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GS Paper: GS2-20.Important International institutions, agencies and fora- their structure, mandate.

  • What is the UK-Rwanda Asylum Plan?

    The United Kingdom has signed a deal with Rwanda to send some asylum seekers to the East African nation — a move that PM Boris Johnson said will “save countless lives” from human trafficking.

    Immigrants crisis in UK

    • Since 2018, there has been a marked rise in the number of refugees and asylum seekers that undertake dangerous crossings between Calais in France and Dover in England.
    • Most such migrants and asylum seekers hail from war-torn countries like Sudan, Afghanistan, and Yemen, or developing countries like Iran and Iraq.
    • The Britain that has adopted a hardline stance on illegal immigration, these crossings constitute an immigration crisis.
    • The Nationality and Borders Bill, 2021, which is still under consideration in the UK, allows the British government to strip anyone’s citizenship without notice under “exceptional circumstances”.
    • The Rwanda deal is the operationalization of one objective in the Bill which is to deter illegal entry into the United Kingdom.

    What is the Rwanda Deal?

    • The UK and Rwanda Migration and Economic Development Partnership or the Rwanda Deal is a Memorandum of Understanding (MoU) signed between the two governments.
    • Under this deal, Rwanda will commit to taking in asylum seekers who arrive in the UK on or after January 1, 2022, using illegally facilitated and unlawful cross border migration.
    • Rwanda will function as the holding centre where asylum applicants will wait while the Rwandan government makes decisions about their asylum and resettlement petitions in Rwanda.
    • Rwanda will, on its part, accommodate anyone who is not a minor and does not have a criminal record.

    Rationale of the deal

    • The deal aims to combat “people smugglers”, who often charge exorbitant prices from vulnerable migrants to put them on unseaworthy boats from France to England that often lead to mass drownings.
    • The UK contends that this solution to the migrant issue is humane and meant to target the gangs that run these illegal crossings.

    What will the scheme cost the UK?

    • The UK will pay Rwanda £120 million as part of an “economic transformation and integration fund” and will also bear the operational costs along with an, as yet undetermined, amount for each migrant.
    • Currently, the UK pays £4.7 million per day to accommodate approximately 25,000 asylum seekers.
    • At the end of 2021, this amounted to £430 million annually with a projected increase of £100 million in 2022.
    • The Rwanda Deal is predicted to reduce these costs by outsourcing the hosting of such migrants to a third country.

    Will the Rwanda Deal solve the problem of illegal immigration?

    • This deal will be implemented in a matter of weeks unless it is challenged and stayed by British courts.
    • While Boris Johnson’s government is undoubtedly bracing for such legal challenges, it remains unclear if the Rwanda Deal will solve the problem of unlawful crossings.
    • Evidence from similar experiences indicates that such policies do not fully combat “people smuggling”.

    Criticisms of the deal

    • Several activists, refugee and human rights organizations have strongly opposed the new scheme.
    • There are dangers of transferring refugees and asylum seekers to third countries without sufficient safeguards.
    • The refugees are traded like commodities and transferred abroad for processing.
    • Such arrangements simply shift asylum responsibilities, evade international obligations, and are contrary to the letter and spirit of the Refugee Convention.
    • Rwanda also has a known track record of extrajudicial killings, suspicious deaths in custody, unlawful or arbitrary detention, torture, and abusive prosecutions, particularly targeting critics and dissidents.

    Do any other countries send asylum seekers overseas?

    • Yes, several other countries — including Australia, Israel and Denmark — have been sending asylum seekers overseas.
    • Australia has been making full use of offshore detention centres since 2001.
    • Israel, too, chose to deal with a growing influx of asylum seekers and illegal immigrants from places like Sudan and Eritrea by striking deals with third countries.
    • Those rejected for asylum were given the choice of returning to their home country or accepting $3,500 and a plane ticket to one of the third countries.
    • They faced the threat of arrest if they chose to remain in Israel.

