Coral reef ecosystem at Palmyra Atoll National Wildlife Refuge. Credit: Jim Maragos/U.S. Fish and Wildlife Service
By Dr Palitha Kohona
COLOMBO, Sri Lanka, Sep 11 2018 (IPS)
Responding to a persistent demand by developing countries, the conservation community and science, the UN General Assembly has commenced a process for bringing the areas beyond national jurisdiction in the oceans under a global legally binding regulatory framework.
Approximately two thirds of the oceans exist beyond national jurisdiction. The Law of the Sea Convention (UNCLOS), concluded in 1982, currently provides the broad legal and policy framework for all activities relating to the seas and oceans, including, to some extent, for the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ).
However, despite the comprehensive nature of UNCLOS, many feel that BBNJ is not adequately covered under it as detailed knowledge of BBNJ was not available, even to the scientific community, at the time. Advancements in science and technology have brought vast amounts of knowledge to our attention in the years following the conclusion of UNCLOS.
Today human knowledge about the oceans, including its deepest parts which were inaccessible previously, is much more comprehensive and new information continues to flood in due to significant scientific and technical advances.
UNCLOS, referred to as the ‘Constitution for the Oceans’ by the former Singaporean Ambassador Tommy Koh, came into force in 1994,and will necessarily be further elaborated as human knowledge of the oceans increases and human activities multiply.
It is already complemented by two specific implementing agreements, namely the Agreement relating to Part XI of UNCLOS, which addresses matters related to the Area as defined in the UNCLOS (the sea bed beyond national jurisdiction), and the Agreement for the Implementation of the Provisions of UNCLOS relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. The proposed treaty on BBNJ will be the third implementing agreement under the UNCLOS.
The seas and oceans, which have acquired unprecedented commercial value and have become a major source of global nutrition, have also been the subject of considerable international rule making, most of it piecemeal. An estimated 200 million people world-wide make a living from fishing and related activities. Mostly in poor developing countries.
Fish provide at least 20 % of the animal protein intake of over 2.6 billion people. A treaty on BBNJ, as envisaged, while filling a gap in the existing global regulatory framework, will also result in significant areas of the oceans being set aside as Marine Protected Areas (MPA) to provide protection to marine biological diversity, its critical habitat, including spawning areas, as well as ensuring the equitable division of the benefits resulting from the scientific exploitation of such resources, especially through the development of new products.
Under the umbrella of UNCLOS, and carefully accommodated within it and its implementing agreements, a number of international instruments (and regimes) at the global and regional levels relevant to the conservation and
sustainable use of marine BBNJ, have been put in place already.
At the global level, these include inter alia, the regulations adopted by the International Seabed Authority for the protection and preservation of the marine environment in the Area; the Convention on Biological Diversity (CBD); instruments adopted by the Food and Agriculture Organization of the United Nations (FAO); measures adopted by the International Maritime Organization; measures relating to intellectual property in the context of the World Trade Organization and the World Intellectual Property Organization.
At the regional level, the relevant measures include those adopted by regional fisheries management organizations and arrangements (RFMO/As) by regional seas organizations having competence beyond areas of national jurisdiction.
A range of non-binding instruments/mechanisms also provide policy guidance of relevance to the conservation and exploitation of marine biodiversity, including beyond areas of national jurisdiction. These include the resolutions of the UN General Assembly on oceans and the law of the sea and on sustainable fisheries, as well as the Rio Declaration and Chapter 17 of Agenda 21 adopted at the 1992 United Nations Conference on Environment and Development, the Johannesburg Plan of Implementation adopted in 2002 at the World Summit on Sustainable Development, the outcome document of the 2012 United Nations Conference on Sustainable Development, i.e. The future we want, and the 2030 Agenda for Sustainable Development, in particular Sustainable Development Goal 14 (Conservation and sustainable use of the oceans, seas and marine resources for sustainable development).
However, despite the existence of the above regimes, the need for a legally binding multilateral instrument to govern the protection, sustainable utilisation and benefit sharing of BBNJ has been advocated by a range of interest groups for some time. A champion of this process has been Argentina.
The negotiation process. Smooth sailing or rough seas ahead?
The UN ad-hoc working group (WG) on BBNJ, established by the GA in 2004, in response to the demands of a majority of the international community, took over ten years to finalise its recommendations in February 2015. Initially, the WG made little progress and was running the risk of being terminated.
Since 2010, it was co-chaired by Sri Lanka (Ambassador Dr Palitha Kohona) and the Netherlands (Dr Liesbeth Lijnzard). While the subject was not easy, and many delegations were only beginning to grasp its complexities, curious coalitions began to form. The Group of 77 (G77) and the European Union (EU) formed a common and a powerful front for different reasons.
Many strategic negotiating approaches were discussed behind the scenes and effectively deployed by these two unlikely allies resulting in a successful outcome to the work of the WG. Basically, the G77 wanted the future exploitation of BBNJ regulated globally so that the anticipated benefits would be distributed more equitably and marine technology transferred consistent with the commitments made under the UNCLOS.
