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Subject: International Relations

  • Placing semicon diplomacy at the heart of India’s foreign policy

    Context

    The current decade presents a unique opportunity to India. . India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.

    Importance of semiconductors

    • Semiconductor chips are the lifeblood of the modern information age.
    • The semiconductor is the cornerstone of all electronic products.
    • They enable electronic products to compute and control actions that simplify our lives.
    • These semiconductor chips are the drivers for ICT development and one of the key reasons for the current flattening of the world

    Global cooperation driven by semiconductors

    • The manufacturing cycle of a semiconductor chip from sand to a finished product, sees it change hands approximately 70 times across international borders.
    • Concentrated in few geographies: The semiconductor manufacturing capacities are concentrated in a few geographies.
    • Nearly all leading edge (sub 10nm) semiconductor manufacturing capacity is limited to Taiwan and South Korea, with nearly 92 per cent located in the former.
    • Further, 75 per cent of the semiconductor manufacturing capacity is concentrated in East Asia and China.

    Opportunity for India

    • Companies are looking to diversify their supply chain and for alternatives to their bases in China.
    • The chip shortages due to Covid-19 have hit automakers with a revenue loss of $110 bn in 2021.
    • The Russia-Ukraine conflict and its implications for raw material supplies for the semiconductor value chain has also poised chipmakers to invest in strengthening the semicon supply chain.
    • India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.
    • The way ahead is conceptualising a semicon diplomacy action plan.
    • Placing semicon diplomacy at the heart of India’s foreign policy is essential both strategically and economically.
    • The multiplier effect on the economy: The establishment of the value chain for semiconductors would ensure a multiplier effect on the entire economy. 
    • National security implications: Semiconductors are used in critical infrastructures such as communication, power transmission etc., that have implications for national security. 
    • Reducing the BoP: Domestic production would be saving forex and reducing the balance of payments, especially vis a vis China.

    Way forward: Leveraging Semicon diplomacy

    • One of the ways of leveraging semicon diplomacy is increasing multilateral and bilateral cooperation.
    • Role of Quad: A key institution with immense potential in this regard is the Quad.
    • Australia, being rich in raw materials required for semiconductors, can be an important supplier to fill in India’s deficits.
    • The US and Japan can be leveraged for capacity building and their advanced semiconductor technology in logic and memory segments.
    • Pivot India’s Act East Policy: Considering that the semiconductor manufacturing and testing bases are heavily concentrated in East Asia, the Act East policy provides an opportunity to connect and strengthen ties with key players in the region.
    • Technological exchanges with ASEAN: Frequent technological exchanges between a regional bloc like ASEAN via tracks in forums like the East Asia Summit and the ASEAN regional forum will be beneficial.
    • Collective growth: Attaining self-sufficiency in semiconductor manufacturing can mean collective growth of the South Asian region.
    • India needs to harness its strengths, such as the strong presence of global EMS players, diaspora, world-class design ecosystem, demographic dividend, and use it as a pedestal for global partnerships and outreach.

    Conclusion

    India’s concept of self-reliance is not an individualistic endeavour but one that encourages growth and prosperity of all, in the spirit of Vasudhaiva Kutumbakam, meaning the entire world is one family. Similarly, we don’t have an option but to be self-reliant in semiconductors.

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  • What is China’s Global Security Initiative?

    Chinese President Xi Jinping last week proposed a “Global Security Initiative” to promote security for all in the globe.

    What is Global Security Initiative?

    • Conceived as a global public good, the initiative seeks to promote world peace and stability by fostering equity and justice among nations.
    • To do this, Xi defined his proposal in six areas:
    1. Stay committed to the vision of common, comprehensive, cooperative and sustainable security, and work together to maintain world peace and security;
    2. Stay committed to respecting the sovereignty and territorial integrity of all countries, uphold non-interference in internal affairs, and respect the independent choices of development paths and social systems made by people in different countries;
    3. Stay committed to abiding by the purposes and principles of the UN Charter, reject the Cold War mentality, oppose unilateralism, and say no to group politics and bloc confrontation;
    4. Stay committed to taking the legitimate security concerns of all countries seriously, uphold the principle of indivisible security, build a balanced, effective and sustainable security architecture, and oppose the pursuit of one’s own security at the cost of others’ security;
    5. Stay committed to peacefully resolving differences and disputes between countries through dialogue and consultation, support all efforts conducive to the peaceful settlement of crises, reject double standards, and oppose the wanton use of unilateral sanctions and long-arm jurisdiction;
    6. Stay committed to maintaining security in both traditional and non-traditional domains, and work together on regional disputes and global challenges such as terrorism, climate change, cybersecurity, and biosecurity.

