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Subject: International Relations

  • UAE declared ‘Reciprocating Territory’ by India

    Recently, the Ministry of Law and Justice issued an Extraordinary Gazette Notification, declaring the UAE to be a “reciprocating territory” under Section 44A of the Civil Procedure Code, 1908. The notification also declared a list of courts in the UAE to be “superior Courts” under the same section.

    What is a ‘Reciprocating Territory’ ?

    • Essentially, orders passed by certain designated courts from a ‘reciprocating territory’ can be implemented in India, by filing a copy of the decree concerned in a District Court here.
    • The courts so designated are called ‘superior Courts’.

    What does Section 44 of the CPC say?

    Section 44A, titled “Execution of decrees passed by Courts in reciprocating territory”, provides the law on the subject of execution of decrees of Courts in India by foreign Courts and vice versa.

    Under Explanation 1 of S. 44A:

    • “Reciprocating territory” means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.”
    • 44A (1) provides that a decree passed by “a superior Court” in any “reciprocating territory” can be executed in India by filing a certified copy of the decree in a District Court, which will treat the decree as if it has been passed by itself.
    • According to Explanation-2, the scope of the Section is restricted to decrees for payment of money, not being sums payable “in respect of taxes or other charges of a like nature or in respect of a fine or other penalty”.
    • It also cannot be based on an arbitration award, even if such an award is enforceable as a decree or judgment.

    Other countries with such status

    • Apart from Dubai, the other countries declared to be “reciprocating territories” are: United Kingdom, Singapore, Bangladesh, Malaysia, Trinidad & Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua New Guinea, Fiji, Aden.

    Why such move?

    • The notification was the only remaining part of a 1999 agreement between the UAE and India related to cooperation in civil and commercial matters.
    • The decision is believed to help bring down the time required for executing decrees between the two countries.
    • With this, Indian expatriates in the UAE would no longer be able to seek safe haven in their home country if they are convicted in a civil case in the UAE.

  • [pib] UNCITRAL

     

    An International Arbitration Tribunal has dismissed all claims brought against  India in entirety. The arbitration arose out of the cancellation of Letters of Intent for the issuance of telecom licences to provide 2G services in five telecommunications circles by reason of India’s essential security interests.

    UNCITRAL

    • The UN Commission on International Trade Law (UNCITRAL) is a subsidiary body of the U.N. General Assembly responsible for helping to facilitate international trade and investment.
    • Established by the UNGA in 1966, UNCITRAL’s official mandate is “to promote the progressive harmonization and unification of international trade law” through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods.
    • UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna, where it is headquartered.
    • The Tribunal constituted in accordance with the UNCITRAL Arbitration Rules 1976 is seated at the Hague, Netherlands, and proceedings are administered by the Permanent Court of Arbitration.

  • India-Pakistan Trade

    Tensions between India and Pakistan in 2019 have reduced the already low volumes of trade between the two countries to near zero.

    India-Pakistan trade, in the beginning

    • In 1948-49, about 56% of Pakistan’s exports were to India, and 32% of its imports came from India.
    • From 1948-65, India and Pakistan used a number of land routes for bilateral trade; there were eight customs stations in Pakistan’s Punjab province and three customs checkpoints in Sindh.
    • India remained Pakistan’s largest trading partner until 1955-56. Between 1947 and 1965, the countries signed 14 bilateral agreements on trade, covering avoidance of double taxation, air services, and banking, etc.
    • In 1965, nine branches of six Indian banks were operating in Pakistan.

    Close to vanishing

    • Following the terrorist attack on the CRPF convoy in Pulwama in February, India withdrew Most Favoured Nation (MFN) status for Pakistan and raised customs duty on Pakistani imports to 200% .
    • In April, India suspended cross-LoC trade to stop the misuse of this route by Pakistan-based elements.
    • Pakistan on its part closed its airspace to India for a prolonged period.
    • The decisions by both countries, while targeted at hurting the neighbour, have severely impacted the livelihoods of individuals and families involved in cross-border trading activities.

  • [op-ed snap] Seize the summit

    Context

    India announced that it will invite all heads of government of Shanghai Co-operation Organisation member countries, including Pakistan.

    Significance of the invitation

    • First since 2014: The summit will assume significance should Pakistan Prime Minister accept the invitation.
      • As it will be the first by a head of government or state of that country to India since former Prime Minister Nawaz Sharif attended the swearing-in ceremony of Prime Minister in 2014.
    • Hopes belied: Nothing came from that meeting and hopes created by the invitation were belied.
    • Failed attempts to engage: Attempts to engage after that failed, including at a previous SCO summit at Ufa in 2015.