     

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  • Russia warns against NATO enlargement

    One of Russian President Vladimir Putin’s closest allies warned NATO that if Sweden and Finland joined the US-led military alliance then Russia would have to bolster its defences in the region, including by deploying nuclear weapons.

    Why in news?

    • Finland, which shares a 1,300-km border with Russia, and Sweden are considering joining the NATO alliance.

    Why do they want to join NATO?

    • The possible accession of Finland and Sweden into NATO to get collective Western security against Russia — would be one of the biggest strategic consequences of the Ukraine war.
    • Finland gained independence from Russia in 1917 and fought two wars against it during Second World War during which it lost some territory to Moscow.
    • Sweden has not fought a war for 200 years and post-war foreign policy has focused on supporting democracy internationally, multilateral dialogue and nuclear disarmament.

    What is NATO?

    • NATO is a military alliance established by the North Atlantic Treaty (also called the Washington Treaty) of April 4, 1949.
    • It sought to create a counterweight to Soviet armies stationed in Central and Eastern Europe after World War II.
    • Its original members were Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.
    • NATO has spread a web of partners, namely Egypt, Israel, Sweden, Austria, Switzerland and Finland.

    Why was it founded?

    Ans. Communist sweep in Europe post-WWII and rise of Soviet dominance

    • After World War II in 1945, Western Europe was economically exhausted and militarily weak, and newly powerful communist parties had arisen in France and Italy.
    • By contrast, the Soviet Union had emerged from the war with its armies dominating all the states of central and Eastern Europe.
    • By 1948 communists under Moscow’s sponsorship had consolidated their control of the governments of those countries and suppressed all non-communist political activity.
    • What became known as the Iron Curtain, a term popularized by Winston Churchill, had descended over central and Eastern Europe.

    Ideology of NATO

    • NATO ensures that the security of its European member countries is inseparably linked to that of its North American member countries.
    • It commits the Allies to democracy, individual liberty and the rule of law, as well as to the peaceful resolution of disputes.
    • It also provides a unique forum for dialogue and cooperation across the Atlantic.

    What is Article 5 and why is it needed?

    • Article 5 was a key part of the 1949 North Atlantic Treaty, or Washington Treaty, and was meant to offer a collective defence against a potential invasion of Western Europe.
    • It states: (NATO members) will assist the party or parties so attacked by taking forthwith, individually and in concert with the other parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
    • However, since then, it has only been invoked once, soon after the 9/11 attack in the United States.

    Why has Article 5 not been invoked this time?

    • The reason is simple: Ukraine is a partner of the Western defence alliance but not a NATO member.
    • As a result, Article 5, or the Collective Defence Pledge, does not apply.
    • While NATO has said it will not be sending troops to Ukraine, it did invoke Article 4, which calls for a consultation of the alliance’s principal decision-making body, the North Atlantic Council.
    • In its history, it has only been activated half a dozen times.
    • But the fact that this time around eight-member nations chose to invoke it was enough to demonstrate the seriousness of the situation at a global level.

    What may prompt NATO to invoke Article 5?

    • NATO will invoke Article 5 only if Russia launches a full-blown attack on one of its allies.
    • Some top US officials have warned of the impact of some of Russia’s cyberattacks being felt in NATO countries.
    • When you launch cyberattacks, they don’t recognize geographic boundaries.
    • Some of that cyberattack could actually start shutting down systems in eastern Poland.

    But what is NATO’s problem with Russia?

    • Russia has long been opposed to Ukraine’s growing closeness with European institutions, particularly NATO.
    • The former Soviet republic shares borders with Russia on one side, and the European Union on the other.
    • After Moscow launched its attack, the US and its allies were quick to respond, imposing sanctions on Russia’s central bank and sovereign wealth funds.

     

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  • Russia suspended from UN Human Rights Council membership

    Russia’s membership to the Human Rights Council (UNHRC), to which it was elected in 2020, was suspended after the United Nations General Assembly (UNGA) vote.

    Why was Russia suspended from UNHRC?

    • Russia’s three-year term as member of the Council began on January 1, 2021.
    • With membership on the Council comes a responsibility to uphold high human rights standards.
    • It is this responsibility that Russia is alleged to have wilfully violated in Ukraine.

