Cyber-attacks: Council prolongs framework for sanctions for another year

The Council has decided to prolong the framework for restrictive measures against cyber-attacks threatening the EU or its Member States for another year, until 18 May 2022.

This framework allows the EU to impose targeted restrictive measures on persons or entities involved in cyber-attacks that cause a significant impact and constitute an external threat to the EU or its Member States.

Restrictive measures can also be imposed in response to cyber-attacks against third states or international organisations where such measures are considered necessary to achieve the objectives of the Common Foreign and Security Policy (CFSP).

Sanctions currently apply to eight individuals and four entities and include an asset freeze and a travel ban. Additionally, EU persons and entities are forbidden from making funds available to those listed.

This latest prolongation is part of the EU’s scale-up of its resilience and its ability to prevent, discourage, deter and respond to cyber threats and malicious cyber activities in order to safeguard European security and interests.

In June 2017, the EU stepped up its response by establishing a Framework for a joint EU diplomatic response to malicious cyber activities (the “cyber diplomacy toolbox”).

The framework allows the EU and its Member States to use all CFSP measures, including restrictive measures if necessary, to prevent, discourage, deter and respond to malicious cyber activities targeting the integrity and security of the EU and its Member states. The EU remains committed to a global, open, stable, peaceful and secure cyberspace and, therefore, reiterates the need to strengthen international cooperation in order to foster rules-based order in this area.

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A new agenda for the Mediterranean

The European Council has approved a series of conclusions that underline the determination of the European Union to renew and consolidate its strategic cooperation with the countries of the Southern Shore of the Mediterranean. The aim is to face together common challenges, to take advantage of shared opportunities and to release the region’s economic potential for the benefit of its population.

To stimulate a long-term and sustainable socio-economic recovery and the creation of employment on the southern shores of the Mediterranean is a joint priority and forms the innovative cornerstone of this new Mediterranean agenda. By working together, the EU and its partners on the Southern Shore can turn climatic and environmental challenges and digital transformation into great opportunities for sustainable development, contributing to a green transition that is both fair and inclusive. The EU will use all the instruments at its disposal, including the NDICI-Global Europe initiative and the European Fund for Sustainable Development Plus (EFSD+), and will collaborate with financial institutions to achieve this objective, paying special attention to the human dimension and to creating opportunities for young people.

Good governance, the promotion and protection of human rights and basic freedoms, democratic institutions and the rule of law are also considered as essential for long-term stability, security and the sustainable development of the region. The EU will intensify its commitment to these issues and will renew its efforts in terms both of the prevention and resolution of conflicts, and of cooperation concerning questions of security, migration and the degree of preparation and capacity of response of countries’ national health systems.

The EU intends to strengthen political dialogue throughout the Mediterranean by establishing annual meetings of the foreign affairs ministers of the EU Member States and those of the partner countries of the Southern Shore, with a view to monitoring progress in the implementation of the new Mediterranean agenda.

The main conclusions reached included the following:

1. A Southern Shore that is democratic, more stable, more ecologically aware and more prosperous is a shared strategic priority and essential interest both for the EU and for its Southern Shore partners. Global and regional challenges have increased and have highlighted our interdependence. It is only through strong action in a spirit of collaboration and co-ownership that we will be able to meet the objectives first set 25 years ago in Barcelona in order to bring peace, stability and prosperity for the people of the Mediterranean region.

2. Remembering the conclusions of the European Council’s December 2020 meeting and the European Council members’ declaration of 26 February 2021, the Council reaffirms its determination to renew and consolidate even further the EU’s strategic cooperation with its Southern Shore partners in order to face our common challenges, to take advantage of our shared opportunities and to release the full potential of our shared region. It undertakes to do so in conjunction with its partner countries, on the basis of the joint deliberations with our Southern Shore neighbours launched at the EU-Southern Neighbourhood ministerial meeting held in Barcelona on 26 November 2020.

3. The COVID-19 pandemic has had a major impact both on the EU and on its Southern Shore neighbours, with negative implications in terms of both health and citizens’ means of subsistence. The Mediterranean region is also recognised as one of the main hotspots with regard to climate change, being already seriously affected by accelerating desertification, the shortage of water and the rise in temperatures. These crises have shown the growing interdependence of the Mediterranean region and have highlighted the need to reinforce our shared resilience and open up new routes towards increased cooperation. Together with the new opportunities represented by the ecological and digital transitions, this opens up new opportunities to develop a positive agenda for our partnership.