    Latest events that further reduced the engagement

    • Pulwama attack: First, there was the February 2019 Pulwama attack, India’s Balakot response, and Pakistan’s counter-response.
    • Article 370: After India did away with Jammu & Kashmir’s special status, India and Pakistan have downgraded even their diplomatic presence in each other’s countries.
    • Both the countries withdrew their high commissioners after the Article 370 issue.
    • Trade stopped completely: Bilateral trade, which had managed to survive earlier shocks to relations, has stopped completely.

    Opportunities presented by SCO summit

    • “Inputs of all stakeholders”: In deciding whether to accept the invitation, the Pakistan PM will have to take into consideration “inputs of all stakeholders”.
    • A polite way of saying that the final yes or no will rest with the Pakistan Army.
    • A chance for a high-level meeting: Even if Imran Khan stays away and sends a minister instead, it would still be a chance for a high-level bilateral meeting.
    • The world wants India and Pakistan to engage: The world wants India and Pakistan to engage, and this was evident in the way the UNSC refused to take up the Kashmir issue, saying it was not the forum for it.
    • Opportunity for India to make a start: India has declared several times recently that it wants to peel away from historical foreign policy baggage.
      • India should make a start with Pakistan by making it possible for such a meeting to take place.
    • Making acceptance of invitation easier: India can make it easier for the Pakistan Prime Minister to accept the invitation.
    • Resuming trade: A start could be made by resuming trade, which has ground to a dead halt
    • Sending High Commissioner back: India can start by sending India’s High Commissioner back to his office in Islamabad.

     Conclusion

    The SCO summit presents an opportunity for both the countries to end the long hiatus in the relations which is essential for both the countries to resolve the long-standing issues and progress of both the countries.

     

     

     

  • Indian Origin Tamils and Sri Lanka’s Citizenship Law

    Recently an MHA spokesperson wrote on Twitter that about 4.61 lakh Tamils of Indian origin were given Indian citizenship during 1964-2008. The reference was to the Indian Origin Tamils (IOTs) of Sri Lanka, and the Lal Bahadur Shastri-Sirimavo Bandaranaike Pact of 1964.

    The Indian Origin Tamils

    • Different from Sri Lankan Tamils who live predominantly in the North and East, the IoTs are descendants of indentured Tamil workers.
    • The British had shipped them to the island in the mid 19th century to work on tea estates in the five hill districts of the Central and Uva provinces.
    • These people now call themselves Malayaha (hill country) Tamils — because of the historical stigma attached to being “Indian” Tamils.
    • At the time of Sri Lanka’s independence, the IOTs numbered around 800,000.
    • They were the backbone of the tea industry, politically active, and keen to ensure their rights in independent Sri Lanka through strategic alliances with unions and left parties.
    • Determined to blunt their political rights, the ruling parties described IOTs as “birds of passage” with no loyalty to the country, as India’s fifth column in Sri Lanka, and as people who stole the locals’ jobs.

    SL’s 1948 Citizenship Act

    • Sri Lanka’s Nov. 1948 Citizenship Act was the first in a series of divisive moves by the Sinhala rulers to consolidate their political base in the majority Sinhalese (Buddhist and Christian) community.
    • It was aimed at excluding IOTs — then as now, the predominant workforce in the upcountry tea estates — whose numbers and growing association with leftist parties were proving to be politically inconvenient.
    • The IOTs that India accepted through the 1964 agreement were not “fleeing” Sri Lanka.
    • Most were, in fact, reluctant to leave the country in which they had lived for three generations or longer.
    • Those that remained, were stateless in Sri Lanka for decades until their status as citizens was settled ironically because the ruling party now wanted their votes.

    What did the Act provide?

    • Under the Act, citizenship could be only by patrilineal descent or registration.
    • For citizenship by registration, umarried persons had to show 10 years of uninterrupted stay in Sri Lanka from the date of application; married persons had to show 7 years.
    • Most IOTs were unlettered and poor, with no documents. Effectively an entire community was rendered stateless.
    • Soon afterward came the Indian & Pakistani Residents’ Act of 1949, which opened a window for those above a certain income level.
    • Only 1,40,000 had been granted citizenship under the Indian & Pakistani Residents’ Act, and 2,50,000 were accepted by India as its citizens.
    • Finally, the 1949 Ceylon (Parliamentary Elections) Amendment was passed, under which only citizens could vote.
    • The IOTs were stripped of voting rights, and the fallout was immediate: in 1947, there were 7 Indian Tamils in the legislature; in 1952, there were none.

