The annual celebration pays tribute to Mr. Mandela’s 67 years of service to humanity as a human rights lawyer, prisoner of conscience, international peacemaker and the first democratically elected President of post-apartheid South Africa.
The UN chief described the former leader, who died in 2013, as “a colossus of courage and conviction”.
Mr. Guterres said the best way to honour his legacy is through action against racism, discrimination, hate and the legacies of colonialism.
“And action to promote equality, human rights and above all, justice,” he added.
Inspiration for action
The Secretary-General noted that poverty, hunger and inequality are on the rise today, with many countries drowning in debt.
Meanwhile, the climate crisis is destroying the lives of those who have done the least to cause it, and the unfair and outdated international financial system is not fulfilling its function as a global safety net.
“We have it in our power to solve each of these problems,” he said.
“So, as we commemorate Nelson Mandela’s life and legacy, let us be animated by his spirit of humanity, dignity and justice. Let us stand with women and girls, young people and changemakers everywhere. And let us take action to build a better world.”
Climate action now
Nelson Mandela International Day is observed annually on his birthday, 18 July, and people everywhere are encouraged to volunteer for 67 minutes, either in their communities or virtually.
This year, the UN called for supporting its ActNow campaign on climate change and sustainability, recalling that Mr. Mandela said “we must never forget that it is our duty to protect this environment.”
The UN General Assembly will hold an informal meeting on Thursday to mark the International Day.
Speakers will include Andrew Young, politician, activist, and former United States Ambassador to the UN.
The Illegal Immigration Bill eliminates access to asylum for anyone who arrives “irregularly” in the UK, meaning they passed through a country – however briefly – where they did not face persecution.
The bill bars migrants from presenting refugee protection or other human rights claims, regardless of their circumstances. It has passed through the Commons, but has yet to clear the Upper House, the House of Lords.
The law as it stands requires their removal to another country without a guarantee that they will necessarily be able to access protections there. The bill also creates sweeping new detention powers with limited judicial oversight.
“UNHCR shares the UK Government’s concern regarding the number of asylum-seekers resorting to dangerous journeys across the [English] Channel.
“We welcome current efforts to make the existing asylum system work more effectively through fast, fair, and efficient case processing, that allows the integration of those found to be in need of international protection and the swift return home of those who have no legal basis to stay,” said UN High Commissioner for Refugees Filippo Grandi.
“Regrettably, this progress will be significantly undermined by the new legislation. Cooperation with European and other partners along the routes through which refugees and migrants are moving, is also key,” he continued.
Contrary to human rights
The Bill denies access to refugee protections for anyone falling within its scope – including unaccompanied and separated children – regardless of whether they are at risk of persecution, have suffered human rights violations, or whether they are survivors of human trafficking or modern-day slavery.
“Carrying out removals under these circumstances is contrary to prohibitions of refoulement and collective expulsions, rights to due process, to family and private life, and the principle of best interests of children concerned,” said UN High Commissioner for Human Rights Volker Türk.
The 1951 Refugee Convention, to which the UK was one of the original signatories, explicitly recognises that refugees may be compelled to enter a country of asylum irregularly.
Most people fleeing war and persecution do not have or are unable to access formal travel documents such as passports and visas. Safe and “legal” routes to immigration are therefore oftentimes not available to them.
Without the adequate operational capacity to remove large numbers of asylum-seekers or create viable removal arrangements with third countries, thousands of migrants can be expected to remain in the UK indefinitely in precarious legal situations, the agencies said.
‘Grave risks’
“For decades, the UK has provided refuge to those in need, in line with its international obligations – a tradition of which it has been rightly proud. This new legislation significantly erodes the legal framework that has protected so many, exposing refugees to grave risks in breach of international law,” said Mr. Grandi.
UN refugee and human rights experts say the legislation will also exacerbate the already vulnerable situation of refugees in the UK, drastically limiting their enjoyment of human rights and putting many at risk of detention and destitution.
Their rights to health, an adequate standard of living, and employment are all at risk, exposing them to potential exploitation and abuse.
