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THE CONTEXT: The Covid-19 pandemic has affected the whole world and changed the shape of global politics. Global responses are needed to confront global diseases. With regards to vaccine access, some countries have been much more fortunate than others. Therefore, the concept of vaccine diplomacy has become a major foreign-policy talking point. The Indian government was one of the first nations to engage in vaccine diplomacy under the “Vaccine Maitri” initiative.

WHAT IS VACCINE DIPLOMACY?

• The coronavirus vaccine — one of the world’s most in-demand commodities — has become a new currency for international diplomacy.
• Vaccine diplomacy is a measure to assist countries that may not otherwise have access to vaccines.In many ways, it mimics other diplomatic channels.
• Countries that produce vaccines can set up bilateral supply agreements with countries that need vaccines, which become a tool of soft power, or outright diplomatic allegiance. They are using the vaccine to find favor or improve strained relations.
• There is a multilateral agreement, Covax, brokered by the WHO and other international organizations, to provide vaccine doses to low- and middle-income countries. Then there are bilateral agreements between individual countries.
• The strategy is similar to the energy supply agreements that were sought internationally, including by the US, to face energy crises in the early 2000s.

INDIA’S VACCINE DIPLOMACY

India’s vaccine diplomacy in numbers

Total countries  –   95

Vaccine Grant  –   107.15 lakhs

Commercial    –   357.92 lakhs

Covax               –   198.628 lakhs

Total            –     663.698 lakhs

• A global challenge of this magnitude requires a global solution, based on international health cooperation between public and private-sector stakeholders.
• And India recognized early on that it could play a unique role in that process. India is already known as pharmacy of the world, manufacturing some 20% of all generic medicines and accounting for as much as 62% of global vaccine production, so it was quick off the mark when the pandemic struck.
• India began its Covid outreach even before the vaccines were in place. India sent out 446 million HQC tablets and 1.54 billion paracetamol tables to 133 countries. Besides hydroxychloroquine, Remdesivir, as well as diagnostic kits, ventilators, masks, gloves, and other medical supplies were also exported.Once India’s domestic vaccination campaign started, a wide range of countries began asking the country for vaccines.
• India’s vaccine sharing policy stands out given the alarming increase in ‘vaccine nationalism’. Its “Vaccine Maitri” campaign has shipped hundreds of thousands of Indian-made Covishield vaccines, to more than 90 countries.
• Indian vaccines have been flown to most of the country’s neighbors, including Afghanistan, Bangladesh, Bhutan, Sri Lanka, the Maldives, Myanmar, and Nepal, and also farther afield, to the Seychelles, Cambodia, Mongolia, and Pacific Island, Caribbean, and African countries. Indian vaccines are arriving even in richer countries like the United Kingdom and Canada
• Many of the recipient countries have signed so-called vaccine pacts with India on a government-to-government basis to finalize the number of doses and determine whether they will be provided under grant assistance or under commercial terms.
• India has tied with other nations like the Quad partners, who at their first virtual summit pledged to supply at least one billion doses of vaccines to Indo-Pacific nations by the end of next year.
• Additionally, India and South Africa have also urged the WTO’s Trade-Related Aspects of Intellectual Property Council (TRIPS Council) to temporarily suspend intellectual property rights related to COVID-19 so that the vaccines and other new diagnostic technologies are accessible to poor countries. Although WTO members have failed to reach a consensus on the proposal, several developing countries have rallied behind this effort.