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The European Council adopts justice, rights and values programmes

The Council has adopted the two programmes which constitute the EU justice, rights and values fund as part of the EU financial framework for 2021-2027.

The programmes will help to further promote, strengthen and protect justice, rights and EU values. They will support the development of a European area of justice based on the rule of law, mutual recognition and mutual trust.

According to the current Portuguese holders of the rotating EU presidency, the COVID-19 pandemic has hit the Member States in many ways, from healthcare to their economic and social fabric, and the recovery efforts will build the Europe we will live in for decades to come.

It is of utmost importance to ensure that in doing this, we strengthen our democratic and open societies, build a future based on our common values and promote our citizens right to justice by further developing a modern, well-functioning justice area. The funding extended through these programmes will be key to helping us achieve this.

The rights and values programme will have an overall budget of a maximum of 1.55 billion (a budget of €641.7 million, with an additional allocation of a maximum of €912 million), and it sets out four specific objectives:

– To protect and promote EU values.

– To promote equality and rights, including gender equality, anti-discrimination and the rights of children.

– To promote citizens’ engagement and participation in the democratic life of the EU and raise awareness of the common European history.

– To fight violence, above all, against children and women.

The justice programme will have a budget of €305 million, and it sets out the following specific objectives:

– To facilitate and support judicial cooperation in civil and criminal matters and to promote the rule of law independence and impartiality of the judiciary.

– To support and promote judicial training, with a view to fostering a common legal, judicial and rule-of-law culture.

– To facilitate effective and non-discriminatory access to justice for all, including by electronic means, and support the rights of victims of crime as well as the procedural rights of suspects and accused persons.

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The European Council will build a Cybersecurity Competence Centre in Romania

The European Union has reached an agreement to boost the security of the internet and other critical network and information systems by establishing a Cybersecurity Competence Centre to pool investment in cybersecurity research, technology and industrial development.

The new body, to be based in Bucharest, Romania, will channel cybersecurity-related funding from Horizon Europe and the Digital Europe Programme.

The European Cybersecurity Industrial, Technology and Research Competence Centre will work together with a network of national coordination centres designated by member states.

The Centre will also bring together the main European stakeholders, including industry, academic and research organisations and other relevant civil society associations, to form a Cybersecurity Competence Community that will enhance and spread cybersecurity expertise across the EU.

The Council has already adopted the regulation establishing the Centre and the network. It now falls to the European Parliament to definitively approve the measure.

The Portuguese Office of the Presidency, which currently holds the rotating Presidency of the Council of the European Union, says the new Cybersecurity Competence Centre and network will play a key role in helping secure the digital infrastructure that so many of us use every day for work and leisure, as well as information systems and networks in vital areas such as health, transport, energy, financial markets and banking systems.

It will also bolster the global competitiveness of the EU’s cybersecurity industry, SMEs in particular, and strengthen our leadership and strategic autonomy in the cybersecurity domain.

The Competence Centre will cooperate closely with the European Union Agency for Cybersecurity (ENISA).

The vote, taken by written procedure, means that the Council has adopted its position at first reading. The legal act now needs to be adopted by the European Parliament at second reading before being published in the EU Official Journal.

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A counter-terrorism agenda for the EU: anticipate, prevent, protect and respond

In December 2020, the  European Commission presented a new Counter-Terrorism Agenda to the European Parliament, the European Council, the European Economic and Social Committee and the Committee of Regions.

The recent spate of attacks on European soil have served as a sharp reminder that terrorism remains a real and present danger. As this threat evolves, so too must our cooperation to counter it. The transnational nature of terrorist networks requires a strong collective approach at EU level, one that safeguards and upholds our pluralistic society, common values and our European way of life. Citizens have the right to feel safe in their own homes and streets, as well as on the internet. The EU has a key role to play in helping to deliver that security.

The EU remains on terrorist alert. The jihadist threat from or inspired by Daesh, al-Qaeda and their affiliates persists. Threats from violent right and left-wing extremists are on the rise. The nature of attacks is also shifting. The vast majority of recent attacks were carried out by individuals acting alone – often with limited preparation and readily available weaponry – targeting densely crowded or highly symbolic spaces. While single actor attacks are likely to remain prevalent, more sophisticated attacks cannot be excluded. The EU also needs to be prepared for threats from new and emerging technologies, such as the malicious use of drones, artificial intelligence and chemical, biological, radiological and nuclear material. The spread of radical ideologies and of terrorist guidance material accelerates through the use of online propaganda, with the use of social media often becoming an integral part of the attack itself.

