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Type: IOCR

  • International Covenant on Civil and Political Rights (ICCPR)

    United Nations (UN) Special Rapporteurs have made public their third communication forwarded to India expressing concern over alleged excessive use of force, ill-treatment during arrests and detentions.

    Practice question for mains:

    Q.There is an urgent need for reforming the criminal justice system in India in light of rising cases of custodial torture and killings. Comment.

    What is the issue?

    The UN urged the Indian government to conduct a prompt and impartial investigation into the allegations of arbitrary killings, torture and ill-treatment and to prosecute suspected perpetrators under articles 6 and of the International Covenant on Civil and Political Rights (ICCPR), and articles 7 and 12 of the Committee Against Torture (CAT).

    What are the conventions cited by the UN?

    1) International Covenant on Civil and Political Rights (ICCPR)

    • The ICCPR is a multilateral treaty adopted by UN General Assembly Resolution on 16 December 1966, and in force from 23 March 1976.
    • The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
    • As of September 2019, the Covenant has 173 parties and six more signatories without ratification.
    • It is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).
    • It is monitored by the UN Human Rights Committee (a separate body to the UN Human Rights Council).

    2) United Nations Convention Against Torture (UNCAT)

    • The UNCAT is an international human rights treaty, under the review of the UN and was adopted in 1984.
    • It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
    • The convention requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.
    • Since the convention’s entry into force, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.

    3) The Committee against Torture (CAT)

    • It is a body of human rights experts that monitors implementation of the Convention by State parties.
    • The Committee is one of eight UN-linked human rights treaty bodies.
    • All state parties are obliged under the Convention to submit regular reports to the CAT on how rights are being implemented.
    • Upon ratifying the Convention, states must submit a report within one year, after which they are obliged to report every four years.
    • The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”
    • Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.

  • UAE in support of Open Skies Agreement with India

    The UAE is keen to have an open sky agreement with India.

    Open Skies Agreement! Look how confusing does it sound compared to the Open Skies Treaty between the US and Russia.

    What is the Open Skies Agreement?

    • The National Civil Aviation Policy, 2016, allows the government to enter into an ‘open sky’ air services agreement on a reciprocal basis with SAARC nations as well as countries beyond a 5,000-kilometre radius from New Delhi.
    • This implies that nations within this distance need to enter into a bilateral agreement and mutually determine the number of flights that their airlines can operate between the two countries.
    • India has open sky agreements with Japan, Greece, Jamaica, Guyana, Czech Republic, Finland, Spain and Sri Lanka.
    • India also has an open sky agreement with the US, among other countries.

    Why UAE wants such an agreement with India?

    • There are about 1,068 flights a week between India and the UAE operated by the airlines of the two countries under the bilateral Air Service Agreement.
    • India has open skies policy with SAARC countries and those beyond the 5,000-km radius.
    • UAE wants India to revisit this policy.

    Must read:

    U.S. set to exit the ‘Open Skies Treaty’ Copy

  • Biodiversity Governance: The agreements and laws that help enforce it

  • United Nations Convention Against Torture (UNCAT)

    The alleged torture and custodial killing of TN father and son by police last week pointed towards a broken criminal justice system and highlighted the need for police reforms and the ratification of the United Nations Convention Against Torture (UNCAT).

    Practice question for mains:

    Q.There is an urgent need for reforming the criminal justice system in India in light of rising cases of custodial torture and killings. Comment.

    United Nations Convention Against Torture (UNCAT)

    • The UNCAT is an international human rights treaty, under the review of the UN and was adopted in 1984.
    • It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
    • The convention requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.
    • Since the convention’s entry into force, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.

    The Committee against Torture (CAT)

    • It is a body of human rights experts that monitors implementation of the Convention by State parties.
    • The Committee is one of eight UN-linked human rights treaty bodies.
    • All state parties are obliged under the Convention to submit regular reports to the CAT on how rights are being implemented.
    • Upon ratifying the Convention, states must submit a report within one year, after which they are obliged to report every four years.
    • The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”
    • Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.