A NEW ARENA FOR INDIA-CHINA STRATEGIC COMPETITION

• India’s vaccine diplomacy puts it in direct competition with China—whose vaccine distribution is clubbed with its broader geopolitical ambitions.
• In fact, it has even explicitly included vaccine distribution in its broader Health Silk Road initiative, which aims to bolster China’s international soft power.Chinais providing vaccines to many countries involved in its Belt Road Initiative, essentially protecting its investments.
• While China is trying to rehabilitate its image on the world state given that it’s been tagged as the source for Covid-19, India is using the country’s capacity in pharma sector subtly to advertise an alternative to China’s economic and geopolitical dominance.
• While China has been secretive in releasing data about its vaccines, leading to controversies over the efficacy of them, India organized trips for foreign ambassadors to visit pharmaceutical factories.
• China wanted to project its vaccines as effective and more suited for use in and around its immediate neighbours, yet there is a preference for Indian manufactured medicines amongst most Southeast and South Asian countries as the Indian brands continue to evoke feelings of trust and quality
• Not only has India overshadowed China as a provider of cheap and accessible vaccines to the Global South; it has been quicker and more effective.For example, Indian vaccines beat China’s into Myanmar, Cambodia and Afghanistan.
• China had a long history of seeking political, commercial or diplomatic gains for its various projects. India does not have a history of seeking special benefits from its health assistance;India has long been seen as a helpful partner in ensuring affordable drugs and vaccines to lower-income countries.
• Vaccine manufacture and distribution is one area where India has some comparative advantage over China, which usually overshadows India in military and economic might.Quad’s vaccine initiative comes as a direct response to China’s efforts to compete through vaccine diplomacy.

BENEFITS

Boost to soft power

• India’s vaccine diplomacy is, of course, not purely altruistic. While there are commercial benefits, vaccine diplomacy is an extension of continued investment in promoting India’s soft power abroad. At a time when most rich countries are criticized for hoarding vaccine doses and “vaccine nationalism”is common, vaccine maitri program has raised India’s standing and generated great international goodwill.

Enhanced global standing

• Delhi’s supplies make for a key diplomatic initiative in a year when India is at the UN Security Council and ahead of the G-20 it will host in 2023.India has supplied vaccines to at least 50% of the Least Developed (LDC) countries and one third of the Small Island Developing (SID) countries. These are the two major small-country groupings that have an influential voice at the United Nations.The effort may one day help India secure recognition as a global power – with a permanent UN Security Council seat.

New dimension to “Neighbourhood First”

• India is keen on mending its ties with Bangladesh. The COVID-19 vaccine can ease the tensions. Similarly, vaccine diplomacy provides an opportunity for India to resolve outstanding issues with Nepal. In Indian Ocean countries like the Maldives and Mauritius, India’s vaccine diplomacy can help foster stronger ties in the region, and offset China’s growing influence attributable to its financial investments and social-development projects.

Countering China

• In South Asia, where China’s presence has grown in recent years, India’s ‘vaccine diplomacy’ could help to even out the playing field.India has longer track record of supplying medicines and vaccines to the rest of the world, especially to low- and middle-income countries.The key elements of India’s vaccine diplomacy has merged into the Quad vaccine initiative under which vaccines will go to countries in the Indo-Pacific region — the battleground of contestation between Chinese and the Quad’s sphere of influence.

Human Centric Globalisation

• Indian-made vaccines do not require storage and transport at very low temperatures. This makes them much more manageable for lower income countries which lack significant cold chain infrastructure.For small countries, it is not just the ability to buy, but also the resources to access markets. The big debates around globalisation are ‘equity’ and ‘fairness'”.Most of the developing countries wouldn’t have got their vaccines so early if India had not supplied them. This reinforces the human-centric international cooperation and globalization.

Global public good

• India’s initiatives to make vaccines widely available to developing countries, together with growing evidence of the benefits from making COVID-19 vaccines accessible, suggests that during a pandemic, medical products must be treated as global public goods.Several studies caution that low vaccine availability, especially for smaller countries, will prolong recovery and trigger significant increases in global inequalities.The equitable distribution of vaccines is in the economic interest of every country.

Economic Benefits

• India’s manufacturing sector will attract more foreign direct investment.Greater cooperation over supply chains will help strengthen Indian pharma in the long term aim to ease dependence on imports of active pharmaceutical ingredients from China.

