Current Concerns 2015 Oct No.26 Supranational Against Switzerland

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    Current ConcernsThe international journal for independent thought, ethical standards, moral responsibility,

    and for the promotion and respect of public international law, human rights and humanitarian law

    18 October 2015

    No 26

    ISSN 1664-7963

    Current ConcernsPO BoxCH-8044 ZurichSwitzerland

    Phone: +41 44 350 65 50Fax: +41 44 350 65 51

    E-Mail: [email protected]: www.currentconcerns.ch English Edition of Zeit-Fragen

    continued on page 2

    When we elect a new parliament on 18October, it is at the citizens hands whois going to be member of parliament inBerne as the peoples representative.Therefore, it is important to think well towhom you are giving your vote. The timesin which we find ourselves, are present-

    ing us with major challenges. There aremajor problems in Europe and the EUcountries, and the conflict in Ukrainehas suddenly brought the risk of a Euro-pean war within the bounds of possibil-ity. It ultimately depends on us, the citi-zens, where and how Switzerland is goingto position itself in this situation. Do wewant to remain independent, keep ourbudget in order and protect our politicalsystem against attacks from outside, or dowe want to offer our services to the EU?This step would have far-reaching conse-

    quences for us and for our system of gov-ernment.

    If candidates are asked about the peculi-arities of the Swiss political system in acivics examination, they usually name di-rect democracy first of all, and neutrality,federalism or multilingualism of Switzer-land come second. This is no coincidence,because there is no other country on earthwhere the population has so many politi-cal participation rights as in Switzerland.This is conspicuous. To be sure there areother states, for example Germany, thatoffer possibilities to subject certain politi-cal decisions to a referendum at the levelof the municipalities or the Lnder (fed-eral states). This is notably the case in Ba-

    varia, because here the Social DemocratWilhelm Hoegnerwas the Chairman ofthe Constitutional Council which draft-ed a new constitution for Bavaria afterthe Second World War. Wilhelm Hoeg-ner had been living in exile in Switzerlandduring the war.1But there is no country

    with as extensive possibilities of participa-tion as there are in Switzerland. The citi-zens can participate in decisions right upto the national level. In the countries ofthe European Union we find only presi-dential or parliamentary democracies, inwhich the people are directly involved inpolitical decisions other than the periodi-cally held elections, only in the rarest ex-ceptional cases. None of these countriesknows the right of initiative at the nationallevel. Therefore it is indeed direct democ-racy which makes Switzerland unique.

    We can say that seen from this perspec-tive, Switzerland is a special case with asystem that prevents it from fitting in anysupranational entity in which citizens areabove all administrated.

    Farmers were the rightful sourceof political power

    You can only understand Switzerland ifyou start with its citizens. Because eversince the founding of the Swiss Confeder-ation in the Middle Ages its citizens haveenjoyed a high degree of freedom, andthis manifests itself in the delegation ofof a lot of responsibility to the individual.

    This transfer of responsibility rests onthe conviction that, as a rule, citizens willnot abuse the trust placed in them but sup-

    port their community in a positive way.This way of looking at things can alreadybe found in the Middle Ages. So for exam-ple in Grisons it was the farmers who ac-tively participated in the development ofthe political system. They were the right-ful holders of political power here. They

    were also responsible for defending theircommunes against attacks. This sort ofpeasant army proved to be more power-ful than foreign mercenary armies.2Theyknew what to defend, namely their rela-tively high degree of freedom and self-de-termination.

    In the world of today the distinction be-tween tax evasion and tax fraud, which isnot understood in countries like Germany,France, Italy and so on, is an example thatshows us quite plainly the fundamentalconfidence of the state in its citizens. The

    fellow citizen is seen as a fellow humanbeing, who has an interest in the commongood. Thus, the taxpayer is not eyed withsuspicion and seen as a potential tax evad-er, as is customary in other countries. Ifwe compare this tax system with that ofother countries, we come to realise thatthis view is more promising. In spite ofrepeated attempts to spend more thanhas been collected, Switzerland has hadits finances under control up to the pre-sent day. When the voters said yes to theSchuldenbremse (debt brake) they put astop to any irresponsible money handling.

    The inner attitude of the citizensis characterised by equity

    Direct democracy will only work ifthere are citizens who have been influ-enced by school and education so as tomake them take an interest in the fate oftheir country and to come to grips con-structively with the political affairs con-cerning it. We must have the will to par-ticipate in political decision-making if weare to continue to safeguard and to live di-rect democracy.

    It took great efforts and tenaciousstruggle until the direct democratic ele-ments were established both at cantonaland federal level in Switzerlands consti-

    The accession to a supranational organisation leads tothe disintegration of the Swiss political system

    by Thomas Kaiser, historian

    Framework agreement an EU diktat

    A framework agreement would mean aclose entanglement with the EU. The ex-pected EU dictat would be recognizedto its full extent only at a late point oftime and finally the Framework Agree-ment would yet be regarded as imprac-tical and unworthy for Switzerland. [...]Those who advocate a comprehensiveFramework Agreement and with it theprospect of a later accession to the EU,renounce neutrality, sovereignty and in-

    dependence for the future and help toundermine direct democracy, federalismand communal autonomy. Switzerlandin the EU would be a significantly differ-ent Switzerland than that of today. The(institutional) Framework Agreementexpected by the EU must be evaluatedfrom this perspective.

    Carlo Jagmetti

    Source: Neue Zrcher Zeitungfrom 6.10.2015

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    No 26 18 October 2015 Current Concerns Page 2

    tutions for who would like to surrenderpower? There was an uphill struggle inthe individual cantons until the privilegedwere willing to allow their subjects toparticipate in the government.3

    Nevertheless, the Swiss culture andtradition was different from for instancethat in the German Empire or in the laterGerman experiments to establish a demo-cratic form of government. For not onlya good education is a basic componentof the functioning of direct democracy,but also an attitude of the citizens amongthemselves which is characterised by eq-uity, as well as a militia system which en-sures that even politicians remain part ofthe general society in their feelings andbehaviour, and that they do not drift awayout of touch with reality feeling superi-

    our to their constituents, as we see it inother parliamentary democracies. Apartfrom the fact that you can meet our par-liamentarians regularly in means of pub-lic transport during the sessions it is notuncommon that on a stroll through Berneyou may meet one of our Federal Coun-cillors instead of being surrounded bybodyguards as seen in other countries.This would be impossible in our neigh-bouring countries. There politicians arechauffeured to parliament in black limou-sines, shielded from the public and remote

    from their voters. Citizens do not get tosee their elected representatives except onTV or at election rallies.

    No aggressive foreign policy

    Direct democracy allows you to make de-cisions that are supported by the majori-ty of citizens. Likewise, Switzerland hasno system of government and opposition,as is common in parliamentary democ-racies, but a concordance system, eventhough this has lately been whirled slight-ly off balance. But for a long time the Fed-eral Council, the Swiss government, wasmade up of delegates of all those majorparties which directed the destinies of thecountry. This has proved to be a stabilis-ing factor for our country and also actedas a brake on individual political powercravings.

    For centuries Switzerland has not pur-sued an aggressive foreign policy but ca-tered mainly for the stability and securi-ty within the country. When you think ofthe Sonderbund War in 1847, you willsee that this was a highly challenging task.Whether the Battle of Marignano is cru-

    cial to this insight, is not the subject of thedispute here.4Sufficient to say only this:The rejection of power politics is a fun-damental component of modern Switzer-land, and this fact cannot be argued away,not even by calling individual historical

    events into question. Those who aim at atotal revocation regarding this issue haveother intentions with Switzerland than tostrengthen its role as a sovereign, neutral,direct democratic small state, which, be-cause of its active neutrality, is often theonly state left on the international stagewhich is able to offer a place for nego-

    tiations.Everlasting armed neutrality

    Switzerlands multilingualism and its lo-cation in the heart of Europe have sup-ported the idea to walk the path of neu-trality. Unlike other neutral countries,Switzerland has not only invoked neutral-ity for its own advantage, but neutralityis a fundamental component of the Swissconception of state and it belongs to Swit-zerland like direct democracy and feder-alism. In regular surveys nearly one hun-dred per cent of the Swiss population

    regularly confirm their consent to neutral-ity. Last year it was 96 per cent.5It wouldbe a flight of fancy to imagine that a coun-try could be neutral without being armed.For this reason the forefathers of the Swissfederal state stipulated that everlastingarmed neutrality be one of the pillars ofour political system. Those who call thisinto question with the spurious argumentthat they believe it to be antiquated in to-days world are following their own agen-da. The recent years conflicts have con-firmed the importance of neutrality, more

    than ever.Yet, neutrality does not only have anoutside function but it also gives reassur-ance inside the country, which is no meanfeat when you consider our different lin-guistic and cultural regions. Thus the spir-it of the Red Cross Tutti fratelli, all arebrothers, arises precisely from this con-ception.6 The Red Cross movement, asit has evolved since its establishment in1863, would not have been possible but

    for this basis. While neutrality is compliedwith, both the ICRC and Switzerland canfulfil their special role with respect to hu-manitarian commitment. This means thatthe ICRC may be active in political con-texts that allow no other relief agencies tobe on site. The same also applies to Swit-zerland, which was clearly demonstratedlast year when Switzerland held the pres-

    idency of the OSCE. Thanks to its neu-tral negotiating position it was possible toadopt theMinsk agreement, thus launch-ing a process which does bring howev-er small benefits today, i.e. a year later.Switzerlands neutrality is therefore some-

    thing extraordinary in the interplay of na-tions, something which the internation-al community can not do without. WereSwitzerland to be a member of the EU, itwould have to support the Common For-eign and Security Policy(CFSP), which

    embodies nothing less than a military as-sistance pact and which demands solidar-ity in action of its member states in theevent of war. There is not a trace of neu-trality.7