    It is quite ironic that China has never adhered to any of the above-stated lofty principles and now is preaching them to the world.

    Key propositions made by Xi

    • China opposes the wanton use of unilateral sanctions and long-arm jurisdiction, appearing to refer to Western sanctions.
    • He said “some countries” were “eager to engage in exclusive ‘small circles’ and ‘small groups’”, terms Chinese officials have used previously to describe the Quad and the AUKUS (Australia-U.K.-U.S.) security pact.
    • He firmly opposed the use of the ‘Indo-Pacific’ strategy to divide the region and create a ‘new Cold War’, and the use of military alliances to put together an ‘Asian version of NATO’.
    • According to him, China upholds true spirit of multilateralism.

    A critical assessment of Xi’s speech

    • The idea of a world-encompassing security mechanism sounds like what China’s ancient emperors might have proposed.
    • Diplomats are under pressure to dissect the meaning but are having a hard time: Xi’s speech contained only abstract Chinese words and idioms.
    • One thing is very clear, China always comes out with an excessively large framework that nobody objects to.
    • The idea is that even if countries don’t agree wholeheartedly, at least they can’t fully oppose it.

    Conclusion

    • Chinese criticism of unilateralism, hegemony and double standards is usually aimed at the U.S.
    • Xi envisions a gradually weakening America replaced by a multipolar world in which China is a major player.

     

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  • In news: Balochistan Freedom Movement

    The Baloch Liberation Army (BLA), one of the most prominent militant groups operating against Pakistani, has claimed a suicidal attack on Chinese citizens in Karachi.

    Who are the BLA fighters?

    • The BLA announced itself in 2005 with a rocket attack on a paramilitary camp in Balochistan Kohlu during a visit by then President Pervez Musharraf.
    • It is a nationalist militant group that has been waging an insurgency for Baloch self-determination and a separate homeland for the Baloch people.

    Rise of Baloch nationalism

    • While the BLA’s armed insurgency is about two decades old, demands of Baloch nationalists for political autonomy and threats of secession date back to 1947.
    • The Khan of Kalat (who claimed sovereignty over the four princely states of Kalat, Lasbela, Kharan and Makran) held out for independence, and the Pakistan Army forced his accession in March 1948.
    • Between 1973 and 1977, the Zulfikar Ali Bhutto-led government sent in the Pakistan Army to crush a leftist guerilla war inspired by the liberation of Bangladesh.
    • The tribal sardars of Balochistan, who had been at the forefront of Baloch nationalism, and were co-opted by the state in the late 1970s, grew rebellious again.
    • The insurgency gathered momentum from 2006, after the Pakistan Army killed the Bugti sardar, Nawab Akbar Khan Bugti, who had been also been a chief minister and governor of the province.

    Why it is gaining momentum now?

    • The Pakistan Army’s operations against Baloch nationalists over the last two decades have seen hundreds of disappearances, and other alleged human rights violations.
    • Baloch nationalists also see the sudden influx of jihadist groups in the province as a move by the Pakistan security establishment to counter their nationalist demands.
    • In 2012, the US Congress convened a hearing on Balochistan and supported the demand for a free Baloch land.
    • In a significant shift in policy, back then in 2016, PM Modi had made a reference to the Baloch freedom struggle in his Independence Day speech.

    Why Balochistan matters?

    • Balochistan borders Afghanistan and Iran.
    • The people are mostly tribal with secular principles and are admirers of ties with India.
    • With gas, oil, copper and gold deposits, it is the most resource-rich of Pakistan’s four provinces.
    • It makes up half of Pakistan’s area, but has only 3.6% of its population.
    • Pakistan alleges that the insurgency is backed by India.
    • This is the region where a former Indian Navy officer Kulbhushan Jadhav was abducted from Iran and charged for espionage supporting Baloch activism in Pakistan.
    • Many Baloch activists had been seeking asylum and has applied for Indian citizenship. New Delhi neither confirmed nor deny the reports.

