Archive for July, 2017

EU starts action against Poland over judiciary reforms – Reuters

BRUSSELS (Reuters) - The European Commission launched legal action on Saturday against what it sees as Polish government attempts to undermine the independence of judges.

It gave Warsaw a month to respond.

EU commissioners decided to launch the "infringement procedure" for violating European Union law at a meeting on Wednesday, the first step in a legal process that may end at the bloc's top court, pending publication of Poland's new law.

The Commission is concerned about discretionary power given to Poland's minister of justice to prolong the mandates of judges who reach retirement age, as well as to dismiss and appoint court presidents.

"The new rules allow the minister of justice to exert influence on individual ordinary judges through, in particular, the vague criteria for the prolongation of their mandates thereby undermining the principle of irremovability of judges," the European Commission said in a statement on Saturday.

It said a key legal concern was the introduction of different retirement ages for female judges (60) and male judges (65).

Polish President Andrzej Duda on Tuesday signed into law the bill on ordinary courts, but, in a move welcomed by Brussels, blocked two other bills that would have empowered the government and parliament to replace Supreme Court judges.

Poland's eurosceptic, nationalist government has rejected Brussels' objections as "blackmail" and unjustified criticism, but has said Warsaw was open to talks to resolve the dispute.

Commission First Vice President Frans Timmermans sent a letter on Friday to Poland's foreign minister reiterating an invitation to him and the justice minister to meet in Brussels to relaunch dialogue.

He said on Wednesday that the Commission could trigger Article 7, a legal process of suspending Poland's EU voting rights, if Warsaw went ahead with plans to undermine the independence of the judiciary and the rule of law.

The European Commission also this week gave Poland a month to respond to concerns for the rule of law raised by the EU executive in an unprecedented process launched last year.

Reporting by Philip Blenkinsop; editing by Jeremy Gaunt

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EU starts action against Poland over judiciary reforms - Reuters

End of the EU? Brussels takes massive swipe at Poland as crisis continues – Express.co.uk

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It is the latest clash between the EU and Poland after the bloc waded into Warsaw's plans for judicial reforms.

The ruling comes as part of attempts to save the trees at the UNESCO World Heritage-listed forest, as a European Union lodged case against Warsaw looks likely to drag on for years.

A spokeswoman for the European Court of Justice (ECJ) gave no immediate reason for the interim ruling, but it follows a legal appeal from the European Commission earlier this month.

In an interim decision, the ECJ said the logging should stop immediately as it could cause "serious and irreversible damage" to the forest. The main case filed by the Commission against Warsaw at the ECJ could take years to conclude.

The European Commission says the ongoing logging at the forest, which is near the city of Hajnwka, violates the blocs wildlife protection laws.

Straddling the border between Poland and Belarus, Bialowieza is one of Europe's oldest and last remaining ancient forests.

Covering around 350,606 acres, it is made up of mixed forest, wetlands and river valleys.

The forest is home to Europes largest herd of bison, and more than 250 bird species - some incredibly rare.

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Environmental campaigners have held regular protests at the site as part of efforts to halt the logging, with UNESCO appealing to Poland to stop chopping down trees.

Despite the outrage, Poland's right-wing, eurosceptic government says the process is necessary to protect the forest from beetles, thus safeguarding local communities living in the area.

Warsaw officials have also increased the quota of wood that can be harvested there.

Environmental activist group ClientEarth welcomed the decision, saying continued logging would cause "serious and irreparable damage to this priceless natural environment".

Agata Szafraniuk, the group's lawyer said: "In the history of the EU, emergency measures like this ban have only been used three times in nature conservation issues.

"So far there is no case in which an interim measure of the court was not respected.

If Polish authorities do not follow that decision, it will be a serious conflict with the EU law."

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However, Poland's Environment Minister Jan Szyszko - himself a hunter who enjoys the backing of forester and hunting lobbies - claims that more than one million trees will be cut down in Bialowieza this year to curb a bark beetle invasion.

Should Poland lose the main case at the ECJ, it faces a fine in excess of 3.58 million (4 million), as well as the possibility of daily penalties of up to 268,500 (300,000) for each day Warsaw defies the court's decision.

The Polish logging issue has deeply divided the countrys citizens, and has intensified tensions with Brussels.

Relations between Poland and EU officials have become increasingly strained following the PiS governments tight control of state media and the courts, as well as the countrys refusal to take in migrants.

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Protesters shout slogans during a protest in front of the presidential palace in Warsaw

A local group of nationalist activists in Bialowieza has described environmentalists "green terrorists, vowing to confront them.

In response, Greenpeace Poland spokesman Krzysztof Cibor said: "The defenders in the Bialowieza forest are vigilant, but we all hope that nothing bad will happen."

Polish environmentalists claim Mr Szyszko's real motives for continued logging are purely political and economic, with logging increasing revenues within the local community - one of the poorest in Poland.