    If we look at Switzerlands national pol-icy foundations and contrast them with thechallenges we are facing, one thing has tobe noted: The merging of Switzerland ina supranational organisation such as theEU or the NATO would lead to a loss of its

    basic specific features. The developmentsof recent years and particularly of recentweeks and months have demonstrated tomany sceptics how the EU works. The ar-guing of EU advocates that if Switzerlandwas a member of the EU, it could then con-tribute and help shape the future is a weakargument. The sanctions against Russia andthe crisis in Greece as well as the refugee

    crisis have shown that the small EU coun-tries have no voice at all. The larger coun-tries, the Big Boys, determine the courseaccording to the old undemocratic princi-

    If Switzerland were an EUmember, it would have to back

    the Common Foreign andSecurity Policy (CFSP)

    The Unions competence in mattersof common foreign and security poli-cy shall cover all areas of foreign poli-

    cy and all questions relating to the Un-ions security, including the progressiveframing of a common defence policythat might lead to a common defence.

    Source: EU treaty art. 24, par. 1

    The Member States shall support theUnions external and security policy ac-tively and unreservedly in a spirit ofloyalty and mutual solidarity and shallcomply with the Unions action in thisarea.

    Source: EU treaty art. 24, par. 3

    If a Member State is the victim of

    armed aggression on its territory, theother Member States shall have to-wards it an obligation of aid and as-sistance by all the means in theirpower

    Source: EU treaty art. 42, par. 7

    The accession to a supranational

    continued from page 1

    continued on page 3

    The merging of Switzerland in a supranational organi-

    sation such as the EU or the NATO would lead to a lossof its basic specific features.

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    Switzerland, a sovereign state? Why thequestion mark? Simply, because our sov-

    ereignty, our freedom and independanceare massively threatened.

    Switzerland is no island,but it has borders

    Switzerland with its backbone of inde-pendence, its still here: direct democracy armed neutrality/ability to put up a

    fight freedom and self-responsibilty decentralised structures (autonomy for

    communes and federalism) militia system our values and a sufficient provision of healthy

    foods.These foundations of a free, independentSwitzerland are being undermined by thezeitgeist, as well as by interventions from

    within and attacks from outside on our in-ternal affairs and not rarely by greed of

    power and claims to power from individ-ual exponents in our own country. Thusa later female Federal Councillor said:Switzerland doesnt exist any longer!

    For today and tomorrow there is no rea-son for political apathy or even resigna-tion. Maybe we are still too well off butthe course for our well-being tomorrow isbeing set today.

    Time is ripe: to seriously reflect on theprotection of our own to my opinion ex-istential interests and to act accordingly.

    We are not locking our doors. Yes, weare installing intricate security systems

    to protect our lives and property whythen this unforgivable neglect concerningour border control? Borders fulfil a func-tion that cannot be suspended without anydamage.

    Empty granaries a security risk

    What do you think would happen in ourdensely populated country, if the popu-lation starved or even be threatened bydeath of starvation?

    Social unrest would be certain andthe government would be under pres-

    sure with all the negative effects for theinner cohesion and thus for home securi-ty. The trust bearing stability of our coun-try, the social security and the ability toput up a fight if necessary would seri-ously be weakened. Along with the pres-sure exerted within our own country thepressure from outside would increase. Itwould result in unimaginable dynamics ifwe became dependent on help from othercountries. Those starving and strugglingfor their survival would hardly be able tofight for independence and freedom fortheir country, neither for their civil rights.

    Therefore, a secure situation of foodprovisions will be a precondition for thecontinuance of a free and independentSwitzerland! And we will only succeed toaccomplish this security by means of anintact, producing agriculture in our owncountry an agriculture with a well diver-sified and decentralised enterprise struc-ture, the way we still have it today, at leastin parts. A diversified enterprise must con-sist of decentralised production structuresand some ranges of products (dairy farm-ing, cultivation of land, cultivation of fruit

    and vegetables etc).No less important are the supplying and

    the processing industries (seeding materi-al, fertilisers, farm machinery respectivelymilling, dairy production, bakeries, butch-eries etc).

    We know that we are not able to reacha 100 % food self sufficiency based on

    population figures and the scarce culturallands still at our disposal. Thus Switzer-land must take effective measures to com-prehensively fulfil the state political task to protect and defend the sovereigntyof our country. Among others, this againcalls for implementing political strategiesfor provisions based on the highest pos-sible degree of self-sufficiency throughdomestic production and additionallyaligned to crisis proof agreements on ob-ligations for supplies from reliable con-tract partners. (The EU and also the USAwill supposedly not be those partners, as

    shown in the past.)The Federal Council and the federal ad-

    ministration are taking another path. Pro-moted passively or actively by the major-ity in parliament, the Federal Council ispursuing agricultural policies that exposethe producing agricultural sector to a greatdisadvantage and by which they are con-ciously pursuing a consolidation. Everyday three agricultural enterprises are dis-appearing. Concerning food provisions forour country, the fathers and mothers of ourcountry are also building on the so called

    free market.There is no difference to a beginners

    tight rope walking on a lofty tight ropewithout sufficient safety measures. Thefree market will, with absolute certain-ty, dictate conditions of supply and price which means the same as surrender to theenemy in an emergency situation.

    Full granaries are an instrument ofpower but only for those possessing them.This taught us already the Old Testament.And the USA are doing everything con-ceivable to empty the granaries of the restof the world, to build and sustain theirown unique position of power as soleworld provider.

    With reasonable agriculture and pro-visions policies, in terms of state and se-curity interests, we do stand a chance toat least partly, elude the claims for powerfrom abroad.

    The world has changed

    Yet we live in a fair-weather nostalgia.Our neighbours are good friends. TheUnited States as protecting power willput their protective hand over our country.

    We have done everything to keep ourfriends happy: Anticipatory obedience, theacquisition of foreign law, the perforationof banking secrecy, the weakening of the

    Is Switzerland a sovereign state?Considerations to the federal elections

    by Reinhard Koradi, President Komitee selbstbewusste freie Schweiz (Committee for a confident and free Switzerland)

    continued on page 4

    ple: He who pays the piper calls the tune. Itis certainly no mistaken policy for Switzer-

    land to keep on the right side of its neigh-bours, but when it gets straight down to thenitty-gritty for our country, we need person-alities who stand up again and say, thus farand no further.

    Direct democracy thrives on the activ-ity of the citizenship. It is entirely in theirhands where the journey will go. Whe-ther Switzerland will continue to be a sov-ereign, federal, direct democratic, andneutral state solving problems in a temper-ate way and for the benefit of its citizens,ultimately depends on us, the citizens, our-selves. Let us use our voice and speak up

    when it is a matter of our country and ulti-mately of our freedom. This is easily lost,but to recover it would take decades, if in-deed it were ever to succeed.

    1 cf. Wilfried Scharnagel. Bayern kann es auchalleine ( Bavaria Can Also Do It Alone), p. 64

    2 cf. Rudolph C. Head. Demokratie im frh-neuzeitlichen Graubnden, (Early Modern De-mocracy in the Grisons), pp. 13.

    3 cf. Benjamin Adler. Entstehung der direktenDemokratie, (Emergence of direct democracy,pp. 102.

    4 cf. Current Concerns no 9/10 , 31.3.20155 cf. Sicherheitsbericht ETH 2014 (Safety Re-

    port ETH 2014).6 cf. Henri Dunant. Eine Erinnerung an Solferi-

    no (A Memory of Solferino).7 cf. box

    The accession to a supranational

    continued from page 2

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    financial and business location Switzer-land, voluntary payments and the generousoffer to contribute to the solution of refu-

    gee problems.

    Loud promises without internalemergency what if there really

    is a fire?

    Today, it is important to build a position ofstrength and defend it.

    We are no superpower, but we certain-ly have values and trumps in our hand thatsting when they are used strategically (key-words: Alpine Transversal, Water Reser-voir, etc.).

    Why not deliberately position ourselvesas a sovereign state? Switzerland, borstig-

    es Stachelschwein (bristly porcupine) why not? That goes with a self-governedforeign policy and an economic and tradepolicy, based among other things on a highsecurity of supply with native foods for thepopulation.