    Why did BLA target the Chinese now?

    • The BLA claimed it attacks Chinese nationals because Beijing ignored warnings not to enter deals and agreements regarding Balochistan before the province had been “liberated”.
    • Baloch people see China-Pakistan Economic Corridor (CPEC) as neo-colonist move against their sovereignty.
    • Among China’s major projects in Balochistan is the port of Gwadar, strategically located near the Strait of Hormuz – a crucial oil shipping route in the Arabian Sea.
    • The security of its nationals in Pakistan has become a major issue for Beijing, especially since it launched the CPEC.
    • Such attacks has literally stalled the work in progress of CPEC projects making it a sheer failure.

    Significance of recent events

    • It is rare that the BLA deployed female suicide bombers. Recent attack was done by a highly educated lady and mother of two.
    • This is also the first time that a non-jihadist ethno-nationalist group has deployed a woman suicide bomber in the manner of Sri Lanka’s LTTE.
    • According to security experts familiar with the Baloch insurgency, it marks a worsening security situation in Pakistan.
    • As the training camps are alleged by Pakistan to be in Afghanistan, the incident may also be a pointer to Pakistan’s loss of control over the Talibans.

     

     

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  • Common values, shared threats in India-Australia cyber security ties

    Context

    Western and media attention may be focused on the conflict between Russia and Ukraine, but countries have not taken their eye off the Indo-Pacific where there is clear evidence of the changing world order.

    India and Australia faces a common threat to cyber security

    • The India-Australia ECTA is a concrete example of the bilateral faith in common values, and understanding of threats and goals.
    • A reflection of this is cooperation in cyber security.
    • China is accused of having amassed a large number of cyber weapons and has allegedly carried out sophisticated operations aimed at espionage, theft of intellectual property, and destructive attacks on internet resources of some countries.
    • Advanced Persistent Threat (APT) groups: Australia and India have been at the receiving end of several such campaigns by the so-called Advanced Persistent Threat (APT) groups, supported by or assumed to be located in China.

    Steps toward cooperation in cyber security

    • At the June 2020 virtual bilateral summit, Prime Minister Narendra Modi and his Australian counterpart Scott Morrison elevated the bilateral relationship to a Comprehensive Strategic Partnership.
    • New cyber security framework: The new cyber framework includes a five-year plan to work together on the digital economy, cybersecurity and critical and emerging technologies.
    • Bilateral research: This will be supported by a $9.7 million fund for bilateral research to improve regional cyber resilience.
    • An annual Cyber Policy Dialogue, a new Joint Working Group on Cyber Security Cooperation and a joint working group on ICTs have been established.
    • An annual India-Australia Foreign Ministers Cyber Framework Dialogue will be held.
    • India to be part of International Cyber Engagement Strategy: India will now be included in a core Australian initiative called the International Cyber Engagement Strategy — it began in 2017 to actively conduct capacity-building arrangements in Indonesia, Singapore and Thailand, and support similar activities in Malaysia, Vietnam and Cambodia.
    • A joint Centre of Excellence for Critical and Emerging Technology Policy, to be located in Bengaluru, will be set up.

    Steps taken by India to improve cyber security

    • India has set up the office of the National Cybersecurity Coordinator, a national Computer Emergency Response Team (CERT-IN), a national Critical Information Infrastructure Protection Agency (NCIIPC), and made appropriate amendments to the Information Technology Act and Rules to enhance its cyber security posture.
    • This has upped India’s rank to 10th in the Global Cyber Security Index (GCI) 2020, from 47th just two years earlier.
    • India has capable cybersecurity professionals.

    Conclusion

    Deepening cooperation can develop avenues for mutual learning and create complementary markets in cyber tools and technologies, boosting bilateral business and strategic commitments on both continents.

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  • India’s CPC designation by the USCIRF

    In its 2022 Annual report, the United States Commission on International Religious Freedom (USCIRF) has recommended that India be designated a ‘Country of Particular Concern’ (CPC).