Firstly, we need to be able to better anticipate existing and emerging threats in Europe. Information sharing and a culture of cooperation that is multi-disciplinary and multi-level remain key for a solid threat assessment that can form the basis of a future-proof counter-terrorism policy.

Secondly, we need to work to prevent attacks from occurring, by addressing and better countering radicalisation and extremist ideologies before they take root, making clear that respect for the European way of life, its democratic values and all it represents is not optional. This Agenda sets out ways of supporting local actors and building more resilient communities as a matter of priority, in close coordination with Member States, taking into account that some attacks have also been carried out by Europeans.

Thirdly, to effectively protect Europeans, we need to continue to reduce vulnerabilities, be it in public spaces or for the critical infrastructures that are essential for the functioning of our societies and economy. It is essential to modernise the management of the EU’s external borders through new and upgraded large-scale EU information systems, with reinforced support by Frontex, and ensure systematic checks at the EU’s external borders. This is necessary to close what would otherwise be a security gap when it comes to returning foreign terrorist fighters.

Fourthly, to respond to attacks when they do occur, we need to make the most of the operational support EU Agencies, such as Europol and Eurojust can provide, as well as ensure we have the right legal framework to bring perpetrators to justice and to guarantee that victims get the support and protection they need.

Finally, international engagement across all four pillars of this Agenda, facilitating cooperation and promoting capacity building, is essential to improve security inside the EU.

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The European Council approves the EU drugs strategy for 2021-2025

Last month, the European Council approved the EU strategy setting out the political framework and priorities for the EU’s drug policy in the period 2021-2025. The strategy aims to ensure a high level of health promotion, social stability and security and contribute to awareness-raising. On the basis of this strategy, the Council will prepare an action plan which will set out concrete measures to achieve these priorities.

With this strategy, the EU and its member states reaffirm their commitment to an approach which is based on evidence, comprehensive and balanced between demand and supply reduction of drugs, with the preservation of human rights at its core.

With regard to drug supply reduction the strategy targets all aspects of the illicit drug market, and includes the prevention of, dissuasion from and disruption of drug-related crime, particularly organised crime, through judicial and law enforcement cooperation, confiscation of criminal assets, investigations and border management.

This priority area has been further enhanced compared to the 2013-2020 strategy to respond to the challenging developments in European drug markets. These are characterised by the high availability of various types of drugs, ever-larger seizures, increasing use of violence, huge profits, and the use of social media platforms, apps and the internet and darknet for illicit drug trafficking. Such features have not faded during the COVID-19 crisis, to the contrary.

The drug-demand-reduction policy area consists of a range of mutually reinforcing measures including prevention, early detection and intervention, counselling, treatment, rehabilitation, social reintegration and recovery. Such action needs to be appropriate to the local social context and the needs of the target population, be informed by scientific evidence and be safe and effective. It needs to be developed through close collaboration between a number of health and social support services.  The COVID-19 crisis has further revealed the need to ensure the continuity of these actions.

A new chapter has been added to address drug-related harm. This section includes measures and policies to prevent or reduce the possible health and social risks and harm for users, for society and in prison settings. It covers aspects such as reducing the prevalence and incidence of drug-related infectious diseases, preventing overdoses and drug-related deaths and providing alternatives to coercive sanctions.

The strategy also identifies three cross-cutting themes in support of the policy areas:

International cooperation: enhancing the role of the EU as a global broker for a people-centred and human rights-oriented drug policy through cooperation with third countries, regions and international organisations, while strengthening the commitment to development-orientated drug policies and alternative development measures.

• Research, innovation and foresight: providing the EU and member states with the necessary comprehensive research and foresight capacities to address drug challenges in a more agile and proactive manner, increasing preparedness to respond to future challenges.• Coordination, governance and implementation: ensuring optimal implementation of the strategy, including via the key action of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and of Europol, involving civil society and providing adequate resources at EU and national level to achieve this.

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EU anti-racism action plan 2020-2025

Discrimination on grounds of race or ethnicity is prohibited in the European Union. The September 2020 Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions sets out the Union’s anti-racism strategy for 2020-2025.

