Trade Organisation (WTO) - and, of course, the European Union (EU).
One of the high points in this period came on 9th November 1989. I can remember watching the TV coverage of the crowds breaking the Berlin Wall and writing in my diary – “this is the most important day of my life.” Those were heady days, to be young was very heaven. It felt like the completion of the liberation of May 1945. The bipolar world and the threat of nuclear war, which that had meant, was lifted. We were certain we could be safer, and some of us on the Left looked forward optimistically to the development of new economic models, negotiating a path that would take seriously the Eastern European commitment to equality and the West’s enterprise and openness. Russia was invited to the G7 meetings in London. We discussed the possibility of using co-ops and the Yugoslav model.
However Yugoslavia was the first country in the 1990s to collapse in a bloody and violent war; refugees from its horrors began arriving in London and we were shaken from our optimism.
The political right claimed victory – market liberalism was declared to be the both the cause and the destination of this new world – the alpha and the omega – even in China Deng Xiaoping was following its tenets.
Again, of course, their confidence was overblown. The rise of religious fundamentalism – of Islam as a political force in the Middle East and Christian Evangelicals in the US – pushed back against the idea or possibility of one totalising ideology.
The advent of climate change and the collapse of the markets in 2008 show both that we have not achieved a secure and sustainable way of life and that developments across the globe affect our day to day lives. Badly regulated US mortgage markets means queues outside Northern Rock; the destruction of the Amazon rainforest brings floods in Cumbria.
Following the Brexit vote, there has been a lot of soul searching about the failures of domestic policy – why were those outside the major cities feeling particularly disempowered? Why were some of those with the most to lose from rupturing economic relationships with Europe amongst some of the most inclined to vote Leave? But not so much attention has been paid to international policy.
The fact is that the world in 2019 is not as it was in 1945 – or indeed 1913 or 1989. Yes, we are not in a bipolar world, but nor are we in a world which can be dominated by the Americans.
The biggest international story is the rise of China. Forty years ago, China was a struggling middle-sized power with a poor, inefficient and stagnant economy. Since the implementation of major economic reforms in 1979, it has experienced a staggering economic transformation. According to the World Bank, China’s Gross Domestic Product (GDP) growth has averaged nearly 10 per cent a year—the fastest sustained expansion by a major economy in history.[1] It is now the world’s second largest economy as measured by nominal GDP and has established itself as a geopolitical superpower.
The other big story is the emergence of the other BRICS (Brazil, Russia, India, China and South Africa). First conceived of in 2001 by Goldman Sachs during an economic forecasting exercise, the BRICS together contain three billion people – over one third of the world’s population – and account for between 25-30 per cent of global GDP.[2] The grouping has evolved from a popular concept to a formal grouping – holding their first summit in 2009 – and present a direct challenge to the hegemony of the G7 nations.
Progress on human well-being paints a mixed picture. On the one hand, we have seen a discernible improvement in people’s lives over the past three decades. According to the UN Development Programme (UNDP) data, between 1990 and 2017 nearly every country in the world (with a few notable exceptions, such as Syria and Yemen) has seen a net increase in their Human Development Index (HDI) scores and life expectancy.[3] World Bank Data also indicates a continued (albeit slowing) decrease in poverty levels, with the percentage of people living in extreme poverty globally falling to a new low of 10 per cent in 2015.[4]
On the other hand, there is plenty to overshadow this progress. According to the UNHCR, the UN Refugee Agency, the number of people fleeing war, persecution and conflict exceeded 70 million in 2018.[5] This is the highest level that UNHCR has seen in its almost 70 years. There is also still plenty to be done on human rights and democracy. The Universal Declaration of Human Rights turned 70 in 2018, yet in the past two years alone, we have seen nearly 700,000 Rohingya Muslims forced to flee state oppression in Myanmar, over one million Uighur Muslims detained in re-education camps in Xinjiang and over 300 human rights defenders have been murdered.[6] According to Freedom House, 37 per cent of the world’s population live in countries categorised as ‘not free’, and out of a possible score of 100, two thirds of countries scored less than 50 on the Corruption Perception Index (CPI).[7]
Britain may have thefifth largest economy today, but the inexorable rise of the emerging economies with larger populations could see us drop down to 10th in 2050, behind Indonesia and Mexico.[8] This is simply not under our control. This is not to say we cannot adopt both domestic and foreign policy stances which are positive and constructive - we can. But as the psychotherapists say: the art of growing up is coming to terms with the world as it is, not as we would like it to be.
These big prospective changes also explain why countries beyond the victors of the Second World War are discontent with the governance arrangements of the existing institutions – why, for example, China set up the Asian Infrastructure Investment Bank to rival the International Bank for Reconstruction and Development (IBRD- part of the World Bank Group) and why there are calls to expand the UN Security Council.
But it’s not just a question of whether the right people are sitting at the table. An even bigger question is whether we have the right institutions tackling the right problems.
The Bretton Woods institutions were far sighted and strong, but they were established to tackle the world’s problems in 1945 and as we have seen, these are changing. Let me give some examples: the internet; climate change; the impact transnational corporations have on human rights; drugs; migration and the rights of refugees.
We are often enjoined to defend the rules-based international order and explain its benefits and virtues. This is usually in response to a populist attack from President Donald Trump. President Trump is particularly irritating, because he is good at identifying actual weaknesses – Chinese theft of intellectual property or European countries’ failure to pay a fair share of NATO costs – which no one can deny, while at the same time proposing solutions which are totally counterproductive: a trade war or US disengagement from a shared defence alliance.
So it is true that the UN has been much stronger than the League of Nations in providing a forum for resolving disputes peacefully and that the WTO has, up until now, prevented the ‘beggar thy neighbour’ policies which dogged economies in the 1930s, but it’s also true that big issues like how to govern the internet and tackle climate change effectively have not been cracked. And that, especially post-2008, a sense of insecurity has brought to the fore strong men – Trump, Putin and Ji and right-wing populists – Matteo Salvini and Viktor Orban whose proposals are to build up walls, whether physical, legal or metaphorical, against outsiders.
Brexit is our own special national brand of populism. This then is the hostile environment in which we are seeking to tackle our problems.
What do we want to achieve in our Foreign Policy?
Citizens regard the first duty of government as being to provide security and stability. This does not of course mean that foreign policy needs to be an exercise in crude nationalism such as ‘America First.’ There is a huge appetite for policies which bring security and stability but are also socially responsible.
Two points are worth making here. Firstly, security and social responsibility are not necessarily in conflict. We can afford to spend two per cent of our national income on defence and 0.7 per cent on overseas aid; we can share our intelligence resources with our NATO allies and run a BBC World Service which broadcasts truthful fact-based news into closed countries like North Korea. We can do both. Secondly – and it flows from this socially responsible policy framework – promoting development and tackling climate change effectively will increase our security, because they will increase the security of others and promote a shared worldview.
Emily Thornberry spoke at length about this to the Institute for Government recently: “[We should] champion certain values as well as commercial interests” and “by putting values back at the heart of our diplomacy [we will] help to transform what Britain is seen to stand for as a country.”
And Jeremy Corbyn has said “Labour will speak for democratic values and human rights” and “will be driven by progressive values and international solidarity”[9]
Whatever the rights or wrongs of the misadventure of Iraq – it clearly did not make the British people more secure.
So we want to pursue security, stability and social responsibility.
The prime security alliance the UK enjoys is through NATO – itself based on shared interests and values.
Key to this for us has been the US-UK ‘special relationship’, and this has been put under considerable pressure lately. Firstly by revulsion among the public at the aftermath of the Iraq War; then by the election of Trump who seems to embody most of what the British Left dislikes about the US and little of what it does like, and finally by Brexit – which potentially means that when the US want to contact Europe the first phone they ring is no longer going to be the one in King Charles Street.
What this tells us is not that we no longer share objective interests with the US or that our strong cultural and historic ties are worthless – but that, perhaps like a marriage that’s gone through a bad patch, the relationship needs a bit of work. It’s not going to be what it was, so we need to find a new balance. An interesting study recently published by the UN Association[10] looking at international perceptions of the UK found that a relationship in which the two countries are seen as too close reduces our prestige. If we merely follow the US – there’s no point in anyone asking for our help in influencing them.
Labour is committed to NATO membership and the two per cent and this essay is not about defence policy but refashioning the relationship so it is positive without being subservient on trade (chlorinated chicken) or culture (our children shouldn’t be exposed to bad cartoons. Britain has much higher standards for children’s television than the US, with less violence and more rounded and diverse characters. The US film moguls would like to swamp our TV stations). This is not about Brexit, but it is worth noting that the current government as part of its Brexit preparations has increased the number of diplomatic positions in European countries by 50.
This of course is part of a more general re-focussing which will be required if we leave the EU. An assessment and review of the impact and significance of the change means working that bit harder to be heard elsewhere.
Individual bilateral relationships matter. But I hope just two examples will illustrate that alone they cannot deliver our aims.
China is a global power and as we have noted it is growing rapidly. But the truth is we are conflicted. We want and need the trading opportunities offered, this will help our economic stability, but this is tempered by our concerns over Chinese political culture and human rights record. We look for opportunities to co-operate – like climate change - but sometimes the conflicts become sharp - as when we look at developments in Hong Kong or investment from Huawei. These bring into relief, as it were, the dilemma. Could we hope to persuade the Chinese that if they are to move from global power to global leadership, they need to adopt more liberal global norms?
Simply to pose the questions is to invite a negative answer. Britain is no longer big enough to effect major change through a series of bilateral relationships. This may even be true with small and middle-sized countries like say Vietnam. Relatively speaking, we may have more leverage, but they too are tied in to regional organisations and power structures – Associate of South East Asian Nations (ASEAN) and China in the case of Vietnam.
In other words, given the UK’s place in the world the way to make Britain safer and more stable is to contribute to the development of a safer and more secure international environment through the introduction of new norms, better international legal frameworks and institutions which do tackle at source underlying causes of power imbalances.
Furthermore, this is not just a question of relations between nation states: it is also about preventing a big beast jungle where private actors – banks, new technology firms, extractive industries – ride roughshod over countries and their citizens.
It is important to have a positive and proactive stance in order to avoid foreign policy descending into endlessly reactive crisis management.
What are the levers we can pull and the resources we can bring to bear to achieve our aims?
The UK has significant resources - it is the fifth largest economy in the world. Our ranking is projected to fall to 10th in 2050, but we’ll still be a wealthy country in the top quartile.
We have considerable military strength. The UK has the largest military budget in the EU, has a navy bigger than the French, Italian and German Navies combined – and possesses the fifth largest military stockpile of nuclear warheads.[11] There is an argument to be had about whether we devote too much or too little resource to our military and what the balance should be between conventional, nuclear and cyber resources. For the purposes of this analysis I am going to assume a steady state.
Our soft power is remarkable, and our history has given us positional power in key institutions: permanent member of the UN Security Council; executive directorships in the IMF and IBRD; a key role for the Governor of the Bank of England in the Bank for International Settlements.
We also have strong alliances through NATO and the Anglosphere. The Joint Intelligence Committee (on which I served in humble capacity as a junior civil servant during the 1983 Iran-Iraq War) still relies on shared intelligence with the United States, Canada, New Zealand, Australia and the UK.
Perhaps the most important is the English language – spoken by approximately 20 per cent of the world’s population.[12] World class universities such as Oxford, Cambridge and the London universities attract students from across the world. The UK has renowned cultural resources and media influence through the BBC World Service.
Under Labour, some sources of soft power were enhanced significantly and consequently we are well respected for our overseas aid programme, our debt forgiveness initiative and climate change leadership. We have a large and highly regarded diplomatic service, the power of connectivity and the network of Commonwealth nations.
But our history is also a liability. Almost every former colony has resentments as well as warm memories. The tension between this chequered colonial past and how we move beyond it is played out in unusual context: the Commonwealth.
For some, the Commonwealth will never be able to shake off its colonial roots and is therefore dismissed as a relic that is not fit for modern times. Others see such criticism as unfair and argue that the Commonwealth is a very different institution to what it was in the 1970s. The Commonwealth gives us an opportunity to express what Lord Rickets called “convening power”[13]. The Commonwealth consists of 53 countries and contains 2.4 billion people[14] – one third of the earth’s population – of which more than 60 per cent are under the age of 29. As of 2017, the combined GDP of the Commonwealth was US$10.4 trillion and bilateral intra-Commonwealth trading costs are on average 19 per cent less than those between non-member countries.[15] The Commonwealth boasts five G20 economies (Australia, Canada, India, South Africa and the UK) and four out of five of the Five Eyes intelligence alliance are Commonwealth Members (Australia, New Zealand, Canada and the UK). And of course, members of the Commonwealth club also populate the other major international institutions, such as the UN General Assembly.
The Commonwealth Charter lists human rights, international peace and security, democracy, sustainable development and gender equality as among its core values. While it certainly has its limitations and baggage, if approached as an equal and voluntary association of states rather than a post-colonial toy, the Commonwealth’s vast network and sheer size can act an important network within which we can build progressive alliances and networks.
Conclusion
In this environment, the idea of Global Britain – a Britain reaching out across the world to influence events seems to be a throwback to the 1950s – an idea constructed on the fantasy of England as a seafaring nation almost entirely for the backward-looking domestic audience whose support the Government fears losing to Nigel Farage.
Instead I think we should start a grown-up discussion about the modernisation of international institutions to tackle 21st Century problems. These are inherently shared and they are not amenable to national solutions. The current framework is biased towards protecting free trade and financial investments at the expense of people and the environment.
These are the items I would put at the top of the agenda:
Building international institutions takes time and it is a shared enterprise. But we should be inspired by the example of those who went to Bretton Woods in 1944 before WWII was over. It is never too soon to begin. Let us not leave it until it’s too late.
The views expressed in this essay are those of the author and do not necessarily reflect the views or position of the Foreign Policy Centre. The essay was developed from a speech given at the In Defence of Multilateralism event with Helen Goodman MP, Lord Ricketts, Dr Marina Prentoulis and Steve Bloomfield. This was part of an occasional series exploring Britain’s role in the world and follows on from the Global Britain: Myths, Reality and Post-Brexit Foreign Policy event with Rt Hon John Whittingdale MP, Dr Judi Atkins, Dr Andrew Glencross and Henry Mance earlier this year.
Photo by Rob, published under Creative Commons with changes made.
[1] The World Bank, The World Bank in China, April 2019, https://www.worldbank.org/en/country/china/overview#1
[2] Agencies, 10 facts about BRICS, South China Morning Post, September 2017, https://www.scmp.com/news/world/article/2109490/10-facts-about-brics
[3] Human Development Reports, Human Development Data (1990-2017), UNDP, http://hdr.undp.org/en/data#
[4] The World Bank, Decline of Global Extreme Poverty Continues but Has Slowed: World Bank, September 2018, https://www.worldbank.org/en/news/press-release/2018/09/19/decline-of-global-extreme-poverty-continues-but-has-slowed-world-bank
[5] UNHCR UK, Worldwide displacement tops 70 million, UN Refugee Chief urges greater solidarity in response, June 2019, https://www.unhcr.org/uk/news/press/2019/6/5d03b22b4/worldwide-displacement-tops-70-million-un-refugee-chief-urges-greater-solidarity.html
[6] Amnesty International, Amnesty International Annual Report 2017/18, https://www.amnesty.org/en/latest/research/2018/02/annual-report-201718/
[7] Transparency International, Corruption weakens democracy, January 2019, https://www.transparency.org/news/feature/cpi_2018_global_analysis
[8] PwC, The World in 2050 – The Long View: How will the global economic order change by 2050?, https://www.pwc.com/gx/en/issues/economy/the-world-in-2050.html
[9] BBC Politics, Jeremy Corbyn: Labour leader’s speech, BBC, September 2018, https://www.bbc.co.uk/news/live/uk-politics-45653499
[10] Jess Gifkins, Samuel Jarvis and Jason Ralph, ‘Global Britain in the United Nations’ (United Nations Association-UK, 2019)
[11] Hans M. Kristensen and Matt Korda, Status of World Nuclear Forces, Federation of American scientists, May 2019, https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/
[12] Dylan Lyons, How Many People Speak English, And Where Is It Spoken?, Babbel Magazine, July 2017, https://www.babbel.com/en/magazine/how-many-people-speak-english-and-where-is-it-spoken/
[13] The Foreign Policy Centre, In Defence of Multilateralism, SoundCloud, July 2019, https://soundcloud.com/foreign-policy-centre/in-defence-of-multilateralism
[14] Commonwealth Secretariat, Fast Facts on the Commonwealth, The Commonwealth, February 2019, http://thecommonwealth.org/fastfacts
[post_title] => FPC Briefing: In Defence of Multilateralism [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => fpc-briefing-in-defence-of-multilateralism [to_ping] => [pinged] => [post_modified] => 2019-09-24 11:01:15 [post_modified_gmt] => 2019-09-24 11:01:15 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3935 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 3938 [post_author] => 38 [post_date] => 2019-07-23 16:23:43 [post_date_gmt] => 2019-07-23 16:23:43 [post_content] =>The seizure of U.K. flagged tanker Stena Imperio by the Iranian Revolutionary Guard Corps in the Strait of Hormuz in apparent retaliation for Gibraltar’s detention of Grace 1 has unsurprisingly given rise to considerable press reaction. A recurrent theme in news reports is whether the action taken by Gibraltar was legal. Some press reports suggest that the Governments of Gibraltar and the UK were lured into action by the US and have been co-opted into supporting President Trump’s desire to put further pressure on Iran’s economy by squeezing Iranian oil exports. While it may be the case that the US provided the intelligence about the movements and cargo of Grace 1, the Government of Gibraltar was quick to state that there had been “no political request at any time from any Government” to act and that the detention was made “as a direct result only of the Government having reasonable grounds to believe that the vessel was acting in breach of established EU sanctions against Syria”.[1]
So was the detention of Grace 1 legal?
There has been a suggestion that the detention was not legal because the vessel was not owned or controlled by EU persons and because the EU doesn’t impose its sanctions on others outside the Union. However, a closer look at the legislation involved shows that there was a legal basis for the detention and that the origins of that legislation were put in place as early as March this year.
First, in March 2019 Gibraltar enacted the Sanctions Act 2019. That Act provides at Article 6(1) for the automatic recognition and enforcement of ‘international sanctions’. ‘International sanctions’ is defined to include, amongst others, UN sanctions; EU sanctions; and, various restrictive measures imposed by UK.[2] It was intended, according to a newsletter published by The National Coordinator for Anti-Money Laundering and the Combatting of Terrorist Financing of the Government of Gibraltar in April 2019, to ensure that any restrictive measures imposed by both the EU and UK will have effect without the need for further implementing legislation and specifically refers to restrictive measures that may be imposed by the UK under the Sanctions and Anti-Money Laundering Act 2018 .[3]
Subsequently on the 3rd July Gibraltar published the Sanctions Regulations 2019 which specifically give power to the Chief Minister, under Article 5(3) (a), to designate a ship as a ‘Specified Ship’ and to then detain it where the Chief Minister ‘has reasonable grounds to suspect that the ship he has designated in the Notice as a Specified Ship is, has been, or is likely to be, involved in a breach of the EU Regulation…..’.[4] The EU Regulation in question is defined to be EU Regulation No. 36 of 2012 as amended (the ‘EU Syrian sanctions’) which sets out the EU’s restrictive measures against Syria.[5]
Pursuant to EU Syrian Sanctions a number of Syrian persons and entities were listed as designated including, Baniyas Refinery in Syria which was listed in 2014. The intelligence provided to the Government of Gibraltar indicated that Grace 1 was heading to Baniyas Refinery with a full cargo of oil.
The next question that arises is on what basis it can be said that the EU sanctions would have been breached where there was no obvious EU connection in terms of the vessel’s owners or flag state? The answer to that can be found in the EU Syrian sanctions which, like most EU restrictive measures, sets out their scope.
The EU Syrian sanctions apply: [6]
(a) within the territory of the Union, including its airspace;
(b) on board any aircraft or vessel under the jurisdiction of a Member State;
(c) to any natural person inside or outside the territory of the Union who is a national of a Member State;
(d) to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
(e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.
While the precise background to the detention has not been explained by the Government of Gibraltar, subsection (e) is very broad. It applies to ‘any person, entity or body’. There is no requirement here that it must be an EU person or entity. It applies ‘in respect of any business’, again this is very wide – shipment of goods is no doubt a type of business that is covered. Finally, it applies where that business is ‘done in whole or in part within the Union’ and as such, a shipment carrying goods to a designated entity would only have to pass through EU waters to be caught. Against this background, Grace 1 loaded with cargo on her way to a designated refinery in Syria would fall within EU sanctions jurisdiction once she entered EU waters.
Under the Sanctions Regulations 2019 a Specified Ship ‘must be detained if it is in BGTW (British Gibralter Territorial Waters);’ and ‘may not leave BGTW unless permitted to do so by an order of the court or where the notice designating the ship as a Specified Ship has been revoked’. It would therefore appear that there was a legal basis for the detention and the Sanctions Regulations 2019 specifically give the Government of Gibraltar power to detain vessels suspected of being involved, or likely to be involved, in breaching the EU Syrian sanctions.
The power to detain vessels given by the Gibraltarian regulations are in contrast to the usual penalties applicable for a breach of EU sanctions. Pursuant to the EU Syrian sanctions, each Member State is required to lay down the penalties that are applicable for breach of the restrictive measures which must be “effective, proportionate and dissuasive”. The penalties vary from Member State to Member State. In the UK, there is a civil penalty regime administered by the UK Treasury’s Office of Financial Sanctions Implementation (OFSI) that gives a scale of penalties of up to £1 million or 50% of the breach, whichever is higher and/or there can be criminal fines or imprisonment. There is currently no power under the UK’s (or other Member States’) Syrian sanctions implementing legislation to detain vessels, however, the UK’s Sanctions and Anti-Money Laundering Act which was passed in May 2018 gave the UK Government power to make sanctions regulations including shipping sanctions.[7] Pursuant to that Act, the UK’s Syrian (Sanctions)(EU Exit) Regulations 2019 were laid before Parliament on 5 April which will take effect after the UK leaves the EU will give power to maritime enforcement officers in certain circumstances to stop and board a ship if the officer has ‘reasonable grounds to suspect that a relevant ship is carrying prohibited goods or relevant goods’.[8]
The crew of Stena Imperio and their families will take little comfort from the fact that there appears to have been a legal basis for the detention of Grace 1. They and many others will no doubt continue to question the political decision-making that lead to the detention given the inherent risk it posed to UK shipping.
Michelle Linderman is a partner at Crowell & Moring’s International Trade Group, in the firm’s London office. An English qualified solicitor with over 20 years of experience, Michelle advises clients – such as international businesses, traders, ship owners, charterers, insurers, financial institutions, and energy companies – on U.K.-specific and cross-border sanctions, including matters that concern national and international trade and financial sanctions. Before joining Crowell & Moring, Michelle was a partner and the Global Head of Sanctions at Ince & Co’s London office. She was seconded to Ince & Co's Hong Kong office from 2001 to 2004.
[1] Rock Radio, Chief Minister’s statement to Parliament regarding Grace 1, July 2019, https://www.rockradio.gi/local/local-news/chief-ministers-statement-to-parliament-regarding-grace-1/
[2] Gibraltar Laws, Sanctions Act 2019, March 2019, https://www.gibraltarlaws.gov.gi/articles/2019-06o.pdf
[3] Newsletter of The National Coordinator for Anti-Money Laundering and the Combatting of Terrorist Financing of the Government of Gibraltar, April 2019, http://www.gfsc.gi/uploads/NCO%20Sanctions%20Act%202019%20Newsletter.pdf
[4] Gibraltar Laws, Sanctions Regulations 2019, July 2019, https://www.gibraltarlaws.gov.gi/articles/2019s131.pdf
[5] Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011, Official Journal of the European Union, https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:016:0001:0032:EN:PDF
[6] Ibid. [See Article 35]
[7] UK Government, The Syria (Sanctions) (EU Exit) Regulations 2019, http://www.legislation.gov.uk/uksi/2019/792/regulation/90/made
[8] Ibid.
[post_title] => Seizure of Stena Imperio by Iran raises questions about legality of Gibraltar’s detention of Grace 1 [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => seizure-of-stena-imperio-by-iran-raises-questions-about-legality-of-gibraltars-detention-of-grace-1 [to_ping] => [pinged] => [post_modified] => 2019-07-24 12:31:22 [post_modified_gmt] => 2019-07-24 12:31:22 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3938 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 7 [filter] => raw ) [3] => WP_Post Object ( [ID] => 3867 [post_author] => 38 [post_date] => 2019-07-12 10:15:12 [post_date_gmt] => 2019-07-12 10:15:12 [post_content] =>On June 5th 2019 in Turkmenistan’s capital Ashgabat, dozens of people lined up outside a state store where they heard there was sugar for sale.[1] Four years ago, there were no lines outside state stores. Now there are lines for almost everything, and it is worse outside the capital.
The folly of depending on exports of natural gas for revenues is evident now in Turkmenistan, though it has not stopped the government from its profligate spending on projects that seem to be of little, if any, value to the people of the country. The people of Turkmenistan increasingly bear the burden of trying to keep the regime of President Gurbanguly Berdimuhamedov financially afloat, awhile they live through the worst period in Turkmenistan’s nearly 28 years as an independent country. Alongside the decreases in the standards of living, Turkmenistan’s people face increases in restrictions.
The price of natural gas in 2014 averaged about US $350 per 1,000 cubic metres. By 2016, the price was closer to US $200. Turkmenistan’s system is opaque and such figures, which the state provides, are often suspect. It is believed between 70 and 80 per cent of Turkmenistan’s revenue comes from the sale of natural gas. Turkmenistan lost Russia as a customer at the start of 2016, and Iran as a customer at the start of 2017, leaving China as the only country currently purchasing any large volumes of Turkmen gas.
Toward the end of 2016, information started leaking out of Turkmenistan, suggesting shortages of basic food items in some areas of the country. In September 2016, in the northern Dashoguz Province there was a shortage of flour. Of nine districts in the province, only one (Gorogly district) had flour and that was at the flour mill.[2] More than one million people live in Dashoguz Province, some residing 200 kilometres from the Gorogly district. One Dashoguz resident said the line outside the flour plant was “so long it can take three to five days. People sleep in front of the mill“.[3] There was a limit of one 50-kilogram sack of flour per family, but the price at the mill was about 50 manat (a bit more than US $14) while the other option, flour from neighbouring Kazakhstan, cost 190 manat (more than US $50). By December, there were reports many state stores in Dashoguz were short of sugar and cooking oil. People wishing to purchase such items often had to put their names on waiting lists, and the wait could be as long as four to five weeks.[4]
In December 2017, high quality flour had practically disappeared from many parts of Turkmenistan. In Ashgabat, and in the Mary and Lebap provinces, the price had reportedly risen from 50 manat per sack of flour to 100 manat.[5] In February 2018, people seeking to purchase bread in Dashoguz were reportedly required to prove they had paid their gas and electric bills.[6] By the end of that month flour was being rationed to one five-kilogram sack per customer in Dashoguz. In Mary Province flour was limited to one sack (still 50 kilograms) per family and it had to be pre-ordered.[7] Even in Ashgabat, there was a limit of one one-kilogram bag of flour and a half kilogram of sugar per customer. It had previously been five kilograms of flour and one kilogram of sugar per customer.[8] In November 2018, the Hronika Turkmenistana website posted a video, said to be filmed in Ashgabat, showing people waiting for a bread truck to arrive at the local state store and being limited to no more than two loaves of bread (the flat bread that Turkmen call ‘chorek’).[9] Despite a report from a television channel in Kazakhstan that said Turkmenistan had imported some 100,000 tons of grain from Kazakhstan.[10]
Goods such as sugar, flour, and cooking oil are available at private stores and at bazaars, but the price can be anywhere from three to 10 times what it would be at a state store, so many people chose to wait. There were reports in October 2018 that people from the regions were coming to Ashgabat hoping to buy bread, flour, and cooking oil and that police were stopping and inspecting cars with license plates from the regions looking for food. Those caught taking food out of Ashgabat were fined.[11] It became increasingly difficult to enter Ashgabat. By February 2019, vehicles from the regions were forced to halt anywhere from five to 25 kilometres outside Ashgabat’s city limits.[12]
Money, actual cash, is in short supply in Turkmenistan. The government attempted to make Turkmenistan a cashless country by issuing bank cards to citizens and directly depositing salaries, pensions, and other social benefit payments into bank accounts. But many stores still do not have the necessary machines to accept card payments. Bazaars certainly are not set up for accepting bank cards. So, people take money out of automated teller machines (ATMs). These ATMs are not regularly stocked with cash, especially in the regions. When an ATM is replenished, word quickly spreads and lines form, everybody hoping the machine will still have cash when their turn comes to make a withdrawal. Security forces and police often watch lines outsides banks now since scuffles have broken out in lines and, on occasions, people have complained loudly about the government and the president.[13] Even when there is money, there are limits as to the amount of cash that can be withdrawn. Exchange bureaus in Turkmenistan stopped selling hard foreign currency in January 2016.[14] The rate of the manat on the black market at that time was between 4 to 4.2 manat to US $1. The official rate was and remains 3.5 manat to U.S. $1, but as of the start of June 2019, the black market rate is between 18.5 to 19 manat to US $1.
Unemployment is high. Turkmen authorities have never released figures for unemployment, but it is estimated 60 to 70 per cent of the eligible workforce is unemployed or underemployed. The last four years have seen layoffs in almost every sector of the country, from state employees to workers in the key gas and oil industry.
Turkmen authorities have gradually tightened restrictions for those wishing to fly out of Turkmenistan. In April 2018, there were reports authorities at the Ashgabat airport, the only airport in Turkmenistan with international flights, were preventing people under 30 years of age from boarding international flights.[15] By late June 2018, the age restriction had reportedly increased to people under 40.[16]
Women’s rights have diminished since 2016. In October 2016, women were forbidden from buying cigarettes. This restriction was eased into force in Turkmenbashi City so only women with notes from doctors saying they were addicted to tobacco could purchase cigarettes.[17] In May 2018, a dress code was introduced for non-Turkmen women in Ashgabat, obligating them to wear traditional long Turkmen dresses. Later a ban on miniskirts was introduced.[18] In February 2019, there were reports police in Ashgabat were confiscating drivers’ licenses from women.[19] And in June 2019, there was a report authorities were refusing to renew the expired drivers’ licenses of women.[20]
Students studying abroad are required to return to Turkmenistan during school breaks. Also, when they are studying abroad students from Turkmenistan have limited access to funding from home. In July 2017, parents back in Turkmenistan were limited to sending only 1,050 manat (US $300 at the official rate) per month through Western Union.[21] Some Turkmen students in Belarus, Russia, Turkey, Kazakhstan, and Tajikistan were forced to withdraw from universities because they did not receive money in time to pay tuition.[22]
Allotments of water, gas, and electricity that the government has provided for free to the population since shortly after independence, were reduced starting in 2017, then totally canceled at the start of 2019. Residents were expected to pay for the installation of metres to measure their household usage of gas and water. The cost of sending children to kindergarten has also increased. In October 2017, the cost of kindergarten in Dashoguz increased from eight to 80 manat per month, with increases across Turkmenistan.[23] A group of outraged mothers went to the city administration building to complain, an act that just a few years ago would have been unthinkable. The special police unit OMON was called to the scene. The deputy head of municipal education came out and told the women he could not do anything for them, and recommended they take their concerns to the mayor’s office, which they did. Later the same day, the deputy education head was arrested and charged with calling for an overthrow of the government.[24]
To listen to Berdimuhamedov and state media, one would get the impression Turkmenistan was a paradise, the envy of countries around the world. Despite a deepening economic crisis with the accompanying shortages affecting the country’s people so much, Turkmen authorities continued spending money on projects of questionable benefit.