CONCERNS AND CHALLENGES

Citizens first

• India has exported three times as many doses as it has administered to its own people. Citizens are increasingly demanding that domestic population be served first to quell infection rates locally, prior to sending shipments abroad. Furthermore, even with vaccination efforts underway globally, new strains of coronavirus are emerging quickly, emphasizing that inoculation efforts must continue to move forward as quickly as possible.

Second wave

• There has been questioning of India’s Vaccine Maitri initiative in some quarters as the crisis at home has unfolded in the past few week. India has vast populations of its own to inoculate. And that India, with its sharp spike in cases in this wave, poses a global health threat. It is in the interests of the world to ensure that Indians are vaccinated. Vaccine maitri gave signals that India need no help.

Vaccines nationalism

• Vaccines are manufactured through long and complex global supply chains and bottlenecks have arisen from “Vaccine nationalism”. Many of the countries are restricting access to materials needed to build more supplies. For example America invoked the Defense Production Act to safeguard supplies for its own manufacturers.

Failure to add capacity:

• Poor judgment on India’s domestic requirement and the failure to back up vaccine diplomacy ambitions with adequate manufacturing capacity has meant that both domestic and international vaccination efforts have been ruined leaving several neighbouring nations high and dry. As India stopped exports of vaccines last month because of a fresh surge of the pandemic, Bangladesh is scrambling to get sufficient quantities of vaccine. Bangladesh will be looking towards China and Russia if the India is not able to honour its commitment.

Other concerns

• And there are mounting concerns about rising case numbers, the emergence of COVID-19 variants that may not respond to existing vaccines, and an economy that has not yet fully recovered, will intensify the challenge India confronts in fulfilling its obligations to developing countries while also meeting domestic demand.

ANALYSIS

With its advanced cutting-edge healthcare in the private sector and reputation as a health destination, it was natural that governments in the region would look to vaccines manufactured in India. By exporting doses of COVID-19 vaccine under the Vaccine Maitri initiative, India is fulfilling its role as a responsible nation.The smaller countries that have received Indian vaccine doses are indeed very grateful for our help. By sending vaccines to our neighbours and by supplying them to countries in the Indian Ocean Littoral countries, India has demonstrated both goodwill and capacity.India is using its soft power to assist developing countries, a role that it has increasingly been playing as a development partner.

Vaccine diplomacy has earned India a huge name. It has—or will— change the dynamics in the days ahead, like few things have. The world is seeing India differently. Its generosity and infrastructure have come into the public eye. Like information technology, which put India on the world map, pharmaceuticals will do the same. It is good both for Brand India and Make in India. The world’s top vaccine companies, like Russia’s Sputnik and Johnson & Johnson, will certainly want facilities in India.

There has been questioning of India’s Vaccine Maitri initiative in some quarters as the crisis at home has unfolded in the past few week. Reasonable questions can be asked about the need for India to supply vaccines and other products to the world at large when there was a crisis at home.

In some ways, the answer to this can be relatively simple: That this is rooted in India’s civilisational ethos. While it might be commonplace for some nations to suggest that it is in the interest of the wider world to focus exclusively on their citizens, it’s not a narrative that India can uphold at any level. At a time when the Indian situation looked stable, it was morally right for India to support other parts of the world that were in greater pain.

India’s ‘Vaccine maitri’ approach was trying to ensure no one gets left behind. The virus knows no borders and equitable access to vaccines is critically important. The country’s ability to make vaccines is a result of international cooperation which is not a one-way transaction.It is important to recognise that global support for India is also a reciprocal appreciation of New Delhi’s efforts over the last few months.

Delhi’s decision to start sending vaccines to its neighbours in South Asia and other countries who have asked for it is the right step forward for India in its relations with its neighbours. It holds immense potential for a new kind of diplomacy in the region, one based on the common good and common interests of the South Asian people.