Already significant numbers of patents based on biological specimens, including microorganisms (12,998 genetic sequences), retrieved from the oceans, many from hydrothermal vents, have been registered. (11% of all patent sequences are from specimens recovered from the ocean). 98 per cent of patents based on marine species were owned by institutions in 10 countries.
The German pharmaceutical giant, BASF, alone has registered 47% of the patented sequences. The financial bonanza that was expected from the commercialisation of these patents was hugely tempting. It is estimated that by 2025, the global market for marine biotechnological products will exceed $6.4 billion and was likely to grow further.
The EU, for its part, wanted to reserve large areas of the oceans for marine protected areas for conservation purposes. Conservation in this manner would result in providing space for genetic material to replenish itself naturally. The goals of the two groups were not necessarily contradictory.
The reservations on the need for a global legally binding regulatory mechanism for BBNJ were expressed mainly by the US, Japan, Norway and the Republic of Korea. Their interest was in preserving the unhindered freedom of private corporations to exploit biological specimens to conduct research and produce new materials, including drugs, biofuels and chemicals for commercial purposes.
These corporations needed the assurance that the billions that they were expending on research would produce financially attractive results. The difficulties involved in identifying the sources from where the specimens were recovered (whether beyond national jurisdiction or within), the costs usually associated with a discovery and bringing a commercially viable product into the market place, the actual need for a legally binding instrument in the current circumstances, the possibility of achieving the same goals through a non binding instrument, etc, were some of the concerns articulated.
These concerns are expected to be raised during the treaty negotiations as well. The US which held out to the bitter end preventing consensus at the WG is not even a party to the UNCLOS. A Preparatory Committee established by the UNGA to make recommendations on the elements of a draft of an international legally binding instrument (ILBI) on the conservation and sustainable use of marine BBNJ under UNCLOS, prior to holding an international conference met in four sessions in 2016 and 2017. Treaty negotiations began in September 2018 following the organizational session (in April 2018) and the conclusion of the fourth and concluding session of the Preparatory Committee.
It could be expected that the US and the like-minded group, reflecting a recognisable private enterprise oriented policy bias, would continue to raise objections affecting the smooth progress of the negotiations. The Trump administration, which has made it a habit of distancing itself from compacts to which the US had solemnly subscribed cannot be expected to be more sympathetic to the BBNJ aspirations of the G77 and the EU any more than the Obama administration.
Deposit with the UN Secretary-General
The Secretary-General is the depositary of over 550 multilateral treaties, mostly negotiated under the auspices of the United Nations. The UNCLOS and its two implementing agreements are examples. These are customarily deposited with the SG due to the recognition that he enjoys in the international community as a high level independent global authority.
The proposed treaty on BBNJ would in all likelihood, be deposited with the UN SG, when concluded. The day to day management of activity relating to these multilateral treaties is the responsibility of the Treaty Section of the UN Office of Legal Affairs, a function which dates back to the early days of the creation of the UN. Exceptionally, a major multilateral treaty may be deposited elsewhere.
For example, the NPT is deposited with the governments of the US, UK and Russia. Under Article 102 of the UN Charter all treaties, both multilateral and bilateral are required to be registered with the UN. The UN is the custodian of over 55,000 bilateral treaties so registered, currently available on line.
The post Law of the Sea Convention Expands to Cover Marine Biological Diversity appeared first on Inter Press Service.
Excerpt:
Dr Palitha Kohona is former Ambassador and Permanent Representative of Sri Lanka to the United Nations & former co-Chair of the UN Adhoc Working Group on Biological Diversity Beyond Areas of National Jurisdiction
The post Law of the Sea Convention Expands to Cover Marine Biological Diversity appeared first on Inter Press Service.
By WAM
DUBAI, Sep 11 2018 (WAM)
Green capital will be the focus of discussions at the annual World Green Economy Summit, WGES 2018, amid the global commitments to build a green and sustainable world economy.
Green finance refers to the financing of investments that provide environmental benefits in the broader context of environmentally sustainable development.
WGES 2018 will host fruitful discussions on how to unlock this capital. With input from governments, businesses, financial institutions and investment advisors, the summit will examine current climate-finance gaps in order to define areas where investments are most needed. It will also shed light on green investment vehicles, climate-change reporting, carbon pricing as an instrument to raise green capital and the widespread problem of greenwashing.
The WGES is a strategic platform to share and exchange knowledge and bring the focus on new technologies that drive the growth for a green economy including improvements in energy efficiency, energy conservation and waste reduction. The WGES is set to take place on 24th and 25th October, under the patronage of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister and Ruler of Dubai. The summit is organised by DEWA and the World Green Economy Organisation, WGEO, in collaboration with international partners under the theme, “Driving Innovation, Leading Change.”