    Optional Protocol to CAT

    • The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was adopted by the General Assembly on 18 December 2002.
    • It provides for the establishment of a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

    India needs to ratify UNCAT

    • India signed the convention in 1997 but it remains among a handful of countries including Pakistan and China which are yet to ratify the convention.
    • India is in the company of 25 other nations which have not ratified.
    • The National Human Rights Commission had said custodial violence and torture are already “rampant” in the country.
    • About 1,731 people had died in custody in 2019 a/c to NHRC report.

  • State of the World Population Report 2020

    The UNFPA has released the State of the World Population Report 2020.

    Highlights of the WPR

    I) Global prospects

    • According to estimates averaged over a five year period (2013-17), annually, there were 1.2 million missing female births, at a global level.
    • The same study shows that in Afghanistan, Bangladesh and Pakistan excess female mortality of girls below 5 years of age was under 3 per cent.
    • These skewed numbers translate into long-term shifts in the proportions of women and men in the population of some countries, the report points out.
    • In many countries, this results in a “marriage squeeze” as prospective grooms far outnumber prospective brides, which further results in human trafficking for marriage as well as child marriages.

    II) Data on India

    • India had about 4,60,000 girls ‘missing’ at birth each year.
    • The figure shows that the number of missing women has more than doubled over the past 50 years, who were at 61 million in 1970.
    • The report examines the issue of missing women by studying sex ratio imbalances at birth as a result of gender-biased sex selection as well as excess female mortality due to deliberate neglect of girls because of a culture of son preference.
    • Excess female mortality is the difference between observed and expected mortality of the girl child or avoidable death of girls during childhood.
    • The report cites a 2014 study to state that India has the highest rate of excess female deaths at 13.5 per 1,000 female births or one in nine deaths of females below the age of 5 due to postnatal sex selection.

    About UNFPA

    • The United Nations Population Fund (UNFPA), formerly the United Nations Fund for Population Activities, is a UN organization.
    • It is the lead UN agency for delivering a world where every pregnancy is wanted, every childbirth is safe and every young person’s potential is fulfilled.
    • Their work involves the improvement of reproductive health; including the creation of national strategies and protocols, and birth control by providing supplies and services.
    • The organization has recently been known for its worldwide campaign against child marriage, obstetric fistula and female genital mutilation.

  • Global Education Monitoring (GEM) Report 2020

    The COVID-19 pandemic has exacerbated inequalities in education systems across the world a/c to the latest GEM report.

    Practice question for mains:

    Q.Discuss the impact of COVID-19 induced lockdown on India’s education sector.

    About the report

    • Originally the EFA Global Monitoring Report, it has been renamed as the Global Education Monitoring Report.
    • It is developed by an independent team and published by UNESCO aimed to sustain commitment towards Education for All.
    • The ‘UNESCO Institute for Statistics (UIS), based in Montreal provides data for the report on students, teachers, school performance, adult literacy and education expenditure.

    Highlights of the 2020 report

    • The report noted that efforts to maintain learning continuity during the pandemic may have actually worsened exclusion trends.
    • During the height of school closures in April 2020, almost 91% of students around the world were out of school.
    • About 40% of low- and lower-middle-income countries have not supported learners at risk of exclusion during this crisis, such as the poor, linguistic minorities and learners with disabilities.

    1. Risks of school closure

    • School closures also interrupted support mechanisms from which many disadvantaged learners benefit.
    • For poor students who depend on school for free meals or even free sanitary napkins, closures has been a major blow.
    • Cancellation of examinations in many countries, including India, may result in scoring dependence on teachers’ judgements of students, which could be affected by stereotypes of certain types of students.

    2. Substitutes were imperfect

    • Education systems responded with distance learning solutions, all of which offered less or more imperfect substitutes for classroom instruction said the report.
    • Many poorer countries opted for radio and television lessons, while some upper-middle-income countries adopted for online learning platforms for primary and secondary education.
    • India has used a mix of all three systems for educational continuity.

    3. The digital divide has resurfaced yet again

    • Even as governments increasingly rely on technology, the digital divide lays bare the limitations of this approach.
    • Not all students and teachers have access to an adequate internet connection, equipment, skills and working conditions to take advantage of available platforms.