    Issues with the Act

    • This Act sharply delineated ethnic differences, and distorted the political system to weight it in favour the Sinhalese majority.
    • This created an intractable dynamic of ethnic outbidding between the two major Sinhalese-dominated parties to attract Sinhalese voters at the expense of the Sri Lankan Tamil minority.
    • This directly contributed to the latter’s alienation, support for secessionism, and the outbreak of ethnic violence and civil war in the 1970s and 1980s.

    India’s response

    • The treatment of Indian Tamils had cast a shadow on India-Sri Lanka relations even before independence; post-independence, the citizenship laws became a major irritant.
    • They were denounced in India, and the Madras legislature passed a resolution against them.
    • In 1947, PM Nehru had tried unsuccessfully to persuade Senanayake to give citizenship to all Indian Tamils who had lived in the country for 7 years prior to January 1, 1948.
    • The two countries corresponded on this issue until Nehru’s death in 1964.
    • Nehru rejected the Sri Lankan position that the “stateless” IOTs were automatically Indian citizens, and would have to be shipped to India.

    Repatriation of IOTs

    • After the 1962 war with China, PM Shastri was eager to mend fences with Sri Lanka. He gave in to Bandaranaike’s demands, and it was agreed that Sri Lanka would accept 3,00,000 IOTs and their natural increase, while India would accept 5,25,000 IOTs and their natural increase.
    • The status of the balance 1,50,000 IOTs was to be decided later.
    • Some 4,00,000 reluctantly applied for citizenship of India; 6,30,000 applied for Sri Lanka’s.
    • By the time the window agreed upon in 1964 closed, only 1,62,000 IOTs had been given Sri Lankan citizenship. In the same period, India gave citizenship to over 3,50,000.

  • Ethnic Unity Law in Tibet

    The People’s Congress of Tibet passed a law that makes ethnic unity in the region mandatory, reflecting the significant role that the autonomous Himalayan region plays in its economic and social development.

    About the Law

    • The law makes it clear that Tibet has been an inalienable part of China since ancient times.
    • It states that it is the common responsibility of the people of all ethnic groups to safeguard national reunification and take a clear stand against separatism.

    Ethnic Unity in China

    • This is not the first time that the phrase ethnic unity has been mentioned by China.
    • In October 2019 the Communist Party of China published a guideline for enhancing ethnic unity.
    • It stressed on efforts to improve the governance of ethnic affairs, guaranteeing the legal rights and interests of citizens of ethnic groups.
    • It called for cracking down on “criminal acts” that sabotage ethnic unity or cause ethnic separation.
    • Before this, in 2016, China began a campaign in the autonomous territory of Xinjiang to promote ethnic unity and called for people to respect the cultures of the minorities who call the region home.

    Why such Law?

    • There are more than 40 ethnic minorities in the region, which account for 95 per cent of Tibet’s population of over three million.
    • Like Tibet, Xinjiang is another region of China that houses multiple ethnic minorities.
    • A similar legislation was passed there four years ago and in recent times, China has faced criticism for detaining at least a million Uighur and other Muslims, along with some ethnic Kazakhs and Uzbeks.
    • China has began “re-education camps” in Xinjiang, a region that has been claimed by China since 1949.
    • China has denied these allegations and maintains that the facilities where the detainees are housed are vocational training centers.

  • Henley Passport Index 2020

    The Indian passport is closer to the bottom, ranked 84th in the world, according to the 2020 edition of the Henley Passport Index.

    Henley Passport Index

    • According to Henley & Partners publishes the ranking and the Index of the world’s passports “according to the number of destinations their holders can access without a prior visa”.
    • The ranking is based on data from the International Air Transport Association (IATA), a trade association of some 290 airlines, including all major carriers.
    • The index includes 199 different passports and 227 different travel destinations.
    • The data are updated in real time as and when visa policy changes come into effect.

    India’s performance

    • Since the index began in 2006, the Indian passport has ranked in a band of 71st to 88th. (The number of passports ranked has, however, varied from year to year.)
    • The Indian passport’s 2020 ranking of 84th translates into visa-free access to 58 destinations, including 33 which give Indians visas on arrival.
    • It ranked higher in both 2019 (82, with visa-free access to 59 destinations) and 2018 (81, with visa-free access to 60 destinations).
    • Twenty of the 58 visa-free access destinations in the 2020 list are in Africa, and 11 each in Asia and the Caribbean.
    • Serbia is the only European country to which Indian passport holders can travel visa-free. There is no major or developed country to which Indian passport holders have visa-free access.