Saeed Mohammed Al Tayer, Vice Chairman of the Dubai Supreme Council of Energy in Dubai and Chairman of the WGES, said, “His Highness Sheikh Mohammed bin Rashid has launched a long-term national initiative to build a green economy in the UAE entitled, ‘Green Economy for Sustainable Development,’ by which the UAE aims to be a centre for exporting and re-exporting green technologies and products. His Highness Sheikh Mohammed also launched the Dubai Clean Energy Strategy 2050 aiming to generate seven percent of Dubai’s total power output from clean energy by 2020, 25 percent by 2030 and 75 percent by 2050.
“With a growing emphasis of governments and public and private sectors on going green and the rapidly increasing need to find ways to build a sustainable future, green capital is the new trend for innovative financing solutions. While WGES 2018 will outline several green financing options, it will also help participants develop policy frameworks to promote green capital.
“The UAE and Dubai, in particular, has always been the front-runner for accelerating green capital, and the Dubai Green Fund, DGF, was created with the aim of catalysing crowding into green economy projects. With an aim to help companies in the private and public sector, invest in green projects such as renewable energy, retrofitting existing fossil fuel-based energy systems, energy efficiency and much more, the DGF’s role is to lead the way into investments that have to date not been taken up by existing operating lenders. This model of investment will serve as a positive influence for institutional investors in the UAE, but also across the world,” Al Tayer added.
The DGF raised AED2.4 billion last year to support green financing. The new platform directly invests in environmentally focussed companies, while offering loans to businesses in the green sector at reduced interest rates.
“Mobilising sufficient public and private green capital is a key success factor. Accordingly, the DGF was created to crowd-in investors into the green economy. The DGF will not make subsidised financing; ultimately, it needs to attract private-sector institutional investors who seek market-based returns. Its role is to lead the way into investments that have to date not been taken up by existing lenders and private equity firms. Green finance should be the mainstream, not the alternative,” said Samy Ben-Jaafar, CEO of the DGF.
WAM/Esraa Ismail
WAM/Rola Alghoul/Hatem Mohamed
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By Anis Chowdhury and Jomo Kwame Sundaram
SYDNEY and KUALA LUMPUR, Sep 11 2018 (IPS)
In 2009, the world economy contracted by -2.2%. Growth in all developing countries declined from around 8% in 2007 to 2.6% in 2009 as the developed world contracted by -3.8% in 2009. The collapse of the Lehmann Brothers investment bank in September 2008 symbolized the US financial crisis that triggered the Great Recession of 2008-2009.
Demonstrations against austerity measures in Athens (May, 2010). Credit: Nikos Pilos/IPS
Demise of Keynesian consensusThe new policies were largely successful in tempering the recession, although much more should have been done. But with modest recovery, public debt, not economic stagnation, was soon sold as public enemy number one again.
G20 leaders at the June 2010 Toronto Summit turned to ‘fiscal consolidation’, with monetary policy accommodation to ‘contain’ its contractionary consequences, and ‘structural’ (mainly labour market) reforms, ostensibly to boost growth, especially in advanced economies. Meanwhile, despite G20 leaders’ pledges eschewing protectionism, trade restrictions grew.
Synchronized fiscal consolidation precipitated some Eurozone sovereign debt crises. Soon, several Eurozone countries experienced double dip recessions, as unemployment in Greece and Spain rose well over 25% following punitive policies required to qualify for European Union and International Monetary Fund (IMF) funding which mainly went to creditors.
Economists’ complicity
Misleading, ideologically-driven empirical analyses claimed to support the new policy reversal. Alesina and his associates promoted the idea of ‘expansionary fiscal consolidation’, that contractionary government expenditure cuts would be more than offset by private spending expansion due to boosted investor confidence.
Then, Reinhart and Rogoff exaggerated the dangers of domestic debt accumulation. Although soon exposed for major methodological flaws and suppressing relevant information, these studies had served their purpose.
The IMF Fiscal Monitor ahead of the June 2010 G20 Summit grossly exaggerated public debt’s destabilizing effects, advocating rapid fiscal consolidation instead. Later, the IMF admitted it had underestimated the fiscal multiplier and hence potential growth from such debt!
Faltering recovery and rising unemployment in the Eurozone caused the public debt-GDP ratio to rise instead. Meanwhile, supposedly unavoidable short-term pain caused prolonged suffering for millions without the promised medium- and long-term gains.
UN ahead of the curve
Besides the Bank of International Settlements’ legendary William White, the United Nations was ahead of the curve, not only in warning of the impending crisis, but also by providing appropriate policy advice, albeit largely ignored.
For example, the United Nations 2006 and 2007 World Economic Situation and Prospects (WESP) warned of instability and growth slowdowns due to disorderly adjustment of growing macroeconomic imbalances among major world economies. WESP warned that falling US house prices could cause defaults to spike, triggering bank crises.
The IMF and the OECD simply ignored such warnings, projecting rosy futures, and a ‘soft landing’ at worst. The April 2007 IMF World Economic Outlook (WEO) emphatically dismissed widely held concerns about disorderly unwinding of global imbalances, claiming economic risks had subsided. The July 2007 issue claimed: “The strong global expansion is continuing, and projections for global growth in both 2007 and 2008 have been revised up”.