History of compassion
“The UK has long had a commitment to upholding international human rights and refugee law. Such steadfast commitment is needed today more than ever,” said UN human rights chief Volker Türk.
“I urge the UK Government to renew this commitment to human rights by reversing this law and ensuring that the rights of all migrants, refugees, and asylum-seekers are respected, protected, and fulfilled, without discrimination.
“This should include efforts to guarantee expeditious and fair processing of asylum and human rights claims, improve reception conditions, and increase the availability and accessibility of safe pathways for regular migration,” he added.
In an alert, the agency emphasized that heatwaves are amongst the deadliest natural hazards and WMO Senior Heat Advisor, John Nairn, told reporters that extreme temperatures are poised to grow in frequency, duration and intensity.
“Repeated high night-time temperatures are particularly dangerous for human health because the body is unable to recover from sustained heat”, he said. “This leads to increased cases of heart attacks and death.”
According to a recent report by the UN agency, 60,000 additional people died due to extreme heat in Europe last summer – despite the continent’s strong early warning and health action plans.
WMO said that it was urgent to adapt infrastructure to withstand prolonged high temperatures and to raise vulnerable people’s awareness of the risks.
The agency warned of the increased risk of death through heatwaves in Asia, North Africa and the United States too.
“Heat is a rapidly growing health risk due to increased or rapid urbanization, the increasing extreme temperatures and an ageing population”, said Mr. Nairn.
According to WMO, this year’s extensive and intense heatwaves are alarming – but not unexpected – as they are in line with forecasts.
Climate change extremes
Scorching conditions “are not your normal weather systems of the past” and are with us “as a consequence of climate change”, Mr. Nairn insisted. “You are losing the North Pole ice and that is reinforcing that mechanism and it will continue for some time.”
The WMO expert added that “the recently declared El Niño is only expected to amplify the occurrence and intensity of extreme heat events. “And they will have quite serious impacts on human health and livelihoods.”
Replying to a journalist’s question on how the current heatwave had developed, Mr. Nairn pointed to “parked weather systems that accumulate a lot of sunshine and heat in one location that moves extremely slowly…You have to reverse it. You have to do climate repair to change it. So, it is global warming and is going to continue for some time.”
‘Invisible emergency’
Describing the heatwave as an “invisible emergency”, Panu Saaristo, Emergency Health Unit Team leader from the international Federation of the Red Cross and Red Crescent Societies (IFRC), said that it was crucial to look out for people who were vulnerable because of poor health, but also factor in socio-economic conditions and living arrangements, “which can also induce risks”.
Low-income neighbourhoods in European cities currently bear the brunt, he added, noting that heatwaves “also impact other areas of society through reduced economic output, strained health systems and even power outages”.
WMO stressed that worldwide, more intense and extreme heat is unavoidable and that it is imperative to prepare and adapt as many cities, homes and workplaces are not built to withstand prolonged high temperatures.
Researchers are certain that Tell el-Hamam in Jordan, where signs of extreme heat and a layer of destruction are consistent with the biblical story of the destruction of Sodom, is the site of this ancient city. In a recent interview published in late June, an archaeologist makes a compelling case regarding the identification of the ancient biblical site of Sodom. Stephen Collins, dean of the archeology department at Trinity Southwest University, says he and his team have reason to believe that Tell el-Hammam in Jordan has multiple features that point to Sodom, reports The Daily Caller. In particular, the site boasts scattered Bronze Age artefacts that show signs of intense heating. This matches the description in the biblical stories of the fiery destruction of the city.
Collins elaborates on the intriguing finds, stating, “After we get a few centimeters into the Bronze Age layer, we come across a piece of pottery—part of a storage jar that appears to be glazed.” One of Collins’ colleagues draws a parallel , comparing the visible scars to those at the Trinity nuclear test site in New Mexico, where the world’s first atomic bomb was detonated. Previous reports of the site suggest that it suffered catastrophic destruction about 4,000 years ago, possibly as a result of a meteorite impact. Although the veracity of this event has yet to be established, evidence has been found, as detailed in the study. The researcher noted the presence of a charcoal-rich layer, indicative of intense burning, as well as a collection of melted artifacts. Based on these finds, it is assumed that the site was subjected to a rapid and devastating destruction.