    Global performance

    • The top 10 most powerful passports this year are ranked in this order: Japan, Singapore, South Korea, Germany, Italy, Finland, Spain, Luxembourg and Denmark.
    • Japan has been topping the Index for three straight years; according to the 2020 index, its citizens are able to access 191 destinations without having to obtain a visa in advance.
    • Afghanistan at rank 107 is the weakest.
    • Singapore, in second place (same as in 2019), has a visa-free/visa-on-arrival score of 190.
    • Germany is No. 3 (same position as in 2019), with access to 189 destinations; it shares this position with South Korea, which dropped from the second place it held a year ago.
    • The US and the UK have been falling consistently over successive Indices.

  • [op-ed snap] The world from Raisina.

    Context:

    As the world is moving from an era of predictability to an era of unpredictability led by the US and China, a new Middle Power coalition is the need of an hour.

    The “Rising India” narrative and challenges

    • The narrative was scripted over the two post-Cold War decades, 1991 to 2011.
    • Narrative of plural secular democracy: It was based on the improving performance of the economy and India’s political ability to deal with many longstanding diplomatic challenges within a paradigm of realism.
    • Three successive prime ministers – scripted the narrative of India rising as a plural, secular democracy, as opposed to China’s rise within an authoritarian system.
    • Opening of new vistas: India’s improving economic performance had opened up new vistas for cooperation with major powers and neighbours.
    • New challenges to the narrative: Now the economy’s subdued performance and domestic political issues have created new challenges for Indian foreign policy.
      • The new approach to relations with India adopted by both President Donald Trump and President Xi Jinping has created a more challenging external environment.

    Relations with the US

    • New demands from the US: Each time New Delhi has tried to meet a US demand, Washington DC has come up with new demands.
    • US-China dispute resolution and effects for India: Any resolution of US differences with China, can only reduce whatever little bargaining clout India has.
    • Complaint at WTO: The US has, in fact, actively lodged complaints against India at the World Trade Organisation.
    • Geopolitical effects for India:  On the geopolitical side, US intervention in West Asia has always imposed an additional economic burden on India.

    Relations with China

    • Consistent policy: There has been continuity and consistency in India-China policy over the past two decades, with some ups and downs.
    • Effects of power difference with China: As the bilateral power differential widens, China has little incentive or compulsion to be accommodative of Indian concerns, much less the interests. 
      • China never fails to remind India of the growing power differential between the two.
    • Building strength to deal with China: In dealing with China, India will have to, paraphrasing Deng Xiaoping, “build its strength and bide its time.

    Russia’s focus

    • It will remain focused on Eurasian geopolitics.
    • It will also be concerned with the geo-economics of energy.
    • Implications for India: Both these factors define Russia’s relations with China, and increasingly, with Pakistan, posing a challenge for India.

     

    Way forward in the relations with Pakistan

    • The government’s Pakistan policy has run its course.
      • It yielded some short-term results thanks to Pakistan’s efforts not to get “black-listed” by the Financial Action Task Force (FATF).
      • But the rest of the world is doing business with Pakistan, lending billions in aid.
    • The global community may increasingly accept future pleas from Pakistan that terror attacks in India are home-grown.
    • related to the situation in Kashmir or concerns about the welfare of Muslims, unless incontrovertible evidence to the contrary is offered.
    • The need for a new Pakistan policy: Backchannel talks should be resumed and visas should be given liberally to Pakistani intellectuals, media and entertainers to improve cross-border perceptions as a first step towards improving relations.

    The Middle Powers and opportunities for India

    • What are the middle powers?  It is a mix of developed and developing economies, some friends of the US and other friends of China.
      • It is an amorphous group but can emerge into a grouping of the like-minded in a world of uncertainty capable of taming both the US and China.
      • A new Middle Powers coalition may be the need of the year.
    • Which countries can be part of it?  Germany, France, Japan, Australia, Brazil, Indonesia, Vietnam and perhaps South Korea. One could include Russia, Nigeria and South Africa also in this group.
    • Stakes involved but no influence: Like India, these countries have a stake in what the US and China do, but little influence over either.
    • What India can do? These countries which constitute the part of the Middle Powers should engage the attention of India’s external affairs minister.

    Disruptive policies not an option

    • Adoption of disruptive approach: There is a view among some policy analysts that India too can adopt a “disruptive” approach as a clever tactic in foreign affairs.
      • Disruption is not an end in itself. It has to be a means to an end.
      • Powerful nations can afford disruption as tactics.
    • Unchanged strategic elements: The strategic elements defining Indian foreign policy in the post-Cold War era have not changed.
    • Not an option: India cannot risk such tactics without measuring the risk they pose to strategy.

    Conclusion

    With the changing geopolitical atmosphere particularly with respect to the US and Chiana, India needs to adopt a suitable approach to its foreign policy especially involving the Middle Powers.