The OECD June 2007 Economic Outlook insisted that the US slowdown was not heralding a period of worldwide economic weakness. “Rather, a ‘smooth’ rebalancing was to be expected, with Europe taking over the baton from the United States in driving OECD growth… Indeed, the current economic situation is in many ways better than what we have experienced in years.”
Although the IMF’s November 2008 WEO belatedly acknowledged the crisis’ severity, it forecast global recovery of 2.2% in 2009, suggesting the worst was over, thus supporting the reversal from fiscal expansion to consolidation. Depicting the ‘green shoots’ of recovery as self-sustaining, fiscal stimulus was abandoned after selective financial bailouts.
The IMF and OECD recommendations of structural reforms and fiscal consolidation have since failed to provide the long awaited, sustained global economic recovery.
The President of the UN General Assembly set up a commission led by Nobel laureate Joseph Stiglitz to study the crisis’ impact, especially for development, and recommend policies to prevent future crises. Yet, most remain unaware of its wide-ranging findings and policy recommendations, including international financial architecture reforms and reregulating finance to better serve the real economy.
The UN Secretary-General proposed a Global Green New Deal in 2009 to accelerate economic recovery and job creation while addressing sustainable development, climate change and food security. It envisioned massive, multilateral, cross-subsidized public investments in renewable energy and smallholder food production in developing countries.
The UN also consistently advocated policy coordination and warned against prematurely ending recovery efforts.
Missed opportunity, heightened vulnerability
With UN and similar policy advice largely ignored, global economic recovery has remained tepid for the last decade. This has prompted the ‘secular stagnation’ thesis obscuring the role of political and policy failures and missed opportunities.
Unconventional monetary policy, e.g., ‘quantitative easing’, has also widened income and wealth gaps besides fuelling financial asset bubbles. Earlier capital inflows are now exiting following monetary policy normalization in the West and new fears of emerging market vulnerabilities.
Having failed to ensure robust recovery despite accumulating more debt, both developed and developing countries have less policy and fiscal space to address the looming problems threatening them.
Meanwhile, the redistributive potential of fiscal policy has been weakened by reducing progressive direct taxes and increasing regressive indirect taxes, while cutting social expenditure. Also, powerful vested interests have blocked attempts to limit obscene executive remuneration and enforce minimum wages, arguing that such measures discourage business and job creation.
Also, the hyped notion of ‘inclusive inequality’ has served to justify rising economic disparities, by arguing that deregulation has enabled wealth accumulation and middle class expansion.
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A family from Central African Republic who fled to Cameroon’s East Region. Credit: Monde Kingsley Nfor/IPS
By Sir Richard Jolly
BRIGHTON, UK, Sep 10 2018 (IPS)
What is it like to work for the United Nations? Many probably imagine little more than an almost endless round of boring speeches, bureaucrats and governments discussing and disagreeing over long-standing conflicts with stalemate and few results.
After all, this is so often what one reads about the UN in the newspapers. And it is true that this is a part of what takes place in the UN buildings in New York or Geneva.
However, such activities are only a small fraction of what the UN does. In contrast to debate in the Security Council and the General Assembly, most of the UN’s work and most of the UN’s staff – 80% or more –are engaged in things more practical, more positive and much less fraught.
These include health, agriculture, education, culture, employment, technology, economic development with a focus on children, women and human concerns – and a multitude of other issues which countries want to pursue and which make up the agenda of what the UN calls development.
In some of the worst trouble spots of the world, UN activities have to be more basic, providing immediate support for children, women and vulnerable communities caught up in the tragic consequences of violence and destruction. For all its difficulties, even this for the UN has its positive and humane side.
A recently-released honest and forthright memoir— “A Destiny in the Making” by Boudewijn Mohr — tells what working for the UN is like on the frontlines, in a range of different situations and different countries, large and small, poor and rich, many in Africa.
Most unusually, the perspective is that of a banker, who after some 17 years of banking in money making Wall Street and later at the French Bank Société Générale, decides to try something different and gets taken on by UNICEF, the UN Children’s Fund. Initially, there is caution on both sides, the banker wondering whether this is a good career move,
UNICEF wondering what skills the banker can bring which would really be useful. But with emerging experience on both sides, the story becomes a love affair, the banker realizing that he now has the best job in his life, his wife, son and daughter discovering roles for themselves and UNICEF promoting the banker to ever more responsible positions.
There are bits in this fascinating story for everyone. Those wondering about what the UN actually does when working in Africa will find fascinating examples, with frustrations and failures as well as struggles and successes – and uplifting accounts of creativity and commitment by staff, national and international.
Those who have worked for the UN, past and present, may recognize some of the names and situations as well as enjoying the well-told experiences. Everyone will find memorable anecdotes. Even some bankers, I hope, may be led to reconsider their daily preoccupations with money-making and wonder whether it is time for a change.
Boudewijn illuminates his story with colour and detail, enlivened by accounts from his diaries written at the time. Fortunately, he has not edited out frank comments and reactions to some of the less helpful colleagues or officials he has encountered on the way. All this makes for lively reading.