In addition to this, Collins claims that there are at least 25 geographical references in Scripture that can be linked to lead to the location of Sodom. As an example, he points to Genesis 13:11, which tells of Lot heading east. It should be noted that Tell el-Hamam is located east of Bethel and Ai, which is consistent with this biblical account.
The suggestion made by Collins and his team offers the attractive possibility that Tell el-Hammam was indeed the site of the ancient city of Sodom. Given the Bronze Age remains showing signs of intense heat reminiscent of Sodom’s fiery fate, and geographic correlations consistent with biblical descriptions, further research and scientific analysis will no doubt shed further light on this noteworthy hypothesis.
Scientists from the University of California (Santa Barbara) said that they managed to solve one of the most ancient mysteries of human history – the secret of the destruction of the cities of Sodom and Gomorrah, mentioned in the Bible, Express.co.uk wrote in March last year.
The scriptures say that they were wiped off the face of the earth by the wrath of God, because their inhabitants had sunk into unprecedented depravity and lost all fear. But the reality was much more prosaic, says lead study author Prof James Kennett. According to him, Sodom and Gomorrah were destroyed by a meteor shower, which burned all the buildings and caused the death of all 8,000 inhabitants. Perhaps the same event caused the walls of Jericho to fall. This hypothesis seems very plausible, considering that Jericho was located about 25 kilometers from the epicenter of the “fire element”. Scholars explain that visually what happened to Sodom and Gomorrah may indeed have resembled the wrath of God, as a giant ball of fire most likely fell from the sky on the cities. An explosion followed, which devastated the northern part of the Jordan Valley and leveled buildings on an area of about 100 acres. The palace described in ancient sources was also destroyed, the town houses and dozens of small villages were reduced to ashes.
Californian researchers are convinced that there were no survivors of this disaster. The powerful explosion occurred about 2.5 km above the ground and created a shock wave that spread at a speed of about 800 km/h. Human remains discovered by archaeologists at the crash site suggest that they were blown up or burned. Many bones are covered with cracks, some are split. “We saw evidence of temperatures in excess of 2,000 degrees Celsius,” says Prof Kennett. Similar conclusions were made by an international team of experts who studied fragments of ceramics and building materials. “Everything has melted and turned to glass,” summarizes Kenneth.
Man-made technology that could cause such damage certainly did not exist in those days. Professor Kennett compared this extraordinary event to the fall of the Tunguska meteorite in 1908, when a 12-megaton “space projectile” destroyed 80 million trees in an area of about 900 square kilometers in eastern Siberia. It may also have been the impact that wiped out the dinosaurs, but on a smaller scale. Molten metals, including iron and silica, have been found in the area where Sodom and Gomorrah are thought to have been located, in soil samples and limestone deposits. This should also be considered as evidence that something extraordinary happened there – an instantaneous impact of extremely high temperatures.
Sodom and Gomorrah together occupied an area 10 and 5 times larger than Jerusalem and Jericho respectively. Throughout this area, researchers are finding samples of cracked quartz, according to Prof. Kennett. “I think one of the main discoveries is the cracked quartz. These are grains of sand containing cracks that form only under very high pressure – explains the scientist. – Quartz is one of the hardest minerals. It is very difficult to crack,” explains the scientist.
Now researchers from all over the world are excavating the ancient city of Tal el-Haman. Many of them argue whether this settlement is exactly the place that the Bible calls Sodom. Researchers believe that the great catastrophe that occurred in this area gave rise to oral traditions that inspired the written account in the book of Genesis. Perhaps the same cataclysm gave rise to the biblical legend of the fall of the walls of Jericho.
Illustration: Orthodox icon St David and Solomon – Vatoped monastery, Mount Athos.
This reduction in aid comes at a time when Haiti is grappling with a severe humanitarian crisis, with almost half of its population, approximately 4.9 million people, unable to access sufficient food.