In diplomacy today, doing good is being smart, ‘vaccine maitri’ reflects the larger outlook of ‘Vasudhaiva Kutumbakam’ (world is one family), health security is now integral to national security. Health security is emerging as a priority area for cooperation and India can play an important role in it.

WAY FORWARD

• Vaccine multilateralism should be promoted through an international collaborative effort under the aegis of the UN-subscribed sustainable development goals.
• India is one of the biggest producers of vaccines, but we need to ramp up production even more. Global vaccines that have Indian collaborations need to be given the licence without the mandatory bridging trials.
• The government must ensure that its domestic vaccine requirements are being adequately met.

CONCLUSION: Vaccine diplomacy was a good move to boost India’s international image and spread goodwill by coming to the aid of humanity. India had come in for fulsome praise across the globe for its desire to help the world. The WHO had on several occasions commended India for its desire to act as a responsible global power. India’s vaccine diplomacy has been a boon to the country’s aspirations to be recognized as a global power. In combating the pandemic, it has gone well beyond the routine provision of health care or the supply of generics. To be sure, it is uncertain whether promoting soft power through health-care exports significantly boosts a country’s position in the global order. But if and when the permanent seats at the United Nations Security Council are ever rearranged, grateful governments will know who has done the most.

THE CONTEXT: In the wake of Covid-19, climate changes and other important global issues such as globalization, cold war, trade war, the world is facing several issues and the UN nearly just seems an audience in most of them. Hence, the demand is whether world needs a global parliament for dealing global issues. This article discusses this issue in detail.

WHAT IS WORLD PARLIAMENT?

The world should establish parliament to resolve the global issue and making the rules for International issues such as the pandemics, stockpiles of nuclear weapons, deadly biological weapons, natural disasters, climate change, loss of control over artificial intelligence, terrorism, serious imbalances in international trade, influence, intelligence, greed for power and a host of other threats.
It is obvious that these threats cannot be tackled by any one country alone and a united action at local, regional and international levels alone can rid the world of these dangers.

THE ISSUES FACED BY MANKIND IN RECENT TIMES

• Amid ever-increasing threats facing humanity, it’s high time to initiate steps at the governance level to make the world a safer place for mankind.
• The COVID-19 pandemic has provided impetus to the idea of a global democratic government and underlined the necessity of a world organisation to tackle the dangers facing mankind in a more effective manner.
• These include — pandemics, stockpiles of nuclear weapons, deadly biological weapons, natural disasters, climate change, loss of control over Artificial Intelligence, terrorism and so on.

NEED FOR THE WORLD PARLIAMENT

Transcending the Nation-State

• There is no body that represents the interest of the world community at large. Even if a treaty is concluded and ratified, a state can withdraw again.
• The international order recognizes no higher authority for decision or enforcement.

Social disparities between citizen

• World is witnessing the emergence of global social strata that are giving rise to vertical social tensions. The dividing line will no longer be between rich and poor countries, but between the super-rich and the rest everywhere.

Immigrations emerged as a major issue

• The promise of the “global village” is only valid for the rich. But for the poor peoples and minor communities of many countries facing harassment and seeking asylum in neighbor countries. As there is no world policy to resolve these issue so that they are facing many issues.

Addressing environmental threats

• Humanity now shares a common destiny.
• The dangers posed by nuclear war, global pandemics, environmental devastation, biodiversity loss or climate change affect everybody.
• Carbon dioxide in the atmosphere knows no borders.

Global ruling in proper way

• The supply of important public goods like food security or the stability of the financial and economic system depends on how well global structures are working.
• Regulating research and development in fields such as artificial intelligence, genetics, biotechnology or autonomous weapons must be on the global agenda.
• Based on the collaboration of 193 nominally sovereign states, global regulation will never work well.

WHY DOES WORLD NEED WORLD PARLIAMENT DESPITE HAVING UNITED NATIONS?