It is also a family memoir, with detail of how Annette, Boudewijn’s wife, developed her own parallel interests and activities, with her anthropologist’s eye for what also was going on and what local people were thinking and feeling.
And their son, Nadim, when not away in school, joined in with his own activities which are recorded. Their daughter Vanessa followed her own multicultural track that included acting in the First All Children’s Theatre of Manhattan and then sociology with study and research in London, Paris and Hanghzou, China.
At a time when it is in vogue to urge governments and non-profits to learn from international business and banking, Boudewijn Mohr’s insightful book offers a different lesson.
It shows how much international business and the banking sector have to learn from the UN and NGOs – about motivation and commitment, about goals focused on human welfare rather than profit, and about broader approaches to efficiency and effectiveness.
The book is a great read –for a wide variety of readers, NGO workers in development, in the UN, people young and old, possibly even some bankers!
The post Former Wall Street Banker Who Advanced the Cause of Women & Children in Africa appeared first on Inter Press Service.
Excerpt:
Sir Richard Jolly, an eminent development economist, is Honorary Professor, former Director of the Institute of Development Studies at the University of Sussex, UK, and UNICEF Deputy Executive Director (1982-1995)
The post Former Wall Street Banker Who Advanced the Cause of Women & Children in Africa appeared first on Inter Press Service.
Even though fewer people are attempting irregular migration to Europe since the start of the year, the number of deaths that occur along the Mediterranean route has dramatically increased, according to International Organization for Migration (IOM) and Amnesty International estimates. Courtesy: International Organization for Migration (IOM)
By Maged Srour
ROME, Sep 10 2018 (IPS)
“The Italian and other European authorities are engaging – on the migration issue – in a policy which has the foreseeable results of numerous deaths.” It is a grim warning from expert on international law, refugees and migration issues, and member of the Global Legal Action Network (GLAN), Itamar Mann.
In February 2017, Italy entered into an agreement with Libya to provide funds to Libyan authorities for the coordination of relief operations in the central Mediterranean. Since the agreement, the Libyan Coast Guard has returned migrants to Libya who attempted to cross the Mediterranean to Europe.
However, according to a recent Amnesty International report both “Italy and the European Union (EU) are bolstering their policy of supporting the Libyan Coast Guard to ensure it prevents departures and carries out interceptions of refugees and migrants on the high seas in order to pull them back to Libya. This is also contributing to rendering the central Mediterranean route more dangerous for refugees and migrants, and rescue at sea unreliable.”
When IPS asked Mann if he thought there was a direct link between the “pull back” of migrants intercepted in the Mediterranean and the increased number of migrant deaths, Mann described this policy as “killing by omission.”
Even though fewer people are attempting irregular migration to Europe since the start of the year, the number of deaths that occur along the Mediterranean route has dramatically increased, according to International Organization for Migration (IOM) and Amnesty International estimates.
According to Amnesty International:
• From January to July 2018, 1,111 people were reported dead or missing along the central Mediterranean route,
• The death rate among those attempting the crossing from Libya has surged to 1 in 16 in the period June-July, 2018,
• This was four times higher than the rate recorded from January-May 2018, which was 1 in 64.
Migrants arriving at Lampedusa, Italy in this picture dated 2011. Credit: Ilaria Vechi/IPS.
Moral responsibility lies not only with Italy, but Europe too
In May, GLAN filed an application against Italy with the European Court of Human Rights for a 2017 incident where the Libyan Coast Guard allegedly intervened in the rescue, by an non-governmental organisation, of a sinking dinghy. At least 20 people died, including two children, when the vessel sunk. But the Libyan Coast Guard is reported to have engaged in “pull back” and returned the survivors to Libya, where they reportedly endured detention in inhumane conditions and were beaten, starved and raped.“While Italy retains legal responsibility, the process has been facilitated in multiple ways by the EU, and [therefore] the moral responsibility is not exclusively Italian.” -- Itamar Mann, Global Legal Action Network (GLAN).
According to Violeta Moreno-Lax, a senior lecturer in law from Queen Mary University of London, and legal advisor to GLAN: “The Italian authorities are outsourcing to Libya what they are prohibited from doing themselves. They are putting lives at risk and exposing migrants to extreme forms of ill-treatment by proxy, supporting and directing the action of the so-called Libyan Coast Guard.”
Mann, however, pointed out that, “while Italy retains legal responsibility, the process has been facilitated in multiple ways by the EU, and [therefore] the moral responsibility is not exclusively Italian.”
“The EU, for example, has tried to advance migrant processing centres in Libya, engaged in training of Libyan forces, and turned a blind eye to continued violations. So beyond the legal case, simply blaming Italy and ignoring the larger context would be misleading,” he told IPS via email.
The Italian government is expected to respond in due course to the legal papers.
Italy’s response to irregular migration
Italy’s stance on migrants has been reported previously. The country’s interior minister Matteo Salvini was reported by the Telegraph as saying his country would no longer be “the doormat of Europe” as it had been left to largely deal with the migrant crisis on its own. The newspaper reported that in May he had called for Italy’s coast guard and naval ships to be pulled back from patrolling the Mediterranean and brought closer to home.