In December 2010, Turkmenistan was chosen to host the 2017 Asian Indoor Martial Arts Games (AIMAG). When Turkmenistan was selected as the AIMAG host, the country was exporting gas to Russia, Iran, and had just completed two (of four planned) gas pipelines to China. Gas prices were rising on global markets. By 2015, gas was half the 2010 price. Authorities had approved construction of a US $2.3 billion airport outside Ashgabat for AIMAG. The cost of construction for the AIMAG facilities, including a circular five-kilometre monorail system, was estimated at more than US $5 billion. As gas revenues fell, the government started garnishing workers’ wages as ‘voluntary donations’ for AIMAG.[25] Non-residents of Ashgabat, many of whom had been there to help build the AIMAG facilities, were chased from Ashgabat before the games opened on September 17th, 2017. Thousands of citizens were organised as volunteers to help with AIMAG or as spectators to keep event halls full so that media coverage, especially foreign media, showed images of packed stadiums and indoor gyms.
20 days after AIMAG ended, Turkmenistan’s first golf course opened in Ashgabat, despite the fact few in Turkmenistan know anything about the game, and Turkmenistan is nearly 90 per cent covered by desert, so water is scarce. In May 2018, the Caspian port in Turkmenbashi City reopened after US $1.5 billion in renovation and modernization work. In July 2018, Turkmen authorities announced the completion of a 170-hectare artificial island in the shape of a crescent off Turkmenistan’s Caspian coast.[26]
When state media is not boasting about these achievements, it often covers President Berdimuhamedov’s exploits. Berdimuhamedov claims to have authored more than 40 books on topics ranging from tea to the native Akhal Teke horse, as well as books such as ‘Arkadag’s Doctrine. The basis for health and inspiration.’ State television shows Berdimuhamedov riding bicycles, horses, lifting weights, playing guitar or piano, singing songs, etc., sometimes with his grandsons. Among state television’s recent favourites are clips showing the president twisting and turning expensive automobiles around racetracks and in the desert, or dressing in military fatigues to participate in military drills, and sometimes demonstrating how to fire weapons and throw knives.[27]
Small wonder some of Turkmenistan’s citizens
have chosen to leave the country. According to a recent report, some 1.9
million people, more than one-third of Turkmenistan’s population, might have
already left in the last decade.[28]
It is difficult to know if this is true. Turkmenistan never released the
results of its last census in 2009. But it is known that many thousands of
Turkmenistan’s citizens have left for Turkey, Cyprus, Russia, and other
countries looking for work and they have not returned to Turkmenistan.
[1] Radio Azatlyk, В Ашхабаде продолжается дефицит продуктов, сохраняются очереди за сахаром (The deficit of products continues in Ashgabat, the lines for sugar are still there), Radio Free Europe/Radio Liberty, June 2019, https://rus.azathabar.com/a/29982598.html
[2] Qishloq Ovozi, Turkmenistan’s Reality: Unpaid Wages And Shortages Of Food, RFE/RL, September 2016, https://www.rferl.org/a/turkmenistan-reality-unpaid-wages-food-shortages/28016347.html
[3] Ibid.
[4] Qishloq Ovozi, On The Waiting List For Sugar, Cooking Oil In Turkmenistan, RFE/RL, December 2016, https://www.rferl.org/a/qishloq-ovozi-waiting-list-for-sugar-cooking-oil/28154447.html
[5] Radio Azatlyk, В Туркменистане наблюдается дефицит муки (Turkmenistan is witnessing a flour shortage), RFE/RL, December 2017, https://rus.azattyq.org/a/28894201.html
[6] Radio Azatlyk, В Туркменистане для покупки муки требуют справку об отсутствии задолжности за газ и электричество (To purchase bread in Turkmenistan one must bring a form showing they have no debts for gas and electricity), RFE/RL, February 2018, https://rus.azathabar.com/a/29043406.html
[7] Radio Azatlyk, В Дашогузе на одного взрослого члена семьи можно купить 5 килограмм муки, а в Мары нужно отстоять долгую очередь (In Dashoguz one adult family member can purchase 5 kilogram of flour, and in Mary one must wait in long lines), RFE/RL, February 2018, https://rus.azathabar.com/a/29063701.html
[8] Туркменистан: Продовольственный кризис добрался до столицы (Food crisis reaches the capital), Turkmen.news (formerly the Alternative News of Turkmenistan), March 2018, https://habartm.org/archives/8729
[9] В Ашхабаде по-прежнему наблюдаются очереди за хлебом (As previously, there are queues in Ashgabat for bread), Hronika Turkmenistana, November 2018, https://www.hronikatm.com/2018/11/v-ashhabade-po-prezhnemu-nablyudayutsya-ocheredi-za-hlebom/
[10] Казахстан отправил на экспорт более 5 млн тонн зерна (Kazakhstan exported more than 5 million tonnes of grain), Khabar 24 TV, September 2018, https://24.kz/ru/news/economyc/item/264623-kazakhstan-otpravil-na-eksport-bolee-5-mln-tonn-zerna
[11] Полицейские штрафуют водителей за вывоз продуктов из Ашхабада в регионы (Police are fining drivers for taking food from Ashgabat to the regions), Hronika Turkmenistana, October 2018, https://www.hronikatm.com/2018/10/politseyskie-shtrafuyut-voditeley-za-vyivoz-produktov-iz-ashhabada-v-regionyi/
[12] В Ашхабад по-прежнему не пропускают машины из регионов (They are still not allowing vehicles from regions into Ashgabat), Hronika Turkmenistana, February 2019, https://www.hronikatm.com/2019/02/ashhabad-po-prezhnemu-zakryt-dlya-inogorodnego-transporta/
[13] Qishloq Ovozi, The Sights And Sounds Of Discontent In Turkmenistan, RFE/RL, October 2018, https://www.rferl.org/a/the-sights-and-sounds-of-discontent-in-turkmenistan/29555377.html
[14] Olzhas Auyezov, Turkmenistan exchange bureaus stop selling foreign currency, Reuters, January 2016, https://www.reuters.com/article/turkmenistan-forex/turkmenistan-exchange-bureaus-stop-selling-foreign-currency-idUSL8N14W2XY20160112
[15] В Туркменистане с международных рейсов снимают молодых людей (Young people are being taken off international flights in Turkmenistan), Hronika Turkmenistana, April 2018, https://www.hronikatm.com/2018/04/v-turkmenistane-s-mezhdunarodnyih-reysov-snimayut-molodyih-lyudey/
[16] Radio Azatlyk, Из Туркменистана не выпускают граждан моложе 40 лет (They are not allowing people under 40 to leave Turkmenistan), RFE/RL, June 2018, https://rus.azathabar.com/a/29323179.html
[17] Туркменбаши: Женщинам продают сигареты по справке из наркологии (Turkmenbashi: Cigarettes are sold to women if they have a note from narcology), Alternative News of Turkmenistan, January 2017, https://habartm.org/archives/6282
[18] Radio Azatlyk, В Ашхабаде от женщин не туркменской национальности требуют носить длинные платья. (In Ashgabat women who are not of Turkmen nationality are required to wear long dresses), RFE/RL, May 2018, https://rus.azathabar.com/a/29261043.html
[19] Radio Azatlyk, Ашхабадская полиция отбирает водительские права у женщин (Ashgabat police confiscating drivers’ licenses from women), RFE/RL, February 2019, https://rus.azathabar.com/a/29776458.html
[20] Radio Azatlyk, В Туркменистане женщинам не продлевают водительские удостоверения (They are not prolonging drivers’ licenses for women), RFE/RL, June 2019, https://rus.azathabar.com/a/29978517.html
[21] В Туркменистане выстраиваются очереди из желающих перевести деньги за рубеж (In Turkmenistan lines are forming for those wishing to send money abroad), Hronika Turkmenistana, July 2017, http://www.chrono-tm.org/2017/07/v-turkmenistane-vyistraivayutsya-ogromnyie-ocheredi-iz-zhelayushhih-perevesti-dengi-za-rubezh-2/
[22] Azatlyk, Родители студентов, отчисленных из-за неуплаты по вине туркменских банков, не могут вернуть свои деньги (Parents of students who were expelled for not paying tuition because of Turkmen banks cannot get their money back), RFE/RL, July 2018, https://rus.azathabar.com/a/29360779.html
[23] Radio Azatlyk, В Дашогузе 10-кратное увеличение оплаты детсада вызвало стихийную акцию протеста. (A 10-time increase in the cost for kindergarten sparks spontaneous action), RFE/RL, October 2017, https://rus.azathabar.com/a/28791955.html
[24] Radio Azatlyk, После протеста против повышения оплаты детского сада чиновника в Дашогузе обвиняют в «призыве к восстанию против власти» (After the protest against the increase in fees for kindergarten, an official is charged with “calling for the overthrow of the government”), RFE/RL, October 2017, https://rus.azathabar.com/a/28802325.html
[25] Qishloq Ovozi, Milking Turkmenistan's People To Pay For The Games, RFE/RL, March 2017, https://www.rferl.org/a/qishloq-ovozi-milking-turkmen-people-pay-for-games/28403657.html
[26] Turkmenistan creates artificial island near Caspian coast, Trend, July 2018, https://www.azernews.az/region/134953.html
[27] Президент Туркменистана принял участие в военных учениях (The president of Turkmenistan took part in military exercises), Hronika Turkmenistana, August 2017, https://www.youtube.com/watch?v=OtLxYyf8K8I
[28] Radio Azatlyk, Источник: За 10 лет из Туркменистана выехало почти 1,9 миллиона человек (Source: During the last 10 years almost 1.9 million people have left Turkmenistan), RFE/RL, May 2019, https://rus.azathabar.com/a/29969698.html
[post_title] => Food lines in a land of marble [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => food-lines-in-a-land-of-marble [to_ping] => [pinged] => [post_modified] => 2019-07-14 15:26:04 [post_modified_gmt] => 2019-07-14 15:26:04 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3867 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 8 [filter] => raw ) [4] => WP_Post Object ( [ID] => 3872 [post_author] => 38 [post_date] => 2019-07-12 10:10:06 [post_date_gmt] => 2019-07-12 10:10:06 [post_content] =>Turkmenistan is a complex and opaque destination for investment. The business climate is characterised by structural economic problems and general economic mismanagement, with the prioritisation of vanity projects over core investment and a near-total absence of checks and balances on presidential decision-making. This facilitates endemic corruption and the influence of opaque but powerful vested interests over all aspects of the economy and business environment.
All talk
Turkmenistan’s economy has undergone few structural reforms since independence from the Soviet Union in the early 1990s. It retains key hallmarks of the post-Soviet economy, remaining overwhelmingly dependent on the oil and gas sector for growth. The Turkmenistan authorities regularly express their desire to drive economic growth and diversification through foreign investment. Since the economic slowdown began in late 2014, President Gurbanguly Berdimuhamedov has courted multiple countries, especially a number of Middle East and Gulf states, with offers of economic co-operation.
However, such statements can mostly and fairly be assessed as hollow platitudes. The vast majority of the economy remains firmly in the hands of either the state, or those of opaque companies that are largely understood to trace their beneficial ownership back to prominent politically connected figures. While there is almost never a paper trail to confirm such links, investigative journalists, and due diligence enquiries into Turkmenistani entities, routinely find indications among human sources close to the relevant sectors of companies’ beneficial ownership tracing back to prominent individuals, often in the president’s family.[1] There is a distinct lack of will at the highest political level to facilitate foreign investment in an indiscriminate manner, given the competition that this is perceived to pose to the carefully controlled division of state assets and economic sectors among a select few people close to the political centre.
This aversion to opening up the economy is evidenced by the fact that the period since the downturn that began in late 2014 has been accompanied by no improvement in the multitude of informal barriers to existing and new investment activity. The major structural impediments to a transparent, fair and competitive business environment remain firmly in place.
Protectionist instincts
There are relatively few formal barriers to foreign investment activity. However, those that exist markedly affect the country’s most prominent and attractive sector for overseas investment activity, oil and gas. Turkmenistan’s long-standing policy of granting only service contracts to foreign companies for major onshore gas projects is the main example of this approach. More commercially attractive production-sharing agreements (PSAs) are almost always granted only for offshore field development. The only company to have secured an onshore PSA for a major gas field (in 2007) is the state-owned Chinese company China National Petroleum Corporation (CNPC). Two European companies have PSAs for onshore oil fields, but these are minor reserves in the country’s west and represent an anomaly in the broader policy of not granting such contracts.
The authorities have made no move whatsoever towards relaxing these restrictions in the past few years, despite the fact that it is probably the most obvious way to drive fresh investment and counter the lost revenue from the economic slowdown and loss of key gas export contracts (with the loss of Russia and Iran as customers) since 2015. Instead, the authorities when facing increasing pressure on budget revenues and macro-economic stability show a tendency towards reinforcing protectionist instincts.
Vested interests and informal requirements create risks for investors
The handful of laws that set out the terms under which foreign companies can enter into joint ventures with the state are relatively clear and well drafted. However, the top-down nature of decision-making means that legislation generally is enacted without consultation or any formal parliamentary oversight. Its enforcement is highly irregular, and a range of informal practices trump legal provisions.
Perhaps the best example of this is the enormous informal power understood to be wielded by an opaque body known as the Union of Industrialists and Entrepreneurs (UIE). Lawyers in the country firmly attest to the absence of any legal requirement for prospective investors to be members of – or to liaise with – the UIE to secure investment in the country, and a review of the law confirms no such requirement.
However, sources on the ground and information from foreign businesses who have approached the Turkmenistan market strongly suggests that membership of the UIE and co-ordination of prospective investment activities with its chair, the influential local businessman Alexander Dadayev, is seen as a de facto requirement in order to gain access to certain contracts or state loans, especially any state tenders. This arrangement allows Dadayev, who is understood to be close to the government and president, to control which foreign entities gain access to the economy, and to exclude them where the authorities wish to reward locally connected companies with contracts or commercial opportunities.
Corruption
Both high-level and low-level corruption are pervasive and endemic. They are likely to touch domestic and foreign business alike. The scale of the perceived extent of bribery and graft is captured in Transparency International’s (TI) Corruption Perceptions Index. Turkmenistan is consistently among the worst performing nations surveyed by TI globally, and the worst performing of all the former Soviet states. It has scored between 18 and 20 points since 2015, where 100 points signifies a ‘very clean’ country and 1 a ‘very corrupt’ one. Ranked against 179 other countries in 2018, Turkmenistan came 161st (where first is the country perceived to be the least corrupt).[2] These consistently poor scores highlight the entrenched nature of both high-level and low-level corruption over many years.
What does this mean for business activity? At the higher level, family ties and political loyalty are the main factors that determine the awarding of contracts. Traditionally privilege and access to commercial opportunities extended to a group of people around the president, appointed to cabinet and other senior state positions, most of whom are not direct relatives of the president. In recent years there are growing indications that Berdimuhamedov’s family are now increasingly in control of many key sectors, and that the elite circle enjoying dividends from the country’s industry is narrowing.[3] In such a climate, foreign businesses without their own nepotistic ties to prominent figures face little chance of securing a contract, regardless of their objective value to the economy or ability to service a requirement.
At a lower level, companies are likely to find that officials – even up to ministerial level – expect bribes or favours (such as employing their relatives) in return for progress with administrative decisions or the issuing of licences.
The government made much of a new anti-corruption campaign in 2017 and 2018. However, this served primarily as a smoke screen for politically motivated prosecutions. Corruption among senior officials is likely to be overlooked; those high-profile corruption-related investigations and dismissals that do take place are likely to target individuals who have fallen out of favour with the president. The president’s dismissal in 2017 of the Prosecutor General on corruption charges, alongside public reprimands of the Minister of Interior and other officials on charges of failing to investigate and punish bribe solicitation, are examples of this. Radio Free Europe/Radio Liberty’s Turkmen service reported that anonymous sources had informed it that those individuals had been targeted because the president was frustrated with their failure to attract funds for the Asian Indoor and Martial Arts Games (AIMAG), being hosted in the capital, Ashgabat, later that year. The same sources reported that a number of local businesses people were also arrested after failing to pay informal contributions to the government towards the games.[4] Lower-level officials are prosecuted largely at random, probably by regional officials eager to please the president.
There is limited prospect of these challenges receding in the next year. Persistent economic difficulties increase the government’s willingness to employ improper tactics to raise budget revenues. Furthermore, endemic corruption is bound up in the highly centralised and authoritarian political system which relies on graft and nepotism. Without some liberalisation of the political environment – of which there is no sign – meaningful efforts to tackle corruption are highly unlikely.
Restrictions on currency flows
The economic slowdown has increased the prevalence of capital controls, as the authorities seek to control the movement of currency – both foreign and domestic – in and out the country amid cash flow shortages. These shortages reflect a combination of a reduction in foreign currency revenue linked to the loss of a number of important gas export contracts, and general mismanagement of the banking sector. The restrictions directly affect investors seeking to repatriate profits or move capital. Progressively more onerous capital controls have been introduced since 2015. There is a limit on the amount of US dollars that can be purchased each month and a waiting list system for foreign-currency transactions. There are ongoing restrictions on obtaining Western Union wire transfers. In 2017 and 2018, there were reports of limits on the volume of foreign currency that businesses could convert. The authorities’ failure to communicate or acknowledge publicly any of these restrictions exacerbates the difficulties they pose to business operations.
Lack of contract sanctity
There is a persistent, high threat of contract repudiation by the government in dealings with foreign companies. For telecoms companies, for example, this has manifested in the government suspending licences, increasing the state’s share of profits, or simply shutting down infrastructure.[5] A number of Turkish companies have also seen their assets shut down or expropriated in recent years, even while in possession of necessary licences, and without any due process or compensation.
An associated risk is non-payment, driven by the same systemic and economic problems. There are numerous reported examples of this risk. For example, a Turkish construction company in October 2018 filed a claim with the International Centre for Settlement of Investment Disputes (ICSID) following the authorities’ failure to pay for residential and school building work that the company had performed, while a German company the same month filed a claim over the lack of payment for the construction of grain elevators.[6] International law firm CIS Debt Recovery Solutions in December 2017 told an independent Turkmenistan news outlet that Turkmenistan’s state-owned oil and gas sector was defaulting on its debt, including on US $8.5 million owed to one client for equipment supplied three years earlier.[7]
Lack of recourse to domestic justice
A lack of recourse to justice within Turkmenistan compounds these problems. The judiciary does not uphold contract sanctity. Judges are subject to pressure and direction from the executive, and are likely to rule in favour of the government rather than a foreign entity in almost all instances. Furthermore, limited understanding of commercial law undermines their ability to properly judge a commercial dispute.
Personnel turnover
Strong personal relationships with influential officials are all but essential in order to engage in business activity in Turkmenistan. However, forming such relationships is significantly complicated by the high degree of turnover in personnel. The president regularly uses government ministries, ministers and agencies as scapegoats for setbacks in the economy or in specific sectors. This tactic typically involves a ministry undergoing a large reshuffle. Rather than improving performance at the ministry in question or driving accountability, personnel changes of this kind serve primarily to deflect attention from the president for the industry’s poor performance. Where ministers are being used as scapegoats, they are typically simply moved into less prominent positions. Only in the rare cases where they have launched a challenge to the president in some form are they likely to be removed entirely from the senior political and public administration scene.
Furthermore, identifying the relevant department or official responsible for an industry or regulatory regime, obtaining information and maintaining regular contact are all labour-intensive tasks. Government officials are unlikely to provide transparent or consistent reasons for decisions. Officials are frequently reshuffled, and there is little sense of continuity of office; a new minister is liable to scrap deals signed by a predecessor, if only to obtain bribes for replacements. Furthermore, many officials do not have the requisite training, and delays are as likely to arise from incompetence and paralysis in the decision-making process as from corruption.
Rising reputational concerns
Pervasive human rights abuses and the lack of any genuine democratic competition create considerable reputational threats that businesses engaging in Turkmenistan should bear in mind.
Berdimuhamedov’s personality cult, state-funded vanity projects and the country’s poor human rights record have gained more international attention since 2015. The US $7.3 billion Asian and Indoor Martial Arts Games hosted in Ashgabat in September 2017, though intended as a positive advert for the country, increased international awareness and scrutiny of the restrictive political environment and the president’s flamboyant, eccentric behaviour.
There are also sector-specific threats linked to child labour. The cotton industry is a particular source of reputational threat. The Cotton Campaign, which brings together business associations, companies and NGO groups, has long contended that all cotton production in Turkmenistan involves forced labour. Specifically, cotton farmers must meet state-dictated production quotas under threat of penalty, while state employees are forced to harvest the crop. The Responsible Sourcing Network NGO in June 2018 launched a campaign to encourage an organised boycott of Turkmenistani cotton, similar to a boycott in place against cotton from neighbouring Uzbekistan.[8] 66 companies had signed up to the boycott as of May 2019. Turkmenistan’s cotton is likely to be in the spotlight increasingly over the next two years as Western governments’ attention to supply chain risk continues to grow.
Conclusion
In sum, Turkmenistan presents a
challenging environment for international businesses. Most of these challenges
directly stem from the highly controlled political environment and the
predominance of informal approaches to regulation and economic decision-making,
features of the landscape that show little sign of lessening in the years ahead.
Photo by Kalpak Travel, published under Creative Commons with no changes made.
[1] Freedom House’s 2017 and 2018 Nations in Transit reports on Turkmenistan summarise findings by investigative journalists at the Vienna-based Chronicles of Turkmenistan and Turkmen Yurt TV news outlets that the president’s family controls various sectors of the economy. His nephews, for example, are cited as controlling financial operations, a shopping mall, and Turkmen telecom, the monopoly communications provider, Freedom House, https://freedomhouse.org/report/nations-transit/2018/turkmenistan; https://freedomhouse.org/report/nations-transit/2017/turkmenistan
[2] Transparency International, Corruption Perceptions Index 2018, https://www.transparency.org/cpi2018
[3] Ibid.
[4] Radio Azatlyk, Генпрокурор Халлыев был уволен за невыполнение указа президента собрать деньги на Азиаду (Prosecutor General Khallyev was dismissed for failure to comply with the presidential decree to raise money for the Asian Games), RFE/RL, May 2017, https://rus.azathabar.com/a/prosecutor-fired-for-not-collecting-money-for-Asian-games/28478272.html
[5] Ad hoc notice by MTS telecoms, July 2018, http://ir.mts.ru/default.aspx?SectionId=5cc5ecae-6c48-4521-a1ad-480e593e4835&LanguageId=1&PressReleaseId=fcc76523-67c3-4438-a430-1a28dc390d44
[6] SECE İnşaat ve Ticaret A.Ş. v. Turkmenistan (ICSID Case No. ARB/18/34), International Centre for Settlement of Investment Disputes (ICSID), October 2018, https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB%2f18%2f34; Dirk Herzig as Insolvency Administrator over the Assets of Unionmatex Industrieanlagen GmbH v. Turkmenistan (ICSID Case No. ARB/18/35), ICSID, October 2018, https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB%2f18%2f35
[7] Alternative News of Turkmenistan, “В связи с временными трудностями”. ГК “Туркменнефть” 4 года не выплачивает долг в $8,5 млн (“Due to temporary difficulties.” GC “Turkmenneft” 4 years does not pay the debt of $8.5 million), November 2017, https://habartm.org/archives/8016
[8] Responsible Sourcing Network, The Problem with Turkmen Cotton, May 2019, https://www.sourcingnetwork.org/turkmen-cotton-pledge
[post_title] => A complex and opaque destination for investment [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => a-complex-and-opaque-destination-for-investment [to_ping] => [pinged] => [post_modified] => 2019-09-24 11:09:34 [post_modified_gmt] => 2019-09-24 11:09:34 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3872 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 2 [filter] => raw ) [5] => WP_Post Object ( [ID] => 3876 [post_author] => 38 [post_date] => 2019-07-12 10:05:22 [post_date_gmt] => 2019-07-12 10:05:22 [post_content] =>On 23rd February 2018, the leaders of Turkmenistan and Afghanistan, alongside top government representatives from Pakistan and India, gathered in Herat to inaugurate the Afghan sector of the Turkmenistan-Afghanistan-Pakistan-India [TAPI] natural gas pipeline.[1] This large-scale infrastructure project, to be powered exclusively by Turkmenistan’s reserves, pursued the establishment and eventual integration of a substantive natural gas market connecting partners across the Central/South Asia divide.[2] The advancement of construction works in the pipeline’s Turkmen sector, announced with propagandistic pomp by Turkmenistan’s official media, represented the event that led members from the four governments to meet in Herat to celebrate the opening of a new phase for this project.[3]
TAPI offers a very telling microcosm to analyse Turkmenistan’s idiosyncratic external relations and their uneasy relationship with the energy policy pursued by the regime headed by Gurbanguly Berdimuhamedov. To date, there is no confirmation that the works in the pipeline’s Turkmen sector have actually started, and no photographic evidence of their advancement can be found; more widely, there is no definitive information on the consortium’s financial viability and profit structure. TAPI is nevertheless presented as a top foreign policy priority by the Turkmen government, which persistently argues about the project’s centrality vis-à-vis Turkmenistan’s energy policy framework.[4] As the Turkmen economy continues to be dominated by the gas sector—which accounted in 2014 for 35 per cent of Turkmenistan’s GDP, 90 per cent of total exports, and 80 per cent of fiscal revenues—the promotion of Turkmenistan’s energy policy agenda has to be seen as a vital component in the viability of the Turkmen economy at large.[5] The virtual nature of TAPI’s progress, in this sense, points to the crystallisation of a fundamental inconsistency within the mechanisms whereby the Turkmen regime endeavours to translate its statements into actual policy.
This short essay intends to unveil some of the idiosyncrasies that regulate the foreign policy/energy policy nexus in Turkmenistan, arguing that Berdimuhamedov’s perpetuation of rentier economics in Turkmenistan has constrained foreign policy-making to the goal of merely achieving security of energy demand.[6] Turkmen diplomacy became in this sense instrumental to the identification, construction and opening of export routes, with energy infrastructure development emerging as the central international concern of the Turkmen state. The placement of energy policy at the epicentre of the survival agenda of the elites in Ashgabat instigated in turn two destabilising mechanisms, which will be investigated in conjunction here: the enhancement of Turkmenistan’s international isolation on the one hand, and the progressive increase of energy insecurity across the Turkmen territory on the other.
From Gazprom to CNPC: Turkmenistan’s gas trade between two monopolies
Protracted infrastructural dependency on the centre of the Union of Soviet Socialist Republics (USSR) represented one of the most draining economic legacies that the Soviet dissolution bequeathed to independent Turkmenistan. Independence transformed intra-Union trade into a matter of international affairs: while it presented on the one hand Turkmenistan with a revenue bonanza through the adjustment of Soviet commodity prices to international standards, it continued on the other to enforce Russia’s transit monopoly over the commercialisation of Turkmen gas.[7] Throughout the long presidency of Saparmurat A. Niyazov, who ruled from independence until his sudden death in December 2006, Turkmen gas trade was predominantly conducted through the Central Asia-Centre pipeline, built in the Soviet era to integrate Central Asian gas reserves into the pipeline network of the Ukraine SSR and, most importantly, the Russian Soviet Federative Socialist Republic (RSFSR). The opening of two short pipelines connecting Turkmen fields with Iran—regulated by a wider gas-swap deal—could dilute only in part Gazprom’s control over the terms of Turkmenistan’s gas trade.[8] As part of policies seeking to establish and maintain a relationship of controlled political and economic disentanglement from Russia, the reduction of this transit monopoly represented a key objective pursued by Turkmen diplomacy after the adoption, in December 1995, of a UN-recognised neutral foreign policy course.[9] At domestic level, however, the Niyazov regime ignored the entrenchment of a further dependency, namely that which predicated Turkmenistan’s economy viability on the availability of natural gas revenues. Throughout the 1990s and until the death of Turkmenistan’s first president, the regime in Ashgabat failed to introduce any meaningful reform to domestic production structures, cementing even further the rentier nature of Turkmenistan’s post-Soviet economy.
The early Berdimuhamedov era saw the operationalisation of a major natural gas pipeline connecting the Bagtyýarlyk contract area in eastern Turkmenistan with the Xinjiang Uygur Autonomous Region in western China, and then onto the Chinese gas pipeline network. There are two immediate features that identify the completion of this pipeline—entered into line in December 2009—as an important watershed in the development of Eurasian gas trade. To begin with, the Central Asia-China pipeline has to be seen as the first large-scale infrastructural project completed in the post-Soviet era that challenged Gazprom’s monopoly over the transit of Eurasian gas.[10] Secondly, its ownership structure, in which China National Petroleum Company (CNPC) acquired upstream stakes in the Bagtyýarlyk contract area, innovated on the Turkmen energy practice inasmuch as it allowed, for the first time since independence, the participation of a foreign energy company in the development of Turkmenistan’s onshore gas reserves.[11]
In the medium-term, however, the entry into line of this pipeline substituted Turkmenistan’s over-reliance on Russian gas purchases with an even more damaging dependency framework, wherein gas trade with China rose to become the single most important entry in the whole Turkmen stage budget. Gazprom’s withdrawal from the Central Asian gas market—underpinned by ongoing price disputes with local partners and, most importantly, the rise of China as a key customer for the Russian company—and the periodic instability that characterised its energy ties with Iran, left China as Turkmenistan’s de facto only gas customer. The consistently monopsonistic nature of Turkmenistan’s natural gas trade is captured graphically by the following figure, which illustrates the transition from nearly total dependency on Russian purchases (87.2 per cent of overall quotas traded in 2009) to reliance on energy commerce with China, which amounted to a staggering 94.6 per cent of total gas traded by Turkmenistan in 2018.[12]

The unsustainability of the commercial outlook evidenced in the figure becomes even more apparent when considering the legislative framework regulating Sino-Turkmen gas trade. As part of the produce-or-pay agreement finalised in the late 2000s, Turkmenistan was committed to direct to China increasingly substantive gas quotas at heavily discounted prices, in order to repay the US$10 billion debt it contracted during the construction works of the Central Asia-China pipeline.[13] The figure suggests that gas trade with China increased ten times in absolute size between 2010 and 2018, while total volumes of gas exported by Turkmenistan decreased rather significantly throughout the same timeframe. In this context, Turkmenistan economic viability became the function of its trade with China.
The logic of debt repayment, as a consequence, pushed the Turkmen economy on the brink of collapse, as confirmed by media reports of periodic eruption of food insecurity across the Turkmen territory, the continuous restructure of the Turkmen public sector and, most importantly, the termination of the generous system of state subsidies in place since the Niyazov era.[14]
A combination of short-term (allow onshore exploration rights to foreign companies) or longer-term (economic diversification away from hydrocarbons) measures is required to alter Turkmenistan’s current economic predicament. However, the Berdimuhamedov regime is refusing to even consider these alternatives: Turkmenistan’s crisis can in this sense be addressed through unimaginative solutions, which all connect to one economic mantra: selling more gas through more export routes.
TCGP and TAPI: The future of Turkmenistan’s gas exports between myth and reality
As the Berdimuhamedov regime proved to be impervious to the logic of economic opening intrinsic to globalisation and, most notably, continued to manage in absolutely not transparent fashion its revenues flows—the Turkmen government has not established a sovereign wealth fund to administer the capital derived from energy exports—the rudimentary version of rentier economics crystallised in Turkmenistan proved essential to ensure regime stability at a time of economic crisis.[15]
There is therefore very limited prospect for a concerted abandonment of rentier economic strategies in Turkmenistan; the construction of new pipelines has to be regarded in this sense as an inevitable development to ensure Turkmenistan’s economic survival in the short run. At the time of writing, the Berdimuhamedov regime has reportedly committed to explore two possible routes to expand the export options available to the Turkmen natural gas industry: either connecting Turkmenistan with Western markets through the construction of a trans-Caspian pipeline or, alternatively, reaching out to customers located in the Indian subcontinent through the operationalisation of the TAPI pipeline project.