Poland still has several days to react to the ECJ interim decision.

Should Poland lose the main case at the ECJ, it could be fined a lump sum of more than 4 million euros and possible daily penalties of up to 300,000 euros for every day in which Warsaw fails to adhere to the court's decision.

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It comes as the ruling Law and Justice party (PiS) clashes with the EU.

On Monday, President Andrzej Duda vetoed two of three flagship judiciary reforms that had triggered large protests in Poland and European Union warnings of legal action over concerns the move would undermine Polish democracy.

The judiciary overhaul, coupled with a drive by PiS to expand its powers in other areas including the media, has provoked a crisis in relations with the executive European Commission in Brussels and sparked one of the biggest political conflicts since Poland overthrew communism in 1989.

Though many Poles view their judiciary as corrupt and dominated by communist-era ways of thinking, others see the PiS-driven reform efforts as a power grab inimical to democracy.

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End of the EU? Brussels takes massive swipe at Poland as crisis continues - Express.co.uk

The war in Afghanistan needs a change in tactics. Privatizing the military isn’t the answer – Los Angeles Times

President Trump is frustrated about the lack of progress in Afghanistan and seems to be skeptical about his military advisors proposal for the deployment of up to another 4,000 U.S. trainers, advisors and counter-terrorism forces to join the 8,500 now stationed there.

Weve been there for now close to 17 years, and I want to find out why weve been there for 17 years, how its going, and what we should do in terms of additional ideas, he told reporters recently.

We understand the presidents exasperation. Despite the expenditure of hundreds of billions of dollars and the loss of 2,400 American lives, the political and security situation in that country remains precarious, civilian casualties are increasing and corruption remains rife. In recent months the Taliban has gained ground.

So Trump is right to insist on a searching review of U.S. policy in Afghanistan, one that considers diplomatic as well as military options. But he should say no to one proposal being floated, reportedly with the encouragement of some of his advisors: the replacement of U.S. forces by private security contractors.

According to the New York Times, White House advisors Stephen Bannon and Jared Kushner, the presidents son-in-law, asked two businessmen who profited from military contracting to come up with alternatives to sending additional troops to Afghanistan. The newspaper said that Erik D. Prince, a founder of the private security firm Blackwater Worldwide, and Stephen A. Feinberg, the owner of the military contractor DynCorp International, recommended that the government rely on private contractors instead of U.S. troops.

Thats an awful proposal. Can Bannon and Kushner have already forgotten the history of Blackwater? The company became notorious after a group of its employees were convicted of killing 14 Iraqi civilians in 2007 in Baghdad.

Undaunted, Prince (who is the brother of Trumps Education secretary, Betsy DeVos) has now written a column in the Wall Street Journal offering several ideas for changes in U.S. policy in Afghanistan. Some of them, such as the consolidation of all authority in one official, might be worth consideration, although it is disturbing that Prince sees such a person as a viceroy in the mold of Gen. Douglas MacArthur during the occupation of Japan after World War II. Even more disturbingly, Prince also suggested that the U.S. rely on private military units modeled after the armies used by the East India Company the for-profit enterprise that with its own private army effectively ruled India during British colonial era. These units, he explained, were locally recruited and trained, supported and led by contracted European professional soldiers.

If Prince is suggesting that duties now performed by U.S. military officers should be entrusted to contractors mercenaries, in effect its a horrible idea. Although private contractors have played a role in every war, military functions even if they dont technically qualify as combat duty should be handled by military personnel who are accountable in the chain of command.

Apparently Secretary of Defense James Mattis agrees. According to the New York Times, Mattis refused to include the private-contractor idea in the Afghanistan policy review he is leading along with National Security Advisor H. R. McMaster. Unfortunately, that doesnt mean the idea wont come to Trumps attention via Bannon, Kushner or other close advisors. A president with a business background might be easily beguiled by the idea of contracting out a war. But it is a terrible idea.

What ideas should the president consider?

Trump and his advisors should certainly cross-examine the consensus that a continued modest U.S. military presence is vital to the success of the Afghan governments campaign against the Taliban. (No one is suggesting that the U.S. return to the troop levels it maintained at the height of its combat role in Afghanistan, when 100,000 Americans were deployed.) Even if thats the case, some experts have argued for better integration of U.S. advisors with Afghan military units and changes in the military command structure.

And the administrations review should extend beyond military strategy. Diplomacy also must be part of the equation. That includes efforts to pressure Pakistan to do more to combat terrorist groups that use its territory to launch attacks on U.S. and allied troops fighting the Taliban in Afghanistan. It also means being open to the possibility of negotiations between the government of Afghanistan and elements of the Taliban that would be willing to accept a constitution that secured basic rights. Indeed, one argument for military intervention in Afghanistan always has been that it places pressure on the Taliban to come to the negotiating table.