    India stayed absent. Why?

    • India questioned the process by which the move to suspend Russia took place given that it happened before the international probe into the massacre.
    • New Delhi’s point is that it should have been brought before the Human Rights Council first, and not the UNGA, sources said.
    • This is a signal to the West that due process has not been followed, something that Indian interlocutors can draw Moscow’s attention to.

    About UN Human Rights Council

    • The UNHRC is an inter-governmental body within the United Nations system, which is responsible for strengthening the promotion and protection of human rights around the world.
    • It addresses and makes recommendations on situations of human rights violations, and can discuss all thematic human rights issues and situations.
    • The UNHRC replaced the former UN Commission on Human Rights.
    • It was created by the UNGA on March 15, 2006, and the body met in its first session from June 19-30, 2006.

    Working of the Council

    In 2007, the Council adopted an “institution-building package” to set up its procedures and mechanisms. Among these were:

    1. Mechanism of Universal Periodic Review to assess the human rights situations in all UN Member States.
    2. It has Advisory Committee that serves as the Council’s think tank providing it with expertise and advice on thematic human rights issues.
    3. Its Complaint Procedure, allows individuals and organisations to bring human rights violations to the Council’s attention.
    4. The Council also works with the UN Special Procedures established by the former Commission on Human Rights, consisting of special rapporteurs, special representatives, independent experts etc.

    Membership of the Council

    • The Council, which meets at the UN Office in Geneva, Switzerland, is made up of 47 UN Member States who are elected by majority vote through a direct and secret ballot at the UNGA.
    • The membership of the Council is based on equitable geographical distribution.
    • African and Asia-Pacific states have 13 seats each, Latin American and Caribbean states have 8 seats, Western European and other states 7 seats, and Eastern European states 6 seats.
    • The members serve for three years and are not eligible for immediate re-election after serving two consecutive terms.

    Leadership of the Council

    • The Council has a five-person Bureau, consisting of a president and four vice-presidents, each representing one of the five regional groups.
    • They serve for a year each, in accordance with the Council’s annual cycle.
    • The Human Rights Council President of the 16th Cycle (2022) is Federico Villegas, who is the Permanent Representative of Argentina to the UN and other international organizations in Geneva.
    • He was elected president of the Human Rights Council for 2022 in December 2021.

    Meetings of the Council

    • The Human Rights Council holds no fewer than three regular sessions a year, for a total of at least 10 weeks.
    • These sessions take place in March (4 weeks), June (3 weeks) and September (3 weeks).
    • The Council met in its latest (49th) regular session from February 28 to April 1, 2022
    • If a third of the Member states requests, the Council can decide at any time to hold a special session to address human rights violations and emergencies.
    • Under the presidency of Nazhat S Khan of Fiji, the Council held a record five special sessions in 2021 — on Myanmar, the Occupied Palestinian Territory and Israel, Afghanistan, Sudan, and Ethiopia.

     

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  • India condemns atrocities in Bucha, Ukraine

    India condemned the killing of civilians in Bucha, Ukraine, at the United Nations Security Council (UNSC) calling for an independent UN inquiry. (However India abstained from blaming Russia for the civilian deaths.)

    Note: Such events are of least GS importance. However, one must recognize the severity of such massacres and the imprint that it left on entire humanity. Yes, it is not India’s war, but it is no mean activity for a military superpower to march and annexe a small neighbour.  This topic holds much importance for personality test.

    Bucha massacre

    • The grimmest discoveries have been made in a Kyiv suburb called Bucha, a town located about 25 km to the northwest of the capital.
    • More than 300 bodies have been found in the town, some with their hands bound, flesh burned, and shot in the back of the head.
    • Satellite images now available show streets strewn with corpses, and many of the bodies seen by journalists in the past couple of days appear to have lain in the open for weeks.
    • The reports and pictures of corpses wearing civilian clothes, some clutching shopping bags, suggest that ordinary citizens were murdered without provocation, as they went about their daily business.