Despite its size and expected export capacity, TAPI remains a virtual pipeline, the relevance of which seems to be exclusively linked to its discursive importance rather than to the effective contribution it can make to trans-regional energy trade.[16] Notwithstanding its limited financial resources and marginal experience in the management of mega-projects, Türkmengaz—Turkmenistan’s natural gas state concern—emerged in 2015 as the leader of the consortium established to deliver TAPI.[17] Türkmengaz’s limited input into project delivery has so far impeded the identification of financial backers for the very expensive pipeline and, most notably, resulted in a series of logistic blunders associated with the completion of the Turkmen sector of the pipeline project.[18]
The finalisation of the Convention on the Legal Status of the Caspian Sea in August 2018 injected new life in a series of infrastructure projects intending to export natural gas extracted in Turkmenistan to European markets. Robert Cutler correctly remarked that the current iteration of the Trans-Caspian Gas Pipeline (TCGP) project seems to be somewhat more feasible than its predecessor.[19] The current consortium has recognised that this pipeline—the financial suitability of which does however remain elusive to say the least—will not be producer-built due to Turkmenistan’s refusal to offer production-sharing agreements’ (PSA) rights to onshore developments and that the TCGP demand structure needs to be re-modulated through the identification of two access points for Turkmen gas. The new legislative environment set up by the 2018 Convention reduced some of the obstacles that so far obstructed the advancement of cooperation between Turkmenistan and Azerbaijan vis-à-vis the construction of a trans-Caspian pipeline.[20] At the same time, however, the convention subjected the ultimate advancement of any shared project to any environmental concern expressed by the other Caspian states.[21] The Russian Federation, in this sense, may continue to have a final say over trans-Caspian gas transit.
As the preservation of Turkmen authoritarianism continues to be
predicated upon the persistence of rentier economics, the state’s economic
foreign policy will continue to be linked, at least in the immediate future,
with the identification of new export routes for Turkmen gas. Reconciling the foreign
policy priorities of a regime that has so far thrived on isolationism with the
economic imperatives of an autarkic
state poorly integrated with the global economy has to be in this sense as the
most daunting challenge faced by Gurbanguly Berdimuhamedov and his associates.
Photo by Peretz Partensky, published under Creative Commons with no changes made.
[1] Bruce Pannier, Afghan TAPI Construction Kicks Off, But Pipeline Questions Still Unresolved, Qishloq Ovozi Blog, RFE/RL, February 2018, https://www.rferl.org/a/qishloq-ovozi-tapi-pipeine-afghanistan-launch/29059433.html
[2] For a comprehensive look at size, location, and exportability of Turkmenistan’s gas reserves—currently regarded as the fourth largest in the world—see: Marika Karagianni, Turkmenistan looks to gas expansion, Petroleum Economist, February 2019, https://www.petroleum-economist.com/articles/politics-economics/middle-east/2019/turkmenistan-looks-to-gas-expansion
[3] See, for instance, the report on the TAPI Steering Committee meeting held in Mary (Turkmenistan) in early 2018, in which the participant congratulated Turkmenistan in the advancement of the construction works in its own sector, V Mary sostoyalos’ zasedanie Rukovodyashchego Komiteta po proekty gazoprovoda TAPI, Turkmenistan Segodnya, February 2018, http://tdh.gov.tm/news/articles.aspx&article11441&cat14
[4] See for instance, Turkmenistan uchastok TAPI postroyat za dva goda (Turkmen section TAPI will be built in 2 years), Türkmenistanyň Nebitgaz, November 2015, http://www.oilgas.gov.tm/blog/40/
[5] World Bank, Turkmenistan Partnership Program Snapshot, April 2015, http://documents.worldbank.org/curated/en/904321485161087742/World-Bank-Group-Turkmenistan-partnership-program-snapshot
[6] In Hossein Mahdavy’s classic definition, rentier economies ‘receive on a regular basis substantial amounts of external rents […] paid by foreign governments, concerns or individuals’ (Patterns and Problems of Economic Development in Rentier States: The Case of Iran. In: Cook, M.A. (ed.) Studies in the Economic History of the Middle East. London: Routledge 1970, p. 428). In addition to the externality of the rent, it is the modality of its domestic use that characterises this typology of economic structure. Hazem Beblawi identifies the government and its ancillary institutions of a rentier state as the principal recipient of the external rent (‘The Rentier State in the Arab World’. Arab Studies Quarterly 9 (4) 1987: 385). While no currently existing state presents all the features included in scholarly description of the rentier model, post-Soviet Turkmenistan represents a particularly relevant case of post-Soviet rentierism. Its economic development has been shaped by a visibly rentier logic, heavily dependent on the rent generated by natural gas controlled kleptocratically by the regime in Ashgabat and featuring at the same time an over-inflated public sector and, until a few years ago, an extensive system of subsidies for the larger population.
[7] Tarr, David G. 1994. The terms-of-trade effects of moving to world prices on countries of the Former Soviet Union’. Journal of Comparative Economics 18 (1): 1-24.
[8] Brill Olcott, Martha. 2006. International gas trade in Central Asia: Turkmenistan, Iran, Russia and Afghanistan. In Victor, David G., Jaffe, Amy M. and Hayes, Mark H. (eds.): Natural Gas and Geopolitics from 1970 to 2040. Cambridge: Cambridge University Press, pp. 202-33.
[9] Anceschi, Luca. 2009. Turkmenistan’ Foreign Policy. Positive Neutrality and the Consolidation of the Turkmen Regime. Abingdon: Routledge.
[10] For more on Russia-Turkmen energy relations, see: Øverland, Indra. 2009. Natural Gas and Russia–Turkmenistan Relations. Russian Analytical Digest, 56.
[11] Emirati energy company Dragon Oil has long explored, under PSA conditions, numerous gas fields, part of the Cheleken contract area, in the Turkmen sector of the Caspian Sea.
[12] Data for the 2006-2016 series replicate those illustrated in my 2017 Central Asian Survey article (see footnote 17 below). Data for 2017 and 2018 are taken from the 67th and 68th editions of the BP Statistical Review of World Energy, respectively published in 2018 and 2019.
[13] Kuchins, Andrew, Mankoff, Jeffrey and Backes, Oliver, 2015. Central Asia in a Reconnecting Eurasia – Turkmenistan’s Evolving Foreign Economic and Security Interest. Washington, DC: CSIS Report, p. 13.
[14] Ryskeldi Satke, Understanding Turkmenistan’s Food Shortages, The Diplomat, December 2018, https://thediplomat.com/2018/12/understanding-turkmenistans-food-shortages/; Turkmenistan: Economy, Finance Ministries Merged to Save Money, Eurasianet, October 2017, https://eurasianet.org/turkmenistan-economy-finance-ministries-merged-to-save-money; Turkmenistan combines transport ministries, Railway Gazette, February 2019, https://www.railwaygazette.com/news/news/asia/single-view/view/turkmenistan-combines-transport-ministries.html; Turkmenistan Cuts Last Vestiges of Program for Free Utilities, RFE/RL, September 2018, https://www.rferl.org/a/turkmenistan-cuts-last-vestiges-of-program-for-free-utilities/29511308.html
[15] An interesting discussion of current modalities of rentier economic development is presented in: Gray, Matthew. 2011. A Theory of “Late Rentierism”in the Arab States of the Gulf. Center for International and Regional Studies Occasional Paper 7, Georgetown University School of Foreign Service.
[16] The TAPI pipeline—with an estimated total cost of US$ 10 billion— is expected to carry annually no fewer than 33 billion cubic meters (bcm) of natural gas over a 1078 km route. All of the project’s gas is to be supplied by the Galkynysh field (south-east Turkmenistan), with a distribution of volumes traded determined as follows: Afghanistan will buy 0.5–1.5 bcm per year, while India and Pakistan will each receive annual volumes of 14–16 bcm; Anceschi, Luca. 2017. Turkmenistan and the virtual politics of Eurasian energy: the case of the TAPI pipeline project. Central Asian Survey 36 (4): 409-29.
[17] Micha’el Tanchum, Turkmenistan Pushes Ahead on TAPI Pipeline, The Diplomat, September 2015, https://thediplomat.com/2015/09/turkmenistan-pushes-ahead-on-tapi-pipeline/
[18] Bruce Pannier, Analysis: TAPI and other Turkmen Tales, Qishloq Ovozi Blog, RFE/RL, December 2018, https://www.rferl.org/a/tapi-turkmen-tales-pipeline-qishloq-ovozi-pannier/29632356.html
[19] Robert Cutler, Third time lucky for Trans-Caspian Gas Pipeline?, Petroleum Economist, June 2019, https://www.petroleum-economist.com/articles/politics-economics/europe-eurasia/2019/third-time-lucky-for-trans-caspian-gas-pipeline
[20] For the document’s full text, see: Convention on the Legal Status of the Caspian Sea http://en.kremlin.ru/supplement/5328
[21] Anceschi, Luca. 2019. Caspian Energy in the Aftermath of the 2018 Convention: The View from Kazakhstan and Turkmenistan. Russian Analytical Digest, N° 235.
[post_title] => A tale of four pipelines: The international politics of Turkmen natural gas [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => a-tale-of-four-pipelines-the-international-politics-of-turkmen-natural-gas [to_ping] => [pinged] => [post_modified] => 2019-09-24 11:11:44 [post_modified_gmt] => 2019-09-24 11:11:44 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3876 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 2 [filter] => raw ) [6] => WP_Post Object ( [ID] => 3508 [post_author] => 38 [post_date] => 2019-06-05 12:27:50 [post_date_gmt] => 2019-06-05 12:27:50 [post_content] =>With democracy and liberalism in decline, and pro-active autocrats dominating the international community, the resilience of the political models based on democratic principles, human rights and freedoms is increasingly being tested. The external threats posed by powers like Russia, coupled with domestic political trends of xenophobia and illiberalism manifesting in growing far right movements, are threatening democratic institutions and values, such as freedom of expression. Instead of being met with unity these challenges are faced with fractious responses from the Euro-Atlantic states, with Brexit being a prime example of this fault lined response. These responses are leading many democratic sceptics and passive conformists with autocratic regimes to justify their positions by asking: if, in this current international landscape, there is a difference between Russia and the Western powers when it comes to their foreign policies? Between the recent foreign policy actions of Europe and the United States (US) and the news shared about them, ‘true’ and ‘fake’, on the digital informational space, including social networks, how can the Euro-Atlantic states preserve their democratic political models? And, whilst doing so, also delegitimise autocrats’ foreign policies?
In our more interrelated, globalised and ‘transparent’ world, people are better informed, or better misinformed, and they can judge on issues which were previously hidden. This is particularly evident about the foreign policies adopted by different states. Wherein domestic policies can still be strongly influenced by ‘fake news’ and autocratic regimes internal propaganda mechanisms, states’ foreign policies are more open to scrutiny. A higher level of public observation reveals the domination of realpolitik to a wider audience. A term created by Ludwig von Rochau, ‘realpolitik’ is deemed to be ‘the law of power [that] governs the world of states just as the law of gravity governs the physical world’. [1]
The logic behind realpolitik is that foreign policies are driven by the interests or pragmatism of the state, or a group of states and alliances, rather than idealistic, value-driven considerations. However, at this stage of global interconnectedness the values and interests of a state, or group of states, are not easily separated and the survival of states’ democratic political systems and identities are increasing linked to how they conduct themselves in relation to other states. The contemporary threats to states, and/or a group of states, range from traditional hard power threats to the soft power ones of autocratic states, such as ‘fake news’, propaganda, corruption, etc. The latter threats require even greater attention, as they may be less tangible, but are in no way less aggressive in nature. And most importantly – the autocrats can and do promote them pro-actively.
Despite the risks to democratic states’ systems there is a prevalence of realpolitik today, which aids autocrats in justifying their adjustments’ not to the liberal order and formal international law, but to the rules of the powerful and self-interest. Putin sees this dynamic clearly. He does not believe in the ‘value-driven’ policies promulgated by the Western states, but views the world in purely realpolitik terms.
As he perceives it, Putin is ‘copying’ the West by getting involved in various geographic areas; to either establish Russia’s military presence, help incumbent regimes, use secessionist conflicts to preserve Russia’s influence, establish its peacekeeping forces or border troops, or dragging states, where possible, into the Russia-led regional organisations.
In this venture he tries to drag the West into ‘power’ competitions for influence on his own terms and in his understanding. The involvement of the established democracies in such cases would also look natural – for example, the small states in Russia’s underbelly cannot protect themselves and need external assistance. Putin knew, for instance, that once he was in Ukraine, he would get the West’s attention and he would get NATO advancements in response. By creating a vicious circle of increasing Western involvement in a competition governed by the ‘rules of the powerful’, it gives him greater legitimisation of his own policies. Since the annexation of Crimea, all international crisis ridden areas like Syria or Venezuela have served his justification of realpolitik, while at the same time increasing his domestic grip on power. Moreover, the annexation of Crimea increased sensitivities in the Baltic States, especially in their reactions to Russia’s war games, Zapad, in 2017, which led to them urging NATO’s unity in response.
The West’s engagement with Putin gives him yet another argument to those who sees no difference between the two’s foreign policy agendas; these agendas being defined as cynical neo-colonialist policies that act in accordance to the idea of divisions of spheres of influence. In the case of Crimea, it was Putin’s argument that the US, not the people, made the coup d’états in Ukraine that overturned the state’s corrupt leader which ‘legitimised’ his own involvement in Donetsk, or annexation of Crimea. This perception of the West’s realpolitik – with or without a foundation – was perfectly described by Hill in his recent publication, reviewed by Thomas De Waal. [2]
The former secretary general of NATO, Rasmussen last year stated that not granting MAP to Georgia and Ukraine in 2008 was a mistake. [3] In fact, the hesitance of the Western organisations and states to respond positively to the expressed interest of the small states near Russia has been often driven by the same logic – ‘we respect the sphere of influence of Russia and do not want to irritate it by getting too close’. This was the case with the European Neighbourhood Policy, and then later with the Eastern Partnership (EaP) program, where the perspective of membership has never been stated in the European Union (EU) documents. At the 10th anniversary of the EaP the uneven result thus was noted. While the partnership and association agreements were signed with four of the six states, the most impressive achievements so far where in the area of trade and people-to-people contacts, leaving the areas of deep and substantial reforms behind. This led to the missed opportunities for the West and emboldened the behaviour of Russia in the region.
But the West can turn a ‘military victory’ by Putin into a moral defeat, by behaving contrary to his expectations – depriving him of status and attention, and offering the societies a way to reach a better political model. This may express itself in addressing the structural obstacles to reform within the EaP states, such as the Soviet institutional legacies, weakness of post-colonial institutions, political economy of rentier states, lack of sense of interdependency blocking development of common strategy, and tactics in countering external threats and conducting domestic reforms; thus contributing to building of their resilience to the threats.
On the other hand, as Arjun Appadurai stresses, there is a tension between the logic of the ‘state’ and the ‘globalised world’. [4] Indeed, there are clearly processes, which can be contained within, and by, the state, and at the same time those which transcend borders.
The reactive policies and responses to the international challenges deprive democratic states of the capacity to project their own qualitatively different ‘power’. Diplomatically, the West loses opportunities to outsmart the autocrats, by being dragged into the hard power competitions and races for influence. In fact, the unity of Europe and the US in application of sanctions against Russia in the face of the Ukrainian conflict, is already outsmarting the autocrats, who are anticipating their capacity to split the West due to its pragmatism, vested interests and realpolitik. The political and moral effects of unity and consistency of the Euro-Atlantic community in reaction to Russia’s policy in Ukraine is in fact even more important than the economic ones, as it sends the signal that Putin miscalculated. Yet, the recent tweets by Trump that “getting along with Russia is a good thing” might undermine the perception of consistency. [5] The unity demonstrated in the case of Ukraine can, and should, still be achieved in other cases to show the autocrats the ‘red lines’ when breaking the norms.
Autocrats do not get confused by the complexities of international relations, as in their dealings with external actors they rely on structural predictability of behaviour and the priorities of the politicians, which they learnt quickly. They rely on peculiarities of pragmatism, which they utilise as weakness, when cracking the unity in the Western position and foreign policies by offering lucrative interests.
Most importantly, being dragged into power competitions, particularly in the field of hard power, in various geographic areas with autocrats at this stage of international relations undermines democratic states positions and values. By trying to replace ‘patrons’, and ‘recognising legitimate sphere of interests/or influence of Russia’ the established democracies devalue the sense of independence and the interdependency of those states under threat, diminishing their sense of responsibility in sorting out relations in the region through cooperation and boosting their own power.
So the demand and the peculiarity of this stage of international relations would require not making Russia arm itself in competition, but rather ‘disarm’, both figuratively and literally. By offering unusual solutions and unexpected responses by Western powers this can be achieved, such as through unity of action, encouraging greater normative behaviour, and depriving the ‘winner’ of the rewards in getting its share of influence and control in contested parts of the world through the use of hard power. Another potential solution is to help Russia identify its possible value added contribution in helping the states to consolidate their independence rather than establish and enforce its influence over them.
These solutions and approaches require a serious reconsideration of the nature and substance of power, and the ways in which to recognise it in the system of international relations in the contemporary world. In a reconsidered world order, one would see the smaller states as equal to the big states, where their will and voice is equally respected in practice, and their power is not in the size of territory or military forces but in their capacity to be creative and develop effective and environmentally sound technologies, or to develop high culture and comfortable conditions for human lives. In the current world order, the small states can boost their power vis-à-vis the ambitions of, and non-compliance with, the liberal order powers via various measures – either by joining the existing unions or creating regional alliances to counteract the attempts of regional powers to dominate their sovereignty. But at the same time this world order is where the political trends are not contained within the national borders, and become a universal competition between – illiberalism and liberalism, xenophobic and exclusion versus open-mindedness and inclusion, authoritarian versus democratic, kleptocracy versus transparency.
What can the West do? The most reliable way is to restore its role as a normative power, or be more consistent and clear in its value-driven policies. As the Belarussian opposition leader in exile Andrei Sannikov recently noted in a Facebook post before the presidential elections in Ukraine: “By inviting both Ukrainian presidential candidates to Paris, Macron stressed an importance of the election itself, rather than the specific candidate, thus teaching a lesson to Russia.” [6]
It is important not to justify the ‘predictability’ of the West’s behaviour by compromising on this goal for the sake of pragmatic interests, but rather demonstrate integrity, unity and consistency. Listed are various suggestions to demonstrate thus:
Dr Leila Alieva is a Senior Common Room member of St. Antony’s College at Oxford University, where she previously was an academic visitor and a fellow of Council for At-Risk Academics (CARA)/Scholars Rescue Fund (SRF). In 2018 she was a research fellow at the Institute Fur Kulturwissenschaften (IFK) in Vienna, Austria. Until 2014 she was founder and President of the independent policy research/ think tank the Center for National and International Studies in Baku. Since late 80s her research focus was on conflict analysis and resolution, as well as area studies - Azerbaijan, Caucasus, Former Soviet Union; Russia, as well as energy security, democratization and civil society in the oil rich states, regional and EU and NATO integration. She has been a resident research associate at a range of different institutions including the Russia and Eurasia Center at Uppsala University, the NATO Defense College (NDC) and the National Endowment for Democracy.
Photo by Patrick Gruban, published under Creative Commons with no changes made.
[1] William Hooke, Living on the Real World: the ultimate realpolitik, Living on the Real World, December 2016, https://www.livingontherealworld.org/living-on-the-real-world-the-ultimate-realpolitik/
[2] Thomas De Waal, Book Review: No Place for Russia – What would it take to make Russia more comfortable with its neighbours, the EU, and NATO?, Carnegie Europe, January 2019, https://carnegieeurope.eu/strategiceurope/78229
[3] First Channel News, Anders Fogh Rasmussen: NATO sent @the wrong signal@ to Vladimir Putin by not granting Georgia and Ukraine Map in 2008, First Channel, November 2018,https://1tv.ge/en/news/anders-fogh-rasmussen-nato-sent-wrong-signal-vladimir-putin-not-granting-georgia-ukraine-map-2008/
[4] Appadurai, A. 1990. Disjuncture and Difference in the Global Cultural Economy. Theory, Culture & Society, 7(2), 295-310
[5] Donald J. Trump, Twitter thread of May 3rd 2019, https://twitter.com/realDonaldTrump/status/1124359594418032640
[6] Andrei Sannikov, Facebook status of April 12th 2019, https://www.facebook.com/photo.php?fbid=2465489470182711&set=pcb.2465489730182685&type=3&__tn__=HH-R&eid=ARDyAmq9TEBMPLzihLplKtRSEkd2b0RjWYdxRyTFULGXFiL-MigvgM74QxfTX5rMJpOude_Wwznl-Pix
[post_title] => How realpolitik and the predictability of the West’s weaknesses helps autocrats legitimise their foreign policies [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => how-realpolitik-and-the-predictability-of-the-wests-weaknesses-helps-autocrats-legitimise-their-foreign-policies [to_ping] => [pinged] => [post_modified] => 2019-09-24 11:14:06 [post_modified_gmt] => 2019-09-24 11:14:06 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3508 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [7] => WP_Post Object ( [ID] => 3456 [post_author] => 38 [post_date] => 2019-05-30 11:32:16 [post_date_gmt] => 2019-05-30 11:32:16 [post_content] =>The Fezzan is a strategic southwestern region of Libya. Its stability is vital for Europe's security and that of the wider Mediterranean area. The region is home to two of the most important oil fields of North Africa and is a hub for human smuggling and organised crime, whose networks extend to Mali, Niger, Chad and southern Europe. While most of the international community’s attention is on the current conflict between Tripoli's militias and the Libyan National Army (LNA), the Fezzan region’s role in the wider geopolitics is underestimated. It is often represented as a zone of systemic insecurity, far and disconnected from the political issues in northern Libya. Its importance, however, is crucial for national stabilisation and regional security in Sahel as Fezzan has become a key hub for transnational migrant smuggling networks, as well as oil, weapons, drug and gold trafficking across Africa and the Middle East.
A Precarious Social and Economic Condition
Since the 2011 revolution, the Fezzan region has suffered from a lack of central authorities with the capability to impose order and develop licit economies. Tribal fights have impeded the development of any state authority and, until last January when the LNA occupied the region peacefully, militias based in Tripolitania and Cirenaica had been unable to take control over the area. Members of Al-Qaeda in the Islamic Maghreb (AQIM) and Daesh have exploited the increasing lawlessness to develop their strongholds and logistical hubs in southern Libya.
Post-2011 revolution, security issues which have affected the northern parts of the country have involved the South as well. Institutional weakness, lack of municipal governance and few sources for local economic growth are some of the South’s most pressing challenges. There are also ethnic-based conflicts which involve identity, authenticity and citizenship. These conflicts are due in part to the legacy of Qaddafi’s divide-and-rule policies, as well as tribal rivalries. Qaddafi cynically manipulated the ‘right to citizenship’ to garner the support of southern tribes like the Tebu, one of the most important tribes in Libya, which has suffered systematic marginalisation as a non-Arab community. In particular, Qaddafi promised the Tebu full citizenship in exchange for service in his security forces, but he never kept the promise. Since 2014, the tribe has been attempting to reclaim citizenship. [1]
Combined with significant structural economic issues and the collapse of the institutional order, this legacy of conflict between the southern tribes in Libya has proven to be a key driver of conflict. Furthermore, the rivalries fostered by Qaddafi have made these tribes adverse to any central authority, especially one based in Tripoli.
The Role of Sabha and Ubari
Despite the localised conflicts and social tensions in many parts of the South, two main cities have developed to play key roles in the region. This is in part due to their capabilities to draw in social and political actors from across the wider region. These cities are: Sabha and Ubari. Both places are ethnically and tribally diverse, and both are affected by the lack of a centralised governance, especially when it comes to security and justice. The local economies of these two cities are mostly based on smuggling routes and oil fields.
Sabha is a strategically very important city, not only because it is the provincial capital of the South but also because it is a historic hub in North-South supply routes. Post-2011 revolution it plays a huge role in migrant smuggling. The city also represents the emblem of porosity of the southern border. It is a hub of black market labour in which Sahelian migrants stay before moving northward. Migrants work as day labourers in impoverished neighbourhoods like Ghurda, where they are accommodated by the dozens into single room, trying to save 30 dinars to be able to move northward; migrants from other regions and countries cannot avoid forced labour or prostitution. Once they can move to the next step of their journey, they are packed into cargo trucks; facing violent abuse, sexual assault and abandonment; ‘If you faint or fall off, they leave you. The drivers beat us with long wooden sticks.’ [2, 3]
Ubari is another strategic city located near the Algerian-Nigerien border and has major oil fields. Most of the population are Arabised Africans, the so-called ‘Ahali’, who descend from sub-Saharan slaves. The Tuareg are the second largest group while the Tebu are a minority. The revolution’s aftermath devastated the local economy. Local competition over power, assets, and alternative livelihoods emerged, increasing discontent among the town’s impoverished and disenfranchised communities and cross-border smuggling increased.
When it comes to border control with Niger and Chad, this has always been problematic. Qaddafi could not exercise full control over the area because he wanted to secure the tribes’ support. To gain the support this meant letting lucrative smuggling routes flourish and for the governance of the city to be held by the local tribes. As the money generated from licit economies was not enough to provide sufficient local income, illicit trade from and to Niger and Chad became a structural feature of the Ubari’s socioeconomic framework just like in other parts of the region. The South’s security actors are often involved in these illicit trade routes, and other attempts to fight it often fail because of a lack of equipment and trained personnel. This situation has created two types of smuggling. One related to arms, narcotics and militants, which are sometimes intercepted, and fuel, subsidised food, cigarettes and illegal migrants, which pass through by paying a fee.
The international community is incapable to implement strategies for countering organised crime and smuggling in South Libya because local municipalities share power with informal security providers and criminalised power structures.
Overall the international community continues to underestimate the Fezzan. Efforts for stabilisation are focused on North Libya where most of the urbanisation and economic activities are. However, without stabilising the Fezzan, no peace process can fully take place. Factions competing for national control (the Government of National Accord and the Libyan National Army) are supported by militias and tribes, some more than others, involved in smuggling. Drugs, weapons, oil and human trafficking operations come from Niger and Chad, and due to porous borders enter South Libya, and have established strategic hubs in Sabha and Ubari. This represents a profitable business for the major Libyan local actors and they are not willing to change that. Breaking the nexus between organised crime and instability must be a priority for the international community. Otherwise no peace plan can be successful.
The international community should support more common dialogue in the region. It is crucial to avoid a Somalisation of Libya, which could bring about long-term violence. Although the Fezzan has very complex tribal dynamics usually impeding foreign efforts for stabilisation, the Italian government and the Italian Sant’Egidio community have started a mediation dialogue with local tribes to find local solutions to the main problems. [4] This initiative is hard to implement but necessary and the international community should support it rather than diverging on how to deal with Libya. If local actors are given the opportunity to negotiate to find solutions to their own problems, this could be the first step for local reconciliation. However, the dialogue needs to be structured so that past tribal conflicts are not obstacles and so they can also be focused on redistribution of oil revenues.
Tribes, who control routes and hubs for smuggling, are unlikely to agree to fight profitable criminal activities and to develop licit economies, unless there is an equally profitable source of income. Redistribution of oil revenues could be this source of income, and be the economic foundation for reconciliation, the development of licit economies and the restoration of public basic services. In order to reduce corruption, redistribution should be supervised by international financial institutions. Currently, oil revenues go from the National Oil Company to the Central Bank of Libya, instead of being redistributed across local municipalities and this enables dirty money to be the main source of income.
Porous Border Control
According to Frederic Wehrey, the Fezzan region is characterised by key border-control deficiencies stemming from a lack of municipal governance capacity. But there are no particular capacity building initiatives in place to face this problem. It is too dangerous and logistically difficult to deploy capacity building missions in the Fezzan. What the international community should do is to implement common dialogue among tribes (including discussions on the redistribution of oil revenue) along with capacity building initiatives in Chad and Niger, where there is a safer and securer environment, and where important transnational criminal hubs are located. France and Italy have started missions in those countries (i.e. MISIN) to train local security forces, but the effectiveness of these missions is debated among experts. Training security forces and developing border police forces can be a good start in fighting criminal networks and break the nexus between criminality and instability. However, the presence of further elements of instability (i.e. terrorism, climate change) have a deep impact on efforts for stabilisation in Sahel.
The city of Ghat is a key example of border control deficiency. Ghat’s local leadership controls the Libyan border from Algeria to Niger. After the closure of the Algerian border, Ghat became isolated with no supply chains and got involved in clashes with neighbouring city Ubari. The leader of a local border armed group, Katiba 411, declared that ‘he was forced to patrol a 230-kilometre stretch of border with Algeria with just 230 men.’ [5] Since the Algerian border closed, smuggling has moved to the Nigerien border and into Gatrun, exploiting a Tebu-controlled route. Ghat’s leaders have often and unsuccessfully requested the support of the Government of National Accord and the EU for direct assistance in reinstating Algerian cross-border trade routes for Libya’s border towns. “We asked the Europeans to pressure Algeria to open the border to relieve our suffering” a municipal council member referred, criticising the fact that the Tuareg, living in the area, did not have access to medical care and basic goods coming from Algeria. [6] However, the EU did not intervene on this.
The situation in Ghat is just one example amongst many. As long as local institutions and neighbouring governments, with the support of regional and international actors, will not face illicit trafficking properly black economies will remain the most important source of local income, and any law enforcement, technical and bureaucratic improvements will probably fail.
The Government of Niger has begun to work on the issue and has introduced ‘more stringent document control, vehicle search and seizure’, along with repressive measures ‘for those caught smuggling, resulting in a net decrease in migration out flow’. [7] Although these actions are a step forward in the right direction, it is not enough.
The smuggling routes and the struggle for resources are part of deeper socioeconomic issues. [8] Recently, the EU has started to address some of these problems in the Fezzan and across the border with Chad, providing funds to local councils to build migrant detention centres for the councils to manage the flow of migration. However, many mayors rejected the plan because it does not address the key and structural features of migrant flows and smuggling (i.e. the absence of a licit local economy). Moreover, due to the lack of strong governance and supervision, human rights violations by local militias and managers of such facilities could easily take place.
The role of the EU in addressing security and insurgency issues in the Fezzan is limited due to internal divisions among the EU member states in dealing with the Libyan conflict. Italy supports Al-Sarraj's government in Tripoli, while France supports Haftar's Libyan National Army in Benghazi. As the two most important EU member states in the Mediterranean diverge, it is difficult for the EU to act as a bloc and find a common approach to stabilise Libya.
The European Union Border Assistance Mission in Libya (EUBAM Libya), a civilian mission under the Common Security and Defence Policy, is aimed at supporting the Tripoli-based authorities disrupting organised criminal networks, like human trafficking, drug and oil smuggling, and terrorism. One of the task is developing the security of the country’s borders. However, EUBAM presence in the Fezzan is very limited, if it even exists. Also, due to fragmentation of power and the lack of inclusive military command structure, national police and armed forces are no longer operational since the 2011 revolution. Diverse armed actors have become integral to security arrangements, mostly informal, and have basically acquired the legitimate status as local authorities need protection. This has affected the effectiveness of the EU integrated border management assistance mission in Libya.
Conclusion
Despite the recent LNA occupation of the region, and ongoing ceasefire arrangements between groups once at war, Fezzan remains affected by social, economic, political and security issues.
Regional and international actors support diverging and opposing sides (Italy, the UN, Qatar and Turkey support Al-Sarraj, while France, Saudi Arabia, Egypt and Russia support Haftar). All of them have different and competing interests. For example, the main French oil company Total competes with the main Italian oil company ENI to gain control over key oil fields in Libya. Since 2017, Saudi Arabia and Qatar have no diplomatic relations after the embargo against Qatar by Saudi Arabia, Bahrain, Egypt, and the United Arab Emirates. Riyadh and Doha are financing two opposing sides in the Libyan conflict. These diverging interests intersect with very complex local dynamics and impede the international community from adopting a common strategy to solve the conflict As a consequence, the fight against criminal networks is minimal and restoring the circulation of clean money remains a distant long-term objective. Informal economies have spread across southern Libya and, just like in other regions, it affects efforts for stabilisation. As the local economies mostly consist of smuggling and trafficking, tribes and militias in the region will remain involved because it is a lucrative market.