These are the issues Trump needs to consider in taking a new look at our involvement in Afghanistan. But he should forget about private armies.

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The war in Afghanistan needs a change in tactics. Privatizing the military isn't the answer - Los Angeles Times

US lawmakers seek increased role for India in Afghanistan – Economic Times

WASHINGTON: A bipartisan group of American senators have sought enhanced cooperation with India in Afghanistan, including increasing New Delhi's role in helping the Afghan security forces, a move that could annoy Pakistan.

The lawmakers have introduced a legislative amendment to the National Defence Authorisation Act (NDAA) - 2018 in the Senate to support their demand.

India is one of the biggest providers of developmental assistance to war-torn Afghanistan.

The amendment seeks increasing India's role in assisting the Afghan security forces through logistics support, threat analysis, intelligence, materiel, and maintenance support.

The amendment - if passed by the Senate and implemented by the US and India - could irk Pakistan as it opposes any Indian role in neighbouring Afghanistan.

The amendment was moved on Thursday by senators Dan Sullivan, Gary Peters, John Cornyn and Mark Warner.

Warner is the vice chair of the powerful Senate Select Committee on Intelligence, while Cornyn is the Senate Majority Whip for the Republican Party.

They are also the co-chairs of the Senate India Caucus.

The amendment asks Defence Secretary Jim Mattis and Secretary of State Rex Tillerson to identify ways in which India can take "security and development related steps" in Afghanistan.

It asks the Pentagon and the State Department to find ways in which India can support "targeted infrastructure development" and economic investment in Afghanistan.

"Improve the provision by India of humanitarian and disaster relief assistance to Afghanistan, including through the provision of logistics support by India, joint training between Afghanistan and India, and combined military planning by Afghanistan and India for humanitarian assistance and disaster relief missions in Afghanistan," the amendment says.

Calling for a tri-lateral security and civilian co- operation between India, Afghanistan and the US, it seeks establishment of priorities for investments to promote security and stability in Afghanistan that align with the "mutual interests" of Afghanistan, India, and the US.

It also calls for identifying gaps in the capabilities of Afghanistan security forces, and determine means of addressing such gaps; and identifying economic and infrastructure development opportunities in Afghanistan related to improving security and stability in Afghanistan.

The Senate is yet to vote on the NDAA-2018.

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US lawmakers seek increased role for India in Afghanistan - Economic Times

Won’t revive ties until Afghanistan board apologies – PCB chairman – ESPN

The PCB wants an apology from the Afghanistan Cricket Board (ACB) for its response after a bomb blast in Kabul on May 31. Ties between the boards were effectively severed in the wake of an attack that left more than 80 people dead and nearly 500 injured.

Soon after the blast, ACB tweeted that it was cancelling "agreed terms of mutual cricketing relationship" with its Pakistan counterpart. And the issue escalated when the ACB, in an expanded statement, blamed Pakistan for the attack, saying that no agreement could be "valid in a country where terrorists are housed and provided a safe haven".

"One day, their chairman [Atif Mashal] met me and was very positive about having good relations," Shaharyar Khan, the PCB chairman, said in Lahore. "But next day he gave an extremely political statement about Pakistan, so then we told them that we don't have anything to do with you. He later did express his regret on making the statement and had also apologised privately. But we, the board, have taken a position that until they apologise in public, we should not be reviving any cricketing ties with them."

Three days before the May 31 blast, a delegation led by Mashal had met Khan in Lahore. After lengthy discussions, the Pakistan board expressed its willingness to provide Afghanistan with venues for training and conditioning camps, and laid the groundwork for Pakistan's youth and senior teams to play reciprocal tours. Both boards had agreed, in principle, to play T20 friendlies - as opposed to internationals - as part of their efforts to renew ties with each other. The matches were set to take place in Kabul and Lahore in July and August.

But, following the blast, the ACB changed its stance. The PCB issued a strong response extending its sympathies to the victims of the attack, but hit back at the "baseless allegations levelled by the Afghanistan Cricket Board". After the ACB had cancelled the itinerary, the PCB then said that the matches were simply an "informal understanding with ACB". The Pakistan board also said that the tour was subject to conducive security conditions in Afghanistan and therefore stood cancelled due to the continuous "insecurity and instability" there.

Afghanistan were recently awarded Full Member status at the ICC and are now eligible to play Test cricket. The PCB has played a lauded role in Afghanistan's cricketing progress over the years.

That rise, over the past seven years, has been steady ever since they gained ODI status in 2009 after the World Cup Qualifier in South Africa that year. That was followed by three-consecutive promotions starting from the fifth division of the World Cricket League. Over the past 12 months, Afghanistan have been fairly successful against other Full Members, securing three ODI and T20I series wins over Zimbabwe and tying West Indies in an ODI series in June.

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Won't revive ties until Afghanistan board apologies - PCB chairman - ESPN