There have been a number of other reported incidents of alleged “pull back”.
At the end of July, Italian authorities reportedly rescued migrants at sea and returned them to Libya. Also in July, the story of how migrants on the Italian coast guard ship, the Diciotti, were reportedly blocked from disembarking by the country’s ministry of interior generated much criticism and gave rise to a heated debate in Europe. The migrants were eventually allowed to disembark in Trapani, Sicily, after intervention by Italy’s president Sergio Mattarella.
“The repatriation of refugees to Libya is illegal, as international law prohibits the transfer of people, who encounter distress at sea, to ‘unsafe havens,’” Benjamin Labudda, an expert on migration issues and housing conditions of refugees in the European context and a PhD Scientific Assistant at the Institute of Sociology of University of Muenster, told IPS.
‘Non-refoulement’, a well-known fundamental principle of international law, no country receiving asylum seekers can expel or return them to territories where their lives or freedom could be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion.
Concern for migrants sent back to Libya
Flavio Di Giacomo, spokesperson for IOM, told IPS he was also concerned about the return of migrants to Libya.
“If a boat is rescued in international waters and returned to Libya, we are facing a ‘pull back’. The fact that we are referring relief operations in international waters to Libya is ambiguous because the migrants would probably be taken to an unsafe port,” he said.
He said the issue should be kept under close observation, as according to international law migrants rescued at sea should not be returned to Libya, which was “not a safe harbour.”
“We must promote legality, through more residence permits and integration policies,” said Di Giacomo. “A simple closure would be misunderstood by the countries of origin of these migrants. They would only see ‘the rich Europe that sends back the poor Africans.’”
Labudda added that agreements for the distribution of refugees among EU countries must be institutionalised and enforced, as many countries still refuse to welcome refugees.
“A solution regarding the structure of a process of distribution has to be found as soon as possible in the upcoming months,” he added.
The post International Law Experts Warn Europe’s ‘Pull Back’ of Migrants is Illegal – Part 2 appeared first on Inter Press Service.
Excerpt:
This is the second part of our series about migration to Italy.
The post International Law Experts Warn Europe’s ‘Pull Back’ of Migrants is Illegal – Part 2 appeared first on Inter Press Service.
By WAM
DUBAI, Sep 10 2018 (WAM)
The Ministry of Climate Change and Environment (MOCCAE) hosted a workshop at its headquarters in Dubai with international leading experts and the UAE’s university researchers to discuss how to improve the UAE’s Ecological Footprint.
"The UAE has rolled out various environmental initiatives which have led to a constant decline of Ecological Footprint. Yet, we need to accelerate this effort further as the country’s 50th anniversary is rapidly approaching. As the methodology of Ecological Footprint is very complex and a lot of data is required to calculate, we would like to have a strong support from university researchers in the next few years."
The workshop was organized to engage the academia in the executive team’s effort for understanding how to improve the UAE’s Ecological Footprint while obtaining more accurate, timely estimation of results. Researchers from around 10 national and private universities attended the event, along with the executive team and relevant federal and local authorities. MOCCAE aims to identify a few universities which can collaborate on analyzing the country’s Ecological Footprint trend as well as become part of the global partnership.
In the opening remarks, Eng. Aisha Al Abdooli, the ministry’s Director of Green Development and Environmental Affairs, noted: “Ecological Footprint is a very important measure for us to understand the state of the UAE’s efforts for sustainable development, and we have been working closely with international organizations to improve UAE’s footprint.”
“The UAE has rolled out various environmental initiatives which have led to a constant decline of Ecological Footprint. Yet, we need to accelerate this effort further as the country’s 50th anniversary is rapidly approaching. As the methodology of Ecological Footprint is very complex and a lot of data is required to calculate, we would like to have a strong support from university researchers in the next few years.”
“We hope this will be a great opportunity for researchers to learn about the methodology and applications directly from the international experts and relate it to the development of future research agenda to support the country’s sustainable development.”
The UAE’s Ecological Footprint has been on a constant decline since 2000. In 2017, the Prime Minister’s Office requested MOCCAE to establish a cross-ministerial executive team who sets up a clear target for improving Ecological Footprint and works towards fulfilling the UAE Vision 2021. MOCCAE also adopts the measure as one of the 41 Green Key Performance Indicators to monitor the progress of the country’s transformation towards a green economy as outlined in the UAE Green Agenda 2030.
WAM/Hassan Bashir
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Rohingyas from Myanmar wait to be let through by Bangladeshi border guards after crossing the border at Palongkhali of Cox's Bazar on Monday, on October 16, 2017. File Photo: Reuters
By Diplomatic Correspondent
Sep 10 2018 (The Daily Star, Bangladesh)
UN Special Adviser on the Prevention of Genocide Adama Dieng has urged International Criminal Court (ICC) Prosecutor Fatou Bensouda to consider ICC’s recommendation of opening an investigation into the atrocities against Rohingyas without delay.