    We create this security alone by meansof a productive agriculture. This meansrewriting the Swiss agricultural policy.

    Existing structures must be preservedand promoted. The operating variety is thebest guarantee for high security of supply,also in times of crisis. The risk of concen-

    tration, which is inherent in centralisa-tion, must be reduced by delicate produc-tion and distribution networks.

    Its not by coincidence that theWorldAgriculture Report (left 2008) recommen-ded local and regional production and dis-

    tribution structures on the basis of familyfarms in the fight against hunger and po-verty. These are superior to industrial ag-ricultural production in many ways. Whatis true for the less developed countries hasalso its validity for Switzerland when it

    comes to feed its own population.Our farmers can fill the granaries in

    case the are not hindered in their work.Ecology and animal welfare Yes, but notso far that doing nothing is more reward-ing than producing. As originally con-ceived direct payments should again com-pensate the income gap for farmers causedby the not cost-oriented product prices. Anext step would then be to think serious-ly about the value of healthy and naturalfoods.

    Open supply gaps can be compensatedwith intergovernmental agreements to the

    benefit of both parties. It would perhapsbe better to look east and not west.

    State and security goals have to be moreweighted than economic considerations.Not the free market access, the maximumrate of return, but the security of existence

    has first priority for our country. In otherwords: The policy must rethink and give ahigher weight to food security than com-petitiveness and growth prospects. The do-mestic production must be protected fromcheapest imports if necessary.

    Freedom and independence, armed neu-trality and our democratic rights and ob-ligations will prevail only if we crediblyand resolutely fight at all levels against theshrinking process of our sovereignty.

    Only a sovereign Switzerland can liveup to its values and contribute to the well-being of the world community.

    Is Switzerland a sovereign

    continued from page 3

    What kind of world do we leave to ourchildren and grandchildren and what willthey themselves have to take charge of oneday if they can? (Keyword education, forinstance). In our vulnerable times a con-tribution to peace as that ofLuzi Stamm

    (last edition of Current Concerns) is ex-tremely valuable. It deserves to be dis-cussed in many Swiss media. The motionfor quitting the NATO instrument Part-nership for Peace (PfP), has appealed tome in its reasoning. Our nation has cre-

    ated for itself the great reputation ... just tohelp, instead of allowing the warring par-ties to use it for their objectives. The goodreputation of the small state Switzerlandas a neutral country that doesnt take partin crisis regions but tries to mediate and

    to help must be carefully preserved. Initi-atives such as the motion of Luzi Stammgive hope in our difficult time. Thank youfor publishing the interview.

    Renate Dnki, Oberwangen

    Assistance on-site as a Swiss principle

    Simon Matthey-Doret (RTS): Itis a great pre-

    miere for inter-national jus-tice. Two weeksago the prose-cutor of Parisopened a crim-inal investiga-tion into crimesa g a in s t h u -manity againstthe Syrian re-gime of Presi-

    dent Bashar al-Assad. As yesterday of-ficially confirmed, this investigation isbased mainly on photos of corpses who

    had been tortured; a former photogra-pher of the Syrian military police haddelivered them. For the French diploma-cy, this is about nothing less than the re-sponsibility to take action against impu-nity. Our guest will certainly not denythis principle, but instead will confirmit. Live from the studio in Geneva, weare pleased to welcome the former Pres-ident of the Council of Europes HumanRights Commission: Dick Marty, goodmorning.Dick Marty: Good morning.

    Thank you that you will be talking withus until 8 clock. You have been, in thefirst place, Councillor of the Ticino Coun-cil of States, but also public prosecutor ofthe Canton Ticino. The reason for you tobe in Geneva today is the 20th anniver-

    sary of the Fondation Hirondelle, whichsupports independent media in war-torncountries or countries with violent con-

    flicts, mainly in Africa. You are memberof this organisations board of trustees.Well talk about this later, in particularabout the information on conflicts and thefreedom of information. But with respect to the opening of theFrench criminal investigation into crimesagainst humanity against the govern-ment of Bashar al-Assad: Is this not animportant signal against impunity? Haveyou welcomed this step, although there isprobably little chance of success?You will probably be surprised, but Imvery little convinced by this approach. I

    believe that it is rather part of the Frenchstrategy of throwing itself into a pose,since so my impression it is desperate-ly trying to play a certain role in the Syr-

    International criminal courts must not be misusedInterview with Dick Marty *, conducted on 2 October 2015 the morning show of the French Swiss RTS

    Radio Tlvision Suisse

    Dick Marty(picture wikipedia)

    continued on page 5

    * Dick Marty, born in 1945, is a Swiss politician

    and former state prosecutor of the Canton of Ti-cino. From 1995 to 2011 he represented the Can-ton of Ticino in the Swiss Council of State. He is aformer member of the Parliamentary Assembly ofthe Council of Europe and a member of the OSCE-Commission on Human Rights. As a special inves-

    tigator of the Council of Europe on the CIA, DickMarty uncovered the CIA secret prisons in Europe.

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    ian dossier. Undeniably, absolutely hor-rifying crimes have been and are beingcommitted in Syria every day. But to saythe perpetrator was only Bashar al-As-sad, is a completely arbitrary constriction.

    I also believe that we must admit that weare very ill-informed about this conflict,and that the information at our disposalis often one-sided and very often manip-ulated.

    Throwing oneself into a pose is a prettystrong expression. The position of Presi-dent Hollande is known: We must not ne-gotiate with Bashar al-Assad even if theRussians and maybe even the Americanshave a different view. But that does notmean that, because he is not the only of-fender, he should not be taken to court?

    Or would you say that no such measure,no criminal investigations into crimesagainst humanity should be opened be-cause Bashar al-Assad is not the onlyone?There defiinitely must be a criminal inves-tigation into the events in Syria. Howev-er, everybody knows that there is not onlyone perpetrator. So, if an investigation isinitiated against one culprit only, the af-fair becomes a one-sided process, a pro-cess which is hardly objective. Thats all.I think the first thing to do is to collect

    information and to try to find evidence,but with respect to the actions of all thoseinvolved. I am speaking of the Frenchthrowing themselves into a pose, becauseI am quite shocked by the attitude ofFrance. The SocialistHollande, who wenthead over heels to the Saudi Kings funer-al, who soldRafalewarplanes to the Sau-dis he is now selling the Rafale planesand warships to Egypt, as well as otheraircrafts to Qatar. These are all dictatorialregimes, where basic human rights are se-riously violated. This kind of doublespeakreally annoys me.

    This is very interesting. What is behindthis doublespeak, these double stand-ards? Actually, you are right, he soldweapons to Saudi Arabia, however hedoes not want to negotiate with Basharal-Assad this is precisely an example forperforming realpolitik, isnt it. Whatinterest should France have to speak withtwo tongues?I think he has a complex of the littleman who is left behind sitting in a cor-ner. He is desperately trying to find atten-

    tion. I do not think that this is realpolitik.In my opinion, realpolitik is made espe-cially by the Russians and the Americans,today. I am of the opinion that we shouldlearn the lessons from what has happenedin Iraq and Libya. Unquestionably, two ty-

    rants ruled there. Previously we spoke oftyrants, these two were truly tyrants!

    Bashar al-Assad is not a tyrant, DickMarty?I shall come back to that.

    Sorry.

    But what did they do with these two ty-rants? The country was bombed. Therewas never a lot of talking about this, butit was a huge business for the arms man-ufacturers. They blew them off, and whatis the result? It is tragic to have to say that,its really tragic: The people of Iraq and inLibya had a better life before, better thantoday! Thats the result! So if you wantto intervene in these countries, it must bedone with tact and in an intelligent way,without believing that everything can besolved with bombs.

    So the Americans are drawing lessonsfrom the events in Iraq, Libya, etc.I hope so.

    I am now returning to my question. IsBashar al-Assad a tyrant, yes or no? Wehave just talked about the term dicta-tor and its significance. Would you callBashar al-Assad a tyrant?Listen, I just dont know. I was in Syriafour or five years ago. I met Bashar al-As-sad. I talked to him for an hour. Of course,not all monsters look like monsters. He

    is an ophthalmologist. He had no inten-tion of becoming head of state. You knowthe story: It was his brother who was totake over this task. But he had a fatal ac-cident. Bashar al-Assad, the ophthalmolo-gist from London, had to return in a hurryto take over this task. He is of course adictator

    He shot his own peopleyes, but how many people are shoot-ing their own peoples these days. He isan actor on the Syrian stage. And if onewants to achieve something and not justdestroy things, one has to talk with thesepeople.

    This is exactly what they call realpo-litik, even if you do not like this term.Returning to Franois Hollande, couldone say that his behaviour in this conflictdemonstrates that he has no idea of histo-ry in a comprehensive sense?I dont know I admit, between Sarkozyand Hollande I would have voted for Hol-lande, eventually. But I find him disap-pointing. He is just sadly mediocre, that

    is all.

    What a terrible statement! Dick Marty, ifwe return to this criminal investigation, ifhe was ever convicted in the case whatwould be the significance of it?