The document states that discrimination persists in our society and, therefore, it is not enough to be against racism; we have to be active against it. It explains that racism damages society in different ways. Most directly, it means that many people living in Europe face discrimination, affecting their human dignity, their life opportunities, their prosperity and their well-being, and often also their personal safety.

The communication states that the EU is built on diversity and on fostering a society of pluralism, tolerance and non-discrimination.

The EU Agency for Fundamental Rights has conducted a wide range of surveys pointing to high levels of discrimination in the EU. The surveys have also identified the areas of life where racial discrimination is felt most strongly. The survey data show that racial considerations influence the likelihood of being stopped by the police. Of the 14 % of the people surveyed who said the police had stopped them in the last year, 40 % perceived that the action was taken because of their ethnic origin or immigrant background.

The survey also pointed to the fact that hate-motivated violence and harassment often remain unreported. Among people of African descent, the 64 % of victims of racist violence did not report the incidents to the police or any other organisation or service.

The Commission will undertake a comprehensive assessment of the existing legal framework to determine how to improve implementation, whether it remains fit for purpose, and whether there are gaps to be filled.

The Framework Decision on combating racism and xenophobia by means of criminal law aims to ensure that serious manifestations of racism and xenophobia are punishable by effective, proportionate and dissuasive criminal penalties throughout the EU.

The Commission will:

  • Report on the implementation of the Racial Equality Directive in 2021.
  • Present, by 2022, any legislation required to address shortcomings, including to strengthen the role and independence of equality bodies.
  • Ensure a full and correct transposition and implementation of the Framework Decision on racism and xenophobia across the EU.

The Commission encourages the Member States to:

  • Ensure that EU law is fully transposed and properly applied in Member States.
  • Swiftly reach an agreement on the 2008 Commission proposal to implement equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.

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A reduction of violence in El Salvador

342.- comando-elite-1-e1461189843981The “Territorial Control Plan” is, according to the Salvadoran government, responsible for the country’s progression from being one of the most violent countries in the world to, in January 2020, recording its lowest number of homicides since the Civil War.

The country’s President, Nayib Bukele, is confident his plan will get the financial green light as the only way to ensure the numbers continue to decrease. Many analysts, however, say the historic reduction in violence is unlikely to be the result of a security strategy that, in their opinion, offers nothing new beyond the strategies put forward by previous governments.

Despite this, the official figures clearly indicate a significant decrease in the number of homicides in El Salvador, where the rate per 100,000 inhabitants fell from 51 in 2018 to 35.8 in 2019. And the downward trend has been even more pronounced since President Bukele took office in June 2019 and announced his plan to improve the country’s security. Since July, the monthly homicide rate has remained below the 200 mark. A record low was recorded in January with 119 homicides and a daily average of 3.8, – 60% less than in January 2018 -.

Several analysts attribute the reduction in violence to factors unrelated to government policy. They believe it’s more likely the gangs have forged a pact to stop the killings in order to avoid confrontations with security forces, leaving them free to maintain control of their territories and continue to engage in extortion. Other researchers think the reduction in homicides is a mirage; the result of a gang-initiated goodwill gesture towards the new Executive. This tactic, employed by gangs in the past, effectively attempts to blackmail President Bukele with the unspoken threat of rising homicide statistics should they wish to make their voice heard or demand a concession.

The “Territorial Control Plan” is divided into seven phases, two of which have already been implemented. Phase 1 involved the deployment of hundreds of police officers and members of the armed forces onto the streets. The prevision for phase 2 includes reconstructing the social fabric and training young people. Phase 3 is pending the approval of a US$109 million dollar loan from the Central American Bank for Economic Integration to fortify El Salvador’s security forces. Phases 4 to 7 have not yet been made public.

The government believes the continual presence of the security forces in the most problematic conflict zones is crucial. Previously, they had been present for 72 hours at most, and once they retired, the criminal world sprang into action once more.

Financial sustainability is one of the most significant challenges for the strategy, which also promotes community engagement as a way of ensuring the latest figures can be maintained.

There is, after all, a limit to what the security forces can achieve in terms of repressing the violence. Without active participation from the community, the results will be difficult to sustain over time. Some analysts are in favour of investing in social reform and employment projects, which they say would help to reduce the homicide rate and not just the rate of criminal prosecution.