     

     

  • [op-ed snap] Iran’s tightrope

    Context

    In the aftermath of recent events, Iran needs a new compact to deal with the domestic crisis and also a framework to deal with the US.

    The threat of “regime change” in Iran

    • The US policy-The temptation for a policy of “regime change” in Iran has never disappeared from the US policy towards Iran.
      • The policy is based on the hope that mounting external pressure and deepening internal dissent will combine to produce a “regime collapse” in Tehran.
      • US President has often insisted that he is not seeking to overthrow the clerical regime in Tehran led by Ayatollah Ali Khamenei.
      • The Us demands were an end to the nuclear and missile programmes, stop supporting terror in the region and end the interference in the internal affairs of its Arab neighbours.
    • Iran’s success in fending off these threats: Iran has been successful so far in fending off these external and internal challenges.
      • Iran has put down repeated mass uprisings and neutered attempts from within the elite to reform the system.

    De-escalation of the tension after the war-like situation

    • Fear of escalation: The widespread assessment after the killing of Soleimani was that Iran would inevitably escalate the confrontation.
      • Tehran set up a token retaliation for domestic political consumption and quickly called for de-escalation.
    • The message of peace from the US: Trump also told the Iranian leaders that America “is ready to embrace peace with all who seek it”.

    The shooting of a passenger jet and the aftermath 

    • The shooting of the jet:
      • The Ukrainian passenger jet was shot-down near Tehran killing all 176 passengers and crew on-board.
      • It included 82 Iranian nationals and many Canadian citizens of Iranian origin
    • After initial denial, Tehran was forced to accept responsibility for shooting down the plane.
    • The aftermath of the shooting of the plane
      • Protests: Soon after the confession, protests broke out against the government.
      • Demand for accountability: Iranians are angry at the attempt of the government to cover up initially and are demanding full accountability.

    The general discontent of the people against the government

    • The latest round of protests must be seen as a continuation of those that have raged since the end of 2017.
    • Reasons for the discontent: Economic grievances, frustration with widespread corruption, demands for liberalising the restrictions on women and political opposition to the regime are the reasons.
    • Discontent against external adventures: There was also strong criticism of the government’s costly external adventures in the Middle East amidst the deteriorating economic conditions.
      • There is little love for the Revolutionary Guards, the principal face of state oppression.
    • External pressure: As the regime cracks down on the protests against the airliner shooting, the external pressures against Iran are only likely to mount.

    Available option and their dangers

    • As sanctions squeeze the Iranian economy, the costs of regional overreach become apparent, and internal protests become persistent, Khamenei has few good options.
    • The option of the new political compact: Offering a new political compact to the people of Iran or a new framework to deal with the Arab neighbours and the US would seem reasonable goals.
      • But they involve considerable risk for the regime.
    • The option of pragmatism: All revolutionary regimes come to a point when they need to replace ideological fervour with pragmatism.
      • But the change from ideological fervour to pragmatism is also the time of the greatest vulnerability for the regime.

    Conclusion

    India as a friend of Iran will surely begin to debate if privately, the implications of the deepening regime crisis in Iran.

  • Raisina Dialogue 2020

     

    India`s annual global conference on geopolitics and geo-economics, Raisina Dialogue 2020 has began with the participation of over 100 countries.

    Raisina Dialogue

    • The Raisina Dialogue is a multilateral conference committed to addressing the most challenging issues facing the global community.
    • It is jointly organised by the Ministry of External Affairs and the Observer Research Foundation.
    • Every year, global leaders in policy, business, media and civil society are hosted in New Delhi to discuss cooperation on a wide range of pertinent international policy matters.
    • The Dialogue is structured as a multi-stakeholder, cross-sectoral discussion, involving heads of state, cabinet ministers and local government officials, as well as major private sector executives, members of the media and academics.

    This years’ agenda

    • The fifth edition of the Dialogue 2020 has been India`s contribution to global efforts to discover solutions, identify opportunities and provide stability to a century that has witnessed an eventful two decades.
    • This year`s Dialogue titled `Navigating the Alpha Century` is structured as a multi-stakeholder, cross-sectoral discussion, involving heads of states, cabinet ministers and local government officials as well as major private sector executives, members of the media and academics.

    Significance of the dialogue

    • The Raisina Dialogue has acquired an enviable global profile uniting the best strategic thinkers of the world.
    • The synergies and collaborations in the Raisina Dialogue represent India`s deliberative ethos, as well as its international credibility and convening power.
    • The Dialogue has grown along with India`s diplomatic profile and will set the tone for its intensive diplomatic engagement this year.