“The decision of the Pre-Trial Chamber [of ICC] provides victims an opportunity to access justice for some of the crimes they have endured, which is an important first step,” he said in a statement issued in New York on Friday.
Myanmar has refused to cooperate with any impartial investigation into the matter and continues to insist hiding behind its sovereign borders.
“It is about time that countries understand that borders are not strong enough to protect those involved in the most horrible crimes committed against human beings from prosecution,” said Dieng.
His statement came following the release of report of the UN Independent International Fact-Finding Mission on Myanmar on August 27, which strongly recommended that Myanmar’s top military generals, including Commander-in-Chief Senior-General Min Aung Hlaing, must be investigated and prosecuted for genocide in the north of Rakhine State, as well as for crimes against humanity and war crimes in Rakhine.
A fuller report, containing detailed factual information and legal analysis, will be published and presented to the Human Rights Council on September 18.
Welcoming the ICC’s Thursday rule that it has jurisdiction over alleged deportations of Rohingya people from Myanmar to Bangladesh, he said, “The decision is a light in what has been a very dark episode for the Rohingyas this past year.”
Legal experts have said the decision at the Hague-based ICC paves the way for prosecutor Bensouda to further examine whether there is sufficient evidence to file charges in the case, though she has not done so yet.
Dieng said deportation can constitute a crime against humanity under international law. The chamber also ruled that the court would have jurisdiction over other crimes committed, such as the crime of persecution, if at least one element of the crimes within the jurisdiction of the court — or part of such a crime — has been committed on the territory of a state party to the statute.
The decision followed a request by the prosecutor of the ICC on April 9, 2018, in which the prosecutor sought a ruling from the Pre-Trial Chamber on the jurisdiction of the court in a situation in which persons are deported from the territory of a state which is not party to the Rome Statute of the ICC into the territory of a state which is a party to the statute. While Myanmar is not a party to the statute, Bangladesh is.
Accordingly, the decision opens the door to the prosecution of some of the crimes that may have been committed against the Rohingya, the special adviser added.
“The crimes allegedly committed or initiated in Myanmar against the Rohingya population, particularly since August 2017, which led to the mass displacement of almost a million Rohingya people into Bangladesh, are horrific and must not go unpunished,” insisted Dieng.
“We have all heard the shocking reports of mass killings, the gang rape of women, of babies being thrown into fires, and the complete destruction of villages. The failure of the Security Council to refer the situation to the ICC for investigation, despite credible information to support these allegations and numerous calls for accountability, has been frustrating, to say the least.”
Dieng also noted that while the decision issued by the ICC is a breakthrough, alleged crimes perpetrated solely on the territory of Myanmar, including conduct that could possibly amount to the crime of genocide, will be excluded from the jurisdiction of the ICC.
For that reason, the special adviser, who visited Bangladesh on March 7-13 to assess the situation of Rohingya refugees who fled Myanmar following incidents of violence in October 2016 and August 2017, urged the international community to continue its efforts to bring justice to the Rohingya.
His visit focused on what lies ahead for the Rohingya population; how to ensure that the crimes committed against them are not repeated; and how to hold accountable those responsible for the crimes that have been documented.
This story was originally published by The Daily Star, Bangladesh
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UN adviser on genocide prevention asks ICC
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A view of salmon cages in the Pacific Ocean in Chile. In recent decades, salmon farming has become an important industry in Chile, but the impact on the environment and people's health has been questioned. Credit: Courtesy of Daniel Casado
By Daniel Gutman
BUENOS AIRES, Sep 10 2018 (IPS)
Questioned for its environmental and health impacts in Chile, where it is one of the country’s main economic activities, salmon farming is preparing to expand in Argentina from Norway, the world’s largest farmed salmon producer.
The news has triggered a strong reaction from civil society organisations.
“Argentina today has the advantage that it can refer to Chile’s experience, which has been extremely negative,” attorney Alex Muñoz, director for Latin America of National Geographic’s Pristine Seas programme, told IPS from Santiago, Chile.
“In Chile we have suffered the serious impacts of the activity carried out by both local and Norwegian companies. Salmon is native to the northern hemisphere and there is very clear scientific evidence that farming this species is not sustainable in the southern hemisphere,” added the environmental law specialist.
Muñoz is one of the authors of a highly critical report on the Argentine project presented by 23 Argentine and international organisations – such as the World Wildlife Fund (WWF), Oceana and the Wildlife Conservation Society (WCS) – grouped in the Forum for the Conservation of the Patagonian Sea and Areas of Influence."The effects of an industry that stretches 2,000 km along the Chilean coast have never been studied in-depth. Chemicals of all kinds are used to prevent disease and organic matter, food and fecal matter from salmon are dumped into the ecosystem.” -- Max Bello
The Forum is a network formed in 2004 to promote the care of the Atlantic Ocean in southern Brazil, Uruguay and Argentina and of the Pacific Ocean in Chile.
It was the visit to Argentina in March by King Harald and Queen Sonja of Norway, who met with President Mauricio Macri, which gave impetus to the initiative.