“It’s tragic being unable to reach some of the most vulnerable Haitians this month. These cuts could not come at a worse time, as Haitians face a multi-layered humanitarian crisis, their lives and livelihoods upended by violence, insecurity, economic turmoil and climate shocks”, said Jean-Martin Bauer, WFP Country Director for Haiti.
“Unless we receive immediate funding, further devastating cuts cannot be ruled out.”
In various regions, similar crises arising from reduced funding have led to significant cuts in emergency aid provision. In West Africa, the number of individuals receiving crucial assistance from the WFP has been reduced from 11.6 million to around 6.2 million.
And in Syria, instead of providing aid to 5.5 million people, that figure has been reduced to three million who are being prioritised. In Jordan, approximately 50,000 out of 465,000 refugees will see their support cut, the agency has reported.
Severe shortfall
WFP’s response plan in Haiti for the first half of 2023 is only 16 per cent funded, leaving a shortfall of $121 million needed to sustain vital humanitarian assistance until the end of the year.
In the first half of 2023, WFP was able to provide 450,000 school children in Haiti with a hot meal. For many, it is their only full meal of the day. However, without additional funds, almost half of these children will lose access to school meals when they return to class after the summer break.
“We are proud of what we’ve been able to achieve so far in 2023, thanks to support from our donors. We have the people, the plan, and the capacity to continue, but at this point, without immediate funding, we’re forced to make cuts which mean thousands of the most vulnerable Haitians won’t receive assistance this year,” said Mr. Bauer.
“This isn’t the time to cut back. It’s the time to step up. We can’t let Haitians down when they need us the most.”
Following weeks of negotiations, the UN-brokered accord that facilitated the export of more than 30 million tonnes of Ukrainian grain to global markets via three Black Sea ports expired on 17 July.
“Today’s decision by the Russian Federation will strike a blow to people in need everywhere,” said Mr. Guterres, speaking to journalists at UN Headquarters in New York.
The Black Sea initiative was agreed by Russia, Ukraine, Türkiye and the UN in Istanbul last July along with a parallel accord between the UN and Russia on grain and fertilizer exports from that country.
By its decision, Russia has also withdrawn security guarantees for ships navigating in the northwestern part of the Black Sea.
“Ultimately, participation in these agreements is a choice. But struggling people everywhere and developing countries don’t have a choice,” Mr. Guterres said.
‘Beacon of hope’
The grain initiative and the Memorandum of Understanding with Russia were “a lifeline for global food security and a beacon of hope in a troubled world,” he said.
“At a time when the production and availability of food is being disrupted by conflict, climate change, energy prices and more, these agreements have helped to reduce food prices by over 23 per cent since March last year,” he added.
He noted that the World Food Programme (WFP) shipped 725,000 tons to support humanitarian operations in Afghanistan, the Horn of Africa and Yemen, relieving hunger in some of the world’s hardest hit regions.
Attempt to keep deal alive
Mr. Guterres said he was aware of obstacles that remained in the foreign trade of Russian food and fertilizer products and that he had written to President Vladimir Putin with a new proposal to keep the Black Sea Initiative alive.
Quoting extensively from the letter, he noted that since the signing of the Memorandum of Understanding, and measures adopted by the Government, Russia’s grain trade had achieved high export volumes and fertilizer markets were stabilizing, with Russian exports nearing full recovery.
The letter also outlined UN action to facilitate trade amid sanctions against Russia, such as securing licenses from the United States, the United Kingdom and the European Union, and providing clarifications and guidance to the private sector.
The Secretary-General’s letter also explained how the UN has worked to find “dedicated solutions” across the banking and private sectors, which included building a “bespoke payments mechanism” for the Russian Agricultural Bank outside the SWIFT international banking network.
Moscow had lighted that SWIFT access by the bank was a key factor influencing its decisions, according to the letter.
Mr. Guterres said he was deeply disappointed that his proposal went unheeded.
UN efforts continue
Though lamenting the Russian decision, the Secretary-General was adamant that it would not stop efforts to get food products and fertilizers from both Ukraine and Russia to international markets.