Although a national peace and capacity building program aimed at restoring basic services and security forces to fight criminalised power structures would be necessary, there are not the conditions on-the-ground to implement such a program. Italy has tried to promote dialogue between the southern tribes but this is not enough. The recent LNA occupation of the Fezzan and the current fight to occupy Tripoli have changed the political landscape, a common approach that takes this into account, as well as the complex context in the Fezzan, needs to be adopted by the international community.
Paolo Zucconi is a Research Fellow at the Global Center for Security Studies in Brussels. He is an independent geopolitical analyst and contributor for The Journal of International Security (Intersec), Global Security Review, and Geopolitical Monitor. He writes for journals and reviews based in the UK, USA, Canada, Australia and Italy on topics related to the MENA region's security and geopolitical affairs.
Photo by Franzfoto, published under Creative Commons with no changes made.
[1] Ben Lamma M. 2017. ‘The Tribal Structure in Libya: Factor for fragmentation or cohesion?’. Observatoire du Monde Arabo-Musulman et du Sahel.
[2] F. Wehrey. 2017. ‘Insecurity and Governance Challenges in Shouthern Libya’. Carnegie Endowement for International Peace: Washington D.C.
[3] Ibid.
[4] Comunità di Sant'Egidio. 2016. ‘Libia, Accordo a Sant'Egidio fra le Tribù del Sud per la Pacificazione dela città di Sebha’. Sant'Egidio Website News.
[5] Ibid.
[6] Ibid.
[7] International Organization for Migration. 2016. ‘Migration Crisis Operational Framework 2017-2019’. Libya Country Office.
[8] I. Kohl. 2015. ‘Terminal Sahara: Sub-Saharan Migrants and Tuareg Stuck in the Desert’. Stichproben: Vienna Journal of African Studies 28, no. 15, 55–81
[post_title] => The Strategic Role of the Fezzan Region for European Security [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => the-strategic-role-of-the-fezzan-region-for-european-security [to_ping] => [pinged] => [post_modified] => 2019-09-24 11:19:06 [post_modified_gmt] => 2019-09-24 11:19:06 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3456 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [8] => WP_Post Object ( [ID] => 3321 [post_author] => 38 [post_date] => 2019-05-17 09:59:50 [post_date_gmt] => 2019-05-17 09:59:50 [post_content] =>The grisly terror onslaught against Sri Lanka on Easter Sunday that took 253 lives could well have been avoided if a deeply divided government had not failed to act on intelligence provided by the United States (US) and India. [1]
Tragically for this idyllic island nation, the political rift has also made it vulnerable to external influences. The terror strikes were perpetrated against the backdrop of superpower rivalry where the Indo-Pacific powers of the US, India and Japan are striving to counterbalance the overarching dominance that China has gained over the island and the region. The three partner countries have been increasingly concerned by China’s enlarging presence in the maritime proximity to India and its new-found access to a crucial commercial and military waterway that has deepened its influence in the Indian Ocean Region (IOR).
The series of eight coordinated suicide bomb blasts by radical Islamists tragically brought the spectre of strife and unrest back to Sri Lanka that was to have celebrated a decade of peace on 18 May. That day in 2009 had marked the end of the 26-year civil war by the separatist Liberation Tigers of Tamil Eelam (LTTE) that is estimated to have taken a toll of over 100,000 civilians and 50,000 fighters. [2]
The Easter Sunday attacks could well have been the route to derail this path to peace and to bring ethnic strife back to centre-stage in this ‘Emerald Isle of Asia’, also known as the Land of Spices and Tea. Already, fearing further attacks, the government has declared a state of emergency that empowers the police and military to detain and interrogate suspects without court orders. Armed pickets have been deployed outside churches, mosques, hotels and other public spaces, suspects have been rounded up and radical literature and explosive material seized in a series of raids as Sri Lankans hunker down to a looming period of uncertainty.
US and Indian intelligence agencies had repeatedly warned Colombo about weapons, explosives and detonators being stockpiled, with moves afoot to target churches and even the Indian High Commission. Among the 39 foreign tourists from at least 12 countries who perished in the blasts in three churches and three luxury hotels were 11 Indians and four Americans, as also one Japanese and one Chinese. [3]
This grievous lapse in acting on credible intelligence inputs betrays the political divide in Sri Lanka. The 25,330 square mile teardrop-shaped country of 22 million was plunged into turmoil last October when President Maithripala Sirisena ousted his former political ally and sitting Prime Minister Ranil Wickremesinghe “because of his arrogance”, and replaced him with his rival-turned-friend and ex-President Mahinda Rajapaksa. The consequent power struggle virtually shut the government down. Sirisena discounted two confidence votes Wickremesinghe won in Parliament, acquiescing only seven weeks later when the Supreme Court rebuked him and sought Wickremesinghe’s reinstatement.
However, in a message fraught with grim forebodings, Sirisena said there was no change in his “personal position” that he would not work with Wickremesinghe even if all 225 Parliament members backed him. Thus, a divided government overlooked the warnings on the Easter offensive, with both the President and Prime Minister astonishingly and separately informing their countrymen that they were not privy to the incoming intelligence.
The fallout between Wickremesinghe and Rajapaksa has also reflected menacingly on national developments where the former has been disposed towards India, while Rajapaksa has toed the Chinese line.
Strategically-located Sri Lanka lies off the southeastern tip of India just across the 33-mile wide Palk Strait. Its vantage location accords it strategic access to the Indian Ocean, which is the third largest ocean on earth, after the Pacific and Atlantic, and which covers a fifth of the total ocean area of the planet, drawing its boundaries with Asia to its north, Africa to its west, Australia to its east and Southern Ocean (or Antarctic or Austral Ocean) to its south.
Together, the Indian and Pacific Oceans cover two-thirds of the earth’s total water surface, and an increasingly assertive China’s economic and military rise has been having a profound impact on the balance of power in this maritime region.
While the US has provided some $2 billion in total assistance to Sri Lanka in areas such as agriculture, energy and natural resources, education, healthcare and humanitarian activities, Chinese companies completed infrastructure projects there worth $15 billion by the end of 2017. [4, 5] As part of its Bay of Bengal Initiative, the US has also granted $39 million to Sri Lanka to support maritime security, freedom of navigation, and maritime domain awareness. [6]
In 2016, China overtook India as Sri Lanka’s largest trading partner, with its $4.43 billion worth of bilateral trade surpassing India-Sri Lanka’s $4.37 billion, according to one study. [7] Both India and China enjoy vast trade surpluses with Sri Lanka, but the US has a gross deficit. The study notes that the US is Sri Lanka’s foremost export destination, accounting for a quarter of all its exports in the 2012-16 period, and India, the third largest destination with a 5.6 percent share. China was, however, only the 10th largest destination, with a 1.8 percent share. Moreover, while China finances its projects in Sri Lanka largely through repayable loans, India’s financial aid to Sri Lanka is normally in a ratio of 70 percent loans to 30 percent outright grants. Japan too had a three-fourth trade surplus with Sri Lanka in their bilateral trade worth $1 billion in 2016.
Beijing’s strategic outreach into the IOR and its claims of sovereignty over almost the entire South China and East China seas have unsettled the Indo-Pacific littoral. This has not been lost on the US, which had historically been the security guarantor for this expanse and beyond. But while Washington is keen on retaining, and reclaiming, its presence across the critical sea lanes, it now finds worth in forging regional partnerships in this pursuit with other like-minded countries like India and Japan in an effort to cut down costs and delegate responsibility.
A critical question that arises is whether this policy shift in American strategy has actually been a policy drift and has fallen behind China’s sharply focused overseas infrastructure investment and lending program called the Belt and Road Initiative (BRI, previously, One Belt One Road, or OBOR) that was kick started in 2013. BRI, also known as the maritime silk route, is a $1 trillion sequence of infrastructure projects spanning 70 countries. [8]
Though Beijing insists the BRI is largely a commercial rather than a military initiative, naval basing appears very much part of an unspoken agenda. Releasing the National Security Strategy last December, US President Donald Trump described a new era of “great power competition” where “foreign nations” have begun to “reassert their influence regionally and globally” and contest “[America’s] geopolitical advantages and trying to change the international order in their favor.” He, however, revealed the US’s new approach to China that is grounded in fairness, reciprocity, and respect for sovereignty.
China has lavished generous loans on many countries as part of the BRI enterprise, only to assume control over the infrastructure created by it by way of compensation in case of defaults on repayments. Speaking on his administration’s policy towards China at the Hudson Institute in October 2018, US Vice President Mike Pence blamed Beijing for using “debt diplomacy” to expand its influence, leaving opaque the terms of its loans so that benefits flow overwhelmingly to it. [9] “Just ask Sri Lanka, which took on massive debt to let Chinese state companies build a port with questionable commercial value,” he noted. “Two years ago, that country could no longer afford its payments – so Beijing pressured Sri Lanka to deliver the new port directly into Chinese hands. It may soon become a forward military base for China’s growing blue-water navy.”
When Sri Lanka defaulted on its $1.12 billion deal with China to develop its southern seaport of Hambantota, Beijing deemed it more opportune to take over the port it created rather than relax the repayment norms that Colombo pleaded for. [10] Consequently, in December 2017, Colombo handed over the port to Beijing on a 99-year lease. [11] Though China insists it has solely commercial interest in Hambantota, Sri Lankan authorities reportedly indicated that intelligence and strategic possibilities of the port’s location had been part of the negotiations. Indeed, within weeks of Sri Lanka’s announcement in June 2018 that it would be shifting its southern naval headquarters to Hambantota port, Beijing declared it would be donating a frigate to the Sri Lankan Navy. [12] The People’s Liberation Army (PLA) is also creating facilities at the Sri Lanka Military Academy, the country’s premier army training establishment.
Speaking at the Pathfinder Panel Discussion in Colombo in February, Acting Principal Deputy Assistant Secretary of State Thomas Vajda felt that transactions based on “naked commercial self-interest and hidden agendas that mortgage the future” undermine the long-term stability of the region. [13]
In Sri Lanka, China is expanding from Hambantota to the Colombo port as well. In the single largest ever Foreign Direct Investment (FDI) into Sri Lanka, China Harbor Engineering Company (CHEC), a subsidiary of state-owned China Communications Construction Company (CCCC), is creating the $1.4 billion Colombo International Financial City (CIFC) on 269 hectares or 660 acres of land reclaimed from the sea. [14]
This ‘city-within-the-city’ is expected to be a major financial hub rivalling Singapore and Dubai that will boost the economy and maritime trade of the island country. The project was launched in 2014 by Chinese President Xi Jinping and then Sri Lanka’s President Rajapaksa, its marine part, including construction of the breakwater, to be commissioned in June 2019. China is also investing $1 billion in constructing three 60-storey buildings at this site adjacent to the country’s main port of Colombo, the deepest container terminal in South Asia. [15]
India is particularly stressed by these developments in its vicinity, having had tumultuous encounters with China along its northern frontiers where both countries maintain high military vigil. When the current Wickremasinghe government came to power in January 2015, New Delhi managed to convince it to halt the project, but CCCC pressed for an agreement renewal and work resumed in August 2016, much to India’s chagrin.
Washington too is disquieted by these happenings, especially as the Hambantota issue came to a head in 2018 that happened to be the 70th anniversary year of US-Sri Lankan diplomatic relations. While unveiling additional financial help for the Indo-Pacific region late last year, Secretary of State Mike Pompeo said: “We’re convinced that American engagement in the Indo-Pacific benefits all the nations in that region. [16] We want it to be free, we want it to be open. We’re not looking for dominance. We’re looking for partnerships.”
Testifying at the February hearing of the Senate Armed Services Committee, Admiral Philip Davidson, commander of the US Indo-Pacific Command (USINDOPACOM), maintained that the transfer last year of an excess US Coast Guard cutter, along with additional platforms from Japan and India, have augmented the maritime domain awareness of the Sri Lankan Navy, which is a well-trained and professional force with the potential to contribute to multilateral maritime interoperability in the Indian Ocean. [17]
Terming Sri Lanka “a significant strategic opportunity in the Indian Ocean”, Davidson said that increasing the bilateral navy-to-navy engagement will be a USINDOPACOM focus in 2019. Indicating that the US’s other regional partners like India, Japan, France, Australia and New Zealand share a common aspiration for a free and open Indo-Pacific, he noted, “USINDOPACOM depends upon the collective capabilities of our allies and partners to address the challenges to a Free and Open Indo-Pacific.”
Home to half of the 20 fastest growing economies that account for over a third of global GDP, the Indo-Pacific will have unrivaled purchasing power when 65 percent of the world’s middle class will be inhabiting the region by 2030. [18] In 2017 and 2018 alone, American businesses invested $61 billion in more than 1,500 projects across the region, according to US Ambassador to Vietnam Daniel Kritenbrink. [19] “US total investment in the Indo-Pacific is now more than $1.4 trillion, which is more than that from China, Japan and South Korea combined,” he added.
However, China’s grand strategy for the Indo-Pacific envisages its foray into the IOR through its ‘string of pearls’ blueprint. Alongside Hambantota and Colombo, the blueprint delineates a chain of ports through Sonadia, in Bangladesh, Kyaukpyu, in Myanmar, and Laamu Atoll, in the Maldives. The Sonadia deal was to be signed during Prime Minister Sheikh Hasina’s China visit in 2014, but was aborted on speculation that the initiative was blocked by India. However, it could be revived, with Hasina lauding China for being “a key-development partner” with Bangladesh’s 2017 purchase of two Chinese-made Type 035G Ming Class submarines worth $204 million that upgraded its navy into a “three-dimensional force.” [20]
To heighten its presence in the Bay of Bengal on India’s eastern seaboard, China concluded a $1.3 billion (initial phase) deal with Myanmar last November to develop a deep-sea port in Kyaukpyu in the western state of Rakhine. [21] Part of a special economic zone (SEZ), the port will lie across the Bay where India is developing a nuclear submarine base codenamed Project Varsha near the Eastern Naval Command at Visakhapatnam. The project was initially worth $7 billion, but was reduced appreciably following Myanmar’s fears of a debt-trap. [22]
As with Sri Lanka, where China friend Rajapaksa signed the Hambantota and other deals with Beijing before being succeeded by India friend Wickremesinghe, the Maldives was drawn to China under former President Abdulla Yameen, while Ibrahim Mohamed Solih, who succeeded him in November 2018, is inclined towards India. The Yameen government had in March 2018 admitted that China had expressed interest in building a port in Laamu Atoll to the south. It had also borrowed heavily from China to build bridges and housing as part of Beijing’s BRI initiative and reportedly even handed over some islands to China. [23]
A month after Solih assumed power, India, evidently anxious to forestall any Chinese naval bases on this Indian Ocean island territory 623 km or 388 miles off its southernmost tip of Kanyakumari, offered $1.4 billion aid to the Maldives to help it pay off its debt to China on condition that it distances itself from Beijing. [24] As part of its policy of ‘Neighborhood First’ to support the island country’s socio-economic development, New Delhi also sought stronger security ties with Male that would involve permanent deployment of Indian military personnel.
China, however, is hemming India in with another of its overseas ports, this time in Pakistan, India’s longstanding foe across the border with which it has gone to war four times, in 1947, 1965, 1971 and 1999. The Gwadar port it is building in Pakistan’s largest province of Baluchistan will link to Kashgar in China’s far western region of Xinjiang via the $46 billion China-Pakistan Economic Corridor (CPEC) that both the partners hail as the “great monument of Pakistan-China friendship” and which is now a flagship component of the BRI. [25] Gwadar will gain China a maritime gateway to the Arabian Sea on India’s west and on to the Indian Ocean, Persian Gulf and the gulfs of Oman and Aden.
India opposes the CPEC, as the project runs through Gilgit-Baltistan and Pakistan-occupied Kashmir (PoK) that are disputed by India. The CPEC incidentally obliges Pakistan to pay $40 billion to China over 20 years by way of debt repayments and dividends. [26] India has also snubbed China twice on the BRI issue, when it boycotted the BRI Forum meetings held in Beijing in 2017 and last April.
Ironically, while China helps the Islamic Republic of Pakistan – which, with a population of over 200 million Muslims, designates Islam as its state religion and is also referred to as the ‘global center of political Islam’ - in Xinjiang, the Communist Party has imprisoned a million native Muslim Uyghurs in government camps. [27] Survivors recount being indoctrinated in these camps in an authoritarian effort to subjugate Uyghur culture and quash the Muslim faith in China.
China may prospectively use Gwadar, and Hambantota, as PLA Navy bases, in order to bolster its maritime profile in the Indo-Pacific. In August 2017, Pakistan announced the purchase from China of four modified Type 041 Yuan Class SSKs and technology transfer for the assembly of four more in the port city of Karachi, in a deal estimated at $5 billion. [28] The first four submarines were to be delivered by 2023, and the succeeding four, by 2028, this fleet designated to form the core of Pakistan’s offshore nuclear second-strike triad.
With regard to the Colombo port, New Delhi is anxious about Beijing’s influence over it. The port is considered vital for India, which lacks a transshipment port. Colombo fulfils that requirement, handling a staggering 48 percent of India’s international cargo. [29] The two other regional transshipment hubs for India fall far behind Colombo, with Singapore accounting for 22 percent and Malaysia’s Port Klang, 10 percent of India’s international cargo. [30, 31]
The US has hitherto sought to safeguard the Colombo port. Its Customs and Border Protection Agency, through its Container Security Initiative, has worked alongside the Sri Lankan Customs Central Intelligence Unit since 2005 to jointly target high-risk shipments destined for the US. The port also participates in the Department of Energy’s second line of defense Megaport Initiative that helps Sri Lanka detect radiological materials so as to prevent the spread of radiological weapons.
Sri Lanka has tried to compensate India for the Colombo and Hambantota ports coming under Chinese control by offering a controlling stake to the Airports Authority of India in Mattala Rajapaksa International Airport (MRIA), located 15 km from Hambantota. Opened in 2013, at a cost of $210 million and funded through high interest Chinese commercial loans, MRIA is Sri Lanka’s second international airport after Colombo’s Bandaranaike International Airport (BIA). [32] It is, however, running into losses owing to low demand for which it has been dubbed ‘the world’s emptiest airport’ and it is perhaps because of this that there has been no progress on the proposal with India. [33]
The Indian government has, however, extended financial assistance of over $45 million for upgrading Kankesanthurai harbour in the Jaffna district to a full-fledged commercial port towards Sri Lanka’s efforts to become a regional maritime hub. [34] The harbour and its berthing piers had been wrecked by the tsunami in 2004 and cyclone Nisha in 2008.
Also, in a stunning move that challenges China and smothers its hitherto single largest FDI into Sri Lanka (of the $1.4 billion Colombo financial city), India’s Accord Group recently signed a $3.8 billion deal with the Sultanate of Oman’s Ministry of Oil and Gas to build an oil refinery in Sri Lanka. [35] Ironically, the 585-acre facility will come up close to the Hambantota port from where it will be exporting the 9 million tonnes of refined products it will be producing annually upon its commissioning in 44 months. While the Chennai-based Accord Group will control 70 percent of the joint venture, the Omani ministry will hold the rest. However, Oman’s oil ministry subsequently denied its participation, leading Sri Lankan Board of Investment Director General Champika Malalgoda to reportedly affirm that the deal was “still going ahead”. [36]
Reacting to the media’s question on the proposed refinery, China’s Foreign Ministry spokesman Geng Shuang maintained that Beijing had an “open attitude” regarding India’s investments in the island nation. [37] “While we make our contribution to the development of Sri Lanka, China is not as narrow minded as you thought,” he added.
Colombo and New Delhi have also agreed to a 50-year lease agreement to jointly operate a strategic World War II-era oil facility in the Trincomalee harbour. It has been widely reported – but debunked officially - that the US, Japan and India are seeking to jointly develop Trincomalee port - which had been an Indian Ocean base for the Allied Forces - as a logistics hub for South Asia so as to counterbalance China’s presence in Hambantota and Colombo. [38] All three countries have sent ships to the Trincomalee harbor, in north-eastern Sri Lanka, on goodwill visits and India has stationed a naval officer there.
It will actually be a collaborative effort between Japan, India and Sri Lanka to expand this strategically-located port, at a cost between $90 million and $117 million. [39] Trincomalee is one of the three regional ports – the others being Dawei in Myanmar and Matarbari in Bangladesh – that Japan plans to develop, through yen loans, as part of Prime Minister Shinzo Abe’s ‘Free and Open Indo-Pacific Strategy’.
A Japanese Maritime Self-Defense Force destroyer was in the Trincomalee harbor when Japan’s Defense Minister Itsunori Onodera was visiting it, in what was the first such visit to Sri Lanka by a Japanese defense minister, and this was soon followed by USS Anchorage and embarked MEU. Sri Lanka’s navy also participated last August for the first time in Rim of the Pacific (RIMPAC), the world’s largest US Pacific Fleet-led international maritime warfare exercise, while Cooperation Afloat Readiness and Training (CARAT), which too is conducted by the US Pacific Fleet, was held at Trincomalee also for the first time in October 2017. [40, 41]
It has been reported that 450 naval vessels from 28 countries have called on Sri Lanka between 2008 and 2017, with Indian warships topping the list with 90 visits, followed by 65 from Japan and 30 from China. [42]
The US Navy has conducted three iterations aimed at promoting Sri Lanka as a regional hub for logistics and commerce. [43] Following two such initiatives at Colombo’s Bandaranaike airport and at Trincomalee last August, and at the airport last December, the US Navy performed the third such iteration for over a week last December at the Bandaranaike airport. Washington paid about $140,000 for the last cargo transfer. [44]
The iterations involve several US naval aircraft bringing in a variety of non-lethal supplies to the commercial airport. January saw the supplies being transferred between planes and then flown to the nuclear-powered supercarrier, USS John C. Stennis, at sea. These operations ensure that no cargo, military equipment or personnel remain in Sri Lanka after the completion of the cargo transfers.
A subsequent statement by the 7th Fleet maintained: “Taking advantage of a growing naval partnership with Sri Lanka, the Nimitz-class aircraft carrier USS John C. Stennis established a logistics hub in Sri Lanka to receive support, supplies and services at sea. [45] A C-2 Greyhound carrier onboard delivery aircraft accessed the hub’s strategic location before bringing supplies to John C. Stennis. Established on a temporary basis in the island nation, the hub provides logistics support to US Navy ships operating in the Indian Ocean.”
Lt. Bryan Ortiz, John C. Stennis’ stock control division officer, pointed out that the primary purpose of the operation was to provide mission-critical supplies and services to US Navy ships transiting through and operating in the Indian Ocean. “The secondary purpose is to demonstrate the US Navy’s ability to establish a temporary logistics hub ashore where no enduring US Navy logistics footprint exists,” he added.
In his testimony to the Senate Armed Services Committee, Admiral Davidson mentioned that USINDOPACOM would “regain the advantage” by positioning theater infrastructure that supported expeditionary capability that was agile and resilient and would serve as dynamic basing for the US maritime and air forces. [46]
Questions have been raised in Sri Lanka’s Parliament on the security impact of the use of the country’s commercial ports to conduct cargo transfers by the US military. An MP asked whether Colombo was contemplating signing a Status of Forces Agreement (SOFA) with Washington. [47] There were also references to the US’s $480 million grant assistance to Sri Lanka from the Millennium Challenge Corporation (MCC) for infrastructure development projects. [48] Both the US Embassy in Colombo and the Sri Lankan government have, however, specified that the two countries had not indicated any “interest, wish or desire to establish a base in Trincomalee, the Eastern Province, or any other part of Sri Lanka”. [49]
The developments in Sri Lanka and the littoral underscore the economic, political and strategic significance of the IOR that is traversed by major maritime trade routes that stretch from the Strait of Hormuz to the west to the Strait of Malacca in the east and freight a third of the world’s maritime cargo, two thirds of global oil and half the world’s container traffic. [50]
Over half the world’s oil and gas deposits are said to be located in this maritime expanse, which also accounts for all of India’s sea-borne trade, 80 percent of Japan’s oil supplies and 60 percent of China’s. [51] A US Naval War College-sponsored study cited IOR replacing the North Atlantic as the central artery of world commerce. [52] The region is also replete with nuclear-powered states, failed states, as well as those wracked by poverty, piracy, terrorism and fundamentalism.
Sri Lanka’s worth in this region is exemplified by Bethesda-based Small Wars Journal that cites its location as the most central maritime route between the Persian Gulf and Indonesia. [53] The country is additionally ideally positioned to access troubled spots throughout the IOR, as it can readily support operations in the Middle East, Afghanistan or South East Asia; evidenced by the Supreme Commander of Allied Forces in South Asia choosing Sri Lanka to locate his headquarters during World War II. The island nation, now weakened by terrorism and the unfortunate political divide, continues to sustain global interest, a victim of its own strategic allure.
Sarosh Bana is the Executive Editor of India's oldest and most widely read national fortnightly on business, Business India, published out of Mumbai. He writes extensively on defense and security, policy, strategy, politics, foreign affairs, cyber security, space, energy, environment, food and agriculture, shipping and ports, and urban and rural development. He is also a frequent speaker on defense and security, foreign affairs and strategy, and his writings have been published in some of the leading publications, journals and think tanks across the world.
Photo by Dan Lundberg, published under Creative Commons with no changes made.
[1] BBC Asia, ‘Sri Lanka attacks: Death toll revised down by “about 100”’, BBC, April 2019, https://www.bbc.com/news/world-asia-48059328
[2] Sri Lankan Civil War, ‘Casualties of the Sri Lankan civil war’, Wikipedia, https://en.wikipedia.org/wiki/Sri_Lankan_Civil_War
[3] a. Press Trust of India, ‘Sri Lanka terror attacks: 11 Indians dead, Colombo confirms; number of deceased foreigners rises to 36’, Firstpost, April 2019, https://www.firstpost.com/india/sri-lanka-terror-attacks-11-indians-dead-colombo-confirms-number-of-deceased-foreigners-rises-to-36-6517511.html; b. Lee Brown, ‘Four Americans confirmed dead in Sri Lanka terrorist attack’, New York Post, April 2019, https://nypost.com/2019/04/22/four-americans-confirmed-dead-in-sri-lanka-terrorist-attacks/; c. AP News, ‘The Latest: Japan confirms 1 fatality in Sri Lankan blasts, AP News, April 2019 https://www.apnews.com/fabb6b93861a46d1b7cef4983450ffb3
[4] Bureau of South and Central Asian Affairs, ‘U.S. Relations With Sri Lanka’, U.S. Department of State, January 2017, https://2009-2017.state.gov/r/pa/ei/bgn/5249.htm
[5] Shakthi De Silva, ‘Sri Lanka: Caught in an Indo-China “Great Game”?’, The Diplomat, February 2019, https://thediplomat.com/2019/02/sri-lanka-caught-in-an-indo-china-great-game/
[6] Heather Nauert, ‘Indo-Pacific Funding Announcement’, U.S. Embassy in Sri Lanka, August 2018, https://lk.usembassy.gov/indo-pacific-funding-announcement/
[7] P.K. Balachandran, ‘China Overtakes India as Sri Lanka’s Largest Trading Partner’, The Citizen, December 2017, https://www.thecitizen.in/index.php/en/NewsDetail/index/5/12511/China-Overtakes-India-as-Sri-Lankas-Largest-Trading-Partner
[8] Public Policy, ‘China’s Belt and Road Initiative: Why the Price is Too High’, Knowledge at Wharton, April 2019, https://knowledge.wharton.upenn.edu/article/chinas-belt-and-road-initiative-why-the-price-is-too-high/
[9] Vice President Mike Pence, ‘Vice President Mike Pence’s Remarks on the Administration’s Policy Towards China’, Hudson Institute, October 2018, https://www.hudson.org/events/1610-vice-president-mike-pence-s-remarks-on-the-administration-s-policy-towards-china102018
[10, 11] PTI, ‘China holds back Hambantota Port deal’s final tranche of $586 million to Sri Lanka’, The Economic Times, June 2018, https://economictimes.indiatimes.com/news/international/world-news/china-holds-back-hambantota-port-deals-final-tranche-of-585-million-to-sri-lanka/articleshow/64532449.cms
[12] Reuters, ‘Sri Lanka shift naval base to China-controlled port city’, Channel News Asia, July 2018, https://www.channelnewsasia.com/news/asia/sri-lanka-to-shift-naval-base-to-china-controlled-port-city-10492872
[13] Acting Principal Deputy Assistant Secretary State Thomas J. Vajda, ‘Opening Statement of Acting Principal Deputy Assistant Secretary of State Thomas J. Vajda at Pathfinder Panel Discussion’, U.S. Embassy in Sri Lanka, February 2019, https://lk.usembassy.gov/opening-statement-of-acting-principal-deputy-assistant-secretary-of-state-thomas-j-vajda-at-pathfinder-panel-discussion/
[14] P.K. Balachandran, ‘Call to probe Lanka’s trade with Singapore and UAE for black money transactions’, FT, December 2017, http://www.ft.lk/columns/Call-to-probe-Lanka-s-trade-with-Singapore-and-UAE-for-black-money-transactions/4-645300
[15] Daily News Sri Lanka, ‘China to invest & 1 billion in three 60-storey Port city buildings’, Daily News Sri Lanka, January 2018, http://www.dailynews.lk/2018/01/22/business/140557/china-invest-1-billion-three-60-storey-port-city-buildings
[16] PTI, ‘US looking for partnership not dominance in Indo-Pacific: Pompeo’, The Week, July 2018, https://www.theweek.in/news/biz-tech/2018/07/31/us-looking-for-partnership-not-dominance-in-indo-pacific-pompeo.html
[17] Admiral Philip S. Davidson, ‘Statement of Admiral Philip S. Davidson, U.S. Navy Commander, U.S. Indo-Pacific Command Before The Senate Armed Services Committee on U.S. Indo-Pacific Command Posture 12 February 2019’, Senate Armed Services Committee, February 2019, https://www.armed-services.senate.gov/imo/media/doc/Davidson_02-12-19.pdf
[18] Homi Kharas, ‘The Unprecedented Expansion of the Global Middle Class’, Global Econoy & Development Working Paper 100, February 2017, https://www.brookings.edu/wp-content/uploads/2017/02/global_20170228_global-middle-class.pdf
[19] Speakers at the Indo-Pacific Dialogue, ‘US ambassador wants “free and open” Asia’, Viet Nam News, December 2018, http://vietnamnews.vn/economy/481642/us-ambassador-wants-free-and-open-asia.html
[20] PTI, ‘Bangladeshi PM defends decision to buy two Chinese submarines’, The Tribune, July 2017 https://www.tribuneindia.com/news/world/bangladeshi-pm-defends-decision-to-buy-two-chinese-submarines/436039.html
[21] MAREX, ‘China and Myanmar Agree to $1.3 Billion Port Project’, The Maritime Executive, November 2018, https://www.maritime-executive.com/article/china-and-myanmar-agree-to-1-3-billion-port-project
[22] Sutirtho Patranobis, ‘Too close for comfort: China to build port in Myanmar, 3rd in India’s vicinity’, Hindustan Times, November 2018, https://www.hindustantimes.com/india-news/china-myanmar-ink-deal-for-port-on-bay-of-bengal-third-in-india-s-vicinity/story-Lbm4IwOMuqrNvXGv4ewuYJ.html
[23] Yuji Kuronuma, ‘India offers Maldives $1bn in loans to help repay China debt’, Nikkei Asian Review, November 2018, https://asia.nikkei.com/Politics/International-relations/India-offers-Maldives-1bn-in-loans-to-help-repay-China-debt
[24] HT Correspondent, ‘Burdened by Chinese debt, Maldives gets $1.4bn aid from India’, Hindustan Times, December 2018, https://www.hindustantimes.com/india-news/burdened-by-chinese-debt-maldives-gets-1-4bn-aid-from-india/story-Pkj50rC9NPZJMUDpjQWkoI.html
[25] Rajat Pandit, ‘India expresses strong opposition to China Pakistan Economic Corridor, says challenges Indian sovereignty’, The Economic Times, July 2018, https://economictimes.indiatimes.com/news/defence/india-expresses-strong-opposition-to-china-pakistan-economic-corridor-says-challenges-indian-sovereignty/articleshow/57664537.cms
[26] Imtiaz Ahmad, ‘Pakistan to repay China $40 billion for CPEC projects: Report’, Hindustan Times, December 2018, https://www.hindustantimes.com/world-news/pakistan-to-repay-china-40-billion-for-cpec-projects-says-report/story-2NquR90EzRtyTj2DZ0l7GP.html
[27] Khaled A. Beydoun, ‘China holds one million Uighur Muslims in concentration camps’, Al Jazeera, September 2018, https://www.aljazeera.com/indepth/opinion/china-holds-million-uighur-muslims-concentration-camps-180912105738481.html
[28] Military, ‘Hangor New Submarines – Type 041 Yuan-class’, Global Security, October 2016, https://www.globalsecurity.org/military/world/pakistan/ss-new.htm
[29, 30, 31] M.K. Venu and Noor Mohammad, ‘Modi Wants India to be a Transshipment Hub. But can it Beat Sri Lanka and Singapore?’, The Wire International, June 2018, https://thewire.in/economy/modi-wants-india-to-be-a-trans-shipment-hub-but-can-it-beat-sri-lanka-and-singapore
[32, 33] Press Trust of India, ‘Sri Lanka reworking MoU to hand over world’s emptiest airport to India’, Business Standard, August 2018, https://www.business-standard.com/article/current-affairs/lanka-reworking-mou-to-hand-over-world-s-emptiest-airport-to-india-report-118080500478_1.html
[34] Business, ‘SL, India sign deal for $ 45 m financial assistance to develop Kankesanthurai Harbour’, FT Sri Lanka, January 2018, http://www.ft.lk/business/SL--India-sign-deal-for---45-m-financial-assistance-to-develop-Kankesanthurai-Harbour/34-647113
[35, 36] Nidhi Verma, ‘Oman denies it has agreed to invest in Sri Lanka oil refinery project’, Reuters, March 2019, https://in.reuters.com/article/sri-lanka-refinery-oman/oman-denies-it-has-agreed-to-invest-in-sri-lanka-oil-refinery-project-idINKCN1R11TK
[37] PTI, ‘China “not narrow minded” to oppose Indian investments in Lanka: Official’, The Economic Times, March 2019, https://m.economictimes.com/news/international/business/china-not-narrow-minded-to-oppose-indian-investments-in-lanka-official/articleshow/68510943.cms
[38] a. Nitin A. Gokhale, ‘With India’s Quiet Support, U.S., Japan Eye Trincomalee Foothold’, Strategic News International, January 2019, https://sniwire.com/neighbours/with-indias-quiet-support-u-s-japan-eye-trincomalee-foothold/; b. P.K. Balachandran, ‘US And Japan Look at Sri Lankan Port to Checkmate China’, The Citizen, August 2018, https://www.thecitizen.in/index.php/en/NewsDetail/index/5/14785/US-And-Japan-Look-at--Sri-Lankan-Port-To-Checkmate-China
[39] Neville Ladduwahetty, ‘Power rivalry in the Indian Ocean’, The Island, June 2018, http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=185557
[40, 41] ColomboPage News Desk, ‘USS Anchorage and 13th MEU Arrive in Sri Lanka’, ColomboPage, August 2018, http://www.colombopage.com/archive_18B/Aug24_1535114770CH.php
[42] Marwaan Macan-Markar, ‘China and US play the Great Game in South Asia’, Nikkei Asian Review, December 2018, https://asia.nikkei.com/Politics/International-relations/China-and-US-play-the-Great-Game-in-South-Asia
[43, 44] Editor, ‘US Navy has bases in Lanka for non-lethal supplies and cargo transfers’, NewsIn Asia, January 2019, https://newsin.asia/us-navy-gets-bases-in-lanka-for-non-lethal-supplies-and-cargo-transfers/
[45] Grant G. Grady, ‘USS John c. Stennis Leverages Logistics Hub in Sri Lanka’, Commander, U.S. 7th Fleet, December 2018, https://www.c7f.navy.mil/Media/News/Display/Article/1706047/uss-john-c-stennis-leverages-logistics-hub-in-sri-lanka/
[46] Ibid.