    A no lesser holocaust event

    • The discoveries have drawn comparisons with the killings of civilians in this area during World War II.
    • It reminds of the First Battle of Kyiv (part of Hitler’s Operation Barbarossa against the Soviet Union that began in June 1941) and the Second Battle of Kyiv (November-December 1943).
    • The Red (Soviet) Army started to push back the Germans from Ukraine, the area around the Ukrainian capital, including Bucha.
    • It saw the “Holocaust by bullets” during which an estimated 1.5 million people, mostly Jews, were shot dead at close range.

    A genocide or war crimes?

    • War crimes are defined as “grave breaches” of the Geneva Conventions, agreements signed after World War II that laid down international humanitarian laws during war time.
    • Deliberately targeting civilians amounts to a war crime.
    • The International Criminal Court (ICC) at The Hague has already opened an investigation into possible war crimes by Russia.
    • The investigation could in theory target even Putin. But it will be difficult to bring Russian defendants to trial or to prove intent.
    • Russia does not recognise the ICC and will likely not cooperate with the investigation.
    • The crimes of genocide are defined by the United Nations Genocide Convention of December 1948.
    • It includes acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. Genocide is seen as the gravest and most serious of all crimes against humanity.

     

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  • In news: Organisation of Islamic Cooperation (OIC)

     

    In a highly notorious move, the OIC has invited Kashmiri separatist leaders in the Foreign Ministers’ meet in Islamabad.

    What is OIC?

    • The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
    • The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
    • OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.

    Do you know?

    Guyana and Suriname (from South America) are members of OIC.

    India and OIC: A Backgrounder

    • At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
    • In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
    • Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.

    Recent developments

    • In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
    • This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
    • Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.

    What is the OIC’s stand on Kashmir?

    • It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
    • Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
    • To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
    • Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.

    A group of hippocrats

    • The OIC has been making factually incorrect and unwarranted references to Jammu and Kashmir.
    • The so-called religious group is covertly silent over the persecution of Rohingyas, Uighurs, Kurds etc.

    How has India been responding?

    • India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
    • The strength with which India has made this assertion has varied slightly at times, but never the core message.
    • It has maintained its “consistent and well known” stand that the OIC had no locus standi.
    • This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.

    OIC members and India

    • Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
    • The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
    • Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.

    Way ahead

    • India sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
    • But these countries sign off on the joint statements which are largely drafted by Pakistan.
    • India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.

     

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  • FATF retains Pakistan on its terror funding ‘Grey List’

    The global money laundering and terrorist financing watchdog Financial Action Task Force (FATF) has retained Pakistan on its terrorism financing “grey list”.

    What is the FATF?

    • FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
    • The FATF Secretariat is housed at the OECD headquarters in Paris.
    • It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
    • As of 2019, FATF consisted of 37 member jurisdictions.

    India and FATF

    • India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
    • On June 25, 2010, India was taken in as the 34th country member of FATF.
    • The EAG (Eurasian Group) is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.

    What is the role of FATF?

    • Watchdog on terror financing: The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
    • Recommendation against financial crimes: The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.

    What is the Black List and the Grey List?

    • Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
    • Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.

    Consequences of being in the FATF black list:

    • Economic sanctions from IMF, World Bank, ADB
    • Problem in getting loans from IMF, World Bank, ADB and other countries
    • Trade sanctions: Reduction in international trade
    • International boycott

    Pakistan and FATF

    • Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till June to ensure compliance with the 27-point action plan against terror funding networks.
    • It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
    • FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.

     

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  • Asian Infrastructure Investment Bank (AIIB)

    The Beijing-based Asian Infrastructure Investment Bank (AIIB) said it was putting on hold and reviewing all projects in Russia and Belarus.

    About AIIB

    • The Asian Infrastructure Investment Bank (AIIB) is a multilateral development bank with a mission to improve social and economic outcomes in Asia, began operations in January 2016.
    • It aims to stimulate growth and improve access to basic services by furthering interconnectivity and economic development in the region through advancements in infrastructure.
    • AIIB has now grown to 102 approved members worldwide. US & Japan are not its members.
    • It is a brainchild of China. It has invested in 13 member regions.