Presently a world body already exists known as United Nations Organization(UNO). Formed after world war II in 1945 to prevent and eliminate recurrence of wars and to maintain peace all over the world, it was also mandated in broader terms to look after some aspects of areas like economic, social and cultural development.

PAST RECORD OF UN

• The Organisation has been beneficial to mankind in many ways, but looking back at its record during last over seventy-five years of its existence, there is not much to feel proud about.
• Soon after its formation in 1945, it had to face cold war between the western Block and the Soviet Block headed by former Union of Soviet Socialist Republics(USSR) which lasted till collapse of Soviet Block in 1991.
• It could not prevent local and regional wars in Korean peninsula, Asia, Africa and even in Europe and Latin America.
• It could not stop Chinese aggression against India in 1962 and Cuban missile crisis between the then Soviet Union and USA.
• Mostly because of cold war politics and its attitude, it failed to take bold united action.
• Its response to natural disasters and epidemics at national or international level also fell far short of its expectations.

THE ISSUE OF REPRESENTATION

• Apart from cold war politics, other main causes responsible for its failure to meet expectations have been lack of its full representative character and its failure to reform itself.
• Also,it has not restructured itself to keep up with needs of changing world.
• Under these circumstances its attitude towards enormous problems and threats and deviant forces facing mankind has been almost inflexible.
• Despite repeated calls by many countries it has more or less continued with its inequitable representative character.
• A glaring example of this has been that India with over 1.38 billion population which constitutes about eighteen per cent of total world population has no permanent representation on its most important decision making organ UN Security Council.
• While more basic structural changes in the Organisation will take years and years if not decades, it has to reform itself urgently to make itself fully representative to tackle the pressing problems.
• Urgency of such a step can also be gauged by the fact that last year in June out of 192 votes cast in UN General Assembly,184 countries voted in favour of India for two-year non-permanent membership of UNSC which started from January this year.
• The world body has also to change its responses so that threats facing the mankind are attended to promptly.

BIASED NATURE

• In a world full of diversities and ideological differences, such an institution will have to be free from biases and prejudices and will have to transcend the diversities and differences to acquire a truly representative and independent profile.
• But it is evident in recent past and in past seventy-five years that UN is facing biasness issue. It took actions against small country but against powerful countries it peaceful appeal had no impacts.

AN OLD CONCEPT

• One of the key challenges of modern cultural evolution is the time lag between rapid technological development and slow political adaptation.
• The United Nations that represents the best governance model humanity could come up with for the management of global affairs is now frozen in time.
• Its underlying principle of national sovereignty goes back to 1648, a hundred years before the industrial revolution even started.
• Today we live in the 21st century, the world population is approaching eight billion and technological development continues to accelerate.
• The need for global governance to catch up with the accelerating pace of change is more urgent than ever before.

HOW THE GLOBAL PARLIAMENT SHOULD WORK FOR BETTER OUTCOMES?

• In a world full of diversities and ideological differences, such an institution will have to be free from biases and prejudices and will have to transcend the diversities and differences to acquire a truly representative and independent profile.
• The parliament of the world body could be elected directly by proportional representation based on population of each member nation or nation state.
• The challenges facing mankind as also the matters of economic and financial governance can be dealt with in a far better way by a Global Parliament.
• Such an institution will strengthen democracy, justice and equity throughout the world and help in curbing fundamentalist and the radical ideologies.
• Proper attention to all threats facing mankind could ensure safety and survival of intelligent life on earth. But for realising it, the member countries will have to shed a few shades of their sovereignty which could democratically authorise and enable such a World Government to prevent deadly nuclear and biological wars at the local, regional or at international levels.
• At present, there are already scores of organisations in Africa, America, Europe and elsewhere, and some of these are popularly elected.