It would imply the introduction for the first time of an exotic species in the Argentinean sea, since this South American country has only up to now introduced fish in lakes and rivers.
On that occasion, Innovation Norway, a state-owned company and a national development bank that promotes Norwegian investment around the world, signed a cooperation agreement with the Argentine Agribusiness Ministry to study the implementation of “sustainable aquaculture” programmes in this South American nation.
Aquaculture is the farming of aquatic animals or plants in all types of water environments in controlled conditions. In the case of salmon in Argentina, feasibility studies are being carried out in the extreme south of Patagonia, off the Argentine coasts of Tierra del Fuego, the southern territory shared with Chile.
IPS’s questions about the project were not answered by the agriculture authorities of Tierra del Fuego province or by the Agribusiness Ministry, which on Sept. 3 was demoted to a secretariat as part of austerity measures aimed at cutting public spending in the midst of the country’s economic collapse.
Salmon seen in the Chilean sea. Broken cages sometimes cause hundreds of thousands of fish to end up in open sea, generating negative impacts on native species. Credit: Courtesy of Daniel Casado
In March, the then minister Luis Etchevere stated that “our relations with Norway will allow us to benefit from that country’s more than 50 years of experience” in aquaculture, and added that “Tierra del Fuego can be a pioneer in development within Argentina.”
Norway, which has both wild and farmed salmon, is the world’s largest producer of this species that is consumed around the world for its taste and nutritional value.
In Chile, salmon farming in sea cages began more than 30 years ago on the island of Chiloé, about 1,100 south of Santiago, in the Los Lagos Region, and from there it grew and spread throughout Patagonia, to the Aysen and Magallanes Regions.
Today salmon is one of Chile’s main export products. Official figures indicate that the sector is expanding, since in 2017 exports amounted to 4.1 billion dollars, 20 percent up from the previous year.
Last year, salmon accounted for more than six percent of the country’s total exports.
According to Chile’s Salmon Industry Association, this year will be even better and sales to 75 international markets will generate more than five billion dollars.
According to the business chamber, the activity generates more than 70,000 direct and indirect jobs.
But “no amount of economic growth justifies the destruction of Patagonian ecosystems,” Max Bello, a Chilean natural resources specialist who has been working for 15 years in marine conservation organisations, told IPS from Santiago.
Starfish seen in the seabed of the Beagle Channel, in the Southern Atlantic Ocean, where the Argentine government is promoting the development of salmon farming. The so-called Patagonian Sea is considered one of the most productive oceanic areas in the southern hemisphere. Credit: Courtesy of Beagle Secrets of the Sea
Bello added: “The effects of an industry that stretches 2,000 km along the Chilean coast have never been studied in-depth. Chemicals of all kinds are used to prevent disease and organic matter, food and fecal matter from salmon are dumped into the ecosystem.”
“Salmon farming has spread in a brutal manner in recent years, affecting not only natural resources but also culture, as it has displaced other activities,” Bello said.
In Argentina, a country whoses population of 44 million mostly eats beef, fish are mostly for export.
In 2017, according to official figures, 706,000 tons of seafood were sold abroad, worth 1.9 billion dollars. The main products are shrimp and squid, both native. In the domestic market, 341,000 tons of seafood was consumed last year.
The report presented by the Forum for the Conservation of the Patagonian Sea and Areas of Influence states that, besides the heavy use of antibiotics, the main problem posed by salmon farming is the frequent escape from the sea cages of fish that end up being an exotic species.
In fact, in July, during a storm, four of the five cages of a salmon farm owned by the Norwegian company Marine Harvest in Calbuco, near the city of Puerto Montt, broke and 650,000 salmon ended up in the sea.
“According to the law, the company has to recover at least 10 percent of the fish, because otherwise environmental damage is assumed,” biologist Flavia Liberona, executive director of the Chilean environmental foundation Terram, told IPS.
Regarding the use of chemical products, Liberona explained from Santiago that “because they are not in their environment, salmon in Chile are highly prone to diseases, which is why they use more antibiotics than in Norway.”
“In 2008 there was a major crisis in the industry due to the spread of a virus, which caused the loss of thousands of jobs,” she said.
Biologist Alexandra Sapoznikow, who teaches Natural Resources Management at Argentina’s National University of Patagonia, said “this activity has frequent crises and we are concerned that it is seen as a possibility for economic development. Tierra del Fuego receives tourists who are looking for nature, which is this province’s opportunity.”
Speaking to IPS from the Patagonian city of Puerto Madryn, Sapoznikow added that the introduction of salmon farming would also come into conflict with the project that civil society organisations have been working on with the Argentine government to create marine protected areas in the South Atlantic.
In November 2017, the government sent to Congress a bill for the creation of two marine protected areas near Tierra del Fuego, which would extend the total conservation area from the current 28,000 square km to 155,000.
The initiative, however, has not yet begun to be discussed, while the Ministry of Environment – which drafted it jointly with the National Parks Administration – was demoted on Sept. 3 to a secretariat.
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