    Capital and shareholding of AIIB

    • It has authorized capital of US 100 billion dollars and subscribed capital of USD 50 billion.
    • It offers sovereign and non-sovereign finance for projects in various sectors with an interest rate of London Interbank Offered Rate (LIBOR) plus 1.15 % and a repayment period of 25 years with 5 years in grace period.
    • China is the largest shareholder in AIIB with a 26.06% voting power, followed by India with 7.62% and Russia with 5.92% voting power.

     

    Try this question from CSP 2019

    Q.With reference to Asian Infrastructure Investment Bank (AIIB), consider the following statements

    1. AIIB has more than 80 member nations.
    2. India is the largest shareholder in AIIB.
    3. AIIB does not have any members from outside Asia.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

     

    [wpdiscuz-feedback id=”si6cvunasz” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Organization of Islamic Cooperation (OIC)

    India has hit out at the Organisation of Islamic Cooperation (OIC), saying it was “hijacked by vested interests” over its remark on Karnataka Hijab Row.

    What is OIC?

    • The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
    • The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
    • OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.

    India and OIC

    • At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
    • In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
    • Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.

    Recent developments

    • In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
    • This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
    • Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.

    What is the OIC’s stand on Kashmir?

    • It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
    • Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
    • To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
    • Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.

    How has India been responding?

    • India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
    • The strength with which India has made this assertion has varied slightly at times, but never the core message.
    • It has maintained its “consistent and well known” stand that the OIC had no locus standi.
    • This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.

    OIC members and India

    • Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
    • The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
    • Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.

    Way ahead

    • India now sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
    • But these countries sign off on the joint statements which are largely drafted by Pakistan.
    • India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.

     

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  • Preventing genocide

    Context

    Incendiary speeches at a religious assembly include calls for the genocide of Muslims in India and can be seen as part of an ongoing pattern of targeting minorities.

    Background of the convention against genocide

    • India’s role: India has signed and ratified the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.
    • In 1946, Cuba, India and Panama co-sponsored General Assembly Resolution 96(I), which affirmed genocide as a ‘crime under international law’.
    • As a result of this resolution, a convention on the prohibition of genocide was drafted, which was passed by the General Assembly in 1948 and came into effect in 1951, with more than 150 states party to the convention presently.
    • Legal obligation: Legal obligations on states that are party to the convention include:
    • the obligation not to commit genocide,
    • to prevent genocide, and to punish genocide(Article I),
    • to enact legislation to give effect to the provisions of the convention (Article V);
    • to provide for effective penalties for those found guilty of criminal conduct (Article V); and
    • the obligation to try those charged with genocide in a competent tribunal (Article VI).

    No legislation enacted by India

    • Since signing the Genocide Convention and ratifying it, to date India has not enacted any legislation in accordance with Article VI of the Genocide Convention.
    • At the outset, India is in violation of its international obligation to criminalise genocide within its domestic law per Articles V, VI and VII, and to take all means to ensure the prevention of genocide.
    •  Indian domestic law shows that there are no comparable provisions for the prosecution of any mass crimes, least of all genocide.
    • Indian Penal Code provisions relating to rioting, unlawful assembly and ‘promoting enmity between different groups’ do not embody the basic elements of the crime of genocide, which is against a collectivity or a group, with the specific intent to cause its destruction.
    • These also do not pertain to another key aspect of the Genocide Convention – that of prevention, and creating the conditions in which such hate speech and other associated acts are not allowed to flourish.

    Significance of the Gambia’s proceedings before the ICJ against Myanmar

    •  The Gambia has initiated proceedings before the International Court of Justice (ICJ) against Myanmar on the basis of the Convention.
    • The ICJ, relying on a previous case of Belgium v. Senegal, stated, “It follows that any State party to the Genocide Convention, and not only a specially affected State, may invoke the responsibility of another State party with a view to ascertaining the alleged failure to comply with its obligations erga omnes partes, and to bring that failure to an end.”