[47] Ramesh Irugalbandara, ‘Details on secretive US-SL military agreement revealed’, News First, February 2019, https://www.newsfirst.lk/2019/02/22/details-on-secretive-us-sl-military-agreement-revealed/
[48] ColomboPage News Desk, Millennium Challenge Corporation approves $ 480 million grant to Sri Lanka to expand economic opportunities and reduce poverty’, ColomboPage, April 2019, http://www.colombopage.com/archive_19A/Apr26_1556286277CH.php
[49] FT Sri Lanka, ‘Government rejects reports of moves to set up US military base in Sri Lanka’, FT Sri Lanka, January 2019, http://www.ft.lk/front-page/Government-rejects-reports-of-moves-to-set-up-US--military-base-in-Sri-Lanka/44-671699
[50] PTI, ‘Countries in Indian Ocean responsible for its stability: Sushma Swaraj’, The Economic Times, July 2018, https://economictimes.indiatimes.com/news/defence/countries-in-indian-ocean-responsible-for-its-stabilitysushma-swaraj/articleshow/60311911.cms?from=mdr
[51, 53] David A. Anderson and Anton Wijeyesekera, ‘U.S. Naval Basing in Sri Lanka?’, Small Wars Journal, May 2011,https://smallwarsjournal.com/jrnl/art/us-naval-basing-in-sri-lanka [52] Keith Jones, ‘US moves to harness India to anti-China “pivot”’, World Socialist Web Site, March 2016, https://www.wsws.org/en/articles/2016/03/08/pers-m08.html
[post_title] => FPC Briefing: Exploiting an idyll - US, Indian and Japanese efforts to counterbalance China in Sri Lanka [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => exploiting-an-idyll-us-indian-and-japanese-efforts-to-counterbalance-china-in-sri-lanka [to_ping] => [pinged] => [post_modified] => 2019-09-24 11:22:31 [post_modified_gmt] => 2019-09-24 11:22:31 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3321 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [9] => WP_Post Object ( [ID] => 3294 [post_author] => 38 [post_date] => 2019-04-17 15:00:53 [post_date_gmt] => 2019-04-17 15:00:53 [post_content] => As the Brexit process appears to be drawing to an uncertain close, there are still lessons to be learned from the past three years for the United Kingdom and the European Union. The polarisation of political attitudes toward the Union – particularly in the Eurosceptic movement, a phenomenon many now associate exclusively with far-right ideology and nationalism – makes for uneasy reconciliations between opposing viewpoints competing over the Union’s future post-Brexit. But what is Euroscepticism? In the United Kingdom, Euroscepticism now seems to be synonymous with the desire to leave the European Union. However, this was not always the case, nor is it currently the case where Eurosceptic sentiment is concerned elsewhere in the European Union; indeed, the broadening of the term ‘Eurosceptic’ risks lumping together a myriad of distinct political ideologies and (sometimes contrasting) views on European membership, not all of whom are expressly in favour of dissolving or departing the Union, rather reforming it, minimising the centralisation of European government and, crucially, safeguarding Member State sovereignty.[1] In short, not all Eurosceptic movements need necessarily lead to a departure from the Union; indeed, as this article shall argue, a strand of sensible Euroscepticism may represent a healthy balance for the Union’s political composition. Remembering that the Eurosceptic movement was not always defined by the most extreme voices within it may be the key to reclaiming the ‘middle ground’ – and to encouraging a more moderate form of politics which allow for better international cooperation than before. 2016 was a seminal year in European politics; with the advent of Brexit and a surge of far-right nationalism across Europe, fears abounded in Western European policy circles that the departure of the United Kingdom might herald an existential crisis for the European Union as a whole.[2] Certainly the entire Brexit process has ultimately compelled greater introspection within the European institutions than has previously been the case. With populism and right-wing political parties now firmly entrenched in mainstream European politics, there is now more than ever a clear need for the European Union to improve, for want of a better phrase, its marketability in the eyes of its constituent Member States. Not only must it prove its worth to those Member States where anti-Union sentiments run high, it must acknowledge – and find a means to deal with – the fact that it has not always succeeded in making its citizens feel represented at the highest level. By not doing so, it will continue to (however unwittingly) provide fuel for anti-Union sentiment to grow and develop, and for disinformation to permeate, to the detriment of the Union as a whole. These are not easy-fix problems with an immediate answer. There are clear lessons to be learned from Brexit, for the European Union, its Member States, and regional allies. The risk, however, is that not all of them are fully understood in time to prevent another membership crisis. In fact, it may take another membership crisis within the Union to fully understand the circumstances which allowed Brexit to unfold as far as it has done. The roots of Brexit lie in the growth of Eurosceptic sentiment within the United Kingdom and the replacement of moderate politics by polarised ideologies vehemently opposed to European integration and fearful of the spectre of overbearing Union interference in domestic policies. So far, the Union has not done much to provide a positive counter-message to these fears; nor has it adequately tackled the surfeit of misinformation fuelling them.[3] As distasteful as such Eurosceptic views may be to the European elite, it is absolutely essential that they are not wholly ignored – many within the Eurosceptic camp (inside and outside the UK) were driven to such extremes of ideology by perceived failures of the Union to adequately assess the mood of its citizens, such as the Union’s tone-deaf response to the European migrant crisis in 2015 and its attempt to enforce migrant quotas upon Member States.[4] A surge in Eurosceptic sentiment in the Central European nations directly followed, and in the governments of Austria and the Visegrad Four, and restricting migration remains fundamental to many political manifestos today.[5] Although the unpredictable and chaotic way in which Brexit has developed may, by way of example, have discouraged another membership crisis in the short term – as Member States with high levels of Eurosceptic sentiment closely watch how events unfold in Britain – the Union still has some way to go to win back approval in the troubled Central European states, and even still faces significant Eurosceptic sentiment closer to home in France and Italy. Such sentiment seems chiefly to represent a lack of trust in the Union and its intentions, particularly in Central Europe. As of autumn 2018, Eurobarometer notes that negative images of the European Union still persist in Greece, the Czech Republic, the United Kingdom, Italy and France, with a majority of residents of the Visegrad nations (the Czech Republic, Poland, Hungary and Slovakia) displaying a significant lack of trust in the European institutions.[6] The Danger of Complacency Although it is unlikely we will see another membership crisis in the near future, there is still a strong argument to tackle Eurosceptic sentiment within the Union more intelligently and constructively than has previously been the case. In the immediate wake of the British referendum in 2016, it was posited that other Member States might follow suit and attempt to depart the Union. ‘Czexit’, ‘Grexit’ and even ‘Frexit’ suddenly became buzzwords stirring up panic in European circles over the potential consequences of British departure, with some fearing a domino effect of Member States queuing to leave.[7] In Danish politics, the Brexit process was keenly observed with a view toward treating it as a blueprint for a similar campaign toward a referendum on Danish membership. Perhaps unsurprisingly in hindsight – given the chaos and uncertainty into which Brexit has now devolved – no such referendum took place in Denmark.[8] Neither did a domino effect across the Union unfold, nor in fact have there been serious rumblings since 2017 of Member States gearing up for the level of internal debate that might result in referenda on Union membership. One might be forgiven, therefore, for believing that the entire Brexit situation was an aberration, whether brought on by the mishandling of the 2016 referendum by the incumbent government or by domestic party politics and internecine warfare within the Conservative Party in the UK; that it was somehow unique to the United Kingdom and the British way of thinking. Whilst it is true that Brexit, as-is, could only have happened in the UK, it is dangerously out of tune with the reality of political sentiment across broad swathes of Europe over the past three years to dismiss the possibility of another membership crisis occurring elsewhere once the chaos of Brexit has diminished and the severity of the situation has faded over time. Indeed, one of the prime causes of Brexit is a situation that is closely mirrored elsewhere, particularly in the Central European states where Eurosceptic sentiment traditionally runs highest in the Union. The situation is thus: a perceived disconnect from ‘Europe’ – whether by historical and geographical separation, as is the case in the UK, or by linguistic and political history, as is the case in the Central European states – is then galvanised into stronger sentiments by domestic actors scapegoating internal woes, whether economic or societal, upon interference and overbearing legislation by the European Union’s governing institutions. In the United Kingdom and wider Europe this is readily verifiable by the adoption of increasingly right-wing policies and sentiment in both mainstream and fringe political parties.[9] Similarly, the migration crisis of 2015 and the global financial crisis of 2008 both severely damaged European Union integrity in the eyes of relatively new Member States from the Central European region. The ‘Visegrad Four’ – the Czech Republic, Slovakia, Poland and Hungary – became particularly united on the issue of migration, fiercely resisting the concept of a compulsory EU-wide mechanism for relocating refugees during the peak of the 2015 crisis.[10] Indeed, resistance to quotas seen widely as being imposed by Brussels became a common theme in Central European national political campaigns and contributed greatly to Central European mistrust of the Union’s governing institutions. Euroscepticism remains a common theme in all four Visegrad nations today, although to varying degrees.[11] However, attempts thus far to counter the spread of Euroscepticism have been strangely slow and apparently poorly formed. It is telling that in the immediate aftermath of the 2016 UK referendum, nationalism, populism and Euroscepticism were instantly lumped together as a global, seemingly unstoppable phenomenon by those scrambling to unpick the situation.[12] This was a mistake, and one that would be repeated elsewhere; the myriad motivations behind Leave voters in the UK, Front National voters in France in 2017 and (more recently) Matteo Salvini supporters in Italy were not adequately dissected, instead being thrown into the same basket, lumping together themes like racism, nationalism, anti-migration rhetoric, anti-corruption and voter dissatisfaction with mainstream political parties under the blanket term ‘populism’, with those who pandered to such tastes labelled demagogues.[13] An opportunity to correct misinformed voters, counter disinformation campaigns and bring the Union closer to its own citizens was lost by the then-centre ground. Instead, such populist movements and their leaders captured great chunks of dissatisfied voters and shifted the balance of power in European politics; a trend that may well be set to continue in the European Parliamentary elections forthcoming in May 2019. Indeed, with the departure of the United Kingdom from the Union, a much more radical shift to the right may be apparent in the composition of the Parliament. Retaking the Middle Ground The way in which Eurosceptic views have been handled in the academic and political worlds therefore leaves much to be desired. Within pro-European academia there is a striking tendency to equate Euroscepticism with far-right political tendencies, a susceptibility to misinformation (intentional or accidental) and nationalism and xenophobia. This is often, although not always, mirrored in political expression. Although it has not perhaps become fully apparent, the danger of ‘lumping together’ mild Euroscepticism with hardline nationalism and far-right ideology is significant. Why? For two reasons – firstly, politically, that it risks polarising the ‘mild’ Eurosceptics further. By being categorised alongside much more extreme viewpoints, those who hold honest and reasonable doubts over Union membership – benefits for citizens, the accountability of its leaders and fair representation in the European institutions – may feel marginalised and quietly cut off from a means of expressing their concerns, and may therefore be driven into greater extremes of dissatisfaction from which they are vulnerable to far-right demagoguery and targeted disinformation campaigns preying upon existing fears. It is therefore not in the Union’s interest to polarise Eurosceptic sentiment further; the fact that it has so far failed to win over much of this ‘middle ground’ of mild Euroscepticism speaks to its failure in marketing itself adequately to its own citizens. It is no surprise that nationalism and populism has surged across Europe, not just the United Kingdom, in recent years. Secondly, and subsequently, Euroscepticism may be of value to the Union in a way that has not been fully appreciated. Eurosceptic sentiment, properly represented in the European Parliament by elected Members, should represent a check or balance on the Union’s activities, particularly regarding third countries on the fringes of Union membership or on issues splitting opinion, such as the controversial debate over common European defense. On these issues, it is Eurosceptic sentiment that represents a counterbalance to what may be seen as overbearing or hasty Union behaviour either internally or with foreign powers, and – crucially – mild Eurosceptic politicians have historically been outspoken in arguing for the integrity of Member State sovereignty and the preservation of national competencies. Certainly Eurosceptic politicians are not the only ones to speak in favour of preserving national sovereignties; however, by challenging the establishment of the European institutions and presenting the public face for Member State independence, they are uniquely able to appeal to a voter base which might otherwise be absorbed by more extreme political movements. Were the Eurosceptic voice within the European institutions to be better internalised, therefore, and the issues raised by Eurosceptics tackled by more open engagement of the Union with its citizens, the Union would appear more self-aware and better equipped to respond to concerns and fears held by its own citizens and by third countries wavering between closer orientation with the European Union or alignment with other foreign powers. Therefore, Eurosceptics may, perhaps counter-intuitively, be of value to the European Union’s future. Theirs may be a difficult voice for pro-federalists to hear but it is one that must be heard nonetheless. Ahead of the elections for the European Parliament in May 2019, the political pendulum may be swinging back to the centre ground, but it will be a centre that has shifted far further to the right than ever before. The battle for European hearts and minds, so to speak, is one that will continue long into the future, and if the Union wishes to adequately represent its citizens’ views and maintain the support of its populace it must take a much longer view of its own future. The European Union needs to respect the Eurosceptic voice – but not pander to it – in order to rebalance itself and ensure its survival into the distant future. Louis Cox-Brusseau is a political analyst focused on the Visegrad Group of countries. Photo by Klara ovc, published under Creative Commons with no changes made. [1]Laure Neumayer, ‘Euroscepticism in Central Europe’ Central European History and the European Union, January 2007, https://www.researchgate.net/publication/304727668_Euroscepticism_in_Central_Europe [2] Lianna Brinded, ‘Brexit will be the domino effect for more referendums’ Business Insider, May 2016, https://static2.businessinsider.com/ipsos-mori-eu-referendum-poll-brexit-impact-on-more-referendums-2016-5 [3] Centre for European Reform, ‘What is Europe doing to fight disinformation?’, November 2018, https://www.cer.eu/publications/archive/bulletin-article/2018/what-europe-doing-fight-disinformation [4] BBC News, ‘Migrant crisis: Opponents furious over new quotas’, September 2015, https://www.bbc.co.uk/news/world-europe-34331126 and The Federalist, ‘Why The EU’s Court Win Over Migrant Quotas May Be A Pyrrhic Victory’, September 2017, https://thefederalist.com/2017/09/11/eus-court-win-migrant-quotas-may-pyrrhic-victory/ [5] Visegrad Post, ‘Immigration: Merkel Finally Agrees With The Visegrad Group’, Visegrad Post, February 2019, https://visegradpost.com/en/2019/02/08/immigration-merkel-finally-agrees-with-the-visegrad-group/ [6] ‘Standard Eurobarometer 90: Autumn 2018: Public opinion in the European Union’ European Commission November 2018, http://ec.europa.eu/commfrontoffice/publicopinion/index.cfm/Survey/getSurveyDetail/instruments/STANDARD/surveyKy/2215 [7] Jon Henley, ‘Could Brexit trigger a domino effect in Europe?’ The Guardian, June 2016, https://www.theguardian.com/world/2016/jun/10/brexit-domino-effect-europe-eu-referendum-uk [8] The Local, ‘Danish support for EU at record high’ The Local, January 2019, https://www.thelocal.dk/20190104/danish-eu-support-at-record-high-poll [9] Ashley Kirk, ‘How the rise of the populist far-Right has swept through Europe in 2017’, The Telegraph, October 2017, https://www.telegraph.co.uk/politics/2017/10/24/rise-populist-far-right-has-swept-europe-2017/ [10] Aneta Zachová, Edit Zgut, Karolina Zbytniewska, Michał Strzałkowski and Zuzana Gabrizova, ‘Visegrad nations united against mandatory relocation quotas’ Euractiv, July 2018, https://www.euractiv.com/section/justice-home-affairs/news/visegrad-nations-united-against-mandatory-relocation-quotas/ [11] Louis-Cox Brusseau, ‘Euroscepticism in the Czech Republic: A Central European disaster waiting to happen, or hot air?’, Global Risk Insights, August 2018, https://globalriskinsights.com/2018/08/euroscepticism-czech-republic-central-european-disaster-waiting-happen-hot-air/ [12] George Friedman, ‘3 Reasons Brits Voted for Brexit’ Forbes, July 2016, https://www.forbes.com/sites/johnmauldin/2016/07/05/3-reasons-brits-voted-for-brexit/ [13] Ian Bremmer, ‘These 5 Countries Show How the European Far-Right Is Growing in Power’, Time Online, September 2018, http://time.com/5395444/europe-far-right-italy-salvini-sweden-france-germany/ [post_title] => Lessons from Brexit: (Re)balancing Euroscepticism [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => lessons-from-brexit-rebalancing-euroscepticism [to_ping] => [pinged] => [post_modified] => 2019-09-24 11:25:00 [post_modified_gmt] => 2019-09-24 11:25:00 [post_content_filtered] => [post_parent] => 0 [guid] => https://fpc.org.uk/?p=3294 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [10] => WP_Post Object ( [ID] => 3262 [post_author] => 38 [post_date] => 2019-03-11 22:44:36 [post_date_gmt] => 2019-03-11 22:44:36 [post_content] => As Islamic State faces its demise as a territorial unit in the Middle East it is worth considering why it was so attractive to so many Central Asians The spate of attacks by Central Asians overseas in 2017 and the spectre of ISIS emerging in the region after the attack on four foreign cyclists in Tajikistan in July 2018, have generated alarm about Islamic State (ISIS/ISIL) and other jihadist groups in a region with historically very low levels of terrorist attacks. Analysts have sought to identify ‘root causes’ in the region such as the rise of radical or non-traditional Islam, increasing poverty since the end of the Soviet Union coupled with domestic authoritarianism and repression. However, such observations although important need be to unpacked as the reality is more complex. Conditions for radicalization: routes not roots A report from the International Crisis Group in 2015 argued that state repression alongside poverty leads to radicalisation.[1] While these factors may offer a foil for explaining why many of Central Asia’s extremists have left the region for Iraq and Syria, they fail to take into account a range of other conditions that explain radicalisation, both psychological and social. Assessing the psychological processes of the individual might help to shed light on their motivations to terrorist involvements. As seen in the terror attacks in Stockholm and New York, the perpetrators left the country a decade ago.[2] None of them showed tendencies towards extremist or religious behaviours in their home countries. It appears, instead, that they developed such views whilst being abroad. Available research suggests that the large majority of fighters who decide to travel to Syria are labour migrants in Russia and have often been recruited by Chechens in Moscow.[3] This means that we need to look beyond domestic political and economic grievances and look more in-depth into the personal stories of the individuals to understand why Central Asians become terrorists. In Central Asia local and regional identities are more important than national identities. As pointed out by many experts such as Ed Lemon and Noah Tucker, when individuals leave their local communities to travel to Russia for work purposes, they are often cut-off from their familiar communities and network. Disassociated to some degree from home their transcendent identity as Muslims comes to the fore,[4] and may be hardened by the experience of discrimination.[5] When Central Asian migrants move to Russia, they are often faced with socio-economic struggles such as poor living conditions, exploitation, uncertainty regarding their documentation, and physical and racial abuse. Faced with these difficulties, some individuals experience personal crisis and are drawn to the margins of society, becoming more vulnerable to the external influences of terrorist recruiters. Extremist groups recognised this opportunity. As Noah Tuckers highlights, ‘it is clear that both AQ-affiliated groups and ISIS devoted specific recruiting resources to ethnic Uzbeks working in Russia, both online and in real life’. The role of Islam: more complex than one might think The collapse of the Soviet Union in 1991 hugely accelerated an ongoing process of the revival of Islam in the region. The reinvention and restriction of Islam in the late Soviet period, also meant that in the aftermath of the collapse of the Soviet Union, the level of Islamic literacy in the region was very low. The switch from Arabic script in 1926 made Central Asian scholars lose their ability to read the Arabic religious scripts and isolated the region from the Muslim world. The rebirth of Islam in the region offers new opportunities, but also creates new risks. The new connections with the Islamic world brought more extreme interpretations of the faith from abroad, such as Salafism from the Middle East and the North Caucasus. Moreover, Islam has often been viewed as an important social mobilising force challenging the region’s authoritarian leadership. In this regard, radical Islamist activism is perceived as a serious threat to the internal stability of these countries and to the survival of Central Asian secular regimes. The Soviet legacy of atheism means that the new generation of Central Asians didn’t grow up with strong religious traditional education that could form a counterweight to extremism. Yet as argued by Heathershaw and Montgomery there is little evidence that socially conservative Muslims are more likely to be politically radical than more secularised Muslims.[6] As the profile of Akbarjon Jalilov, the suspect in the St Petersburg terrorist attack demonstrates, few Central Asian terrorists are pious or followed a religious education. Most of the Central Asian perpetrators adopted religion (discovered Islam) while being abroad often in a very short period of time. Such observations point out that religion perhaps has little to do with the suicidal attacks but rather is the specific narrative framework within which the recruits could identify and fulfil their aspirations that matter. In this sense, as observed by Oliver Roy, while reflecting in the case of the European jihadists recruits to Islamic State, ‘terrorism does not arise from the radicalisation of Islam, but from the Islamisation of radicalisation’, religious ideology plays very little role here.[7] The response from state authorities: potential cure or proximate cause? In response to terrorist threats, Central Asian governments adopted a series of counterterrorism programs and laws to combat terrorism and religious extremism, often curtailing human rights and the rule of law. Central Asian governments have also been taking advantage of the perceived security threats posed by Muslim radicals to enforce repressive policies domestically. States have repeatedly played the ‘Islamic terrorism’ card to reinforce and legitimate their repressive measures against actors presumed to be a terrorist menace. In Tajikistan the regime banned the only legal Islamic political party (IRPT), in Central Asia in September 2015, naming them as a ‘terrorist organization’. Similarly, in Kazakhstan the regime has designated Democratic Choice of Kazakhstan, a political opposition movement led by former regime insider, Mukhtar Ablyazov, as an extremist organization.[8] Further as the Central Asia Political Exiles Database demonstrates, the regimes target political enemies by labelling them as ‘terrorists’.[9] A similar rationale is applied in the regime’s abuse of the Interpol’s notice system to persecute national human rights defenders, moderate Islamic believers, civil society activists and critical journalists. Under the pretext of religious extremism, states have further portrayed violence linked to local political struggles as ‘terrorists’ attacks. The incidents in Aktobe, in the Western oil rich part of Kazakhstan in 2011 and 2016 have revealed the rising socioeconomic grievances among the population against the government.[10]Both incidents targeted law enforcement agencies. As the incidents demonstrate, the government’s failure to respond to political and economic injustices have affected citizens' inclination to commit violent acts as protests against the government’s policies. The START Database further validates these observations.[11] As the data below illustrates, most of the attacks in Central Asia are targeting government and law enforcement agencies. START Database 2000-2017 Central Asian Terrorist target attacks (%)[12]
The terrorist threat in Central Asia needs to be taken seriously and demands broader engagement in the region. However, as the article illustrates, in Central Asia the ‘threat’ has often been manipulated and exaggerated by state actors to pursue strategic domestic policies and increase regime’s legitimacy. We need to reflect more in-depth on the contested and political nature of terrorism in Central Asia.
[1] International Crisis Group, Syria Calling: Radicalisation in Central Asia, January 2015, https://www.crisisgroup.org/europe-central-asia/central-asia/syria-calling-radicalisation-central-asia
[2] David Gauthier-Villars and Drew Hinshaw, Stockholm Attack Puts Focus on Terrorists From Central Asia, Wall Street Journal, April 2017, https://www.wsj.com/articles/stockholm-attack-puts-focus-on-terrorists-from-central-asia-1491764083 and BBC, New York truck attack: Sayfullo Saipov pleads not guilty, November 2017, https://www.bbc.co.uk/news/world-us-canada-42161549?intlink_from_url=https://www.bbc.co.uk/news/topics/cggpe1p9dwqt/new-york-truck-attack&link_location=live-reporting-story
[3] Daniil Turovsky, How Isis is recruiting migrant workers in Moscow to join the fighting in Syria, Guardian, May 2015, https://www.theguardian.com/world/2015/may/05/isis-russia-syria-islamic-extremism
[4] Noah Tucker, What Happens When Your Town Becomes an ISIS Recruiting Ground?, Central Asia Program, July 2018, http://centralasiaprogram.org/wp-content/uploads/2018/06/Tucker-CAP-Paper-July-2018.pdf
[5] Arne Seifert, The problems of Central Asian migration to Russia, January 2018, https://doc-research.org/2018/01/the-problems-of-central-asian-migration-to-russia/
[6] John Heathershaw and David W Montgomery, The Myth of Post-Soviet Muslim Radicalization in the Central Asian Republics, Chatham House, November 2014, https://www.chathamhouse.org/publication/myth-post-soviet-muslim-radicalization-central-asian-republics
[7] Olivier Roy, Who are the new jihadis?, The Guardian, April 2017, https://www.theguardian.com/news/2017/apr/13/who-are-the-new-jihadis
[8] Eurasianet, Kazakhstan: Court Dubs Opposition Movement Extremist, March 2013, https://eurasianet.org/kazakhstan-court-dubs-opposition-movement-extremist
[9] For more on the Central Asian Political Exiles Database see here: https://excas.net/projects/political-exiles/
[10] United States Department of State, Country Reports on Terrorism 2016 – Kazakhstan, July 2017, https://www.refworld.org/docid/5981e43413.html
[11] The Global Terrorism Database (START) https://www.start.umd.edu/gtd/
[12] Based on author’s own calculation
[post_title] => The state of Islamic threat in Central Asia: assessing the threat of terrorism from Central Asia
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[post_date] => 2019-02-22 17:16:34
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[post_content] => This report finds that recent changes in EU border management have limited refugees’ movement across Europe, and as such, have resulted in outsourcing of refugee settlement and care to states previously described as ‘transit’ countries along the Balkan Route(s): Serbia, Greece and Bosnia. This report analyses the problems related to refugee provisions and accommodation in these countries and along the Balkan Route(s) towards Western Europe. It highlights the disparity of refugee services, housing and living conditions across the region, and acute and ongoing humanitarian crises. The report discusses the key factors affecting poor living conditions for refugees, including: overcrowding, fragmentation of services along the routes, and a lack of consistency in camp management. Subsequently, the report discusses a range of other refugee housing options existing in transit countries - including informal and makeshift camps, squats, hotels and UN-supported housing schemes known as ‘urban shelters’ - and notes the strengths and weaknesses of each. The findings are based on the authors’ field research in Serbia, mainland Greece and the islands of Lesvos, Samos, Chios and Kos, between 2017 and 2019.
A number of key conclusions can be drawn from the report:
(1) Population size and levels of overcrowding are one of the fundamental factors affecting provisions and quality of life in all types of refugee housing. Mainland camps and informal housing provision such as squats, are able to control the number of residents they have whereas island reception centres have far less control.
(2) Relationships between camps, reception centres and third sector provision plays a key role in determining access to healthcare, sanitation, psycho-social support and community spaces and whether these are provided inside or outside of accommodation spaces.
(3) Lack of clarity and transparency surrounding asylum procedures leads to increased anxiety about the process.
(4) Different forms of housing support are dependent on individual circumstances; however, provision lacks flexibility, particularly surrounding vulnerable cases where a ‘one size fits all’ approach is not suitable.
(5) Refugees are driven towards informal housing such as squats and makeshift settlements for two main reasons: poor camp conditions or overcrowding, and uncertainty over the asylum process, including long waits for asylum interviews in Greece.
(6) There is a lack of formal support for people living in informal accommodation, particularly healthcare, food and sanitation.
The report makes a number of recommendations for policy change:
(1) The urgent need to manage the numbers of people living in the island reception centres, by increasing the number of transfers to mainland Greece or elsewhere in Europe; and improving mainland living conditions and provision.
(2) The need for greater transparency and increased dialogue between some reception centres and third sector provision.
(3) Urgent increase in capacity to process asylum registrations in Greece and thus reduce current waiting times and overcrowding in reception centres. More, and better quality of information provided to refugees in the early stages of the asylum process, about each stage, predicted waiting times and what each stage means; to reduce anxiety for people living in reception centres.