Mr. Guterres said he will remain focused on the goal of advancing global food security and global food price stability, “taking into account the rise in human suffering that will inevitably result from today’s decision.”
Assembly President’s appeal
Responding to the collapse of the landmark deal, UN General Assembly President Csaba Kőrösi reiterated his call for the parties to return to dialogue.
“The challenges are complex, they are interconnected, but they are not insurmountable. It is not too late,” according to a statement issued by his Spokesperson.
Mr. Kőrösi deeply regretted Moscow’s decision to withdraw from the Initiative which he said “has provided a lifeline to millions of people hit hard by the global food security crisis triggered by the war in Ukraine.”
He also called for an end to the conflict, in line with international law and the UN Charter.
Global immunisation services reached four million more children in 2022, compared with the previous year as countries increase efforts meant to combat the historic backsliding in immunisation triggered by the COVID-19 pandemic.
Data published by the UN agencies on Monday reveal that, in 2022, 20.5 million children failed to receive one or more diphtheria, tetanus, and pertussis (DTP) vaccines, compared to 24.4 million children in 2021. DTP vaccinations are commonly used as the global indicator of immunisation coverage.
Despite the improvement, this figure is still more than the 18.4 million children who failed to receive one or more vaccines in 2019, before pandemic-related disruptions to routine immunisation services kicked in.
“These data are encouraging, and a tribute to those who have worked so hard to restore life-saving immunisation services after two years of sustained decline in immunisation coverage,” said Tedros Adhanom Ghebreyesus, WHO Director-General.
“But global and regional averages don’t tell the whole story and mask severe and persistent inequities. When countries and regions lag, children pay the price.”
Worrying disparities
The early stages of recovery in immunisation rates have not occurred equally. Progress in well-resourced countries with large infant populations such as India and Indonesia, masks slower recovery rates, or even continued declines, in middle and low-income countries.
Of the 73 countries that recorded substantial declines in coverage, 15 have recovered to pre-pandemic levels, 24 are on the road to recovery and, most concerningly, 34 have stagnated or continued to decline, said the agencies.
Measles shots trailing
Vaccination against measles, one of the most infectious of pathogens, has not recovered as well as other vaccines.
Last year, 21.9 million children – 2.7 million more than in 2019 – missed the routine measles vaccination in their first year of life, while an additional 13.3 million did not receive their second dose. This has placed children in under-vaccinated communities at heightened risk of outbreaks.
Data indicates countries with sustained immunisation coverage in the years before the pandemic have been better able to stabilise services.
South Asia, which reported gradual increases in coverage in the decade prior to the pandemic, has demonstrated a more rapid and robust recovery than regions that suffered declines, such as Latin America and the Caribbean.
The African region, which is lagging behind in its recovery, faces an extra challenge posed by population growth. As population size increases, countries must scale up immunisation services to maintain adequate coverage levels.
Reversing the trend
With support from Gavi, the Vaccine Alliance, DTP3 vaccine coverage in the 57 lower-income countries increased from 78 per cent in 2021 to 81 per cent in 2022, with the number of zero-dose children dropping by two million in the same period.
The increase in DTP3 coverage in Gavi-implementing countries was primarily concentrated in lower middle-income countries, however, with many low-income countries not yet increasing coverage.
“It is incredibly reassuring, after the massive disruption wrought by the pandemic, to see routine immunisation making such a strong recovery in Gavi-supported countries, especially in terms of reducing the number of zero-dose children,” said Dr. Seth Berkley, CEO of Gavi, the Vaccine Alliance.
“However, it is also clear from this important study that we need to find ways of helping every country protect their people, otherwise we run the risk of two tracks emerging, with larger, lower-middle-income countries outpacing the rest.”
For the first time since the COVID-19 pandemic, HPV vaccination coverage has surpassed pre-pandemic levels. HPV vaccination programmes that began pre-pandemic reached the same number of girls in 2022 as in 2019.
International effort
Many stakeholders are working to improve routine immunisation services across regions. In 2023, WHO and UNICEF, along with Gavi, The Bill & Melinda Gates Foundation, and other IA2030 partners launched “The Big Catch-Up,” a global communications and advocacy push calling on governments to reach children who missed out due to COVID-19.