    What is the USCIRF and how is it constituted?

    • The USCIRF is an independent, bipartisan body created by the International Religious Freedom Act, 1998 (IRFA) of the US.
    • It has a mandate to monitor religious freedom violations globally and make policy recommendations to the President, the Secretary of State, and the Congress.
    • It is a congressionally created entity and not an NGO or advocacy organisation.
    • It is led by nine part-time commissioners appointed by the President and the leadership of both political parties in the House and the Senate.

    Why in news now?

    • USCIRF wants India to be designated under the CPC category of governments performing most poorly on religious freedom criteria.
    • It has called for “targeted sanctions” on individuals and entities responsible for severe violations of religious freedom by freezing those individuals’ or entities’ assets and/or barring their entry” into the US.

    What does a ‘Country of Particular Concern’ (CPC) designation mean?

    • IRFA requires the USCIRF to annually identify countries that merit a CPC designation.
    • As per IRFA, CPCs are countries whose governments either engage in or tolerate “particularly severe violations” of religious freedom.
    • Such freedoms are defined as systematic, ongoing, egregious violations of the internationally recognized right to freedom of religion.
    • The other designation, for less serious violations, is Special Watch List (SWL)

    Which other countries have been designated as CPCs?

    • For 2022, based on religious freedom conditions in 2021, a total of 15 countries have been recommended for the CPC designation.
    • They include India, Pakistan, Burma, China, Eritrea, Iran, North Korea, Russia, Saudi Arabia, Tajikistan, Afghanistan, Nigeria, Syria and Vietnam.
    • Countries recommended for a SWL designation include Algeria, Cuba, Nicaragua, Azerbaijan, Central African Republic, Egypt, Indonesia, Iraq, Kazakhstan, Malaysia, Turkey, and Uzbekistan.

    Why does USCIRF want India to be designated as a CPC?

    • The USCIRF, in its annual report, states that in 2021, religious freedom conditions in India significantly worsened.
    • It has noted that the Indian government escalated its promotion and enforcement of policies —including those promoting a Hindu-nationalist agenda.
    • This negatively affects Muslims, Christians, Sikhs, Dalits, and other religious minorities.
    • It highlighted the use of the Unlawful Activities Prevention Act (UAPA) against those documenting religious persecution and violence.
    • It also criticised the spate of fresh anti-conversion legislations, noting that “national, State and local governments demonised and attacked the conversion of Hindus to Christianity or Islam.”

    Are USCIRF recommendations binding on the US government?

    • No, they are not. The USCIRF typically recommends more countries for a CPC label than the State Department will designate.
    • This happens because the USCIRF is concerned solely with the state of religious freedom when it makes a recommendation.
    • However, the US State Department also takes into account other diplomatic, bilateral and strategic concerns before making a decision on a CPC designation.

    Is this the first time India is being designated as a CPC by the USCIRF? What has been India’s reaction?

    • This is the third year in a row that India has received a CPC recommendation.
    • India has in the past pushed back against the grading, questioning the locus standi of USCIRF.
    • In 2020, External Affairs Minister S. Jaishankar called the Commission an “Organisation of Particular Concern.”
    • US needs to introspect itself on the HR violations by the state authorities on the basis of racism, ethnocentrism and religion (particularly Sikhs).

    What is the likely impact of the USCIRF’s recommendation?

    • The US State Department hasn’t acted on such recommendations so far.
    • But India may come under greater pressure this time, given its divergence from the American position on the Ukraine war and refusal to endorse US-backed resolutions against Russia at the UN.
    • Hence the USCIRF is another force of Anti-India lobby in the US to bully other nations by countering an accusation with another.

     

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  • Countries will have to ‘justify’ Veto Votes at UN

    The 193 members of the United Nations General Assembly adopted by consensus a resolution requiring the five permanent members of the Security Council to justify their use of the veto.

    Why such move?

    • The push for reform was driven by Russia’s invasion of Ukraine.
    • The measure is intended to make veto-holders United States, China, Russia, France and Britain “pay a higher political price” when they use the veto to strike down a Security Council resolution.
    • For years Russia (and the US) has used its veto power to block UNSC resolutions — which, unlike General Assembly resolutions, are enforceable under international law.