  • “Money Laundering and the Illegal Wildlife Trade” Report

    A first global report on the illegal wildlife trade has been recently published by the Financial Action Task Force (FATF).

    Try this MCQ:

    Q.The report “Money Laundering and the Illegal Wildlife Trade”  recently seen in news is released by:

    A. TRAFFIC/ B. CITES/ C. IUCN/ D. FATF

    Highlights of the Report

    • FATF has described illegal wildlife trade as a “global threat”, which also has links with other organised crimes like modern slavery, drug trafficking and arms trade.
    • The illegal trade is estimated to generate revenues of up to $23 billion a year.
    • The report flagged a lack of focus on the financial aspects of wildlife crime.

    (1)Economy of illicit wildlife trade

    • It said that criminals are frequently misusing the legitimate wildlife trade, as well as other import-export type businesses.
    • The FATF found that jurisdictions often did not have the required knowledge, legislative basis and resources to assess and combat the threat posed by the funds generated through the illegal trade.
    • The study has highlighted the growing role of online marketplaces and mobile and social media-based payments to facilitate the movement of proceeds warranting a coordinated response from government bodies, the private sector and the civil society.

    (2)Money laundering is prominent

    • According to the report, criminal syndicates are misusing the formal financial sector to launder the proceeds.
    • Funds are laundered through cash deposits, under the guise of loans or payments, e-banking platforms, licensed money value transfer systems, and third-party wire transfers via banks.
    • Accounts of innocent victims are also used and high-value payments avoided evading detection.

    (3)Misuse of front companies

    • Another common trend is the misuse of front companies with links to the legal wildlife trade, said the report.
    • Front companies, often linked to import-export industries, and shell firms are used for the movement of goods and trans-border money transfers.

    Recommendations of the report

    • The report says the financial probe is the key to dismantling the syndicates involved, which can in turn significantly impact the associated criminal activities.
    • It recommended that jurisdictions should consider implementing good practices, as observed during the study.
    • They include providing all relevant agencies with the necessary mandate and tools; and cooperating with other jurisdictions, international bodies and the private sector.
    • The FATF said that legislative changes were necessary to increase the applicability of anti-money laundering laws to the illegal wildlife trade-linked offences.

    Back2Basics

    https://www.civilsdaily.com/news/financial-action-task-force-fatf-2/

  • International Comparison Programme (ICP) by World Bank

    The World Bank has released its ICP report for the reference year 2017. India has retained its position as the third-largest economy in the world in terms of purchasing power parity (PPP), behind the US and China.

    Try this MCQ:

    Q. The International Comparison Programme (ICP) Report recently seen in news is released by:  IMF/World Bank/OECD/None.

    The International Comparison Programme (ICP)

    • ICP is one of the largest statistical initiatives in the world.
    • It is managed by the World Bank under the auspices of the United Nations Statistical Commission.
    • Globally 176 economies participated in the 2017 cycle of ICP. The next ICP comparison will be conducted for the reference year 2021.

    The main objectives of the ICP are:

    (i) To produce purchasing power parities (PPPs) and comparable price level indexes (PLIs) for participating economies;

    (ii) To convert volume and per capita measures of gross domestic product (GDP) and its expenditure components into a common currency using PPPs.

    Highlights of the report

    • India accounts for 6.7% or $8,051 billion, out of the world’s total of $119,547 billion of global GDP in terms of PPP compared to 16.4 % in case of China and 16.3 % for the US.
    • India is also the third-largest economy in terms of its PPP-based share in global Actual Individual Consumption and Global Gross Capital Formation.
    • In the Asia-Pacific Region, in 2017, India retained its regional position, as the second-largest economy, accounting for 20.83 % in terms of PPPs.
    • China was first at 50.76% and Indonesia at 7.49% was third.
    • India is also the second-largest economy in terms of its PPP-based share in regional Actual Individual Consumption and regional Gross Capital Formation.

    Trends in INR

    • The PPPs of Indian Rupee per US$ at the GDP level is now 20.65 in 2017 from 15.55 in 2011.
    • The Exchange Rate of US Dollar to Indian Rupee is now 65.12 from 46.67 during the same period.