The movement aims to secure financing for immunisations, develop new policies to assist children born during or just prior to the pandemic, strengthen routine services particularly among marginalised children, and build vaccine confidence and acceptance.
“Beneath the positive trend lies a grave warning,” said UNICEF Executive Director Catherine Russell.
“Until more countries mend the gaps in routine immunisation coverage, children everywhere will remain at risk of contracting and dying from diseases we can prevent. Viruses like measles do not recognise borders. Efforts must urgently be strengthened to catch up children who missed their vaccination, while restoring and further improving immunisation services from pre-pandemic levels.”
He was speaking in Geneva at the annual meeting on the rights of Indigenous Peoples, referencing in-depth conversations he had had in recent months with Indigenous representatives during missions to Colombia, Ecuador, Venezuela and Kenya.
He described the “unprincipled and devastating impact of extractive industries on the environment and the rights of Indigenous Peoples. Their dispossession from ancestral lands, and the militarization of their territories.”
He said they had described the negative impact of the climate crisis on their communities and “the scope of systemic discrimination and exclusion.”
“It’s clear that these violations must stop”, he told the meeting.
Poverty imbalance
The UN rights chief noted that Indigenous Peoples make up just over six per cent of the world’s population but account for almost a fifth of the world’s poor, according to the International Labour Organization (ILO).
He insisted their voices need to be heard “in every relevant national, regional and global conversation” and stressed the need to protect Indigenous human rights defenders from violence and reprisals.
Mr. Türk recalled the “profoundly moving” story of survival by four Huitoto children whose mother died when they were all in a plane crash in the Colombian rainforest last month. They were found alive after 40 days, including a one-year-old baby.
“The older children were able to hark back to the lessons of their mother and grandmother. They knew it was possible to understand the rainforest and to co-exist with its animals and plants, despite the risks.”
He said Indigenous people were most likely to carry the chain of culture forward: “We see this very clearly in the context of climate change”, with its unequal impact, often leaving those closest to the land, to experience the worst effects.
This is especially true for Indigenous women, he reminded, hit disproportionately by “climate damage and the unprincipled development of megaprojects.”
Meeting 45 Indigenous leaders from 30 countries just last week, the rights chief said climate change was referenced often. “As the ice melts, our culture and the way of living dies”, one participant from Greenland told him.
He said he hoped there would be increasing opportunities for Indigenous Peoples to participate at the UN, including in the Geneva-based Human Rights Council.
“Because you have a right to make your voices heard. Because you have the right to participate in decision-making in matters which would affect you, through representatives chosen by you according to your procedures. And because your voices are deeply valuable to every aspect of our work to advance human rights.”
Mariana Katzarova, Special Rapporteur on human rights in Russia and Irene Khan, Special Rapporteur on the right to freedom of opinion and expression, were responding to the 31-year-old United States citizen’s arrest and detention while on a reporting trip in the city of Yekaterinburg.
“The arrest and indictment of Mr Gershkovich on serious criminal charges which could lead to 20 years in a penal colony is an example of the severe clamp down on freedom of opinion and expression and on independent journalism in Russia since the full-scale invasion of Ukraine 17 months ago,” the experts said.
The Wall Street Journal (WSJ) correspondent was accused of acting on orders from the US Government to gather information constituting “State secrets”.
“Gershkovich’s arrest highlights the recent uptick in the use of the espionage and treason provisions of the Russian Federation Criminal Code to more frequently arrest individuals in Russia and we are alarmed by this growing trend,” the experts said. “It is a dangerous instrument given the gravity of the charges and the difficulty of public scrutiny in such cases,” they added.
The human rights experts expressed alarm over the recent uptick in the use of the espionage and treason provisions within the Criminal Code to arrest individuals, saying that in the first six months of this year, at least 43 people had been charged with treason.
‘Chilling message’
According to available data, 16 people were convicted on similar charges in 2022, and at least 24 criminal proceedings were initiated in the same year. At the end of June, it was also reported that in the first six months of 2023, at least 43 people had been charged with treason in Russia, the press release from the experts said.