(4) Greater flexibility is required in the provision of housing, especially for vulnerable cases where the needs of individuals differ greatly. To achieve this greater resource is required.
(5) Increased funding and support for the UN ‘Urban Shelter’ scheme which transfers refugees from camps and settles them in apartments. Increased capacity of non-camp housing, and creation of incentives for local authorities reluctant to cooperate with the scheme.
Introduction
This report focuses on refugee housing and welfare provision along the key hotspots along the Balkan Route(s). The report draws on field research[1] carried out between 2017 and 2019 in:
For example, on the island of Samos, there are currently (January 2019) over 4000 refugees accommodated in Vathy RIC with an official capacity of 700 and an overflow space referred to as ‘The Jungle’. Similarly, on Lesvos Moria RIC which has its own overflow space, ‘The Olive Grove’. In July 2017, the population of the RIC plus the ‘Olive Grove’ was approximately 7467 individuals, rising to 9000 in 2018 (New York Times, 2018). In January 2019 a single tent, housing 50 individuals, burnt down. While no one was killed in this incident it did reveal the unsuitable nature of the ad hoc shelters resulting from overcrowding (AYS Daily Digest 2019).
Third Sector Provision/Support
The support offered by the third sector differs between the various areas investigated, as does the relationships between camp or reception centre officials, local and national government, and third sector providers. For instance, MSF had a strong presence on Lesvos and Chios. In November 2018 they undertook a vaccination program for all children in the RICs. However, their involvement on Samos is limited as they are unable to carry out these programmes inside the RIC. Whilst the vaccination programme will go ahead it happens outside of the RIC on Samos. Their lack of access to the RIC limits them to working with and supporting volunteer networks and providing funding to smaller grassroots NGOs.
The variations in service availability and quality is evident when comparing Lesvos and Samos. There are more than 40 NGOs working on Lesvos to support the refugee population with some having access to Moria RIC and others working in the neighbouring town of Mytilene and with nearby Kera Tepe and Pikpa camps. Conversely, on Samos, there were until recently fewer than 10 registered NGOs. Against a backdrop of a rapid increase in the size of the refugee population on Samos and a clear need for additional support for provision of basic needs and services (i.e. access to toilets, medical attention, laundry and legal support) this number is increasing. For example, between 2 January – 24 January 2019 the NGO Refugees 4 Refugees set up a distribution centre for women and children while Attika Human Support began distributing clothing to men.
Similar variations in NGOs’ access to official camps exist across the Balkan Route(s). Two official reception centres in the vicinity of Belgrade have completely different arrangements with NGOs. Whilst the Krnjaca Reception Centre hosts multiple local and international NGOs providing a range of services, the Obrenovac Reception Centre with a much larger population, allows access to far fewer NGOs. Authorities claim that access is controlled so as to avoid duplication of services. However, NGOs do also act as watchdogs of camp conditions. Across the region, there is evidence that third party access seems to be more restricted in camps known for poorer conditions.
NGOs need to remain flexible and responsive to changing needs. NGO Samos Volunteers, for instance, is facing over-crowding in its social centre and their basic English language classes have waiting lists. They are not granted access to the RIC. They support the refugee population within ‘The Jungle’. Interviews with Reception and Identification Service officials suggest the reticence for a strong working relationship with NGOs is to ensure that the refugee population are not provided with false hopes from the NGO/volunteer sector about the asylum process. Yet this message is not consistent with those of refugee camps in Athens, for example, which rely on NGO support to deliver mother and baby spaces, community centres, sewing rooms and English lessons.
NGO and support networks are in constant flux, partly as they rely on volunteers. For instance, in July 2018, the voluntary support network on Kos had disintegrated. In January 2019, a number of NGOs including groups from Chios, Lesvos and even further afield in Calais, have put out calls for additional volunteers, since refugees continue to arrive but organisations tend to be understaffed in winter and spring, with most volunteers arriving in the summer.
Population Size
There are significant differences in living conditions in overcrowded camps, as compared to those functioning at or below capacity. Skaramagas, a refugee camp just outside Athens, and the Krnjaca centre in Serbia are seen by residents and NGOs as ‘better’ than many other camps. In Skaramagas, the containers used for the accommodation have heating and air conditioning and the camp offers a range of support and activities, such as mother and baby sessions. The residents are also able to build chicken coops and sell eggs in the camp. The camp has a population of 2000 with around half being under 18. Similarly, the Krnjaca centre outside Belgrade hosted 300 people in 2018, though it has capacity for around 1000 people. This allows minimum camp standards to be met, services not to be overloaded and stretched, and staff to get know most of the residents personally and respond to issues in a timely and more informed manner. The lower populations of camps in Serbia and mainland Greece are often the result of border management policies which mean that fewer people are managing to leave the islands (whilst arrivals continue) and move northwards, as well as through constant changes in the route. The Krnjaca camp ‘emptied’ as the route moved towards Bosnia. Whilst the Krnjaca camp is under capacity, several thousand people are now living in makeshift camps in Bosnia, particularly around the Croatian border.
RECOMMENDATION: Alleviate overcrowding of island camps by increasing transfers to the mainland. Improve all camp conditions to ensure that minimum standards can be met.
The limited continuity of provision and availability of information between geographical regions
Management of refugee camps and reception centres
One of the most significant factors in camp conditions is management. There is a multitude of actors involved: including the military, private sector companies and municipalities, with overall responsibility for camps as a system delegated to relevant national Ministries. The Moria reception centre is run by the First Reception and Identification Services and the Ministry of Migration Policy. The nearby, Kara Tepe, is a refugee camp housing women, children, and vulnerable people, and is run by the Municipality of Lesvos. Pikpa, a ‘community-based space’, is organised by Lesvos Solidarity and offers an alternative to RIC’s and refugee camps. It is built on the principles of solidarity, empowerment and active participation and provides a variety of activities for residents. Both Pikpa and Kera Tepe are widely thought to offer superior forms of accommodation and support in comparison to the far more overcrowded Moria.
Who runs the camp has a direct impact on the lines of communication within the structure itself. Interviews with RIC officials discussed the confusion of the population surrounding their roles: they manage and are the outward facing representative, of the reception centre, but are also viewed by residents as representing the Asylum Services and the Ministry of Migration. Yet they are unable to communicate the decisions of these bodies and have little impact on them. Consequently, there is confusion on the part of the refugee population stemming from inconsistent information, case scheduling and outcomes, the awarding of open cards, and the cancelling of meetings. This in turn, has contributed to a lack of transparency and accountability within the spaces governed by First Reception.
Limited Lines of Communication
There is a lack of effective and efficient communication within and between governing bodies themselves, between governing bodies and NGOs, as well as NGOs and the wider third sector, and, importantly, to the refugee population, particularly on the islands of Lesvos Chios and Samos. This has consequences for the delivery of refugee support.
Refugees are in a precarious position when waiting for a decision to be reached about their ‘open card’ (document allowing travel off of the island hot spots). In the first instance they are informed that their papers are ineligible for renewal. This means one of two things, a rejection or an open card. The time period for confirmation is variable and generates a high level of uncertainty and fear for those awaiting a decision. A quicker process and clearer information would reduce anxiety.
Once an individual is given an open card, there are also concerns about what happens next. Whilst NGO’s such as refugee.info provide certain amounts of information to populations, they are often underserved by UNHCR and First Reception with regards to information sharing. The time and location of the transfer from the RICs are provided but little else. Refugees rely on social media and formal and informal online resources to learn details of their next location.
There is a heavy reliance on rumours and often unreliable information, compounded by inconsistencies in rules of accommodation in different regions. People given a space in mainland Greek camps lose the space if absent for twenty four hours or more. This is less the case in Serbia where it appears that camp residents do not lose their allocated place due to absence (usually attempts to cross borders) even though rules stipulate this should be done. This is again due to under-capacity, but does have a stabilising effect in that refugees are not left destitute and in a precarious situation once they fail to cross borders and return to Serbia.
Unaccompanied minors
A lack of consistent information has a particular effect on unaccompanied minors (UAM), who grow accustomed to the independence of the RICs. Unaccompanied minors leaving the Aegean Islands are given limited information about the next stages of their journey, other than from third sector organisations. As a result many find themselves leaving the NGO support network of the islands and entering major cities of Athens or Thessaloniki with a limited support package in place. Housing provision for UAMs on the mainland relies on a UNHCR system of shelters and apartments run on the ground by a number of different organisations including Caritas and Praksis; partially funded by the European Union. The influence of multiple organisations means that UAMs often fall through the gaps of a heavily bureaucratic system finding themselves, as interviews suggest, struggling with drugs, prostitution and crime. As of December 2018 there were 552 unaccompanied minors reported as homeless in Greece and a further 203 with no reported location, this is a large percentage of 3741 currently known to be in Greece (EKKA, 2018).
In contrast, in Serbia, UAMs have more stable and regular access to a dedicated social worker than in Greece, even when they arrive into Serbia ‘irregularly’. For instance, the NGO network in Belgrade is able to quickly identify and meet UAMs soon after they arrive, and refer them to social workers contracted specifically for UAM protection, who then see them through the registration ad settlement into a centre. Again, the system works better than in Greece due to smaller numbers but even so, there are gaps in UAM protection (particularly outside of ‘office hours’) and each social worker has a high case load.
RECOMMENDATION: Clearer information provided to those seeking asylum. A transparent system for how to communicate and ask for support from officials to better understand the process.
Squats, informal housing, and makeshift camps
Large numbers of refugees have ended up in informal housing and makeshift camps. Reasons include, but are not limited to: poor camp conditions, difficulty accessing camps, not wishing to register in a transit country, or transiting a country without a functional or adequate camp infrastructure (currently, Bosnia, but also Serbia and Greece in 2015).
Informal housing includes squats (occupied or repurposed derelict buildings, often supported by grassroots networks) and makeshift camps and ‘tent cities’ often along country borders. Informal housing sets up more quickly than formal camps or other NGO initiatives, all of which are subject to multiple levels of regulation and governance. Most makeshift camps and settlements have no facilities and rely on volunteers for basic services, but in some cases, local authorities indirectly support them through a lack of intervention or providing additional services such as waste disposal.
Informal housing allows a degree of flexibility, but there are limitations. Despite some informal housing being relatively well established and tolerated by the authorities particularly in Athens, some services (healthcare, tax) do not accept squat addresses as a ‘proper’ address for registration and access to that service. Residents of squats also have no access to services that refugees would normally have when they are registered with the asylum service, such as financial support for food. Conditions in squats vary but many urban squats have sewage, heating or structural problems, and rely on volunteers or residents with carpentry or plumbing skills to resolve them.
Photo ‘Informal Housing’ here, caption: Informal refugee housing (squat) in central Athens.
Makeshift camps often form out of necessity, but are inadequate. Multiple makeshift camps have formed along the Balkan Route(s) as the route shifted – Idomeni in Greece, camps along the Serbia-Hungary border, and more recently, along the Bosnia-Croatia border. The makeshift camps generally have no running water or electricity, nor adequate shelter, food, waste disposal or facilities of any kind other than aid provided by small volunteer groups – local and national governments tend to discourage aid provision on these sites as they claim it creates a ‘pull factor’. Multiple problems exist: smugglers can sometimes ‘seize’ a makeshift camp, or a part of it, and ‘rent’ it out to refugees. Poor or non-existent infrastructure make it difficult for volunteers to provide services such as hot food, and individuals helping near the sites are criminalised or penalised by local authorities.
Makeshift camps and ad hoc informal support (whether organised by refugees themselves or aid providers) are vulnerable as they are ‘unregulated’ or informal. Authorities can invoke any number of regulations to shut them down: evictions, sanitation inspections, or ad hoc restrictions on volunteers. Restrictions on aid near informal sites are also linked to EU funding: for local authorities in transit countries, funding is channelled primarily to camps, border management and the formal sector, meaning that thousands of refugees living informally outside of it, are entirely reliant on volunteer and NGO aid.
RECOMMENDATION: Recognition of residents of informal spaces when registering for healthcare provision and refugee support. Greater support for NGOs and services they provide in informal housing.
‘Urban shelters’ and apartments
The UNHCR ESTIA programme (Emergency Support To Integration and Accommodation) managed to relocate around 27,000 vulnerable people (as of 31st December 2018)[2] from camps in to ‘urban shelters’: apartments that are not only located in cities, but also in some rural areas and islands such as Crete. The programme is run a cooperation between UNHCR, municipalities and third sector providers – the overall responsibility is now being transferred to the Greek national authorities.
Once refugees are identified as vulnerable and relocated out of a camp to an apartment, they are assigned a team which includes a social worker, housing officer and translator, and from whom they receive regular visits. The team meets with residents in their home and helps with issues like liaising with landlords or referring residents to relevant services. Each social worker is assigned a group of apartments/cases to look after and they work exclusively in the ESTIA context (not local social services more generally), meaning that they often get to know individual residents well and can respond to their needs.
Whilst some parts of the scheme work well – apartments are well provisioned, for instance, and the social workers are well trained and responsive – there are issues, however, mostly related to resources.
Screenshot from “5News” report on the drinking water quality in Osh city, 2017
Researchers, including this author, travelled to Osh to conduct a survey on the impact of these projects on gender equality in the city’s public transportation and water sectors in the month of October 2017. The EBRD’s investments in Osh city were largely welcomed and supported by residents who participated in the field survey. The research survey focused on acquiring data based on age, gender and occupation in the public transportation and water sectors. Whilst the gender-mainstreaming study objective was focused on gender inclusion, the survey has revealed the problems with accessibility for disabled residents and recurrent issues regarding school children’s safety in private transportation.
The survey underlines common use of public transportation and municipal water supply. Therefore, it is primarily focused on the EBRD funded projects to improve public services in Osh city. However, the poll results for the private transportation sector outline a whole set of separate challenges in contrast to the city’s public transportation.
In context with the methodology of the research, additional questions have been prepared for the Osh city Mayor’s Office and municipal services. However, the city officials declined to be interviewed citing procedural requirements for the meeting with researchers on initial visit to the Mayor’s administration. In the days and weeks after the first visit, the city administration officials failed to respond in a timely manner or demonstrate their willingness to provide information for this survey during research mission in October 2017.
Nonetheless, researchers established that the EBRD’s objective to ‘improve human resource policies and practices both from equal opportunities and commercially focused perspectives’ had yet to be fully implemented for both project aims to include a gender inclusion component.
Indeed, in a response letter to this study, the EBRD acknowledged the challenges of gender mainstreaming in the Osh city municipality. ‘The Gender Advisory Services Programme for the Osh Auto Public Transport Company started in 2015 and is scheduled to finish in mid-2018. The total cost of the assignment is €179,928. The Programme was developed by the bank after pre-investment due diligence revealed that only 20 of the Company’s 236 workforce were women and only one of their 164 drivers was female. The due diligence revealed that the high staff turnover is one of the big challenges – for example, in 2015 they have reported a loss of 50% of their drivers.’ according to the EBRD.
The research findings in Osh are consistent with the conclusions of the paper ‘Gender Equality Initiatives in Transportation Policy’ authored by Yael Hasson and Marianna Polevoy who found that ‘The travel patterns of women differ from those of men. These differences are linked to gender inequality within the home and the labor market, urban structures, and the processes of socialisation and education. Women and men make different use of a shared system of transportation’.
Gender Inclusion Challenges
According to the bank’s announcement the ‘EBRD-supported gender advisory services programme will see the city’s authorities and the Osh Auto Transport Company work together to offer improved job and career growth opportunities to women in the company’.
EBRD funded public transport project in Osh city, 2017
However, the Osh city development plan 2016-2020 does not stipulate career opportunities for women in the public transportation and water sectors or include objectives for the municipal services in the same period. It does include a chapter which underlines priority for the gender policy and support of women. In the expected outcome, the development roadmap implies more job opportunities will be created for women and youth in Osh, which seemingly has declarative intent rather than a realistic plan based on an agreement.
Furthermore, the Mayor’s Office pledge, in the development roadmap for greater transparency and open access to public and civil society organisations falls short of actual delivery of policy. The affirmed goal of close cooperation with public and civil society regarding evaluation and monitoring of the city development programs raises questions regarding lack of communication in the Mayor’s Office.
The city development plan has a detailed description of expenditure for the public transportation sector which includes modernisation of the bus and trolleybus fleet, introduction of an e-ticket system, staff training and improvement of the technical equipment, but a gender component of the EBRD funded project is not included in the city’s expenditure plans. In a similar fashion, the city’s plans for the Water Company doesn’t include expenditure for an inclusive gender policy.
Previously, the media coverage of the Mayor’s Office roadmap 2016-2020 highlighted deficiencies in the city development plan. The RFE/RL Kyrgyz language service (Azattyk) report stressed the city administration’s immediate focus on infrastructure projects and the lack of human development programs in the plan itself. It is unclear how the city authorities conduct or implement their original development target goals with respect to gender-mainstreaming.
It is even less clear whether a commitment on gender equality is part of the city administration’s long-term planning for the public transportation and water sectors, despite the official narratives.
The research team was unable to verify or observe the EBRD’s ‘work-in-progress’ in the Osh municipal services regarding gender inclusion, due to the city administration’s failure to collaborate with observers on the ground.
Recommendations
Throughout the month-long research, the team has discovered acute concerns and problems regarding functionality of the public and private transportation and water services. Just as in the country’s capital Bishkek, the city of Osh may require expansion of the public transportation routes within city limits in addition to existing geographical coverage.
Among critical concerns which were raised by the survey participants: the discrimination and harassment of pupils in the private transportation sector; unsafe rides on private minibuses underscored by both gender groups; lack of capacity of the existing transportation system due to traffic congestion and the insufficient number of public transportation units; a report of sexual harassment in one specific case; untrained staff in both, public and private transportation; disparity of communication between the authorities and city residents; and an unsatisfactory level of service for the disabled residents in public and private transportation.
Respectively, the Water Municipal Company will require enhancement of the communication policy with city residents which seems inadequate at its present level, more efforts to maintain an uninterrupted supply of water throughout the year, improvement of the quality of drinking water during rainy seasons, cooperation with local civil society organisations and activist groups on the promotion of water conservation practices in the city.
The gender-mainstreaming study objective of the research mission couldn’t be fully achieved as a result of the Osh city administration’s failure to communicate with the team after the Presidential election. It appears the EBRD funds are prioritised on the first-need service basis rather than the long-term strategy goals identified by the EBRD in both the public transportation and water sectors.
It is recommended that the EBRD conducts further consultation with clients on bringing focus back to the gender component in the decision-making process in the local administration and municipal companies; facilitates open access for civil society organisations to the information on gender equality in the municipal companies of Osh city; take steps to undertake annual research and analysis in the public transportation and water sectors based on gender component; improve the city administration’s communication strategy with the public and civil society organisations; include the perspectives of women and youth in the decision-making process; integrate more women in planning and implementation of development plans for the municipal services; and introduce annual target goal parameters for gender equality in the public transportation and water sectors.
This essay summary of a report produced for Bankwatch and available here.
[post_title] => More efforts from the EBRD required to mainstream gender in Kyrgyzstan
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[post_date] => 2018-09-24 14:17:06
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[post_content] => On the eve of China’s ‘4th of May Day’ in 2017, President Xi Jinping announced that “the rule by law is our historical mission.” It is a sentence which harks back to a centuries old legal system which many Chinese have regarded with pride. And yet its utterance was only necessary because, even over 30 years after China began its journey towards a capitalist, rules-based economic system, rule of law is still a source of tension in China. Indeed, many Western commentators noted and mocked the phrase ‘rule by law’ as fundamentally missing the point of ‘rule of law’, even if in Mandarin they mean the same thing.
The central argument of this essay is that Western governments and businesses should take seriously rule of law in China and devote their diplomatic and lobbying powers to seek better Chinese legal institutions. Through examining China’s legal history and exploring recent interactions between foreign investors and China’s legal system, the authors argue that many historical and current diplomatic tensions between China and the West - including the trade war and disputes around intellectual property rights - are related to China’s poor legal infrastructure, which does not meet Western standards of rule of law. Looking to the future, this poses serious problems as China expands its geopolitical visions and looks to export its own values and institutions.
Ultimately, the authors argue that the rule of law has the potential to be an effective point of diplomatic engagement with China. There is an appetite within China and among foreign investors for change, and Xi Jinping’s Government should take advantage of the economic and diplomatic opportunities presented by reforming China’s legal system. Chapter 1 looks at China’s rich legal history and how rule of law has failed to take root in China, giving us the system we see in China today. Chapter 2 looks at contemporary disputes between Western businesses, governments and China, and argues that many of these are closely linked to issues around rule of law. Chapter 3 argues that the rule of law offers an excellent opportunity to engage productively with China and that the opportunity should be seized by Western governments and businesses.
Download the full article here.
About authors:
Johnny Patterson works for a human rights NGO and is studying a Human Rights MSc at the London School of Economics. His research focuses on the rule of law in China.
David Lawrence is Senior Political Adviser at the Trade Justice Movement and previously worked in Parliament. He has an interest in China having grown up there, and previously studied at the London School of Economics and the University of Oxford.
[post_title] => FPC Briefing: Rule of Law in China: A priority for businesses and Western Governments
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[post_date] => 2018-09-18 13:16:12
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[post_content] => China’s draconian approach to the Uighur Muslim minority in its far-western province of Xinjiang is currently – and rightly – receiving a substantial amount of media attention. Less discussed are the vast infrastructural changes also underway in the region, particularly in Xinjiang’s southern city of Kashgar, an economically deprived, religiously conservative and hitherto deeply isolated area, in which approximately 90% of the population are Uighurs. The centrepiece of this construction frenzy is the China-Pakistan Economic Corridor (CPEC). With a total financial outlay of around US$51 billion, CPEC is expected to be completed by 2030, and will connect China’s far-western Xinjiang Province with Pakistan’s Gwadar port via a network of highways, railways and trading hubs, providing China with important trading access to the Middle East and Africa.[1] While the expansion of infrastructural networks will doubtlessly bring significant economic benefits to the region, the possibility of connecting militant and terrorist networks in the two regions presents a substantial security risk for the two states and the wider region.
The level and pace of infrastructural development underway in southern Xinjiang is unprecedented. A railway extending from Kashgar, passing through Afghanistan, Kyrgyzstan and Tajikistan to connect with railways in Iran, is currently in the first phase of construction. A second railway project linking Kashgar with the Uzbekistani city of Pap in the Ferghana Valley is also under construction. Highway projects connecting Andijan (Uzbekistan) with Osh (Kyrgyzstan) and Kashgar are also underway. Xinjiang already boasts the most airports of any Chinese province, and their number is expected to expand from 17 to 28 by 2020.[2] However, the most significant projects in this sphere are part of CPEC: the Karakoram Highway, which links Kashgar with Hassan Abdal in Pakistan and was originally constructed in the 1970s, is being upgraded with parts to be expanded into a 4-lane motorway and extensions to the Khunjerab railway that will also link the Pakistani rail network to China’s Kashgar-Hotan railway, allowing rail links from the Gwadar Port into Xinjiang. In the next few years, Kashgar will become a major transit hub for mainland China, with rail and road infrastructure connecting it directly with Pakistan and Central Asia. This will have far-reaching consequences for the local way of life, which has remained virtually unchanged for centuries.
Perhaps the most significant security threat concerns the expansion of the East Turkestan Islamic Movement (ETIM), the primary terrorist organization driving the Uighur separatist cause, across the region. After al Qaeda and the Islamic Movement of Uzbekistan (IMU), ETIM has become the third largest foreign militant group located on the porous Pakistan-Afghan border region, known as the Federally Administered Tribal Areas (FATA). ETIM is in alliance with local and international militant terrorist organizations, including al Qaeda and the Taliban, not only sharing their ideology, but also operating with their assistance. ETIM’s primary aims are the liberation of Xinjiang from Chinese rule and the implementation of sharia’ in the region, goals which are increasingly shared by the other militant groups in the region. As such, China has become an important target for militant groups, not only for ETIM, but also for al Qaeda and the Taliban.
Following the July 2009 riots in the Xinjiang capital of Urumqi, al Qaeda leader Abu Yahiya al Libi released a video threatening China. Pakistani security officials believe that in the aftermath of the riots, hundreds of Uighurs joined ETIM in FATA. In 2013, ETIM released a video showing Uighur children being trained in militant camps somewhere in FATA. The following year, the IMU’s Mufti al Burmi released a video entitled ‘Let’s disturb China’, in which he directed all militant groups affiliated to the Taliban and al Qaeda to target Chinese interests in Pakistan. Thus, close and expanding connections between Uighur and non-Uighur militants is driving the latter to take up the cause of the former, and growing trade and infrastructural connections between Xinjiang and Pakistan will doubtlessly facilitate militant connections between these groups. Beijing’s current project to transform Xinjiang into what has been termed by Western media reports as a ‘surveillance state’ constitutes its illiberal response to this threat.
Islamic radical organizations are deeply rooted in Pakistani society and militant activities are threatening longstanding Pakistan-China relations. Following pressure from the Chinese leadership to take action against ETIM, in 2014 the Pakistan Army launched a military operation codenamed Zarb-i-Azb. However, although this massive military offensive destroyed militants’ command and control systems in FATA, numerous splinter groups have formed a new command system across the border in Eastern Afghanistan. The battle to eradicate these militant groups is therefore far from over.
Despite popular concern about the growing levels of Chinese activities in Pakistan, with some Pakistani senators comparing CPEC to the East India Company, formal China-Pakistan relations have never been better. Both Pakistani and Chinese leaders have repeatedly referred to their relationship as ‘sweeter than honey’ and ‘stronger than steel’.[3] And the two big Pakistani religio-political parties, Jamiat Ulama i Islam (JUI) and Jamat i Islami (JI) have signed agreements with China. The Pakistani government has even defended Chinese policy towards Muslims in Xinjiang in the Organization for Islamic Co-operation.
Such allegiance by Pakistan to its Communist neighbour is driven primarily by economics: the Pakistani economy is highly dependent on Chinese trade and investment. According to the 2017 edition of the annual government-authored Pakistan Economic Survey, the volume of trade between Pakistan and China, which was approximately US$4 billion between 2006 and 2007, reached an all-time high at US$13.77 billion in 2015-16. Pakistan’s exports to China have increased by almost 200 percent since the implementation of the FTA, from US$575 million in 2007 to 1690 million in 2016, making China the second largest importer of Pakistani goods after the United States.[4] It is highly unlikely that Pakistan will reduce its co-operation with China.
The Chinese authorities are, of course, well aware of the threats posed by this cross-border infrastructural expansion – and the on-going repression of Muslims in Xinjiang must be seen in this context. In Pakistan, the threat against Chinese activity has become so severe that the Pakistani Army has created a special division whose sole purpose is to protect CPEC and its Chinese workers, and comprises nine army battalions, six civil wings and nearly 13,700 personnel.[5] It therefore seems likely that as CPEC gains momentum, so will the crackdowns on those deemed to pose security risks to the high stakes project. And this of course includes the entirety of Xinjiang’s Uighur population. As crackdowns against practicing Muslims in Xinjiang increase, however, the growing infrastructural connections between Pakistan and China will not only facilitate the transfer of goods, but also the transfer of militant and anti-Chinese ideology.
Note: The essay was written by two academics who wish to remain anonymous.
[1] Andrew Small (2017) ‘First Movement: Pakistan and the Belt and Road Initiative’, Asia Policy, 24: 80-87.
[2] Cui Jia (2016) ‘Work to start on rail link with Iran’, China Daily, 15 January 2016. Available at: http://www.chinadaily.com.cn/china/2016-01/15/content_23096031.htm
[3] See Times of India (2017) ‘Our friendship is sweeter than honey: Chinese vice premier to Pakistan’, Times of India, 14 August 2017. Available at: http://timesofindia.indiatimes.com/world/china/our-friendship-is-sweeter-than-honey-chinese-vice-premier-to-pakistan/articleshow/60057468.cms; Tribune (2014) ‘“Pak-China friendship is 'sweeter than the sweetest honey”: Nawaz’, Tribune, 21 April 2014. Available at: https://tribune.com.pk/story/698409/pak-china-friendship-is-sweeter-than-the-sweetest-honey-nawaz/.
[4] Pakistan Economic Survey 2016-17, May 2017. Available at: http://www.finance.gov.pk/survey_1617.html.
[5] Xinhua (2017) ‘Pakistan army chief vows to protect China-Pakistan Economic Corridor’, Xinhua, 11 March 2017. Available at: http://news.xinhuanet.com/english/2017-03/11/c_136121332.htm.
[post_title] => The China-Pakistan Economic Corridor (CPEC) and the Security Risks of Infrastructural Expansion
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[post_modified] => 2019-06-13 15:30:59
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[post_date] => 2018-09-14 09:52:41
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[post_content] => Is Brexit just a choice between the Chequers deal or a ‘hard Brexit’? Supporters of ‘associate citizenship’ believe there is not. The proposed associate citizenship would allow individuals to enjoy some of the benefits of EU citizenship in return for a (likely substantial) fee. While this would undoubtedly bring benefits to those able to take up associate citizenship, it would also have a transformative effect on the concept of citizenship itself, exacerbating existing trends towards transnational forms of citizenship and a reduced role for nation states.
Associate citizenship of the EU will enable UK citizens to ‘buy in’ to EU citizenship.[1] Associate citizens would enjoy access to the same rights as EU citizens but will be required to pay-in to the EU.[2] This proposal has much to recommend it, yet it is likely to prove politically controversial because it will substantially alter the relationship between the individual and the state.
The proposal has been endorsed by Guy Verhofstadt, the European Parliament’s lead on Brexit negotiations and is referred to in the Parliament’s resolution on Brexit,[3] and obtained significant civil society support in the UK. For example, over 300 000 people have signed petitions calling for the inclusion of associate citizenship in Brexit negotiations.[4]
Opponents of associate citizenship argue that it will undermine the Brexit process. For Andrew Bridgen, a Conservative MP and Leave campaigner, it will create “two classes of EU citizen”.[5] Bridgen’s analysis, however, is the wrong way around. Associate citizenship will leave EU citizenship substantively unchanged. Yet it will create two classes of British citizenship: those who enjoy rights in the EU and those who do not. This will alter the nature of national citizenship, establishing a precedent for a form of citizenship that transcends nation-states. This will empower individuals and cities in relation to national governments. The benefits of the proposal are, however, likely to be limited to more affluent urban elites, exacerbating existing social divisions in the UK. This article offers a brief overview of the most significant barriers and likely impacts of associate citizenship, and an assessment of the proposal’s likelihood of success.
What is Associate Citizenship?
The precise nature of associate citizenship is unclear. Any proposal would, in any case, be subject to intensive negotiation before it could be approved. It is possible, however, to identify a few key features likely to be included in any negotiation of a form of associate citizenship. Associate citizens would enjoy a bundle of certain rights and duties. A ‘thick’ form of associate citizenship could include enjoyment of the four freedoms (free movement of goods, capital, services, and persons) and other EU rights subject to the jurisdiction of the Court of Justice of the EU (CJEU). This would likely ease the process of travel from the UK to the EU and provide associate citizens with easier access to EU markets and institutions from the UK. It could also include the right to vote in certain EU elections (although this would require the creation of transnational MEPs, which would require some considerable changes to the current European Parliament’s structures). This would likely come at the cost of a substantial financial contribution by associate citizens. The EU27 are unlikely to grant UK citizens rights in the EU without this. ‘Thinner’ forms of associate citizenship would include some, but not all, of the above but are still likely to come at a significant financial cost.
Associate citizens will likely enjoy a number of political, social, and (perhaps) economic benefits. Access to the four freedoms and other rights will enable associate citizens to travel in the EU, take part in EU political discourse and elections, and interact more directly with their fellow EU citizens. Increased access to EU markets would offer associate citizens economic opportunities not available to those who enjoy only British citizenship. The extent of the benefit enjoyed as a result of associate citizenship would, of course, depend on the thickness of the version of associate citizenship ultimately adopted.