    What is the Veto Power at the UN?

    • The UN Security Council veto power is the power of the five permanent members of the UN Security Council to veto any “substantive” resolution.
    • They also happen to be the nuclear-weapon states (NWS) under the terms of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT).
    • However, a permanent member’s abstention or absence does not prevent a draft resolution from being adopted.
    • This veto power does not apply to “procedural” votes, as determined by the permanent members themselves.
    • A permanent member can also block the selection of a Secretary-General, although a formal veto is unnecessary since the vote is taken behind closed doors.

    Issues with Veto Power

    • The veto power is controversial. Supporters regard it as a promoter of international stability, a check against military interventions, and a critical safeguard against US domination.
    • Critics say that the veto is the most undemocratic element of the UN, as well as the main cause of inaction on war crimes and crimes against humanity.
    • It effectively prevents UN action against the permanent members and their allies.

    Back2Basics: United Nations Security Council

    • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
    • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
    • It is the only UN body with the authority to issue binding resolutions to member states.
    • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members.
    • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
    • The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.

    Also read

    Explained: India at United Nations Security Council

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  • The goal of an energy-secure South Asia

    Context

    Given that a 0.46% increase in energy consumption leads to a 1% increase in GDP per capita, electrification not only helps in improving lifestyle but also adds to the aggregate economy by improving the nation’s GDP.

    Widening electricity coverage in South Asian nations

    • The electricity policies of South Asian countries aim at providing electricity to every household.
    • The issues these policies address include generation, transmission, distribution, rural electrification, research and development, environmental issues, energy conservation and human resource training.
    • Bangladesh has achieved 100% electrification recently while Bhutan, the Maldives, and Sri Lanka accomplished this in 2019.
    • For India and Afghanistan, the figures are 94.4% and 97.7%, respectively, while for Pakistan it is 73.91%.
    • Bhutan has the cheapest electricity price in South Asia (U.S.$0.036 per kilowatt hour, or kWh) while India has the highest (U.S.$0.08 per kWh.) 
    • South Asia is reinforcing its transmission and distribution frameworks to cater to growing energy demand not only through the expansion of power grids but also by boosting green energy such as solar power or hydroelectricity.

    Adapting to renewable

    • Geographical differences between these countries call for a different approach depending on resources.
    •  India leads South Asia in adapting to renewable power, with its annual demand for power increasing by 6%.
    • India’s pledge to move 40% of total energy produced to renewable energy is also a big step.
    • Prime Minister Narendra Modi in his ‘net-zero by 2070’ pledge at COP26 in Glasgow asserted India’s target to increase the capacity of renewable energy from 450GW to 500GW by 2030.
    • The region is moving towards green growth and energy as India hosts the International Solar Alliance.
    • South Asia has vast renewable energy resources — hydropower, solar, wind, geothermal and biomass — which can be harnessed for domestic use as well as regional power trade.

    Steps toward SDGs

    • Solar power-driven electrification in rural Bangladesh is a huge step towards Sustainable Development Goal 7.
    • Access to electricity improves infrastructure i.e., SDG 9 (which is “build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation”).
    • Energy access helps online education through affordable Internet (SDG 4, or “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all”), more people are employed (SDG 1: “no poverty”), and are able to access tech-based health solutions (SDG 3, or “ensure healthy lives and promote well-being for all at all ages”).

    Regional energy trade

    • The South Asian Association for Regional Cooperation (SAARC) prepared the regional energy cooperation framework in 2014, but its implementation is questionable.
    • Energy trade agreements: There are a number of bilateral and multilateral energy trade agreements such as the India-Nepal petroleum pipeline deal, the India-Bhutan hydroelectric joint venture, the Myanmar-Bangladesh-India gas pipeline, the Bangladesh-Bhutan-India-Nepal (BBIN) sub-regional framework for energy cooperation, and the Turkmenistan-Afghanistan-Pakistan-India (TAPI) pipeline, rumoured to be extended to Bangladesh.
    • Challenges: ‘South Asia’s regional geopolitics is determined by the conflation of identity, politics, and international borders.
    • The current participation in cross-border projects has been restricted to respective tasks, among Bhutan and India or Nepal and India.
    • It is only now that power-sharing projects among the three nations, Nepal, India, and Bangladesh, have been deemed conceivable.