“This is the first time since the Soviet era that the Russian authorities have accused a US journalist of espionage and it sends a chilling message to all foreign journalists, and indeed to all journalists in Russia,” said the experts.
Mr. Gershkovich moved to Russia in 2017 to work as a Russia-accredited journalist. For the past year, he has worked as a correspondent for the WSJ, reporting on issues such as mobilisation of recruits, sanctions and their impact on the economy and people, Russia’s growing isolation, and the Government’s attempts to silence anti-war activism.
No embassy access
The prosecution has not publicly presented any evidence to date to substantiate its allegations of espionage, the Human Rights Council-appointed experts said.
The Special Rapporteurs lodged an appeal over Mr. Gershkovich’s arbitrary arrest with the Russian authorities on 12 June and called for his immediate release. No response has been received to date.
Special Rapporteurs and other UN Human Rights Council-appointed rights experts, work on a voluntary and unpaid basis, are not UN staff, and work independently from any government or organisation.
Lettori case // Longest-running breach of the parity of treatment provision of the Treaty in the history of the EU nears an end.
The College of Commissioners at its meeting on Friday last unanimously endorsed the referral of infringement proceedings N.2021/4055 to the Court of Justice of the European Union(CJEU). The proceedings, taken because of Italy’s continuing discrimination against foreign language lecturers in Italian universities(Lettori ), were opened in September 2021. The Court has already ruled four times in favour of the Lettori in a line of litigation which extends back to the seminal Allué rulingof 1989.
The College of Commissioners’ decision is recorded under the Jobs and Social Rights portfolio section in the July infringement package. Given the newsworthiness of the College’s decision, a press release, giving additional detail on the case was also published. It records that the case is being referred to the Court because of Italy’s failure to implement the ruling in enforcement Case C-119/04, a ruling which was handed down in 2006.
In their ruling in that case, 13 judges of the Grand Chamber held that a last-minute Italian law of March 2004 was compliant with EU law. The law awarded Lettori a reconstruction of their career from the date of first employment with reference to the parameter of a part-time researcher or more favourable parameters. The law, though it remains in the statute book, has never been implemented.
Following Friday’s decision of the College, interest in this high-profile discrimination case is certain to increase. In enforcement case C-119/04, the Commission recommended the imposition of daily fines of € 309.750 on Italy for decades of discriminatory treatment against Lettori.
The fine was waived because of the enactment by Italy of a last-minute law of March 2004. In an eventual future hearing Italy’s defence team will have the unenviable task of explaining to the Court why the law which spared Italy the recommended fines was never subsequently enforced. Hence, the case has the scope to be a major public and political embarrassment for Italy.
Infringement proceedings pit complainants against member states in breach of their Treaty obligations. It goes without saying that the member states have infinitely greater resources at their disposal for defending their position than the complainants have for proving the persistence of a breach.
The complainants’ relative disadvantage in this regard is added to by the fact that exchanges in infringement proceedings between the Commission and the member state in breach are confidential. Hence, under existing arrangements, a complainant is never fully sure of the Commission’s legal position and intentions.
Against these odds, complainant Asso. CEL.L, a Lettori association founded at the La Sapienza University of Rome, and assisted by FLC CGIL, Italy’s largest trade union, has been providing the Commission with irrefutable evidence of the persistence of Italy’s breach of the Treaty, both prior to and over the course of infringement proceedings N.2021/4055. A number of important morals and lessons on the efficacy of the infringement procedure and the role of the complainant emerge from these experiences.
The Treaty Provisions on infringement proceedings
The 1957 Founding Treaty of Rome empowered the European Commission, as guardian of the Treaty, to take infringement proceedings against Member States for perceived violation of their Treaty obligations. Later, the Treaty of Maastricht further empowered the Commission to take follow-on enforcement cases for non-implementation of earlier infringement rulings, and the Court to impose pecuniary penalties on Member States where it deemed the Commission had proven its case.
These measures, particularly when taken in tandem, would seem adequate to remedy breaches of EU law in that rational member states would comply rather than pay heavy daily fines.