Legal Hurdles
Critics of associate citizenship argue that it is legally impossible.[6] Article 20 of the Treaty on the Functioning of the European Union (TFEU) provides for EU citizenship as ‘co-citizenship’.[7] While national citizenship remains pre-eminent, the individual is a citizen of both their own state and the EU. This is not, however, an insurmountable barrier. It is conceivable that associate citizens would retain their British citizenship as well as their EU citizenship: remaining co-citizens of the UK and EU.[8] A more significant challenge is the likely necessity of treaty change. EU law must be based on the powers conferred in the EU treaties. Article 20 does not, prima facie, appear to confer the power to create associate citizens. A treaty change requires the consent of all member states. It may, however, be argued that the required power is implicit. Article 20 does not rule out associate citizenship, it is merely silent on the matter, meanwhile Article 77 of the treaty empowers the Commission to confer EU passports[9] and Articles 223 to 234 and 314 confer legislative initiative on the Commission and the Parliament.[10] The combination of these powers could form a basis for the argument that the EU already has the power to create associate citizens through its existing legislative processes.[11]
A Challenge to the Nature of Citizenship
Nation states are traditionally the arbiter of citizenship. The state decides who is, and who is not, a citizen, as well as the rights and duties that come with citizenship. [12] This is part of a state’s cultural, social, and political legitimacy.[13] Citizenship and individual identity are interlinked.[14] Our perception of our own identity is heavily influenced by our citizenship because we reflexively understand ourselves as members of a particular group with a particular history.[15] Our membership of these groups is often by our citizenship status. As the ultimate arbiter of citizenship, the state thus plays a role in the formation and re-formation of individual self-understanding. The state is therefore vital to individuals in a social, cultural, and political sense.
As John Urry puts it:
“The concept of society has been central to western notions of what it is to be a human. To be human has meant that one is unambiguously a member of a particular society. Historically and conceptually there has been a strong connection between the idea of humanness and that of membership of a society. Society involves an ordering through a nation-state, clear territorial and citizenship boundaries and a system of governance over its particular citizens.”[16]
Since, at least, 1989 the state’s monopoly on the determination of citizenship has eroded. Social, commercial, and cultural relationships are increasingly transnational.[17] This creates space for informal alternative citizenships. Individuals increasingly self-identify with communities beyond the nation-state.[18] Some national leaders see this as eroding the role of the state and, by extension, their own authority. In her 2016 Conference speech Theresa May attacked those who embrace alternative citizenship identities, arguing that “if you are a citizen of the world, you are a citizen of nowhere”.[19]
EU associate citizenship would represent a quantum change in the nature of citizenship. It would formalise, and further legitimise, alternative citizenship identities. The state would no longer be the ultimate arbiter of citizenship. Individuals would be able to formally elect an alternative form of citizenship that transcends the nation state. The bundle of rights and duties that come with citizenship would no longer be conferred solely by the state. The individual would have the option of additional rights and duties and to formally identify with socio-cultural and, crucially, political communities beyond the nation state. The individual would thus become a co-equal arbiter of citizenship. Associate citizenship would therefore alter the relationship between the individual and the state.
The impacts of associate citizenship
Globalisation
Associate citizenship would empower individuals to interact with a supra-national organisation and with their fellow EU citizens in a manner that transcends the nation state (albeit to a greater or lesser extent depending on whether a ‘thick’ or ‘thin’ version of associate citizenship is adopted). If associate citizenship is taken up by significant numbers of individuals, this will accelerate the transnationalisation of individual relations that has occurred as a result of globalisation.[20] It will consequently erode the status of states at the global level by dispersing the (formerly exclusive) power to confer citizenship status from states to individuals. ‘Globalisation’ is often used in a pejorative sense yet, in empowering individuals and facilitating relationships and identity building beyond the confines of the nation state, associate citizenship will likely have a positive impact.
Cities
Cities play an increasingly prominent global economic and political role.[21] Economic growth tends to be focused in cities and, in the UK, increased devolution has empowered cities to elect their own leaders exercising broad policy making powers.[22] Cities increasingly cooperate transnationally, such as through the C40 initiative on climate change.[23]
In the UK, associate citizenship will further empower cities at the expense of the national government. Cities like London, Manchester, and Birmingham[24] tend to be richer[25] and more pro-EU than rural areas or smaller cities.[26] They thus have both greater means and inclination to benefit from associate citizenship. Associate citizens are therefore likely to be concentrated in major cities. This will incentivise mayors to pursue closer relationships with the EU than those pursued by national government. For the EU’s part, city governments will become an important point of intercession with associate citizens. Cities will thus become increasingly transnational and the role of the national government correspondingly marginalised. Cities are unlikely to participate in EU institutions in the same way as states unless those institutions undergo substantial changes. Their informal role, however, as key intercessors between large concentrations of associate citizens and the EU, combined with a more outward-looking approach to the EU, will give cities an enhanced substantive role.
Social tension
This will exacerbate the existing social and economic divisions in the UK. The economic benefits of associate citizenship will accrue to those who have both the means and inclination to take advantage: wealthier liberals who tend to live in cities. Secondary impacts are likely to be concentrated in cities as well. Urban dwellers already tend to be wealthier than those in rural areas or provincial towns[27] and wealth correlates with likelihood of voting for Brexit and being suspicious about immigration.[28]
Associate citizenship will increase the economic, cultural, and social opportunities of associate citizens, increasing the cosmopolitan attitudes and economic advantages enjoyed by the urban middle class. By contrast, those outside this group, who were already likely to be poorer (and thus unable to afford the – likely – substantial financial cost of associate citizenship) and more anti-European, will be denied these opportunities. The impression will be of one group enjoying special privilege while the other is neglected. This will harden existing scepticism towards globalisation and supra-national bodies like the EU. Associate citizenship is thus likely to further entrench the UKs existing political and socio-economic divides.
The Fatal Flaw: Political Will
While the legal barriers to associate citizenship are not insurmountable, it is likely the project will fail for lack of political will. Those conducting the negotiations have no incentive to advance a project that will marginalise national governments. On the UK side, the national government faces a situation in which the cities most likely to benefit from associate citizenship are either controlled by a hostile political party or an independent minded mayor. On the EU side, Brexit negotiations are overseen by the Council, the body that represents the nation states. While the immediate impacts of associate citizenship will only be felt in the UK, the project as a whole establishes a worrying precedent from the perspective of nation states. It demonstrates that the nation state is no longer necessary as the sole arbiter of citizenship. This exacerbates a trend in which nation states are losing the pre-eminence as both international and domestic actors. There is therefore likely to be little real enthusiasm for the project around the Brexit negotiating table.
Conclusions
The practical barriers to associate citizenship are not insurmountable. The political issues, however, require more careful consideration. The project would undoubtedly empower individuals and cities and, for this reason, has much to recommend it. While it will likely exacerbate existing economic and social divisions in the UK, the root cause of these lies elsewhere. These problems should be addressed, but they will not be solved by opposing associate citizenship. Yet, the projects greatest advantage, that it will redefine the relationship between the individual and the state, is also its greatest political weakness. Those charged with negotiating Brexit stand to lose from associate citizenship. The project is therefore likely to fail for a lack of political will.
[1] The Economist, Can Britons Keep Their Citizenship After Brexit?, April 2017, https://www.economist.com/news/britain/21720631-though-many-would-it-looks-both-legally-and-politically-unlikely-can-britons-keep-their
[2] Ibid.
[3] Guy Verhofstadt, “The EU will defend its interests in the Brexit talks, but will also be generous to British citizens”, The Independent, April 2017), http://www.independent.co.uk/voices/the-eu-will-defend-its-interests-in-the-brexit-talks-but-will-also-be-generous-to-british-citizens-a7674371.html
[4] The largest petition, which closed at 315 934 signatures, can be found on Change.org at https://www.change.org/p/eu-offer-european-citizenship-to-uk-citizens
[5] The Economist, n. 1
[6] The Economist, n. 1
[7] European Union, Consolidated version of the Treaty on the Functioning of the European Union, 13 December 2007, 2008/C 115/01, Art. 20(1)
[8] This would be unprecedented – a concept of co-citizenship with a non-member state does not exist in EU law. Yet Brexit is, itself, unprecedented. It is not unreasonable to assume that the process will require precedent-setting solutions in some areas.
[9] Ibid. Art. 77(3)
[10] Ibid. Art. 223-234 and 314
[11] This paper does not purport to offer a clear solution in this area, merely to highlight the potential for further legal analysis.
[12] See John Urry, Globalisation and Citizenship, 5 Journal of World-Systems Research 2 (1999)
[13] B. Gilly, ‘The Meaning and Measure of State Legitimacy, 45 European Journal of Political Research 3 (2006), pp. 499-525
[14] Anthony Giddens, Modernity and Self-Identity: Self and Society in the Modern Age, (Cambridge; Polity, 1991), pp. 10-34
[15] Urry, n. 11
[16] Ibid., p. 433
[17] Akira Iriye, The Making of A Transnational World, in Iriye (ed), Global Interdependence: The World After 1945, (London; Belknap Press of Harvard University Press, 2014), pp. 679-847
[18] Linda Bosniak, The Citizen and the Alien: Dilemmas of Contemporary Membership, (Princeton, NJ; Princeton UP, 2006), pp. 219-233
[19]Theresa May, Address to the Conservative Party Conference, 4th October 2016, reproduced in The Telegraph, Theresa May’s Conference Speech in Full , October 2016, available at http://www.telegraph.co.uk/news/2016/10/05/theresa-mays-conference-speech-in-full/
[20] Iriye, n. 17
[21] See generally, Richard Child Hill and June Woo Kim, Global Cities and Developmental States: New York, Tokyo and Seoul, 37 Urban Studies 12 (2000)
[22] See Tom Gash and Sam Sims, What Can Elected Mayors do for Our Cities?, Institute for Government, (29th March 2012)
[23] See C40 Cities, available at http://www.c40.org/cities
[24] See, for example, JLL, Greater Birmingham: An Economic Renaissance? September 2014
[25] See, for example, Danny Dorling and John Pritchard, The Geography of Poverty, Inequality and Wealth in the UK and Abroad: Because Enough is Never Enough, 3 Appl. Spatial Anlysis 81 (2010), pp. 81-106
[26] BBC, EU Referendum: Britain’s most Pro-EU and Anti-EU Boroughs, June 2016, www.bbc.co.uk/news/uk-politics-eu-referendum-36616747
[27] Dorling and Pritchard, n. 23
[28] See Matthew Goodwin and Oliver Heath, Brexit vote explained: poverty, low skills, and lack of opportunities, Joseph Rowntree Foundation, (31st August 2016)
[post_title] => Associate EU Citizenship: A Brief Assessment
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[post_content] => As the UK faces the uncertainty of Brexit, this article examines how its policies towards third countries including enlargement, trade, migration, development and energy policies have been mediated through the EU membership. It demonstrates how the UK has used the EU to amplify power, to protect UK interests and security, and to pursue its foreign policy priorities and interests. Finally, it offers some thoughts as to the risks to the UK’s foreign policy influence following Brexit.
A power amplifier
The UK has had a successful history in normatively influencing the EU through its membership. The impact of the UK and the FCO over the last 40 years in ensuring that its ideas are transmitted via a 28-member bloc and its networks across the world should not be underestimated. Some of the EU’s most enduring policies testify to British ideas at the heart of EU decision-making: From Churchill’s European vision which led to the founding of the European movement, to the widening (as opposed to deepening) of the union via its enlargement and neighbourhood policies the UK has been a thought leader on EU foreign policy. The enlargement of the EU in 2004 to admit 10 new members radically altered the centre of gravity and emphasis of the union to Whitehall’s liking[1]. In recent years, the EU has been more Anglo-Saxon than ever in its interactions beyond its borders – and not just because the language of its business is English. EU Free Trade Agreements – often negotiated by UK trade lawyers - draw the interest of trading giants, such as latterly, Canada, the US[2] and Japan. In a number of foreign policy areas, from the Common Foreign and Security Policy (CFSP) which enables the EU to speak with one voice on political affairs in relation to third countries and articulate EU common interests and values, to policies ranging from border control to energy and climate change to development – the EU amplifies British soft power.
Safeguarding UK interests
The EU has played a key role in safeguarding UK interests ranging from sanctions to Justice and Home Affairs (JHA) policy. On the bigger foreign policy questions, including sanctions on third countries following abuses of power and violations of international norms, the UK has been able to draw on collective bloc decisions which favour its position and avoid being singled-out to face negative political and economic consequences, such as export bans on arms/equipment. The EU is also one of the only mechanisms by which Britain can successfully push its pro-sanctions position (notably on Russia and Syria) since sanctions are frequently rendered impossible via the UN route due to Russian and Chinese veto at the UNSC. The departure of the UK has led some allies (notably Scandinavian countries and the Netherlands) to express concern about a possible shift of the balance of power within the EU on EU-Russia policy. It may make the EU common position more susceptible to pressure from Austria, Italy and other governments to weaken the sanctions policy.
The EU has also offered the UK a useful ‘’bad cop’’ in situations where UK bilateral policy is to appease rather than sanction a third country: The June 2018 EU sanctions on Myanmar generals as a result of suspected crimes against humanity against the Rohingya were tacitly supported by the UK as a means of applying pressure for accountability, whilst allowing the UK, the former colonial power, to pursue a pragmatic, pro-engagement bilateral policy toward Aung San Suu Kyi’s Government. In the case of Libya in 2011, the UK benefited from the unanimous endorsement of EU sanctions, which went further than UNSCR 1970 as well as asset freezing[3]. These coordinated moves by EU member states provided political space for more concerted action by the EU’s two military and diplomatic powers, UK and France – even taking into account Germany’s abstention at the UN Security Council.
In contexts where individual EU member states such as the UK are considered partial, the EU is also able to achieve outcomes as an honest broker – notably in the success of the European External Action Service on the Iran deal, and in current mediation efforts by the EU High Representative in the Western Balkans. Through its work on conflict prevention and civilian crisis management, the EU is doing more on the ground than other conflict prevention formats in which the UK has a stake in the Eastern and Southern European neighbourhood: OSCE, NATO, UN or G20. EU civilian crisis management policy is able to do more in Moldova and Georgia than the OSCE (which remains hobbled by Russia) or NATO for whom the region is too politically sensitive to enter. EU Operation Sofia, in the Mediterranean, for all the challenges of its mandate, mounted a serious smuggling prevention operation.
There is great complementarity and burden sharing opportunities for larger EU member states, such as the UK: The EU mission in Libya on border security supports the UK intervention as well as UK national security concerns, just as by analogy the EU Training Mission (EUTM) in Mali supports France. The multinational pool of expertise for EU deployments to these missions supports wider knowledge sharing and transfer. EU civilian crisis management missions provide an outlet for UK policing ideas via their personnel, whereas in other contexts where the UK has a stake but less cultural reach and expertise (for example Armenia and Moldova), experts from Central and Eastern European states do that job. The EU is also effectively providing a security guarantee for Georgia. Despite the UK’s tough stance on Russia, it is not clear that the UK has the geopolitical capital or financial resources to deploy a mission on the scale of, for example, the 200-strong EU Monitoring Mission (EUMM) in Georgia and would not consider doing so alone. The EUMM complements the FCO’s dedicated bilateral funding ‘niche’, supporting conflict-prevention NGOs in the South Caucasus region.[4]
Free-riding on Home Affairs
The EU has also expanded UK influence in relations with partners - at a limited material cost to the UK. The Enlargement process, and the European Neighbourhood Policy and its successor in the East, the Eastern Partnership, have carried weight in partner countries for whom association with the EU means clean water, safe transport, travel opportunities through easier access to Europe, via budget airlines, and the potential to sell goods to a market of, currently, 500 million people.
This leverage has allowed the EU to demand reforms on migration and asylum in exchange for visas for the Schengen area, such as justice reforms or anti-corruption measures in public procurement which, when implemented by neighbouring countries, also benefit the UK down the line. The obligation on partner countries to cooperate with Eurojust and Europol protects the UK. In the EU’s Eastern Neighbourhood, five out of six countries have signed or are negotiating visa facilitation agreements have been obliged to adopt readmission agreements.[5] Since the visa facilitation agreements apply only to Schengen the UK has valid readmission agreements without giving up anything materially. Other EU member states have borne the cost of the reduction from 60 Euros to 35 Euros for a single-entry Schengen visa[6], or for the free visas offered to an extended list of categories, ranging from students to journalists. With its decision to leave the EU, the UK faces the prospect of concluding bilateral readmission negotiations with each of these third countries which may cost it more in concessions on visa. At the same time, it is not clear that Britain alone would have the leverage to negotiate the accompanying reforms, whose implementation is also supported through pooled EU funding, and trade incentives (see below).
Large trading market
The EU as a trading bloc with a single-market has more clout in a partner country than any single EU member state. Britain has long embraced this vision. In the neighbourhood, as elsewhere in the world, the EU facilitates market access and investment opportunities for British companies through its Common Commercial policy. For many countries outside Europe, the EU collectively is the largest trading partner: In 2015 – EU trade with Ukraine was worth 31 billion USD whereas Britain’s trade with Ukraine was 2.1 billion USD[7]. The Deep and Comprehensive Free Trade Agreements (DCFTAs), negotiated with Eastern neighbours, and considered for the Southern neighbours, are modelled on the successful accession process and aim to increase exports and investment through opening new markets. Because standards are high they also protect the EU’s member states including Britain against dumping. Through ensuring that neighbouring countries align their legislation with EU standards, the EU not only opens but transforms markets. DCFTAs aim at transforming societies on the EU’s periphery by demanding reforms in areas ranging from customs practices to taxation to product standards, with broad implications for the fight against corruption and good governance.
As well as the benefits for British companies, Britain can afford to be clear that regulation is both necessary and useful for its foreign policy, both in strengthening the EU internal market in key geo-strategic areas such as energy – see below – and raising standards among neighbours. Britain alone would be less likely to achieve this level of convergence with its legislation, nor be able to offer sweeteners on the scale of the €12.8 billion offered by the EU to support the reform process in Ukraine[8]. This is a political as well as a technical question in a country like Ukraine, where the EU is its largest trading partner and – together with Russia – accounts for 50% of Ukraine’s trade.
Likewise, the size of the EU energy market gives it real clout in the sector. The EU has taken the lead on negotiating MoUs to establish gas pipelines of strategic importance to the EU27, notably the Southern Energy Corridor. The transnational nature of the issue, as well as the scale of collective EU energy demand, means that the EU Commissioner for Energy has more leverage than a single member state. At the same time, EU energy policy, including the Energy Union and particularly the Energy Security Strategy (2014) links the liberalisation of the internal energy market to the achievement of reduced dependence on particular external actors in a way that national policy could not. By launching an anti-trust case against Gazprom in September 2012, the European Commission’s DG Competition has been fighting the corner for British business and British strategic interest through challenging Gazprom’s monopoly[9]. This is an example of where EU single market rules and regulations in competition policy act in the British interest. Further, the EU has established an Energy Community –which is expanding the EU acquis on the security of supply, energy efficiency, oil, renewable energy and statistics to countries ranging from the Western Balkans to Ukraine, creating reliable markets for British companies.
Global development
In development policy, the UK - as a top bilateral development donor, as well as a net contributor to the EU development budget - leverage the EU’s funding, networks and delegations. The EU, together with its member states, is the world’s largest development donor. Much of EU development and humanitarian policy thinking has been shaped by the UK. The Department for International Development (DFID) has used its own leverage as a top donor historically to shape the EU’s development policy focus on health and education in development and prioritisation of the the Least Developed Countries, as well as funding modalities pursued by the EU’s humanitarian assistance department (ECHO), most recently on cash-programming. DFID often works in Joint Actions with the EU, notably in West Africa. EU and UK ‘super grants’ are fostering development outcomes on a greater scale on issues such as infant nutrition, in Bangladesh[10]. With the UK contributing up to 15% of the EU’s Development Fund annually[11] and ‘paying to play’ in setting the EU’s priorities through the fund, the challenge for the UK (and the EU) post-Brexit, will be to make less funding go further in transforming lives and buying change.
Losing out from the divorce
Whether the EU can continue to exercise the power of attraction at the same level without UK membership is an open question. The Union faces a number of political challenges aside from Brexit, including open challenges to its own values from existing members, most notably ins Hungary and Poland[12]. The new long-term budget of the EU is likely to shrink directly as a result of Brexit, and indirectly as other countries seek to use funding leverage to articulate demands[13].
Yet, all the signs are that challenges for Britain as a result of Brexit will be arguably greater. In an increasingly multipolar world, one which belongs to regional trading blocs and bigger countries, it is unclear what advantages can be derived from the UK’s ‘Global Britain’ policy. A pivot to an Asia-Pacific strategy and a rekindling of colonial ties could prove costly, given that the majority of the UK’s trading partners are next door. The EU accounted for 90% of the UK’s trading in 2017, considering that it was the destination for 44% of UK’s exports, with 53% of the UK’s imports coming from the other 27 EU member states[14]. This market of 500 million people allows the UK to enjoy some 50 trade agreements with countries and regions across the world[15]. It follows that post-Brexit bilateral deals struck for a UK market of 66 million people will be harder to come by, and will take time, during which the UK will be subject to high tariffs under basic WTO rules.
A diminished economic power will also face diminishing returns in foreign policy: With Britain on the sidelines – at best being permitted to observe foreign policy ministerial decisions by the EU27 – there will be less potential to influence EU-bloc decisions that are taken into multilateral fora, from the WTO to the Human Rights Council. Although it cannot yet be quantified, the loss of UK influence in Brussels foreign policy decision-making during the Brexit process indicates worst to come. Put simply, the UK risks losing normative and soft power through exiting the club that it has so successfully shaped.
[1] The fact that the 2004 enlargement arguably was a fact in sowing the seeds of Brexit has more to do with successive UK governments’ poor handling of the migration debate than the policies of the new EU members
[2] The Transatlantic Trade and Investment Partnership has so far failed to come to fruition, but negotiations are quietly ongoing and would see the US submit to EU standards whilst uniting the two markets to form the world’s largest trading bloc.
[3] In COUNCIL DECISION 2011/137/CFSP and COUNCIL REGULATION (EU) No 204/2011 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0204&from=EN The EU placed 20 people on its visa ban list in addition to the 6 on the UN list
[4] DFID downgraded the Eastern European countries a few years ago.
[5] These are: Ukraine, Moldova, Georgia, Armenia and Azerbaijan
[6] Currently offered to children under 12 and citizens of: Georgia, Kosovo, Russia, and Ukraine
[7] See: Ukraine Foreign Ministry https://uk.mfa.gov.ua/en/ukraine-uk/trade and DG Trade http://ec.europa.eu/trade/policy/countries-and-regions/countries/ukraine/
[8] For an overview of macro-financial assistance from foreign partners to Ukraine see http://www.aalep.eu/financial-assistance-ukraine
[9] The case was concluded in May 2018 without fines to Gazprom, but with a deal outlining significant concessions by the company designed to break its monopoly, including on price-setting and removal of contractual constraints that had prevented clients from reselling gas
[10] https://everyone.savethechildren.net/articles/tackling-child-malnutrition-bangladesh-suchana-programme
[11] The UK is the third biggest contributor to the European Development Fund, behind France and Germany. See UK Parliament: https://publications.parliament.uk/pa/cm201012/cmselect/cmintdev/1680/168005.htm.
[12] The electoral victory for Matteo Salvini in Italy, and an increasingly right-leaning Austria are a sign of a growing populist challenge to the EU across its member states.
[13] Matteo Salvini has invoked the methods of Donald Trump in threatening to withhold Italy’s annual contribution to the EU budget unless the other Member States enact burdensharing arrangements for the reception of migrants and refugees. https://www.theguardian.com/world/2018/aug/24/eu-dismisses-italys-threats-in-migration-ship-row-suspend-budget-payments
[14] https://fullfact.org/europe/uk-eu-trade/vvbb
[15] European Commission, Memo- The EU's bilateral trade and investment agreements – where are we?, December 2013, http://trade.ec.europa.eu/doclib/docs/2012/november/tradoc_150129.pdf#page=6
[post_title] => How UK foreign policy benefits from EU membership, and the pitfalls of Brexit
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[post_content] => At first sight, EU relations with Switzerland might seem a ‘niche’ topic for a British observer. But in fact current developments are rather important in understanding potential models for the UK’s post-Brexit relationship with the EU, as well as providing insights into some of the difficulties in structuring bilateral relations.
After all, both countries are already highly integrated economically with the EU; at the same time they also grapple with a balance between this and national sovereignty. The Swiss rejected an initiative to begin EU accession negotiations in 2001 by a large majority in a referendum, having earlier rejected (by a hair’s breadth) membership of the European Economic Area in 1992 – issues of national sovereignty are strongly emphasised by Swiss voters and politicians alike, with a strong tendency for discussion of technical matters to become issues of principle. At the heart of the complications in the Swiss relationship are the constitutional provisions for referendums on legislative proposals – allowing the Swiss to retain the sovereignty to conduct such referendums is clearly at odds with the EU’s desire for a common legislative and regulatory framework where single market access is desired. It is easy to see parallels with the UK’s expressed desire for the ability to make its own laws and avoid direct European Court of Justice jurisdiction, while at the same time wishing to maintain the benefits of single market access. Swiss negotiators, too, have noticed that Brexit has heightened interest in whatever deal they are able to strike.
We should not downplay the extent to which Switzerland already co-operates with the EU. It is a member of the Schengen agreement (although that is not without its challenges), allowing free movement without border checks with EU countries. Unlike other members of the European Free Trade Association (EFTA), Switzerland does not enjoy full access to the Single Market (in return for full acceptance of EU law), and instead there is a series of bilateral agreements governing Swiss-EU trade relations. There are two areas in which these are perceived to be inadequate at present. From the Swiss perspective, first, there are areas in which Switzerland would like to see integration with the EU go further (for instance, around equity markets). Secondly, seven Swiss bilateral agreements with the EU are currently affected by a ‘guillotine’, under which if one agreement falls, then, like a house of cards, all agreements cease to apply within six months. This is extremely risky for both parties in a circumstance where Swiss domestic politics may assert itself through a referendum. The EU, too, wants to see change: ever since the Swiss rejected EU accession, EU leaders have urged them to reach an agreement on institutional questions, such as how to update bilateral agreements according to the evolution of EU law (to what extent changes are automatically adopted, for example), and how disputes can be resolved.
The FDP, a centre-right, pro-market political party, which is part of the government and whose member Ignazio Cassis heads the Foreign Ministry, has put forward proposals to break the deadlock that have now been broadly endorsed by the national government. Specifically, Switzerland would agree, in principle, to adopt new EU law provided it had greater influence on EU legislative decisions. These would need to be adopted domestically in Switzerland (with such provisions still having the potential to be defeated by a referendum). If that happened, then there would be a negotiation on compensatory measures between the two countries, and if agreement could not be reached there, an independent court of arbitration would take the final decision. These proposals have received a cautious welcome from Brussels – if adopted, they could perhaps provide a way through the UK’s conundrum of how to reconcile sufficient regulatory alignment to allow an acceptable measure of co-operation and single market access, with ‘red lines’ around national sovereignty and ECJ jurisdiction.
There are further lessons that can be learned from recent Swiss interactions with the EU. First, Brussels has a tendency to become impatient and intolerant of the peculiarities of domestic political processes. A perception of heavy-handedness was generated when it only granted a year’s mutual recognition to Swiss equity traders, rather than the expected ongoing agreement.
Secondly, in both Switzerland and the UK (but increasingly beyond), domestic and foreign policy are become intertwined. This can lead to a certain volatility – for instance, Switzerland’s membership of the Schengen zone has been placed in jeopardy by proposed new measures on handguns (the country might face a referendum on this issue from shooting clubs, and failure to adopt the new Schengen rules would force it out of the zone).
Thirdly, Brexit has complicated the picture for the EU’s relations with third countries. Cassis, when appointed Foreign Minister, decided to spend his first hundred days ‘taking stock’ of the situation. That posed a dilemma for Switzerland – whether to seek to conclude a new agreement with the EU before Brexit or to delay: by going early the Swiss would potentially miss out on concessions that might flow by precedent from a bespoke EU-UK deal and shaped by the UK market’s greater significance; equally, they might avoid unwelcome precedents if the UK ends up with a ‘hard Brexit’. In the end, the country has opted to try to get an institutional agreement with the EU in advance of Brexit (which says something about Bern’s perception of progress on the Brexit negotiations).
Fourth, the Swiss and indeed the UK’s situations are an important reminder that the relations of both EU member states and third countries are driven very much by issues of principle, not just hard economic interests. If only the latter were relevant, Brexit would not have happened, and Switzerland would have compromised on issues of its sovereignty a long time ago.
So we contend that it is important for London’s negotiators to keep looking towards Bern and its dealings with Brussels – there could well be some important tips in how to handle thorny issues of regulatory convergence in areas where single market access is being sought. At the same time, dealings with Switzerland should perhaps give the EU pause for thought about whether it is sometimes rather high-handed in its rejection of concerns about national sovereignty. And both cases prompt us to consider domestic foibles, as well as economic rationalities, when looking to understand relationships with the EU.
Ed Turner is Senior Lecturer in Politics at Aston University and a Research Fellow of the Foreign Policy Centre. Anna Wartmann works for the FDP in Bern. Both write in a personal capacity and the contents of this piece represent their own views.
[post_title] => What Brexiting Britain can learn from Bern
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[post_content] => The 2018 State Security Service of Georgia report[1] set out for the first time, the major objectives of ‘foreign intelligence services’ in Georgia:
These pages were banned by Facebook administrators in May 2018. Soon they re-opened
Neo-Nazi forces start to show up in Georgia since 2015 with the appearance of Georgian Power, followed by the creation of Georgian March, which has been an active organization since 2017. Both staged protests with xenophobic appeals. Georgian Power is a more ideology-oriented entity backed up by the youth, while Georgian March is ruled by former politicians and individuals expressing pro-Russian views (Dimitri Lortkipanidze, Sandro Bregadze, Guram Palavandishvili). They have good relations with Levan Vasadze, a businessman with a Russian background who is also lashing out at the so-called LGBT propaganda.
Though the narrative of the nationalist powers comply with Russian propaganda, it’s difficult to prove that they are funded by the Kremlin. However, it’s evident that Georgian March is similar to the xenophobic marches in Ukraine, Russian and Moldova, therefore it is obvious that they have similar agendas. And the fact of its leadership being comprised of former politicians with obvious pro-Russian views confirms these doubts.
As for Georgian Power, its leader is Nikoloz Burnadze, a US citizen living in the USA, which criticizes Georgian March, saying that pro-Russian people manage this organization, which is unacceptable to him.
A fascist organization Georgian National Unity popped up in 2016, and has already managed to conduct a number of demonstrations with xenophobic messages. Regardless of the differences, all three groups (Georgian March, Georgian Power and Georgian National Unity have consolidated under a national idea of ‘fighting against LGBT propaganda’. They engaged dozens of their Facebook pages to organize their protests.
The page Iberian Unity was created in 2017 and became proactive in 2018. It promotes neo-Nazi ideas and claims that users with pro-Russian or pro-Turkey ideas will be blocked. The page shares posts of other anti-liberal pages, supports demonstrations against LGBT people.
Another Facebook large page, the Anti-Liberal Club, appeared in 2015 and has approximately 44K followers posting homophobic and xenophobic’ statuses’ using disinformation and manipulation. The administrator of the page is Shota Martinenko, who also owns web site altinfo.com, which is used for distributing anti- liberal opinions. Its articles are shared by above-mentioned pages.
Georgian Idea is the Facebook page of a political party with the same title founded in 2014 and participated in 2016 parliamentary elections. The leader is Levan Chachua, who was arrested after a fight at TV Kavkasia in 2010. 3 years later he was released as a political prisoner. Georgian Idea cooperates with Georgian March and other neo Nazi groups, participating in homophobic and xenophobic demonstrations.