    Way forward

    • Energy framework: Going forward, resilient energy frameworks are what are needed such as better building-design practices, climate-proof infrastructure, a flexible monitory framework, and an integrated resource plan that supports renewable energy innovation.
    • Public-Private Partnership: Government alone cannot be the provider of reliable and secure energy frameworks, and private sector investment is crucial.

    Conclusion

    While universal coverage can catalyse the region’s economic growth, energy trade must be linked to peace building.

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  • India, Europe and the Russian complication

    Context

    The re-election of Emmanuel Macron as the president of France on Sunday has sent a sigh of relief across Europe and North America. Delhi too is pleased with the return of Macron, who laid a strong foundation for India’s strategic partnership with France.

    Why France election matters to the regional and domestic order in Europe

    • Unlike the Soviet Union, which sought to shape European politics though left-wing parties, Russia today influences European politics through right-wing parties.
    • Victory for Marine Le Pen, Macron’s opponent, would have dramatically complicated the geopolitics of Europe.
    • Le Pen, like so many other right-wing leaders in Europe, has close ties to Vladimir Putin.
    • Le Pen’s victory would have not only altered France’s international trajectory, but also shaken the EU to its political core.

    Three factors shaping the transformation of India’s ties with Europe

    • Russia’s threat to the regional and domestic order in Europe is among multiple factors shaping Delhi’s intensifying engagement with Brussels.
    • Three major external factors are facilitating the transformation of India’s ties with Europe.

    1] Russian Question

    • For India, a normal relationship between Russia and the West would have been ideal.
    • But Russia’s confrontation with the West comes during India’s rapidly expanding economic and political ties to Europe and America.
    • Delhi might be sentimental about India’s historic Russian connection but it is not going to sacrifice its growing ties to the West on that altar.
    • Russia’s declining economic weight and growing international isolation begins to simplify India’s choices.
    • During the last few weeks, Delhi has insisted that its silence is not an endorsement of Russian aggression.
    • India’s position has continued to evolve.
    • Delhi’s repeated emphasis on respecting the territorial integrity of states is a repudiation of Russia’s unacceptable aggression.
    • Meanwhile, geographic proximity and economic complementarity have tied Europe even more deeply to Russia.
    • The EU’s annual trade with Russia at around $260 billion is massive in comparison to India’s $10 billion.
    • Putin’s reckless invasion of Ukraine has compelled Europe to embark on a costly effort to disconnect from Russia.
    • The war in Ukraine has certainly presented a major near-term problem that needs to be managed by Delhi and Brussels.

    2] China Question

    •  Moscow has been deepening ties with Beijing for more than two decades triggering many anxieties in Delhi.
    •  In February, Putin travelled to Beijing to announce a partnership “without limits”.
    • India has no option but to manage the consequences of the Russian decision.
    • In the last two decades, China has emerged as a great power and now presents a generational challenge for Indian policymakers.
    • That challenge has been made harder by Putin’s alliance with Xi Jinping.
    • As Delhi strives to retain a reasonable relationship with Moscow, Europe emerges as an important partner in letting India cope with the China challenge.
    •  Thanks to the growing problems of doing business with Xi’s China, Beijing’s geopolitical alliance with Moscow, and the rapid deterioration of Sino-US relations, Brussels is ready to invest serious political capital in building purposeful strategic ties with India.

    3] American Question

    • Until recently it appeared that Europe’s calls for “strategic autonomy” from the US were in sync with India’s own worldview.
    • But the Ukraine crisis has underlined the US’s centrality in securing Europe against Russia.
    • In Asia, Chinese assertiveness has brought back the US as a critical factor in shaping peace and security.
    • Washington wants a strong Europe taking greater responsibility for its own security; it would like Delhi to play a larger role in Asia and become a credible provider of regional security.
    • Above all, America wants India and Europe to build stronger ties with each other.

    Conclusion

    For the first time since independence, India’s interests are now aligning with those of Europe. Together, Delhi and Brussels can help reshape Eurasia as well as the Indo-Pacific.