In the Lettori enforcement case, the Court waived the daily fines proposed by the Commission because Italy enacted last-minute legislation which the Court judged to be compliant with EU Law. However, Italy never subsequently enforced its legislation.
Hence the Commission had to revert to the first stage and start fresh infringement proceedings, thus prolonging a case which should have been resolved with the enforcement procedure.
Repetition of this unfortunate outcome could be avoided by verifying with the complainant that enacted member state legislation has in fact been enforced.
The complainant
In the Lettori case, the infringement proceedings were preceded by a pilot case, which ran on for ten years. Nearing retirement, and despairing of ever receiving justice, a group of Lettori at “La Sapienza” University of Rome formed Asso.CEL.L and applied for and obtained the status of an official complainant with the Commission.
With a mix of skills in law, statistics, data processing, Asso.CEl.L resolved to improve the quality of representations to the Commission and persuade it to move to infringement proceedings properly. A new professionalism was evident in the organization of a nationwide census of Lettori, conducted with the cooperation of FLC CGIL, which documented to the Commission’s satisfaction that the universities had not implemented the CJEU ruling in Case C-119/04.
A thorough knowledge of EU law and procedure is essential for a complainant. To his end, Asso.CEL.L set up a web page to educate colleagues on Lettori case law before the European courts.
Resources
Asso.CEL L is unique among Lettori representative organizations in that it has never accepted contributions. The negligible to zero cost of modern means of information communication and virtual meetings means running costs are very low.
Freed of the need to canvass for contributions and the bureaucratic requirement to compile and justify annual accounts, Asso.CEL.L has been able to devote its best energies to the infringement proceedings.
The moral here is that would-be complainants should master modern means of internet communication to keep their running costs low.
Relations with trade unions
In discrimination against non-national workers cases the support of a domestic trade union is invaluable. That FLC CGIL, Italy’s largest trade union, called on the Commission to prosecute Italy for its discriminatory treatment of non-national workers carried great weight.
With its impressive national organization, the cooperation of FLC CGIL proved essential to the success of the nationwide Lettori census. The same on-the-ground organization facilitated the success of the three protests held this academic year, on December 13, April 20, and most recently in the national strike of June 30.
The Press
It is obvious that good media coverage helps the cause of a complainant. In the university cities of Padova, Florence (1), and Perugia (2), local Italian TV was generous in coverage of the Lettori strike of June 30. The audience response was very supportive.
At the European level, The European Times has consistently reported on the Lettori case from the opening of the infringement proceedings to the referral of the case by the College of Commissioners to the Court of Justice. For funded organizations, there will always be a temptation to indulge in propaganda to maintain subscription income.
In its relations with the press Asso.CEL.L has always followed a policy of never trading accuracy for advocacy. This policy has been facilitated by the European Times policy of providing substantiating web links to Lettori case law.
The Parliamentary Question
MEP Claire Daly
Though exchanges between the Commission and member states in perceived breach of their Treaty obligations are confidential in infringement proceedings, the Commission must reply to parliamentary questions from MEPs.
Intelligent use of the parliamentary question can help a complainant’s case and such use also has a positive public relations value.
Dublin MEP Clare Daly has kept the Lettori case before the EU conscience, both through her speeches in the European Parliament and her questions co-signed by other Irish MEPs to the Commission. The last of these questions successfully called on the Commission to refer the Lettori case to the CJEU.
Conclusion
On university campuses across Italy on Friday the Commission’s decision to refer the Lettori case to the CJEU was warmly welcomed. Though geographically remote from the Lettori in Brussels, there was recognition that the Commission had been attentive to the representations of Asso.CEL.L and FLC CGI in its conduct of the infringement proceedings.
MEP Clare Daly said :
“The decision of the Commission to refer the Lettori case to the Court of Justice is very welcome. Workers’ rights under the Treaty must be respected across the EU. I will continue to liaise with the official complainant Asso.CEL.L and with my fellow MEPs to ensure that the Lettori receive the settlements for the reconstruction of career due to them under EU law.”