A 2016 study prepared by the CPEDEE and the Office of the United Nations High Commissioner for Human Rights (OHCHR), on equality perceptions and attitudes[10] emphasizes that Moldova’s population is still prone to intolerance with regard to different vulnerable groups. The study showed that Moldovans most trust the Church (over 81%) and have the least trust in the justice system (14%), the President (11%), Parliament (11%) and Political parties (10%). According to the study, the most discriminated group in Moldova is the LGBT group. It is followed by persons living with HIV, detainees and persons with mental disabilities. Thus, the study shows that while church is the most trusted institution in Moldova, LGBT people are most discriminated.
Threats to equality
The legal framework regarding equality and non-discrimination is not seen as a positive step by some actors of Moldovan society. The most vocal opponents of the laws on equality are The Orthodox Church under the Metropolis of Chisinau and All Moldova (Moldovan Orthodox Church) and the Socialist Party of Moldova (PSRM). On numerous occasions, they criticized the law on ensuring equality and those that support it. While the Orthodox Church uses this rhetoric based on doctrinal reasons, the Socialist Party of Moldova uses it to gain political capital and as one of the main arguments against European integration.
The position of the Church
The Moldovan Orthodox Church has constantly criticized the law on ensuring equality, both before and since its adoption. The most contentious provision appears to be the one that outlaws discrimination on the basis of sexual orientation. The Church condemned the provision, declaring that it “legalizes harlotry through enabling gay parades and propaganda of the gay life style”.[11]
The Russian Orthodox Church, of which the Moldovan Orthodox Church is part, also expressed its dissatisfaction with the Law. As mentioned in a statement of the Sacred Synod (the highest authority) of the Russian Orthodox Church, the Church “protests against the legalization of evil and the declaration of sinful behaviour as ordinary activity.” It calls on Moldovan authorities to resist “attempts of propaganda of sexual perversion” and to take steps to amend the law in order to comply with the will of the majority of Moldovan citizens.[12]
In 2013, in a statement issued after Orthodox leaders met in Chisinau, the church said that it would call for nationwide protests unless the government amended a law protecting homosexuals, bisexuals, and transgender people from discrimination. The church also expressed its will for new laws against what it calls "immoral propaganda" and a ban on "homosexual, lesbian, transsexual, bisexual, paedophilic, zoophilic, incestuous, and perverse behaviour."[13] Moreover, the Church constantly stands against Gay Prides organized in Chisinau by Genderdoc-M[14] asking for these parades to be banned because of in their view the “absence of any legal, moral and rational reason of such a type of absurd manifestation.”[15]
The above-mentioned positions of the Church encourage and legitimize intolerance, discrimination and hate speech in Moldovan society. That is reflected in the high levels of social conservatism[16] that characterize Moldovan civil society but also in the increasing number of cases of violence against LGBT community. For instance, in 2013 the participants at the Pride couldn’t march more than 10 minutes because of the violence and danger to the public security. Indeed, the “counter-manifestation” organized by different Orthodox groups and associations forced the police to stop the march and to evacuate the participants.[17]
With the aim of spreading its conservative position, the Moldovan Orthodox Church founded or sustains a number of different organizations and groups such as: ‘Tineretul orthodox’ (Orthodox Youth)[18], ‘Asociație Moldova pentru viață’ (the Association Moldova for Life)[19] and the ‘Asociaţia Fericita Maică Matrona’.[20]
The first one ‘Tineretul orthodox’ - is the youth movement of the Moldovan Orthodox Church and includes sub-groups such as the ‘Asociația Studenților Creștini Ortodocși din Republica Moldova’ (Republic of Moldova Christian Orthodox Students Association)[21], a student union that has its headquarters in Moldova State University church.
The Orthodox Youth holds a number of conferences and workshops, as well as organizing the ‘March for life’ in collaboration with the Association ‘Moldova for Life’ and ‘Asociaţia Fericita Maică Matrona’ – an event supporting traditional family values.
Another religious event – ‘March for Families’ was organized by the Moldovan Orthodox Church and its supporters and took place in 2016 to mark the importance of ‘traditional family values’. Its third edition, called the ‘March of Silence’, was de jure a public action for traditional family values, but de facto it was an event organized in collaboration with socialist-linked groups and sustained by President of Moldova Igor Dodon. It was designed as a public manifestation against homosexuality and Gay Pride, took place one week after.
On that occasion, as in many others, the association ‘Asociaţia Fericita Maică Matrona’ had a central role in spreading intolerance based on the idea that it is necessary to fight against the current status quo, called by them the ‘atheist-Satanist system’.[22]In May 2018 this group organized another public demonstration against ‘homosexual propaganda in the Republic of Moldova’ and against a bill that aimed to introduce sexual education courses in schools. The participants marched displaying signs with messages such as ‘Moldova needs normal children’ or ‘Our children should grow up as normal ones, not as abominations.’[23]
As a result, civil society organizations and groups, directly linked and supported by the Orthodox Church promote prejudices and stereotypes, perpetuate intolerance and incite to discrimination among Moldovan society.
Position of the political parties and politicians
The Socialist Party of Moldova (PSRM) is the main political power to stand against equality and non-discrimination laws. PSRM repeatedly expressed its position as a pro-Russian party, which aims to protect traditional family values and fight, so called “gay propaganda”, which, according to them is also promoted by the Laws on ensuring and protecting equality.
In 2012, after the adoption of the Laws, the leader at that time of the PSRM, Igor Dodon challenged the legitimacy of the Laws at the Constitutional Court of Republic of Moldova.[24] The Court rejected his claims as unfounded.[25]
In 2016, the PSRM tried one more time to repeal the laws on equality by introducing an amendment to the Parliament on this issue. Parliament rejected the bill, but the PSRM continues to use the anti-equality law rhetoric, especially in political campaigns.[26]
In spring 2016, the PSRM raised in the Parliament a draft law on ‘gay propaganda’.[27] The draft pending in Parliament aimed to amend two national laws. It would add a paragraph to Article 21 of the Law on the Rights of a Child that reads: “The state ensures protection of a child from the propaganda of homosexuality for any purpose and under any form.” It aimed also to amend Article 88 of the Code of Administrative Offenses to define “propaganda of homosexuality” as: “Propaganda of homosexual relations among minors by means of assemblies, mass media, Internet, brochures, booklets, images, audio-video clips, films and/or audio-video recordings, via sound recording, amplifiers or other means of sound amplification.” The bill was also rejected by the Parliament.
In the 2016 Presidential electoral campaign, Igor Dodon – the candidate from PSRM actively used homophobic and discriminatory speech. It targeted mainly his opponent – Maia Sandu, but also affected 3 major groups: a) refugees/migrants, b) LGBT and c) Unionists (people that advocate for reunion of Republic of Moldova and Romania).
One of the most discussed and controversial events in this regard, related to news that one of the opposition leaders would bring in Moldova 30,000 Syrian refugees if they were to win.[28] This news escalated the prejudice that “aggressive Muslims” will spread all over the country, “rape women and girls and rob locals”. The same rhetoric was used in the 2018 elections for the Mayor of Chisinau, against a pro-European candidate Andrei Nastase. A lot of fake news were making claims that Chisinau will be leased out to United Arab Emirates if Nastase wins. This news was reported as hate speech by Promo-LEX Association.[29]
The Socialist Party (similar to the Orthodox Church) is finances civil society groups and associations with the aim of strengthening and promoting its illiberal positions. An example is the Garda Tînără-Молодая Гвардия” (The Young Guard)[30], the youth branch of Socialist Party, which sustains and pursues traditional and orthodox values as “the only way Moldova has to survive”.[31]
Moreover, the Church linked groups often collaborate with the Socialist linked groups in organizing their protests. In fact, the Garda Tînără participated alongside with the above-mentioned Church organizations and the Foundation Din Suflet Foundation[32] at the March for Families.
All these organizations and social groups nominally promote their own values. However, when analysed from the general perspective, they all share links to the Orthodox Church and/or the Socialist Party and actively promote a Pro-Russian or Anti-European values agenda.
Conclusions and recommendations
In order to tackle social exclusion and discrimination, it is important to understand the processes by which they vulnerable groups are excluded, e.g. inefficient functioning of institutions, behaviour, and traditions, and the specific features that reproduce the prevailing social attitudes, bias, stereotypes and other values.
The main reason for the frequent violations and threats to equality is the lack of efficient mechanisms and commitment, to implement existing policies and international obligations that Moldova undertook to perform.
For this, the authors and their organization Promo-LEX recommends that:
Aida Kasymaliyeva, a female MP in the Kyrgyz Parliament is strongly convinced that politicians and political factions do not see the problem of discrimination of women and gender inequality in the country as a concern and they de-facto oppose real progress with women's rights. [20]She insists more women in local councils, Parliament and Government will ultimately bring badly-needed change and draw attention to procedural changes that may assist women’s participation in Parliament.
Female lawmaker said: "From 2020, the law will work, when instead of the woman who left the party list, a woman comes on the list, and instead of the next placed candidate if they were - men. This bill was drafted because women came to the parliament on a 30 percent quota, but they were easier to "expel" from the Jogorku Kenesh [parliament] because of the lack of clan and financial support. Let's see how the law works. And now in the parliament, a group of women are working on the reservation of 30 percent of seats in ayil keyesh [local council]. From year to year, there are fewer and fewer women in local councils, the statistics are depressing. Our goal - 50/50, not a thirty percent quota. But if we talk about reality, it will be extremely difficult to achieve it."
Kasymaliyeva stressed that religious and conservative groups play a role in formulating negative public opinions regarding the rights of women. "They [both groups] strongly influence young people, values and the formation of negative stereotypes about the activity of women" she said.
Steve Swerdlow, Central Asia researcher for Human Rights Watch, believes women activists in Kyrgyzstan and the greater post-Soviet region face difficult tasks in the process of defending their rights. “Truly confronting the serious violations of women’s rights in Central Asia - severe domestic violence, sexual harassment and sex discrimination in the workplace, rampant sexism and economic inequality, the lack of proportionate political representation - requires challenging the very structures of Central Asian society and the most powerful entrenched systems of patriarchy that form their foundation" he replied in comments for this essay. "This is why women’s rights activists in the region have a truly revolutionary task at hand. They face resistance from many corners, including political bureaucracies, religious authorities, but also sometimes even from other women and people who have not been exposed to an understanding of feminism”.
Picture: [21]
Kyrgyzstan has also been known in the international community for its controversial and widely-accepted practice of abducting and forcing women into marriage, known in popular culture as ‘bride-kidnapping’. The scale of it can be beyond conventional wisdom and comprehension to many observers outside the Kyrgyz Republic. "Between 16 and 23 percent of women in Kyrgyzstan are abducted for marriage, but the rate is much higher among ethnic Kyrgyz where a third of all marriages are due to kidnapping." concluded a 2017 Duke University study.[22]The Women Support Centre in Kyrgyzstan reported that number of kidnapped women reaches nearly twelve thousand annually.
The United Nations Committee on the Elimination of Discrimination against Women, the body that oversees implementation of the Convention on the Elimination of Discrimination against Women (CEDAW), in its 2015 report on Kyrgyzstan urged the Central Asian nation's government to do more to stop the "persistent abduction of women and girls for forced marriages".[23] The UN Committee was especially alarmed by the high number of forced marriages and bride-kidnapping cases in Kyrgyzstan.
International organizations slammed the government of Kyrgyzstan in recent weeks for doing little to stop bride-kidnapping following the latest incidents in May-June. 20-year-old medical student Burulai Turdaliyeva was murdered by her abductor in a failed attempt of bride-kidnapping.[24] Within weeks after the deadly kidnapping, 18-year-old woman was abducted in the country’s capital and raped by her kidnapper.[25] “The Kyrgyzstani authorities must take action to promptly bring all alleged perpetrators of these violent and abhorrent crimes to justice, and send a strong message that gender-based violence will not be tolerated,” said in a statement by Amnesty International when it reacted to violence against women in the Kyrgyz Republic.
Subsequently, the kidnapping and forcing women into marriage is a crime in the Central Asian nation that can carry prison sentences of up to 7 and 10 years for bride-kidnapping. “But in reality, it goes unpunished, there is a kind of impunity for this crime in the country.” in its report stated The Forum of Women’s NGOs of Kyrgyzstan.[26] Indeed, only one out of 700 abduction cases is investigated and only one out of 1500 bride-kidnapping crimes leads to sentencing in courts of law for the entire country according to a UN Women assessment.[27] The Forum of Women's NGOs of Kyrgyzstan believes that the main factors of bride kidnapping are “patriarchal acceptance”, deeply-entrenched “social stereotypes”, “poverty and low social status of victims.”[28] A UNFPA survey in 2016 showed that widespread abduction of young women for forced marriage persist due to the existing “customs and traditions” in Kyrgyz Republic. UNFPA polling indicated that the “vast majority of women (81%) and men (78%) in Kyrgyzstan are negative about bride abduction. At the same time, approximately similar number of women and men (4-5%) are positive about women abducting for marriage and nearly 11% of women and more than 14% of the men are neutral.”[29]
Strikingly, the dysfunctional judiciary of the Kyrgyz Republic is only exacerbating the issue. Amnesty International report indicated that ‘64% of police officers in the southern city of Osh consider ‘bride kidnapping’ to be ‘normal’ and 82% of them believe that the abduction is ‘provoked’ by the women themselves’.[30] Women’s rights groups are strongly convinced that despite the ratification of international conventions on women’s rights including CEDAW and criminalizing the act of bride-kidnapping, access to justice for victims of bride-kidnapping has not improved. Kyrgyz women’s rights non-governmental organizations believe deterioration of the situation with women’s rights is part of Kyrgyzstan’s challenging transition process after the collapse of the Soviet Union.
The Forum of Women’s NGOs argues the combined effect of the loss of communist ideology and an increasing impact of the religion in the Kyrgyz Republic resulted in a tendency that is designed to “narrow down women’s roles into positions limited to the role of only mother and wife, thus limiting educational, economic and political rights and opportunities for women in the society”. This assessment highlights the rise of anti-women’s rights conservative politicians and nationalist movements; and growing influence of religious figures that are promoting travel bans for young Kyrgyz women, calling for approval of polygamy nationwide and engaging in political campaigning against the law on reproductive rights in Kyrgyzstan.
The ultimate question then, is what can be done to reverse the trend and sustain efforts to make real progress with women's rights in the Kyrgyz Republic? The country's donors and global organizations must concentrate their efforts on the transparency of aid distribution at all levels of the Kyrgyz state which is the beneficiary of foreign aid assistance programs that are tied to supporting women's rights initiatives as well. Kyrgyzstan has a vibrant civil society, including women's rights NGOs that can effectively contribute to the successful delivery of assistance programs on the ground. It is crucial that international organizations should proactively engage in a long-term cooperation and continuous dialogue with the women's rights groups.
International development banks, such as European Bank for Reconstruction and Development (EBRD), World Bank, Asian Development Bank and many other financial institutions that are operating in this Central Asian country could play a positive role through their projects that must include gender equality as part of the required procedure. There are good examples of gender mainstreaming in Kyrgyzstan such as EBRD financed gender inclusion project in the municipal services of the second largest city of Osh.[31] However, the local women's rights activists and NGOs have been critical of ‘financing gender equality commitments’ in Kyrgyzstan due to ‘methodological difficulties on differentiation and integration of financial resources allocated for gender development. The analysis of foreign aid strategies in terms of gender integration showed weak coordination of donor policies and the absence of mandatory accounting and transparency of aid flows in support of gender equality’.[32] Kyrgyzstan has received more than $9 billion in foreign loans (72%) and grants (28%) for social-economic development over the period of two decades.[33]
Human rights observers say western states and many other governments who traditionally have supported women’s rights in the region need to increase their commitment to programs for early childhood education for girls and women’s empowerment in Central Asia. Steve Swerdlow argued that "they should contribute funds to supporting domestic violence and gender-sensitive training for police. Tajikistan is a good example, where a 2013 law to combat domestic violence on its face is relatively forward-looking and the OSCE has provided gender-sensitive training to staff several police stations with female police officers trained in handling domestic violence complaints. We should see more international support for such initiatives, including further support for shelters and service providers."
Essentially, it is important for the international community to determine whether the previous decades of insufficient attention to the rights of women in Central Asia may have had a negative impact on the social and political development of the landlocked region. And as the global women’s rights movement is gaining momentum around the world, there is an opportunity for the international organizations to increase support and assistance to the women's rights groups and organizations in the politically unstable region to promote gender-friendly policies in the state branches and protect the rights of women from an aggressive nationalist-conservative agenda and religious fundamentalism.
About the author: Ryskeldi Satke is a journalist and independent researcher based in Bishkek, Kyrgyz Republic. He wrote and published reports from Central Asia and Mongolia with international research institutions and global news organizations. His most recent policy-briefs on the regional topics include -“Between East and West: Kazakhstan and China’s new Silk Road”; Barcelona Centre for International Affairs; 2015; “Kyrgyz Republic’s experience with investment treaties and arbitration cases”; Transnational Institute; 2017.
[1] UNDP, Case Study on combating gender inequality in political participation in Kyrgyzstan, October 2016 http://www.kg.undp.org/content/dam/kyrgyzstan/Publications/gender/Case%20study_Eng10Oct2016.pdf
[2]"- ‘’Precedent Partner Group’’: How can ‘Kyrk Choro’ grow? ( in Russian) The Evening Bishkek, February 2015
https://www.vb.kg/doc/301989_precedent:_vo_chto_mojet_pererasti_kyrk_choro.html
[3] Kyrk Choro" - pro-government project? RFE/RL's Kyrgyz Service (Azattyk), July 2015
https://rus.azattyk.org/a/27133965.html
[4] Ibid.
[5] Understanding Illiberal Sentiments of Kyrgyz Youth; Gulzhigit Ermatov; Central Asia Program, Institute for European, Russian and Eurasian Studies, Elliott School of International Affairs The George Washington University; 2017, http://centralasiaprogram.org/wp-content/uploads/2015/11/Kyrgyzstan_.pdf
[6] Astra Youth, Law on reproductive rights in Kyrgyzstan signed, August 2015 http://www.astra.org.pl/youth/news/289-law-on-reproductive-rights-in-kyrgyzstan-signed.html
[7] - Tursunbay Bakir Uulu is planning to run for President ( in Russian) Kloop, June 2017 https://kloop.kg/blog/2017/06/24/tursunbaj-bakir-uulu-planiruet-ballotirovatsya-v-prezidenty/
[8] A member of the Parliament suggests the legalization of polygamy,(in Russian) Knews, September 2016
http://knews.kg/2016/09/08/parlamentarij-vnov-predlagaet-uzakonit-mnogozhenstvo/
[9] Law Journalist.kg ,Who is allowed to have a second wife?(in Russian), September 2016
http://law.journalist.kg/2016/09/27/komu-dozvoleno-brat-vtoruyu-zhenu/
[10] CACI Analyst, Feminist Activist Attacked in Osh, Kyrgyzstan; March 2014;
https://www.cacianalyst.org/publications/field-reports/item/12938-feminist-activist-attacked-in-osh-kyrgyzstan.html
[11] My first wife is upset a little' - Kyrgyz scholar on polygamy; Sherie Ryder and Maruf Siddikov; BBC Social News and BBC Monitoring; November 2017; http://www.bbc.com/news/blogs-trending-42150072
[12] A Muslim Cleric brings ‘polygamy’ onto the agenda once again , RFE/RL's Kyrgyz Service (Azattyk), June 2017
https://rus.azattyk.org/a/28542667.html
[13] Kyrgyzstan: female journalist asks president to legalize polygamy, The Times of Central Asia, February 2018
https://www.timesca.com/index.php/news/19300-kyrgyzstan-female-journalist-asks-president-to-legalize-polygamy
[14] Most of population of Kyrgyzstan against polygamy, 24KG, July 2017 https://24.kg/english/58356_Most_of_population_of_Kyrgyzstan_against_polygamy/
[15] Prohibition for girls under 26 to work abroad proposed in Kyrgyzstan; Current Time; April 2018;
https://www.currenttime.tv/a/29187588.html
[16] Girl Travel Ban Passed in Kyrgyzstan; Aigul Kasymova; CACI; 27 August 2013; https://www.cacianalyst.org/publications/field-reports/item/12795-girl-travel-ban-passed-in-kyrgyzstan.html
[17] Women and children from Kyrgyzstan affected by migration, An exacerbated vulnerability; FIDH; September 2016;
https://www.fidh.org/IMG/pdf/rapport_kyrgyzstan_uk-2-web2.pdf
[18] Legal barriers to women’s participation in the economy in the Kyrgyz Republic; EBRD; October 2015;
https://www.ebrd.com/documents/admin/legal-barriers-gender.pdf
[19] EBRD (2015)
[20] Aida Kasymaliyeva MP was interviewed for the purpose of informing this essay.
[21] From Bhakti Patel, A Troubling Tradition: Kidnapping Women For Marriage In Kyrgyzstan! Bride-kidnapping in Kyrgyzstan, image d.haberay.net http://womenpla.net/troubling-tradition-kidnapping-women-marriage-kyrgyzstan/
[22] One in five girls and women kidnapped for marriage in Kyrgyzstan: study, Reuters, August 2017; https://www.reuters.com/article/us-kyrgyzstan-women-bride-kidnapping/one-in-five-girls-and-women-kidnapped-for-marriage-in-kyrgyzstan-study-idUSKBN1AH5GI
[23] Convention on the Elimination of All Forms of Discrimination against Women; Committee on the Elimination of Discrimination against Women; Concluding observations on the fourth periodic report of Kyrgyzstan, March 2015, https://digitallibrary.un.org/record/791384/files/CEDAW_C_KGZ_CO_4-EN.pdf
[24] Young Woman’s Murder in Kyrgyzstan Shows Cost of ‘Tradition’ Human Right Watch, May 2018 https://www.hrw.org/news/2018/05/31/young-womans-murder-kyrgyzstan-shows-cost-tradition
[25] Kyrgyzstan: New rape case highlights need for immediate action to end appalling “bride kidnapping” practice, Amnesty International, June 2018 https://www.amnesty.org/en/latest/news/2018/06/kyrgyzstan-new-rape-case-highlights-need-for-immediate-action-to-end-appalling-bride-kidnapping-practice/
[26] Access to justice for victims of bride kidnapping in Kyrgyzstan, Forum of Women's NGOs of Kyrgyzstan, 2011 https://www.karat.org/wp-content/uploads/2012/01/Access_to_justice_Report_Kyrgyzstan_en.pdf
[27] New law in Kyrgyzstan toughens penalties for bride kidnapping, UN Women, February 2013
http://www.unwomen.org/en/news/stories/2013/2/new-law-in-kyrgyzstan-toughens-penalties-for-bride-kidnapping#edn1
[28] Access to justice for victims of bride kidnapping in Kyrgyzstan, Forum of Women's NGOs of Kyrgyzstan, 2011 https://www.karat.org/wp-content/uploads/2012/01/Access_to_justice_Report_Kyrgyzstan_en.pdf
[29] Gender in Society Perception Study, National Survey Results 2016 https://kyrgyzstan.unfpa.org/sites/default/files/pub-pdf/GSPS_english.pdf
[30] Kyrgyzstan: New rape case highlights need for immediate action to end appalling “bride kidnapping” practice, Amnesty International, June 2016, https://www.amnesty.org/en/latest/news/2018/06/kyrgyzstan-new-rape-case-highlights-need-for-immediate-action-to-end-appalling-bride-kidnapping-practice/
[31] First EBRD-financed buses arrive in Osh, Kyrgyz Republic; EBRD; December 2016; http://www.ebrd.com/news/2016/first-ebrdfinanced-buses-arrive-in-osh-kyrgyz-republic-.html
[32] Strengthening foreign aid effectiveness in Kyrgyzstan; 24KG; March 2014; https://24.kg/archive/en/bigtiraj/169423-news24.html/
[33] The Downside of Foreign Aid in Kyrgyzstan; The Diplomat; June 2017; https://thediplomat.com/2017/06/the-downside-of-foreign-aid-in-kyrgyzstan/
[post_title] => Illiberal forces put women’s rights under strain in Kyrgyzstan
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[post_content] => The focus of civil society research in the social and political sciences has, for the most part, been on progressive and liberal groups and movements who defend the cause of equal human rights against an unjust state or against oppressive majorities. Progressive norm entrepreneurs trigger debates in the course of which general principles of human rights, such as equality, justice and non-discrimination, become framed as concrete values and demands. A classic example of this is the expansion of the principle of equality from male citizens to all adult citizens through women’s suffrage. The norm entrepreneurs, in this case, were women’s movements. Another example for norm entrepreneurship are gay and lesbian movements, who have become increasingly successful in seeing their demands of equality and non-discrimination written into the law of most Western democracies. Both stories exemplify how a general principle becomes framed in terms of concrete values and demands and how the issues raised eventually translate into new policies. ‘Norm cascade’ is the term which the political scientists Martha Finnemore and Kathryn Sikkink have used to describe this dynamic.[1] Human rights principles need active, discursive and legal implementation, which is always rooted in the choices and actions of concrete actors.
Today we have to concede that the focus on progressive, liberal civil society in the literature on norm entrepreneurship has been one-sided. Besides liberal NGOs actors on the right also mobilize. The concerns of these groups vary from anti-immigration to gun-promotion, from anti-abortion to religious exemptions. Illiberal civil society uses the very same mechanisms and strategies as a progressive civil society: actors create NGOs and transnational platforms, they employ lawyers and lobby politicians, as well as using the internet and media to attract new followers. In this contribution, I pick out one such illiberal civil society organization – the World Congress of Families (WCF) – and look at its role in two of the countries that are the focus of this compilation: Georgia and Moldova.
The WCF organizes international and regional congresses in support of the ‘natural family’ across Europe, the United States, and the former Soviet Union. It was founded in 1997 by American and Russian partners, with the Howard Center for Family, Religion, and Society from Rockford, Illinois being the main driving force for the first ten years. The Russian engagement in the WCF coordination became prominent only after 2010. In that year, the late Larry Jacobs, at the time the WCF’s managing director, traveled to Russia on an official visit to speak at an event organized by the Russian pro-life organization Sanctity of Motherhood. “We were delighted by the support we found there”, Jacobs was quoted in the media after this trip. “Russian pro-life/pro-family forces are eager to cooperate with their counterparts in the West. Given its traditional support for faith and family, Russia will play an increasingly important part in the international struggle to preserve the natural family”.[2] The WCF so far has organized two international congresses in the former Soviet Union; one summit in 2014 in Moscow, the other 2016 in Tbilisi. The 2018 Congress will take place in the capital of Moldova, Chisinau, in September.
The World Congress of Families is the American Christian Right going international. Since 2016 the WCF has become a chapter of the International Organization for the Family (IOF). The organization does not self-identify explicitly as Christian, but the religious character is evident. Congresses are attended by Christians of all denominations, including Mormons, and occasionally also Muslims are invited. The IOF mission statement includes a plea to ‘protect freedom, faith, and family’.[3] Orthodox Christians from Eastern Europe are newcomers in this circle, and they are setting their own agenda.
The local partners for the Moscow and Tbilisi summits were wealthy businessmen, Konstantin Malofeev from Russia and Levan Vasadze from Georgia. The Moscow Summit was also co-sponsored by the organization Sanctity of Motherhood, which is headed by the wife of the Russian oligarch, and former head of Russian Railways Vladimir Yakunin. Malofeev and Yakunin are on the international sanctions list imposed on Russia after the annexation of Crimea in 2014. The three businessmen present themselves as committed Orthodox Christians: Malofeev runs the St. Basil the Great Charitable Foundation, which sponsors, among other things, an Orthodox private school and a TV-station that promotes Russian Orthodox statehood (tsargrad.tv)[4]; Yakunin is the head of St. Andrew the First Called Endowment Fund, which finances several programs, among them the Russki Mir Foundation and the Sanctity of Motherhood pro-life network[5]; Vasadze likewise founded an Orthodox private school in Tbilisi[6]. Both Vasadze and the Russian WCF representative Alexey Komov have studied in the United States, they know Western languages, culture and politics, and they have adopted the habitus of American Christian conservatives. Now they are importing the American culture wars into their home countries.
WCF congresses are networking events for social conservative activists, professionals and politicians from across the US, Europe and other parts of the world. Liberalism is the declared opponent. For American participants, the enemies are progressive liberals in their own country. The enemy for the Eastern Europeans is the European Union. The few Western European participants, almost all from the far-right spectrum of the Catholic Church, feature in the WCF congresses as token victims of the EU. A French participant at the Tbilisi Congress went on record in front of a Georgian TV station saying: “Do not join the EU, the EU will destroy your families”, and a notorious German anti-gender activist, Gabriele Kuby, frightened the Georgian audience with the (false) statement that the EU would impose a school curriculum that teaches masturbation.[7] One politician present in Tbilisi in 2016 was Igor Dodon, now the pro-Russian president of Moldova and the host of this year’s congress.
For the Eastern European sponsors of the WCF events in Georgia and Moldova the ideological battle clearly goes beyond family questions. The larger context is the question whether their countries should orient their political and economic development westwards or eastwards, towards the EU or towards Russia. The way westwards is depicted as capitalist, immoral, anti-religious and anti-family, the way eastwards as path of salvation, complete with state-regulated (and not global capitalist) economies, morality, Orthodox religious education and demographic growth. A recent speech by Vasadze in Moldova published by Visegrad Post outlines the economic and political side of the program.[8] What makes this agenda new with regard to the anti-Westernism of the traditional Orthodox, Russian or Soviet kind is that this anti-liberalism identifies allies in the West. It is not the West as such that is rejected, but the ‘liberal West’. Social conservatives of all denominations from the West are welcome partners.
This alliance with the Western Christian right constitutes a real innovation in the context of rampant Orthodox anti-ecumenism. The strong message of political support that is sent out by church leaders who attend the WCF cannot be underestimated: just consider that Patriarch Ilia of Georgia, who merely conceded an airport meeting to Pope Francis on his visit to Georgia in 2016, made a personal appearance at the WCF summit in Tbilisi, and that Patriarch Kirill of Moscow announced that he would attend the congress in Chisinau in September 2018. If he will make true on this promise, he will also send a message to the Romanian Orthodox Patriarchate of Bucharest, which competes with Moscow over canonical jurisdiction in Moldova.
The WCF is a social conservative caravan of always the same people and topics that tours different cities: Prague 1997, Geneva 1999, Mexico City 2004, Warsaw 2007, Amsterdam 2009, Madrid 2012, Sydney 2013, Moscow 2014, Salt Lake City 2015, Tbilisi 2016, Budapest 2017, and Chisinau 2018. The congresses in Eastern Europe, at least those I have followed more closely, have always served a dual purpose of launching a political message and of boosting local civil society activism. Pro-life groups from all over the former Soviet Union had been invited to Tbilisi in 2016, some of them visibly at their first experience of presenting their work in English in front of an international audience. The Budapest WCF featured a family street festival. To local activists, WCF offers a global narrative for concrete grievances (for example high abortion rates) and a promise of influence. It is the ideological alternative to the progressive and liberal civil society that already exists in their countries and that is faced with increasing pressure (the campaign against George Soros in Hungary or restrictive NGO-legislation in Russia). The illiberal civil society promoted by the WCF and its local sponsors retains some of the attractive features of the progressive program – internationality, predominance of English language, the opportunity to access funds and obtain travel grants – but at the same time is it politically conformist, ideologically ‘safe’ in an illiberal, repressive political environment and it appeals to people’s religious feelings.
The WCF acts as transnational norm entrepreneur, much of the same kind as norm protagonists described in the beginning of this paper, only that it is illiberal and conservative, not liberal and progressive. It contributes to the rise of illiberal civil society in Eastern Europe and the former Soviet Union. It also makes its influence felt in Western Europe, with actors from the Christian Right, who are a minority in their home countries, finding large audiences. It is an open question whether this development will lead to a European scenario of protracted but ultimately stable liberal-conservative culture wars as we know them from the United States, or whether this development has the potential to become fundamentally destructive for EU integration and liberal democracy on the long run.
Recommendations for action[9]
In light of the challenge posed by the WCF and the rise of illiberal organizations across Eastern Europe and the former Soviet Union there are two recommendations that may be helpful for the international community to explore. These are:
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