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The Government of El Salvador is adopting specific strategies to tackle gangs

339.- Mara_Salvatrucha_MS13Nayib Bukele, President of El Salvador, has announced the implementation of specific strategies aimed at reducing violence in the country, which continues to have one of the highest recorded homicide rates in the world at 50.3 per 100,000 inhabitants in 2018.

Although there has been criticism from within government of earlier ‘iron fist’ policies to deal with gangs, it was explained that the government is shifting to new models in the fight against crime, seeing it as a social problem resulting from lack of opportunity and poverty. Even so, there has so far been no mention of prevention or rehabilitation policies, rather the talk has been about attacking the gangs in two areas that the current government sees as key: prisons and the centres of big cities.

The first thing the government wants to do is attack gang finance. The government wants to cut off the gangs’ income so that they have no finance. It is thought that the gangs finance round 80% of their activity through extortion rackets. In parallel, the government wants to stop money laundering through the businesses that enable the gangs to operate.

A second front is to recover control of the centres of big cities, which are thought to be where the gangs run most of their extortion rackets. Government sources are of the view that previous policies focused on small rural communities were misconceived.

To take back those historic city centres, the government will deploy CCTV and put more police and soldiers on the streets. There will be an investment of $15 million in improving pay and conditions for the forces of law and order.

The third strand in the fight against the gangs is to cut communication with prisons, since some 80% of orders for killings and extortion are thought to be issued from prison. The plan is to cut off messages from prisons. Implementation requires new prison staff in order to circumvent bribery and extortion within prisons themselves.

The security plan being implemented by the Salvadorian government does not envisage any role for dialogue with the gangs. What’s more, it has been stressed that a government should not talk to “criminal groups”.

There are gang experts who believe that ‘iron fist’ policies cannot work on their own without a plan that addresses the socio-economic roots of violence in the country. There is no point in locking up thousands of gang members because they are part of the social fabric of El Salvador.

But politicians believe that the public are more concerned about crime and the government is trying to show that they are determined, which is what Salvadorians are thought to want. Nevertheless, there are political commentators who think there is room for a twin strategy: implement the existing strategy with a high-profile tougher approach to crime and when the gangs react put forward alternative proposals.

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The Organisation of American States will support prison reform in Honduras

338.- 42025187020_31480db52d_bThe Government of Honduras and the Secretary General of the Organisation of American States (OAS) have agreed to develop a penitentiary strategy to strengthen the capacities of the National Penitentiary Institute (INP) of Honduras.

The strategy will be rolled out over nine months and take a human rights approach to the care provided by the INP.

The agreement includes a restructuring of the prison system with integrative policies aimed at contributing to the social reinsertion of detainees in Honduras.

The OAS takes the view that “if you aspire to build societies free of violence and organised crime, you need to have penitentiary centres that educate and offer the opportunity to rehabilitate and reintegrate people who committed crimes into society”.

“A large part of the prison population will, at some point, recover their freedom, and we need them to be prepared to reintegrate into society”.

The strategy on which the OAS and Honduras will work – for a period of 9 months – will incorporate a human rights approach to the care provided by the system during the custody of detained persons.

The lines of action outlined by the OAS include:

– Improvement of the administration and management of the infrastructure of the prison system

– Security, control and life inside prison

– Integral rehabilitation and reintegration

– Post penitentiary assistance

– Transparency and accountability

The agreement was signed in the framework of the Fourth Meeting of the Authorities Responsible for Penitentiary and Prison Policies of the Americas.

It should be noted that according to its official figures, in 2019, Honduras recorded 3,996 homicides, 7.1% more than the 3,732 recorded in 2018.

The report also states that more than 80% of homicide victims in the country are economically active people between 18 and 50 years of age and that close to 6.5% are under 18.

Violence caused by organised crime and drug trafficking is one of the main problems in the country, which is one of those used by drug smugglers to move contraband from South America to the United States.

The Governments blames drug trafficking and extortion-related disputes between the rival Mara Salvatrucha (MS13) and Barrio 18 gangs for the majority of the homicides.

With regard to femicide, organised crime is responsible for 70% of violent female deaths in the country, and out of the 271 female assassination cases recorded in 2019, more than 90% remain unpunished. Partners or ex-partners cause the remaining 30% of deaths. A country of 9.2 million inhabitants, where one woman is killed every 18 hours.

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