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  • EU member states agrees on Digital Services Act (DSA)

    The European Parliament and European Union (EU) Member States announced that they had reached a political agreement on the Digital Services Act (DSA).

    What is DSA?

    • DSA is a landmark legislation to force big Internet companies to act against disinformation and illegal and harmful content, and to “provide better protection for Internet users and their fundamental rights”.
    • The Act, which is yet to become law, was proposed by the EU Commission (anti-trust) in December 2020.
    • As defined by the EU Commission, the DSA is “a set of common rules on intermediaries’ obligations and accountability across the single market”.
    • It seeks to ensure higher protection to all EU users, irrespective of their country.
    • The proposed Act will work in conjunction with the EU’s Digital Markets Act (DMA), which was approved last month.

    Whom will the DSA apply?

    • Intermediaries: The DSA will tightly regulate the way intermediaries, especially large platforms such as Google, Facebook, and YouTube, function when it comes to moderating user content.
    • Abusive or illegal content: Instead of letting platforms decide how to deal with abusive or illegal content, the DSA will lay down specific rules and obligations for these companies to follow.
    • Ambit platforms: The legislation brings in its ambit platforms that provide Internet access, domain name registrars, hosting services such as cloud computing and web-hosting services.
    • Very large platforms: But more importantly, very large online platforms (VLOPs) and very large online search engines (VLOSEs) will face “more stringent requirements.”
    • 45 million monthly users-base: Any service with more than 45 million monthly active users in the EU will fall into this category. Those with under 45 million monthly active users in the EU will be exempt from certain new obligations.

    Key features

    A wide range of proposals seeks to ensure that the negative social impact arising from many of the practices followed by the Internet giants is minimised or removed:

    1. Faster removal of illicit content: Online platforms and intermediaries such as Facebook, Google, YouTube, etc will have to add “new procedures for faster removal” of content deemed illegal or harmful. This can vary according to the laws of each EU Member State.
    2. Introduction of Trusted Flaggers: Users will be able to challenge these takedowns as well. Platforms will need to have a clear mechanism to help users flag content that is illegal. Platforms will have to cooperate with “trusted flaggers”.
    3. Imposition of duty of care: Marketplaces such as Amazon will have to “impose a duty of care” on sellers who are using their platform to sell products online. They will have to “collect and display information on the products and services sold in order to ensure that consumers are properly informed.”
    4. Annual audit of big platforms: The DSA adds an obligation for very large digital platforms and services to analyse systemic risks they create and to carry out risk reduction analysis. This audit for platforms like Google and Facebook will need to take place every year.
    5. Promoting independent research: The Act proposes to allow independent vetted researchers to have access to public data from these platforms to carry out studies to understand these risks better.
    6. Ban ‘Dark Patterns’ or “misleading interfaces: The DSA proposes to ban ‘Dark Patterns’ or “misleading interfaces” that are designed to trick users into doing something that they would not agree to otherwise.
    7. Transparency of Algorithms: It also proposes “transparency measures for online platforms on a variety of issues, including on the algorithms used for recommending content or products to users”.
    8. Easy cancellation of subscription: Finally, it says that cancelling a subscription should be as easy as subscribing.
    9. Protection of minors: The law proposes stronger protection for minors, and aims to ban targeted advertising for them based on their personal data.
    10. Crisis mechanism clause: This clause will make it “possible to analyse the impact of the activities of these platforms” on the crisis, and the Commission will decide the appropriate steps to be taken to ensure the fundamental rights of users are not violated.
    11. Others: Companies will have to look at the risk of “dissemination of illegal content”, “adverse effects on fundamental rights”, “manipulation of services having an impact on democratic processes and public security”, “adverse effects on gender-based violence, and on minors and serious consequences for the physical or mental health of users.”

    Bar over Social Media

    • It has been clarified that the platforms and other intermediaries will not be liable for the unlawful behaviour of users.
    • So, they still have ‘safe harbour’ in some sense.
    • However, if the platforms are “aware of illegal acts and fail to remove them, they will be liable for this user behaviour.
    • Small platforms, which remove any illegal content they detect, will not be liable.

    Are there any such rules in India?