    Conclusion

    It is more imperative than ever that international legal protections against genocide are incorporated in domestic legislation. Furthermore, the fact that India has international legal obligations under the Genocide Convention which it is not adhering to must be rectified.

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  • India appeals against WTO order on Sugar

    India has appealed against a ruling of the World Trade Organisation’s (WTO) trade dispute settlement panel on domestic sugar subsidies, stating that the panel had committed “certain errors of law” in its report.

    What is the case?

    • India’s Minimum Selling Price system for Sugarcane was brought to notice to the WTO by Brazil, Australia and Guatemala.

    What was the complaint against India?

    Australia, Brazil, and Guatemala said India’s domestic support and export subsidy measures appeared to be inconsistent with various articles against WTO’s:

    1. Agreement on Agriculture
    2. Agreement on Subsidies and Countervailing Measures (SCM)
    3. Article XVI (which concerns subsidies) of the General Agreement on Trade and Tariffs (GATT)
    • Domestic Support: All three countries complained that India provides domestic support to sugarcane producers that exceed the de minimis level of 10% of the total value of sugarcane production.
    • Various subsidies: They also raised the issue of India’s alleged export subsidies, subsidies under the production assistance and buffer stock schemes, and the marketing and transportation scheme.
    • Notifying support: Australia accused India of “failing” to notify its annual domestic support for sugarcane and sugar subsequent to 1995-96, and its export subsidies since 2009-10.

    India’s reply to WTO panel

    • India rejected the panel’s findings as “erroneous”, “unreasoned”, and “not supported by the WTO rules”.
    • It argued that the requirements of Article 3 of the SCM Agreement are not yet applicable to India.
    • It has a phase-out period of 8 years to eliminate export subsidies under the agreement.
    • India also argued that its mandatory minimum prices are not paid by the governments but by sugar mills, and hence do not constitute market price support.

    Backgrounder: Sugarcane Pricing in India

    Who determines Sugarcane prices?

    Sugarcane prices are determined by the Centre as well as States.

    1. The Centre announces Fair and Remunerative Prices which are determined on the recommendation of the Commission for Agricultural Costs and Prices (CACP) and are announced by the Cabinet Committee on Economic Affairs, which is chaired by Prime Minister.
    2. The State Advised Prices (SAP) are announced by key sugarcane producing states which are generally higher than FRP.

    Minimum Selling Price (MSP) for Sugar

    • The price of sugar is market-driven & depends on the demand & supply of sugar.
    • However, with a view to protecting the interests of farmers, the concept of MSP of sugar has been introduced since 2018.
    • MSP of sugar has been fixed taking into account the components of Fair & Remunerative Price (FRP) of sugarcane and minimum conversion cost of the most efficient mills.

    Basis of price determination

    • With the amendment of the Sugarcane (Control) Order, 1966, the concept of Statutory Minimum Price (SMP) of sugarcane was replaced with the Fair and Remunerative Price (FRP)’ of sugarcane in 2009-10.
    • The cane price announced by the Central Government is decided on the basis of the recommendations of the Commission for Agricultural Costs and Prices (CACP).
    • This is done in consultation with the State Governments and after taking feedback from associations of the sugar industry.

    What is FRP?

    • FRP is fixed under a sugarcane control order, 1966.
    • It is the minimum price that sugar mills are supposed to pay to the farmers.
    • However, states determine their own State Agreed Price (SAP) which is generally higher than the FRP.

    Factors considered for FRP:

    • The amended provisions of the Sugarcane (Control) Order, 1966 provides for fixation of FRP of sugarcane having regard to the following factors:

    a) cost of production of sugarcane;

    b) return to the growers from alternative crops and the general trend of prices of agricultural commodities;

    c) availability of sugar to consumers at a fair price;

    d) price at which sugar produced from sugarcane is sold by sugar producers;

    e) recovery of sugar from sugarcane;

    f) the realization made from the sale of by-products viz. molasses, bagasse, and press mud or their imputed value;

    g) reasonable margins for the growers of sugarcane on account of risk and profits.

     

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