    First there would have to be a court qual-ified to do this. We do not yet have sucha court. I think the women, children andmen living in Syria should have top pri-ority there has to be a solution to stopthe bombing and the massacres. This istop priority. We should not resort to thejudiciary in order to show off. Since be-

    fore going to court a trial can only beconducted quietly and dispassionately we first have to address the humanitari-an problem.

    So a mission with ground troops on site isneeded? I am asking this question know-ing that you are not an expert on mili-tary matters. But from a political view-point: Do we need a ground interventionin Syria in consensus between the Eastand the West?Yes, I think that such an intervention, withthe task to protect the civil population, is

    necessary.

    And doing so without misusing the judici-ary. That is what you are telling us, DickMarty. Is justice possible? Is it possibleto enforce international law against thesecrimes or will the perpetrators go unpun-ished forever?This is really the question. Because an in-ternational judiciary bound to conflicts isoften tinctured with victors justice. Andvictors justice is not a real justice. Ofcourse there were the Nuremberg trials

    which were positive overall, but even theyleft a bitter aftertaste. In the last weeks ofWorld War II, the allied bombed the towncentres of the most important German cit-ies. These were no military goals. Theywere directed against the civil population.It was a war crime

    And there was also Hiroshimaand there was also Hiroshima, ofcourse. And rationales were construct-ed in order to justify these acts. Howev-er, these are war crimes which remainedcompletely unpunished, because theywere committed by the victors. The vic-tors acts are always motivated by militaryreasons while the defeated are murderersby definition. In Nuremberg the convictedwere horrible murderers, we do not haveto discuss this. Remember that Churchilldid not want a trial. He wanted to executethem immediately.

    That was his view as a fighter in the warin India. But finally, Dick Marty, can weimage that one Bashar al-Assad remainsunpunished, for several years, just like

    this, as the leader of Syria or in somegolden exile country? Can we imaginethis?No, I do not think so. But it is most im-portant to find a transition solution, a con-

    International criminal courts

    continued from page 4

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    Actually, theUN super sum-mit in New Yorkhas passed by

    much too fast.No wonder cer-tain images hadno time to catchthe attentionof the viewersas they had de-served, drownedas they werein an excess ofrefugees wel-come images

    broadcast every evening. In fact somevery important images could be seen in

    New York and they should be remem-bered. They involved the Russian Presi-dent Putinand became ever more impres-sive the more the American President wasdrawn into the picture as well. The dif-ference was hard to miss and even theincreasingly streamlined German presscould not hide how contrite PresidentObama presented himself. His Russiancolleague was the exact opposite. Putinlooked as if he had enjoyed the time a lotsince the G8 had thrown him out in a fit ofself-isolationalism. Even in todays media

    environment, images tell you more thana thousand words. It looks like Putin hasused his time off US patronization verywell. He was relaxed and had no problemshowing it to the world.

    Russia is back on stage

    The contrast to Western behavior afterthe pro-Western putsch in Ukraine wasmore than obvious. Especially consider-

    ing the role of the Russian president atthe Ukraine conference in Paris, whichtook place a few days after the UN supersummit. Things have apparently been re-evaluated after the G7 meeting in Bavar-ia. In addition to NATO, the G7/8 meet-ings had always underscored the role ofthose events as promotions for US leader-ship and interests, as the only remainingsuperpower and the indispensable na-tion. When kicking the Russian federa-tion out of this circle, the West finishedthis unnatural spook themselves. The

    world has changed since then, and visi-bly so.

    The alternative to murderand slaughter takes shape:Russia grows into her role

    as the hegemon of international law

    Sad as it is, the recent murderous attackof the US air-force in the North Afghancity of Kunduz against a hospital, whichwas protected by international law, wasnot even necessary any more to convincepeople that the US stand for murder andslaughter in our part of the world it is

    well-known and has been a world-politi-cal reality for two decades. The world pa-tron of global misery, basically. It was out-rageous to hear the US President lamentthe misdeeds ofAssadbefore the UN. Hehimself and his drone murders should bemeasured by his own standards. He shouldalso refer his two predecessors to theIn-ternational Courtin The Hague. The in-cessant telephone calls from WashingtontoAngela Merkelregarding the migrationdevelopment makes one suspect that theorders from Washington are more willing-

    ly listened to in Berlin than the complaintsfrom all parts of the country about thelawless state created by the government.

    For some time now the political deci-sions of the Russian federation may beviewed as an alternative to all of this.

    One may look at the state of affairs fromall conceivable perspectives, be it the in-sufficient investigation of the Malaysianairline plane downed over the Ukraineor the conduct of the Russian troops inSyria. Moscow sticks to the rules thathad been imposed on Europe and theworld after a murderous world war inorder to prevent a third one from hap-pening. On the other hand, one can only

    listen in horror to Washingtons state-ments from a European perspective. Ina country which is totally bewitched byand dependent on the terrible potentialsof their weapons, the Republican presi-dential candidates advise us of the im-minent third world war. Consideringhow these people phrase their messag-es, the once proud and responsibly act-ing America must be all but finished.Murder and slaughter is the perspectiveshould the disciples ofBush, CheneyandMcCainget elected. Their democratic

    rivals, however, offer no hope either after all everything started withBillandMadeleine 16 years ago. Before that,however, there wasHenry Kissingerandthe attempt not only to overthrow inter-national law in its accepted form, but toreplace it by a new one tailored to Amer-ican interests.

    The pathetic remains of the onceproud department of international law atthe German Ministry of Foreign Affairssay it all.

    Just a few days after the anniversary cel-ebrations of the German unification, it is

    more than necessary to remind ourselvesof the crucial role international law hadplayed on the road to re-unification. FromtheHelsinki-Conference of the year 1975to the Charter of Paris in November 1990:It had been the framework of internation-al law which made all this possible. Therewas a lot we could be proud of. Most of allthe crown jewels of the German Ministryof Foreign Affairs, the department of inter-national law. Together with famous Aus-trian lawyers, Bonn proved their expertisein international law and became success-

    ful. Today probably almost nobody wouldeven know this department still exists. Thispolitical void is unfortunately symptomat-ic for the whole country. The attitude to-

    Moscow sticks to the rulesby Willy Wimmer

    President Putin filled the vacuum that has been especially created by the UnitedStates half-hearted operation in the Syria conflict. Admittedly Washington also at-tacks Jihadists positions, however, its intensity creates doubt on its seriousness.

    Klaus-Dieter Frankenberger commenting in the Frankfurter Allgemeine Zeitungfrom 8 October 2015

    Willy Wimmer(picture uk)

    continued on page 7

    trolled transition, avoiding the mistakesof Iraq where everything was destroyed.Libya does no longer exist. Previously,there had been hundreds, thousands, mil-lions of people who had lived quite well inIraq and in Libya

    But with little freedom. Little freedom ofthe press, little freedom to demonstratebut they had something to eat. Theycould walk outside without getting hit bya bomb. They could go to work on theirfields without being hurt or even killed bylandmines. All this does no longer exist.There is no government, no administra-tion in Libya and this is the result ofthe bombings. At that time it was Sarkozywho wanted this.[In the following the interview turns awayfrom the situation in Syria, turning to theSwiss Hirondelle Foundation, an NGO byjournalists and experts for humanitarianaid which, in cooperation with the UN,

    supports independent radio stations in cri-sis and war regions. Editors note] Source: RTS Radio Tlvision Suisse [SRF Swiss Radio and TV], Journal du matin, 2 Oct.

    2015

    (Translation Current Concerns)

    International criminal courts

    continued from page 5

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    wards law and order can by now onlybe described as Czarist. Like a biblicalplague, a migration movement has hit ourcountry, following the principle: no bor-ders, no state. Only the imminent collapseof Bavaria resulted in something vague-

    ly reminiscent of governmental activity.There had been times when we were actu-ally proud of our constitutional democracy.Looks like we just missed how our politi-cal order was replaced by some welcom-ing-cultural mood swings. This will finishus off in terms of internal affairs, and as faras foreign affairs are concerned will make

    us look like lunatics.

    How to keep pace with Moscowunder these circumstances?

    Moscow stands with their politics on astage of world politics which longs forpredictable developments once again.Washington stands for the destruction ofthe world as we know it and offers mis-

    ery for all. Moscow sends signals ofhope which we cannot expect any long-er from Washington. We have to adjustto this new antagonism, sensational as itmay seem, in order not to be crushed. In-ternally we have to get back to a demo-cratic state of law and order again and getrid of the regime of personal emergencyrulings issued by the still serving chan-cellor. In foreign affairs we will have toregain respectability by means of interna-tional law and readjust our policies. Rightnow utter chaos reigns in both our inter-nal and foreign state of affairs. Going on

    like this we are unable to respond to Rus-sian politics. We had been able to do so inthe past when our legal culture was stillfunctioning. Unlike ourselves, Moscowhas used those years well.