    Significance of PPP

    • Purchasing Power Parities are vital for converting measures of economic activities to be comparable across economies.
    • It is calculated based on the price of a common basket of goods and services in each participating economy and is a measure of what an economy’s local currency can buy in another economy.
    • Market exchange rate-based conversions reflect both price and volume differences in expenditures and are thus inappropriate for volume comparisons.
    • PPP-based conversions of expenditures eliminate the effect of price level differences between economies and reflect only differences in the volume of economies.

  • UN Arms Trade Treaty (ATT)

    China will join a global pact to regulate arms sales that has been rejected by the United States.

    The New START, INF, Open Skies and now the ATT …. Be clear about the differences of these treaties. For example- to check if their inception was during cold war era etc.

    What is the Arms Trade Treaty?

    • The Arms Trade Treaty is a multilateral treaty that regulates the international trade in conventional weapons. It entered into force on 4th December 2014.
    • The ATT is an attempt to regulate the international trade of conventional weapons for the purpose of contributing to international and regional peace; reducing human suffering; and promoting co-operation, transparency, and responsible action by and among states.
    • 105 states have ratified the treaty, and a further 32 states have signed but not ratified it.
    • India has abstained from voting for this Treaty

    Highlights of the treaty

    ATT requires member countries to keep records of international transfers of weapons and to prohibit cross-border shipments that could be used in human rights violations or attacks on civilians. The treaty would ensure that no transfer is permitted if there is a substantial risk that it is likely to:

    • be used in serious violations of international human rights or humanitarian law, or acts of genocide or crimes against humanity;
    • facilitate terrorist attacks, a pattern of gender-based violence, violent crime, or organized crime;
    • violate UN Charter obligations, including UN arms embargoes;
    • be diverted from its stated recipient;
    • adversely affect regional security; or
    • seriously impair poverty reduction or socioeconomic development.

    China’s agenda at ATT

    • Beijing saying it is committed to efforts to “enhance peace and stability” in the world.
    • It comes after the US announced plans last year to pull the United States out of the agreement which entered into force in 2014.
    • The US Senate never ratified the 2013 Arms Trade Treaty after former president Barack Obama endorsed it, and Trump has said he would revoke his predecessor’s signature.

    Why has India abstained?

    • From the beginning of the ATT process, India has maintained that such a treaty should make a real impact on illicit trafficking in conventional arms and their illicit use especially by terrorists and other unauthorized and unlawful non-state actors.
    • India has also stressed consistently that the ATT should ensure a balance of obligations between exporting and importing states.
    • However, the ATT is weak on terrorism and non-state actors (undoubtedly Pakistan) and these concerns find no mention in the specific prohibitions of the Treaty.
    • Further, India cannot accept that the Treaty is used as an instrument in the hands of exporting states to take unilateral force majeure measures against importing states parties without consequences.

    Also read:

    U.S. set to exit the ‘Open Skies Treaty’ Copy

  • Asian Infrastructure Investment Bank (AIIB)

    The Government of India and the Asian Infrastructure Investment Bank (AIIB) has signed a $750 million agreement for “COVID-19 Active Response and Expenditure Support Programme”.

    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

    What’s so special about this assistance?

    • This is the first-ever budgetary support programme from the AIIB to India.
    • The project is being financed by the AIIB and Asian Development Bank (ADB) in the amount of $2.250 billion, of which $750 million will be provided by AIIB and $1.5 billion will be provided by ADB.
    • The package aims to assist India to strengthen its response to the adverse impacts of the COVID-19 pandemic on poor and vulnerable households.
    • The current loan will be the second to India from AIIB under its COVID-19 crisis recovery facility apart from the earlier approved $500 million loans.
    • The primary beneficiaries would be families below the poverty line, farmers, healthcare workers, women, women’s SHGs, widows, PWDs, senior citizens, low wage earners etc.

    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.
    • AIIB has now grown to 102 approved members worldwide.
    • AIIB is a brainchild of China. The prime aim of the AIIB is infrastructure development.
    • By establishing interconnectivity across Asia through advancement in the construction of infrastructure and other productive services, the AIIB can stimulate growth and economic development in the Asian Region.

    Must read:

    International Economic Institution’s: ADB, BRICS Bank, AIIB