    • India last year brought the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
    • These rules make the social media intermediary and its executives liable if the company fails to carry out due diligence.
    • Rule 4 (a) states that significant social media intermediaries — such as Facebook or Google — must appoint a chief compliance officer (CCO), who could be booked if a tweet or post that violates local laws is not removed within the stipulated period.
    • India’s Rules also introduce the need to publish a monthly compliance report.
    • They include a clause on the need to trace the originator of a message — this provision has been challenged by WhatsApp in the Delhi High Court.

     

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  • Places in news: Kuril Islands

    Japan has recently described the Kuril Islands (which Japan calls the Northern Territories and Russia as the South Kurils) as being under Russia’s “illegal occupation”.

    Note the Islands of Japan in North to South Direction:  Hokkaido, Honshu , Shikoku, and Kyushu

    What are the Kuril Islands/ Northern Territories?

    • These are a set of four islands situated between the Sea of Okhotsk and the Pacific Ocean near the north of Japan’s northernmost prefecture, Hokkaido.
    • Both Moscow and Tokyo claim sovereignty over them though the islands have been under Russian control since the end of World War II.
    • The Soviet Union had seized the islands at the end of World War II and by 1949 had expelled its Japanese residents.
    • Tokyo claims that the disputed islands have been part of Japan since the early 19th century.

    Why in news?

    • This is the first time in about two decades that Japan has used this phrase to describe the dispute over the Kuril Islands.
    • Japan had been using softer language since 2003, saying that the dispute over the islands was the greatest concern in Russia-Japan bilateral ties.

    What lies behind the dispute?

    • Japan’s sovereignty over the islands is confirmed by several treaties since 1855.
    • Russia, on the other hand, claims the Yalta Agreement (1945) and the Potsdam Declaration (1945) as proof of its sovereignty.
    • It argues that the San Francisco Treaty of 1951 is legal evidence that Japan had acknowledged Russian sovereignty over the islands.
    • Under Article 2 of the treaty, Japan had “renounced all right, title and claim to the Kuril Islands.”
    • However, Japan argues that the San Francisco Treaty cannot be used here as the Soviet Union never signed the peace treaty.

    Continuing the WW2

    • In fact, Japan and Russia are technically still at war because they have not signed a peace treaty after World War II.
    • In 1956, during Japanese PM Ichiro Hatoyama’s visit to the Soviet Union, it was suggested that two of the four islands would be returned to Japan once a peace treaty was signed.
    • However, persisting differences prevented the signing of a peace treaty though the two countries signed the Japan-Soviet Joint Declaration, which restored diplomatic relations between the two nations.
    • The Soviet Union later hardened its position, even refusing to recognise that a territorial dispute existed with Japan.
    • It was only in 1991 during Mikhail Gorbachev’s visit to Japan that the USSR recognised that the islands were the subject of a territorial dispute.

    Have there been attempts at resolution?

    • Since 1991, there have been many attempts to resolve the dispute and sign a peace treaty.
    • The most recent attempt was under PM Shinzo Abe when joint economic development of the disputed islands was explored.
    • In fact, both countries had agreed to have bilateral negotiations based on the 1956 Japan-Soviet Joint Declaration.
    • Russia was even willing to give back two islands, the Shikotan Island and the Habomai islets, to Japan after the conclusion of a peace treaty as per the 1956 declaration.
    • Japan’s attempt to improve ties with Russia was driven by its need to diversify energy sources and Russia by its need to diversify its basket of buyers and bring in foreign investments.
    • But nationalist sentiments on both sides prevented resolution of the dispute.

    Implications for Japan

    • Soon after the Russian invasion of Ukraine, Japan made its unhappiness with Russia clear.
    • Japan has been among the most steadfast of Western allies in denouncing Russian aggression and punishing it with sanctions.
    • Japan has probably been spurred by its fears of a Russia-China alliance as Japan itself has territorial disputes and an uneasy history with China.
    • Secondly, Japan might have felt that this is a good opportunity to further isolate Russia and paint it as a “habitual offender” of international law.
    • Finally, Tokyo might have been prompted to take this position as it feels that the invasion of Ukraine proves that getting back the Kuril Islands is a lost cause.

     

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