    (Translation Current Concerns)

    Moscow sticks to the rules

    continued from page 6

    Current ConcernsThe international journal for independent

    thought, ethical standards, moral responsibility,

    and for the promotion and respectof public international law, human rights

    and humanitarian law

    Publisher: Zeit-Fragen Cooperative

    Editor: Erika Vgeli

    Address:Current Concerns,

    P.O. Box, CH-8044 Zurich

    Phone: +41 (0)44 350 65 50

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    Relying on international law, we must create a genuinelybroad international coalition against terrorism

    by Vladimir Putin*

    Power vacuum in some countries in theMiddle East and Northern Africa ob-viously resulted in the emergence ofareas of anarchy, which were quicklyfilled with extremists and terrorists. Theso-called Islamic State has tens of thou-sands of militants fighting for it, includ-

    ing former Iraqi soldiers who were lefton the street after the 2003 invasion.Many recruits come from Libya whosestatehood was destroyed as a result ofa gross violation of UN Security Coun-cil Resolution 1973. And now radicalgroups are joined by members of theso-called moderate Syrian oppositionbacked by the West. They get weaponsand training, and then they defect and

    join the so-called Islamic State.In fact, the Islamic State itself did not

    come out of nowhere. It was initially de-veloped as a weapon against undesira-ble secular regimes. Having establishedcontrol over parts of Syria and Iraq, Is-lamic State now aggressively expandsinto other regions. It seeks dominancein the Muslim world and beyond. Theirplans go further.

    The situation is extremely dangerous.In these circumstances, it is hypocriticaland irresponsible to make declarationsabout the threat of terrorism and at thesame time turn a blind eye to the chan-nels used to finance and support terror-ists, including revenues from drug traf-ficking, the illegal oil trade and the armstrade.

    It is equally irresponsible to manipu-late extremist groups and use them toachieve your political goals, hoping thatlater youll find a way to get rid of themor somehow eliminate them. [...]

    Russia has consistently opposed ter-rorism in all its forms. Today, we pro-vide military-technical assistance toIraq, Syria and other regional countriesfighting terrorist groups. We think its abig mistake to refuse to cooperate withthe Syrian authorities and governmentforces who valiantly fight terrorists onthe ground. [...]

    We should finally admit that Presi-

    dent Assads government forces and theKurdish militia are the only forces really

    fighting terrorists in Syria. Yes, we areaware of all the problems and conflictsin the region, but we definitely haveto consider the actual situation on theground. [...]

    Relying on international law, wemust join efforts to address the prob-

    lems that all of us are facing, and cre-ate a genuinely broad international co-alition against terrorism. [...]

    In the days to come, Russia, as thecurrent President of the UN Securi-ty Council, will convene a ministerialmeeting to carry out a comprehensiveanalysis of the threats in the MiddleEast. First of all, we propose explor-ing opportunities for adopting a reso-lution that would serve to coordinatethe efforts of all parties that oppose Is-lamic State and other terrorist groups.Once again, such coordination shouldbe based upon the principles of the UNCharter. [...]

    Dear colleagues, ensuring peaceand global and regional stability re-mains a key task for the internationalcommunity guided by the United Na-tions. We believe this means creatingan equal and indivisible security envi-ronment that would not serve a privi-leged few, but everyone. Indeed, it isa challenging, complicated and time-consuming task, but there is simply noalternative. [...]

    Russia is confident of the UnitedNations enormous potential, whichshould help us avoid a new confronta-tion and embrace a strategy of cooper-ation. Hand in hand with other nations,we will consistently work to strength-en the UNs central, coordinating role.I am convinced that by working togeth-er, we will make the world stable andsafe, and provide an enabling environ-ment for the development of all nationsand peoples. [...]

    *Extract of the speech delivered by Vladimir

    Putin, President of the Russian Federation, at

    the UN General Assembly on 28 September 2015

    Source: http://en.kremlin.ru/events/presi-dent/news/50385

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    Vladimir Yakunin, Founding Presidentof the World Public Forum Dialogueof Civilizations (WPFDoC) on Fridayopened the 13th annual Rhodes Forum

    and announced the launch of a major newglobal think tank.

    Dr Yakunin said that the board of WPFDoC has agreed to create a research in-stitute focused on infrastructure as a pos-sible basis for new economic developmentand conflict prevention. The think tankwill be based on the foundations laid bythe organization over the past 13 years.

    Dr Yakunin, who for a decade led Rus-sian Railways, one of the worlds largesttransport companies, said that it was hisintention to devote the majority of his time

    to WPF DoC as it moves to the nextstage of its development.

    Over 350 delegates are attending thisyears Rhodes Forum. They include: Vaclav Klaus, former President of the

    Czech Republic Alfred Gusenbauer, former Federal

    Chancellor of Austria Ionnis Amanatidis, deputy Foreign

    Minister of Greece Karl-Theodor von und zu Guttenberg,

    former Defence Minister and Econom-ics Minister of Germany

    ProfHans Kchler, President, Interna-tional Progress Organization Prof Fred Dallmayr, Co-Chairman,

    WPF DoC, Professor, Department of

    Philosophy and Political Science, Uni-versity of Notre Dame

    Other participants include Cynthia Mc-Kinney,US human rights activist and for-

    mer member of the US House of Repre-sentatives,Ali Allawi, former Minister ofFinance of Iraq, Jayati Ghosh, Professorof Economics, Centre for Economic Stud-ies and Planning, Jawaharlal Nehru Uni-versity, New Delhi as well as other politi-cians, academics and civic leaders frommore than 50 countries.

    Amid the backdrop of escalating mil-itary action in Syria and the refugee cri-sis in Europe, the Rhodes Forum, whichruns from Friday, October 9thuntil Sun-day, October 11th, offers an open platformfor people from around the world to dis-

    cuss the roots of and solutions to pressingglobal problems.

    Dr Yakunin reaffirmed the core valuesat the heart of dialogue of civilizations andunderlined the importance of constructivedialogue to find peaceful solutions to cur-rent global conflicts.

    He said: Our organization is about em-bark on a period of major change and de-velopment. Having dedicated the last 13years to promoting dialogue between dif-ferent civilizations in the broadest sense, Inow want to use this base to create a world

    class think thank that will make practicalpolicy recommendations.We have seen that a world dominated

    by a single civilization does not work. Re-cent conflicts in Afghanistan, Iraq, Libya

    and Syria have demonstrated the failingsof Western interventionist foreign policy.

    It is clear from the current state ofconflict throughout the world that intercul-

    tural dialogue is vital. This view has re-cently been endorsed by the President ofthe Council on Foreign Relations,RichardHaas, who stated that the over dominanceof American foreign policy over the lastcentury has been the root of many of themost difficult struggles that exist today.

    Dr Yakunin added: In a world drivenby consumerism, people are brought uponly to care about satisfying individualneeds. This is at the expense of the cul-tural values that make up different civili-zations. If we do not try to control this wewill lose the principles and moral stand-

    ards of society.

    Source: World Public Forum, Dialogue of Civilisa-

    tions; www.wpfdc.org

    Press Release 13thRhodes Forum

    The World beyond Global Disorder

    The World Public Forum Dialogueof Civilizations is an internation-al, independent, non-governmen-tal, non-profit organization. Found-ing President and initiator of theWPF Dialogue of Civilizations is DrVladimir Yakunin. Since its founda-tion in 2002, the Forum has annual-

    ly organized an international confer-ence in Rhodes, the Rhodes Forum.This years issue has been The Worldbeyond Global disorder.

    Current ConcernsThe international journal for independent thought, ethical standards, moral responsibility, and for the promotion

    and respect of public international law, human rights and humanitarian law

    Subscribe to Current Concerns The journal of an independent cooperativeThe cooperativeZeit-Fragenis a politically and financially independent organisation. All of its mem bers work on a voluntary andhonorary basis. The journal does not accept commercial advertisements of any kind and receives no financial support from businessorganisations. The journal Current Concerns is financed exclusively by its subscribers.We warmly recommend our model of free and independent press coverage to other journals.

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    continued on page 10

    When in 1948, inthe context of de-

    colonisation, theBri tish left thefo rmer isl andCeylon, nowSri Lanka, theyleft the countrywithout offeringa common polit-ical perspectiveto the two ethnicgroups, the Sin-ghalese majori-

    ty and the Tamil minority. By introduc-ing the British Westminster system, the

    majoritarian system, they conveyed thepower to the Singhalese. This legacy wasthe main reason for the subsequent clash-es between the two ethnic groups, whichwere above all characterised by a highlevel of discrimination against Tamils.Over time, a Civil War evolved from theTamils initially peaceful protests againstthe oppression, that was fought with greatseverity. Periodic ceasefire agreementsdid not lead to solving the problem, be-cause on the part of the Singhalese, therewas no willingness for a political solu-

    tion. In May 2009 after a terrible bat-tle, the Civil War that had lasted for al-most 30 years, ended with a victory of theSinghalese army. Since that time therehave been efforts on the part of the USAas well as other countries to examine thewar final period with respect to possiblewar crimes. In the course of its autumnsession in Geneva the UN Human RightsCouncil adopted a resolution, which wassupposed to shed light on the darknesshere. On the sidelines of this conference,Current Concerns talked to Father SJEmmanuel, President of the Global TamilForum, and asked him about his assess-ment of the situation in and around SriLanka.

    Current Concerns: Parliamentary elec-tions were held in Sri Lanka, recent-ly, Rajapaxe intended to become PrimeMinister. These were anxious times forthe Tamils. What is the political situationtoday?Professor SJ. Emmanuel:Rajapaxe couldbe prevented, fortunately. However, he

    holds a seat in parliament as an ordinaryrepresentative, and with him there are 95other parliamentarians who support thisposition. The so-called coalition govern-ment between the United National Party(UNP), a Western-oriented party, and Sri

    Lanka Freedom Party (SLFP) that re-gards itself as a national party, has been

    established in a common agreement andin the next two years we will see how thesituation will develop. Both parties worktogether for the first time. That may bepositive, but they have to do somethingconcrete within the two years.

    Of what are you thinking?I am speaking about the relationship be-tween Tamils and Singhalese. A reconcil-iation process is urgently required. Sym-bolically, the new government has alreadydone something. They stopped Rajapaxespolicy and thus terminated the expulsions

    of Tamils. They also returned a small partof the territory to the affected Tamils.Furthermore the newly elected parliamentappointed a Tamil parliamentarian as op-position leader. The Tamil National Alli-ance (TNA)is represented with 16 mem-bers in parliament. This is the first time inover thirty years that a Tamil parliamen-tarian is opposition leader. President Siri-sena wanted it that way. That was an im-portant sign. However, it is a difficult taskfor the opposition leader.

    Why that?On the one hand he has to represent hispeople, on the other hand he has a generaltask. He has to lead the opposition in par-liament. Fortunately, he is a person with alot of experience. He is 82 years old, andhe will cope with the task. Another sign,indicating that the new president is inter-ested in a reconciliation with the Tamils,is the fact that the President and the For-eign Minister have asked me to come toSri Lanka to assist in this process of rec-onciliation.

    Will you do that?I have accepted the invitation. Someyoung people immediately said: You haveto go. But it will take time to see how thecountry is developing now. In order tocontribute to reconciliation I will continueto speak and to write. As a religious per-son when I travel to Sri Lanka I wantto encourage all Christians towards rec-onciliation. I am convinced that the wholeaffair is a big challenge for both sides. Forexample, the victims, the affected peo-ple, who are complaining that their fam-

    ily members have still not returned home,although the war came to an end 6 yearsago, and that the territory continues to re-main under military control. Sinhala poli-ticians have the task to calm the mood inthe country and to change the attitude to-

    wards the Tamils. During 60, 70 years oneor the other political party has pursued

    their policies at the expense of the Tamils.

    How must we understand that?The parties were convinced that it wasnecessary to suppress the Tamils in orderto protect themselves against them. UNPand SLFP have managed to complete-ly defeat the Tamils, but we Tamils havebeen suffering severely during all theseyears. In 1983 the UNP started the greatpogroms, and during the reign of theSLFP under Bandaranaike all this devel-oped to a war, and the territories of theTamils were bombed. For us Tamils that

    means that both parties are responsible.The victory in 2009 over the Liberation

    Tigers of Tamil Eelam (LTTE)is celebrat-ed as a fundamental victory over the Tam-ils. But on 4 February the National Day,the acting president said for the first time:We have won the war, but it was a cruelwar. That was very brave, indeed.

    Why is this courageous?The Singhalese celebrated (the victory)as a great success and heroic victory withmilitary parades, while the Tamils were

    weeping for their relatives that had beenkilled in that war. Now they hear fromthe new president, that the war was cruel.This means that the Singhalese may startconsidering that not everything was rightwhat happened then. By that remark hegave rise to a little hope for us Tamils.

    How does the new prime minister conducthimself?For a long time Ranil Wickremasing-hehad been the leader of the UNP and,with the help of the Norwegian govern-ment he had performed peace talks withthe LTTE, but the then President of theSLFP, Bandaranaike, interfered. It is hardfor Ranil to explain the new attitude to-wards the Tamils to his people. Bandara-naike is an important person in the pro-cess. Although she does not hold a seatin parliament, she played a very impor-tant role in the election of the new presi-dent. She was later appointed as head ofthe Reconciliation Committee.

    What is the mood like in the Singhalesepopulation?

    For the Singhalese, the LTTE [TamilLiberation Organization, which has longfought for a separate Tamil state, editorsnote] was the opponent. The soldiers are

    The identity of Sri Lanka must be redefinedWe need a reconciliation process in the relationship between Tamils and Singhalese

    Interview with Professor SJ. Emmanuel, President of the Global Tamil Forum

    Father SJ. Emmanuel

    (picture thk)

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    the heroes, they ended the war, they savedthem and brought peace back to them.They see themselves as a peaceful nation.This is the image that the majority of theSinghalese have. But the truth is quite dif-

    ferent. The war is over, but there is no realpeace, and above all, no understanding.This means that the challenges for the po-litical parties are great, and we Tamils un-derstand the difficulties that this entails.

    What contribution can the Tamils make tothis goal of reconciliation?If possible we want to assist. We canwrite and encourage people to explain thetruth about the whole story to the Singha-lese. We Tamils have not done so in thepast. We have never edited a newspaperin Singhalese or English in Colombo to

    explain to people in Sri Lanka what theTamils want. Thats a problem. We onlyhad newspapers for the Tamil people, butnot for everybody in Sri Lanka. So weTamils were always outsiders to the en-tire population, and that was a big prob-lem. The majority in Sri Lanka think: Weare Buddhist Singhalese, we are the own-ers of the country, and all the rest are mi-norities and thus second class citizens. Inorder to change this perception and to un-derstand the country as a multi-ethnic anda multi-religious country we will take a

    lot of time and courage. Whether the cur-rent government has this perseverance, wedo not know.

    But you have some hope that the situationmight improve.The way the new government is takingsmall steps forward gives cause for hope.But whether it will be able to compre-hensively revise the existing attitude to-wards the Tamils, whether it will changethe constitution etc., we cannot say now,but it has taken the first steps in this di-rection. Now some intellectual Singhalesewrite about this development in Colombo.But the people around the former presi-dent of Sri Lanka, Mahinda Rajapaxe, areopponents. There are efforts of the gov-ernment to integrate the Tamils into thestate, with a common flag, a common un-

    derstanding that the Tamils also belongto it. The identity of Sri Lanka needs tobe redefined. The Singhalese say we areSri Lankans, but they talk about the Tam-ils as Tamils. I told the Foreign Ministerthat I would never accept the national flagwithout the Tamils being represented onit. That would not work. That would be a

    big mistake.

    At the UN Human Rights Council theUnited States made some efforts to inves-tigate into the war crimes at the end ofthe Civil War. How do you assess the newresolution?

    Before the end of the war the UnitedStates had mobilised more than 50 coun-tries to give money and weapons for thewar against terrorism. The United Stateshad hoped that afterwards Sri Lankawould become ally with the United States.But the president turned away from the

    US and towards China. That is why theUnited States then tried to propose a reso-lution against the Sri Lankan governmentfor war crimes after the war. But the otherstates voted against the US and the West-ern world and celebrated the end of thewar as a victory over terrorism. The Unit-ed States were humiliated. That was thefirst time that a resolution introduced bythe US was rejected here in this buildingin Geneva.

    What was the reaction of the United

    States?They introduced another resolution, whichwas also rejected. Finally, the US weresuccessful in 2014. The Human RightsCouncil instructed the High Commis-sioner for Human Rights to carry out aninvestigation of the war crimes within ayear. Shortly before the report of the HighCommissioner, there was a change ofgovernment in Sri Lanka. The USA thenhoped for the possibility of a rapproche-ment, they have their own agenda. In Sep-tember 2015, the report on the war crimescame out. The Tamils were satisfied. Thenew government took note of this report.But they rejected the proposed mixedCourt.

    What do we have to understand by amixed Court?

    A court, composed of national and inter-national judges.

    Why do we need it, what is its purpose?The Tamils have no confidence in the na-tional judges. All Tamils request at leastone internationalised court. The new res-olution, which was introduced by both the

    United States and Sri Lanka, was adopt-ed without one dissenting vote in the UNHuman Rights Council. We Tamils tookthis decision with a certain caution. Thegovernment promised that they would co-operate with the Office of the High Com-missioner for Human Rights. That is new.It is open how they want to make theirown people understand this move and towhat extent they will actually cooperate.

    What does this mean for the government?They are now facing the task of adapt-ing their constitution so that this court

    can become active. Government officialsand military officers are under suspicionof having committed war crimes. So farthey have celebrated the victory, now theyare under suspicion of having committedwar crimes.

    How do you see this new development atthe UN?The UN has literally twice apologised thatthey did not stop the massacres of the ci-vilians. Now this is a new opportunity.The UN must now remain vigilant and ob-

    serve the new developments closely. Thelatest resolution demands that Sri Lankamust publish a report on its efforts with-in 18 months. Thus, the UN has taken onan important task. It is the only hope forthe Tamils that the government is put underpressure to take further steps here. For thefirst time in history, a coalition of the twoparties takes over this difficult task in orderto build up a new Sri Lanka. We wish it alot of courage and honesty. We Tamils alsodemand an honest attempt at finding a po-litical solution in addition to the reparationsto those affected. Thereafter the reconcilia-tion process can be realised.

    Professor Emmanuel, thank you verymuch for this interview.

    (Interview:Thomas Kaiser)

    The identity of Sri Lanka

    continued from page 9

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    In 2014, Her-mann Ploppa,

    journa list an dauthor fromGermany, pub-lished a bookentitled DieMa cher hint-er den Kulissen.Wie transatlan-tische Netzwerkeheimlich dieDemokrat ie un-t e r w a n d e r n

    (The string-pullers behind the scenes.How transatlantic networks are secret-

    ly subverting democracy). As early as in2008 the author attracted attention by abook that was not in line with the main-stream: Hitlers amerikanische Lehr-er. Die Eliten der USA als Geburtshelferdes Nationalsozialismus(Hitlers Ameri-can teachers. US elites as midwives of Na-zism). During a visit to Switzerland, therewas the opportunity to talk with the au-thor about his new book. The book com-prises about 200 pages, and naturally inan interview one can address only a fewaspects. The interview may stimulate the

    reading of the book.

    Current Concerns: Mr Ploppa, you havewritten a new book. What are the coreideas of your book?Hermann Ploppa: The central topic of thebook is that organisations in Germany,which cannot be challenged by the pub-lic, change the political paradigm and thepolitical agenda. They do so by bypassingthe public. Passing by electoral decisionsof citizens and the majority of the popula-tion, they determine political agendas andparadigms.

    On the one hand, this concerns domes-tic policy, social policy. Up to two thirdsof the population repeatedly say in sur-veys: We want a system that combines theadvantages of capitalism and socialism. Infact, we see an ever increasing economisa-tion of all areas of life. We are experienc-ing a pressure to rethink and understandeverything in economic terms, even in thesocial sphere.

    The other field concerned is foreignpolicy. Polls have repeatedly shown that

    Germans want an independent Germanforeign policy which is friendly but dis-tances itself from the power blocs. Thepeople would like to see the interests ofthe German people realised by an owncatalogue of measures. In fact, howev-

    er, it happens that our foreign policy isbecoming more and more adapted to the

    US-American interests, going as far asgetting under noticeable pressure to of-fensively represent US interests in theUkraine crisis against Russia, somethingthat we cannot justify from our own ob-jective interests.

    This did not happen from one day to theother. In your book you go back into his-tory for decades.Yes, we are talking about an intergenera-tional elite project which was developed inthe USA. Cristallisation point of this de-velopment is the Council on Foreign Re-

    lations (CFR), the Foreign Affairs Coun-cil, which aims at remoulding the entirereachable world according to the USmodel and integrating it into the Amer-ican Pax Americana. All this has hap-pened since 1921 intensified after theSecond World War by various branch or-ganisations in over 170 countries aroundthe world. In Germany for example, therewas first the Atlantic Bridge, which es-tablished the contact between the Germanelites and those of the United States, and,secondly, the Deutsche Gesellschaft fr

    Auswrtige Politik(DGAP), which in theAnglo-Saxon countries is called GermanCouncil on Foreign Relations and whichin turn is the one think tank that providesexpert reports for the US hegemony.

    The subtitle of your book says that it isabout a secret undermining of democ-racy. If I take the German Grundge-setz (Basic Law) as a standard of Ger-man democracy: Why are the activities ofthese networks compatible to the GermanGrundgesetz, and why do you say thateverything is done in secret?Since the French Revolution, it is self-evident and it is so in all Western de-mocracies and particularly in the centralEuropean democracies that all policymeasures which are taken should be de-cided and enforced by politicians as rep-resentatives of the peoples will, that theyshould reflect the majority will of the pop-ulation and should take into account whatthe population wants.

    On the other hand it is about the public,the necessity of transparency. Everythingthat is discussed and that is implement-

    ed, must be open to the peoples scrutiny.They must be able to verify, who represent-ed something and how and why he did so.If now circumventing all this decisionsare taken, for which in a procedure of dem-ocratic majority decision you would never

    get a majority, it is already as much as clan-destine infiltration. And that is incompati-

    ble with the Grundgesetz.

    You have already pointed out in answer-ing the first question that radical free-market concepts are being enforced...Exactly!

    Can you give examples that clearly showus: Here did transatlantic networks en-sure that radical free-market conceptswere enforced in Germany?The most obvious example is that firstof all our legislation in Germany waschanged in such a way that foundations

    may retain a lot more money, that theynow can develop an abundance of powerby which they are able to dictate the agen-da to the politicians. A famous exam-ple is theBertelsmann Foundation. TheBertelsmann Foundation is the power oftwo hearts. On the one hand there is themedia group Bertelsmann with the TVchannelRTLor the magazine Stern, etc.,on the other hand there is the foundation,and the two assist each other in order toadvance certain agenda items.

    Specific items on the Bertelsmann

    Foundations agenda are the privatisationand economisation of public services.There is, for example, the project School& Co. in the state of North-Rhine West-phalia which in the meantime includesmore than 250 schools that are organisedlike independent businesses. This aims atultimately being able to operate schoolsaccording to economic criteria and someday, if possible, making profit and proba-bly listing them on the stock market.

    The same happened in the universi-ty system. The Centre for Higher Edu-cation (CHE) of the Bertelsmann Foun-dation promotes, also in cooperation withthe West German Rectors Conference, theprivatisation of universities all over Ger-many, i.e. the downsizing of public fund-ing and replacing it by external funding.In Germany the same applies to the Ber-telsmann Foundations Center for Hospi-tal Management. They conceptually pre-pared, for example, the privatisation of theuniversity hospitals in Giessen and Mar-burg. Privatisation was implemented, andthen the hospital became the property ofFresenius Medical Care, that is a private

    company aspiring to make profit.

    For the average citizen, the BertelsmannFoundation is first of all a purely German

    The string-pullers behind the scenesHow transatlantic networks are secretly subverting democracy

    Interview with Hermann Ploppa, author of the book Die Macher hinter den Kulissen (The string-pullers behind the scenes)

    Hermann Ploppa(picture ma)

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    affair. How can you say that this founda-tion has something to do with transatlan-tic networks?In fact, the Bertelsmann Foundation doesnot directly operate as a pro-American or-

    ganisation. It is located in Gtersloh andoriginated from a Protestant mail-orderbookselling business. But one must addthat some organisations, some founda-tions that are not quite so closely involvedin transatlantic networks and foundations,are thinking in a more American way thanthe Americans themselves. This is a veryamazing phenomenon. The BertelsmannFoundation itself, however, also works inWashington, has an office in Washington,where it closely networks with transatlan-tic US organisations.

    Does the CEO of the group, Liz Mohn,hold a seat in such a transatlantic net-work?Liz Mohnkeeps more or less out of thewhole business. These are rather her for-mer subordinates like Mr Middelhof f,who in this respect were more noticea-ble, but she herself keeps out of the busi-ness. Rather, she is the coffee-girlfriendof Angela Merkel. People speak of theFeminate: Friede Springer, Angela Mer-kel and Liz Mohn as a Triumfeminate in allusion to the Roman Triumvirate. For

    the networks themselves there are otherswhom they have the work done.

    You have mentioned the radical-liberalmarket concept as a part of the networkpolicy. Can you say more about foreignpolicy?I would like to draw your attention to theGerman Institute for International andSecurity Affairs, whose president VolkerPerthes, a renowned orientalist at a meet-ing of the Council on Foreign Relations proposed to take action against Iran by im-planting the computer worm Stuxnetintothe Iranian nuclear power plants controlsystems. In this way he actively participat-ed in the US war against Iran.

    Let us distance ourselves a little fromGermany and look at the overall Europe-an situation. Is there even such a thing asa European-wide transatlantic network?What about the EU? What role does itplay for US interests in Europe?First of all, the US and European eliteswere and are brought together by theBilderbergers on a purely social level.

    Already since 1954. The Bilderbergersare also considered the string-pullers be-hind the European unification. Or rather,even behind the Bilderbergers there wasalready an American initiative. Further-more, the project of European integra-

    tion is a top-down project. The geopoliti-cal interests of the United States after theSecond World War were to shut WesternEurope off, to conclude a political landconsolidation. The United States thoughtthat the Soviet Union was on the verge ofseizing Western Europe by means ofcultural hegemony.

    Therefore starting out from the CIA they pumped money into Europe in acontrolled way, also via US under coverorganizations such as theAmerican Com-mittee for a United Europe, and thendrove forth seeming grassroots move-ments in Europe such as the EuropaUniongiving this geopolitical project ofthe USA, the character of a popular move-ment.

    For several years something new hasbeen added now: via the construct Europe-an Union pressure is being put on the na-tions to think and plan in a radical liberal-

    market manner. And as can be seen frommany papers, it is all about a favourableinvestment climate for corporate groups.This is the EUs very official doctrine,and according to the principle of EUlaw dominating national law is then im-posed on the democratically elected gov-ernments. This is a deeply non-democrat-ic process.

    You mentioned Germanys relationshipwith Russia. Can we say that those trans-atlantic networks might become an exis-

    tential threat for us?By all means. The Ukraine crisis showsthis clearly. It became obvious at once thatthe German media, who shortly beforehad referred to Putinas a partner worthdiscussing, began to attack him evenbelow the belt and demonise him. If youseek the guilty party, you will soon real-ize that all the initiators of this campaignbelong to transatlantic networks.

    The attacks against Putin and Russiawere simultaneously launched in all themainstream media. One should expect thatin a liberal media landscape one newspa-per takes a stance rather in favour and theother rather against Russia, and the thirdmight be neutral. However, only one opin-ion could be heard.

    That was the point, however, whenit became too much for the readership,for the hitherto loyal subscribers ofDerSpiegel, Die Zeitor Sddeutsche Zei-tung many of them cancelled their sub-scription and said: We do not acceptthis one-sidedness.Der Spiegelhad alsolaunched a survey, initiated a forum, witha leading question from the outset: How

    can we stop Putin? This forum was shutdown again after a few hours, becauseit did not bring about the desired result,namely attacks on Putin. Indeed, the ma-jority of the people spoke out in favour ofa differentiated approach towards Russia.

    Obviously transatlantic networks are ex-erting an extensive influence on Germanand European policies, in a manner andwith results that are not in the interest ofthe Germans and the Europeans.In no way, indeed.

    What can we do to make a difference? So

    that the citizens concerns will be heard?With foreign policy in view, we must em-phasise, for example, that the emergingeconomies such as Brazil, Russia, India,China and South Africa are interestingmarkets for Germany. The fact that thesecountries are interesting partners and thatwe are cut off from them, if we unilateral-ly side with the US and as a consequencethe whole Asian, the Eurasian sphere willno longer exist for us as an opportunityfor growth.

    That has already been understood inparts of the entrepreneurship. There were

    even forums where speakers clearly fa-voured opening up to the BRICS coun-tries. At the moment we are amazed athearing sounds from the federal govern-ment and from the CSU, which we havenot heard for a long time: Mr Putin wasyet an important, indispensable partnerin the fight against terrorism. That is totranslate by: We cannot do without theRussian gas and oil, and we also have themarket for convenience products in Rus-sia, for example. There is hope that thegood sense of local entrepreneurs will

    gradually carry more weight and gets astronger hearing.

    With regard to the entire population, weneed to continue networking.

    What made you write your book?In 1998, many people hoped that theSchrder/Fischer administration woulddo much better, that they would in fact

    ISBN 987-3-939816-22-5

    The string-pullers behind

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    act more peacefully and also more so-cially than the previous governments.Both hopes did not come true. The exactopposite occurred. It makes you wonderwhy. Why can the traditional means ofparliamentary democracy not enforce achange of policy? Why does it alwaystake a completely different direction?

    I became curious and wanted to knowwhat organizations they were actuallymembers of, all of them.

    Then it became rapidly obvious thatJoschka Fischer had long been involved intransatlantic networks. Without the mas-

    sive support of the Bertelsmann Founda-tion and the media group BertelsmannFischer and Schrder would never havebecome suitable for ministerial offices.In the last debates before the election, anamazing harmony could be observed be-tween Fischer and the former Christiandemocratic defense minister Volker Rhe.Rhe was an advocate of Bundeswehrmissions abroad and unlike his ChancellorHelmut Kohlin favour of the war against

    Yugoslavia.Hardly were they in government,

    Joschka Fischer continued where Hitlerhad had to stop, namely at the bombing ofBelgrade. In the meantime Fischer becameco-founder of the European Council on

    Foreign Relations. It would indeed havebeen nice if there had also been a Coun-cil on Foreign Relations, that would havebeen able to provide a counterbalance toUS hegemony instruments based on a Eu-ropean, a genuinely European interest; butthe opposite was the case. It became an-other branch of the transatlantic discours-es and paradigms. For me, all that led tothe fact that first of all I had to inform thepublic, since otherwise you just do not get

    anywhere.

    Mr Ploppa, thank you very much for theinterview.

    (InterviewKarl Mller)

    The string-pullers behind

    continued from page 12

    In the weeks and days around 3 October,the Germans commemorated the fact thatthere had been a historical turning point25 years ago: The division of Germanyinto two parts, one of which had been con-sidered and dealt with as occupation zonesin 1945 by the four victorious powers,came to an end when the German Dem-ocratic Republic joined the scope of theGrundgesetz (Basic Law) of the Feder-al Republic of Germany.

    Feature films and documentaries aboutthe period immediately before 9 Novem-

    ber 1989, the day of the opening of theBerlin Wall, and 3 October 1990, the dateof the GDRs accession, testified the wide-spread will of the people, to base their co-existence on a new fundament for democ-racy, freedom, social justice and the ruleof law.

    What has remained of it, 25 years later?The Grundgesetz would have pro-

    vided good opportunities for the fulfill-ment of the German peoples wishes.From the recognition of the inviolabil-ity of human dignity and the commit-

    ment to human rights (Grundgesetz,Article 1), results the obligation to es-tablish a democratic and social federalstate, a state under the rule of law withseparation of powers and checks of bal-ances (Grundgesetz, Article 20). Thecodification of these two articles in theso-called perpetuity clause (Article 79,paragraph 3) as well as the repeated ap-peal to right not only to law as thebasis of each of the states actions giveevidence of a constitution based on nat-ural law, which goes beyond pure legalpositivism quite deliberately formulat-

    ed with the historical experience of Nazidictatorship in mind, which had trampledon all sorts of rights. Rule of law in themeaning of the Grundgesetz is morethan binding all state action to the lawand recognising the right of every citizento take legal action against any step bythe government that affects himself. Ruleof law also means respect for and protec-tion of human dignity and human rights,the realisation of sovereignty of the peo-ple and social justice.

    National state constituted by theGrundgesetz experiences

    crisis of meaning

    Nobody is asking for a political systemsperfection, but the degradation of democ-racy, freedom, social justice and the ruleof law over the past 25 years has been soblatant that everybody should cry havoc.

    Even a Judge at the German Constitu-tional Court is apparently of that opinion,even if he chooses rather moderate words.Peter M. Huberis a judge at the 2ndSen-ate of the Court; on 1 October 2015, he

    submitted an article for the FrankfurterAllgemeine Zeitung a critical diagnosisof German constitutional reality.

    Right at the beginning the constitu-tional judge writes: A quarter of a cen-tury after the reunification, the nation-al state with its constitution based on theGrundgesetz, suffers from an identitycrisis, the rule of law shows erosional ten-dencies, democracy is being weakened,the structure of the separation of powershas further shifted in favour of the exec-utive branch, and the development of thefederal state lacks orientation.

    The Grundgesetz qualifies the Fed-eral Republic of Germany as a sover-eign German nation-state respectivelya German nation state capable of sover-eignty and definitely binding autonomousaction. Its purpose is, to ensure the Ger-mans security both internally and exter-nally, welfare, social justice and sustain-ability. The oath obliges state organs, todevote their efforts to the weal of the Ger-man people, to increase its benefits andto protect them from harm accordingto Peter M. Huber this is not an empty

    phrase but a binding specification of therepublican principle.

    The diagnosis of constitutional reali-ty in contrast is quite sobering: The longshadow of the Nazi dictatorship, globali-sation, Europeanisation and individuali-sation have shaken the awareness of thisself-evident matter-of-couse. The under-standing of the meaning and purpose ofthe nation-state that has to be at the ser-vice of its citizens has vanished. The es-sence of the rule of law, the containmentof politics by the law (Kant) has lost its

    potency. Even in jurisdiction there arisesnow the demand for a relaxation of therule of law.

    A great number of breachesof law by the state

    Huber takes the handling of the euro cri-sis as a specific example. And rightly so!

    Other examples in addition to Peter M.Hubers may be added: The way in which West Germany dealt

    with the social rights of the new citi-

    Judge at the German Constitutional Court warns:The essence of the rule of law, the containment of

    politics by the law, has lost its effective powerThere is no alternative to more direct democracy

    by Karl Mller

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    zens of the former GDR, where theprinciple that ownership should alsoserve the common good was nowhererespected, when the former publicproperty was privatised by the Treu-

    hand; the multiple breaches of Articles 25

    and 26 of the Grundgesetz, accord-ing to which the general rules of inter-national law are part of federal law, ac-cording to which the preparation of andall the more the participation in a warof aggression are unconstitutional andpunishable, therefore the war of aggres-sion against Yugoslavia was definitely aviolation of international law;

    the disregard of the right to self-deter-mination of the peoples by active par-ticipation in coups detats, most recent-

    l