WAY FORWARD

• The idea regarding the deep structural changes to turn the UN into a democratic World Government, will take more time to come somewhat into shape.
• Moreover, in a world full of diversities and ideological differences, such an institution will have to be free from biases and prejudices and will have to transcend the diversities and differences to acquire a truly representative and independent character.
• Recently, with advancements in human civilisation and thought, the necessity for such a global institution has been felt immensely at various stages.
• After deeper restructuring of the existing world body, contours for a democratic World Government can be established and Parliament of the world body could be elected directly by proportional representation based on population of each member nation.

CONCLUSION

The experience of democratic regimes teaches us that no parliament can govern a country alone. A government is necessary. So the World Parliament must be seen as a crucial milestone on the way toward forming a democratic government endowed with the necessary powers to enforce the laws approved by the World Parliament.

[WpProQuiz 386]

THE CONTEXT: United Nations General Assembly (UNGA) on 07 April 2022 suspended Russia from the UN Human Rights Council over reports of gross and systematic violations and abuses of human rights by invading Russian troops in Ukraine. This article analyses the issue in detail.

AN ANALYSIS OF THE DEVELOPMENT

REASONS BEHIND THE SUSPENSION

• Russia was suspended from the UN Human Rights Council after the 193-member General Assembly voted to adopt a resolution moved by the United States over allegations that Russian troops killed civilians while pulling back from towns around the Ukrainian capital of Kyiv.
• In the 193-member UNGA, 93 nations voted in favour of the resolution, while 24 were against it. Fifty-eight countries, including India, abstained from the process.
• This met the two-thirds majority benchmark in which only the voting members, not abstentions, are counted from the 193-member General Assembly.

THE PROCEDURE AND HISTORY

• As per the rules, the United Nations General Assembly (UNGA) can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
• To suspend a member, one needs a two-thirds majority vote by the General Assembly.
• This is only the second time the UNGA has suspended a country from the 47-member UN Human Rights Council after its formation in 2006. In 2011, Libya was thrown out through a resolution adopted by UNGA through consensus.
• But for the first time, one of the permanent members has lost its membership rights in a UN body.

INDIA’S STAND

India chose to abstain from the vote, saying that any such decision must follow the “due process” of investigation first. However, India also sharpened its criticism of Russia by reiterating the need to respect the three red lines in international relations:

• “Respect for the sovereignty and territorial integrity of states”,
• “UN Charter” and
• “International law”.

AN ANALYSIS OF THE VOTE

• Less than half the members of the UNGA voted in favour of the resolution, but it was enough to pass the resolution. The Russian permanent mission to the UN voiced its opinion on the social media platform that the adoption of the resolution was an “illegal and politically motivated step” to punish a country that pursues an independent foreign policy and also announced that Russia was voluntarily “terminating” its membership in UNHRC with immediate effect.
• Some countries even voted against the resolution for the reasons being:
• Heavier pressure from Russia for outright opposition to the resolution, rather than abstentions especially the countries having close ties with Moscow.
• The precedent of removing a country from the UNHRC because of human rights violations – while it may seem like an obvious step – would be controversial for a number of countries such as Kazakhstan and Uzbekistan both have faced criticisms for violations of human rights at home (both are members of UNHRC currently).
• Russia was in its second year of a three-year term on the Geneva-based council, which cannot make legally binding decisions. However, the council’s decisions send important political messages and can authorise investigations.
• Furthermore, India abstained from the resolution albeit reiterating the condemnation of the civilian killings in Bucha and supported the call for an independent investigation.

THE UNITED NATIONS HUMAN RIGHTS COUNCIL

ABOUT

• The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the world.

FORMATION

• The Council was created by the United Nations General Assembly in 2006. It replaced the former United Nations Commission on Human Rights.
• The Office of the High Commissioner for Human Rights (OHCHR) serves as the Secretariat of the Human Rights Council.
• Headquartered in Geneva, Switzerland.

MEMBERS

• It is made up of 47 United Nations Member States which are elected by the UN General Assembly (UNGA).
• The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows:

ü  African States: 13 seats

ü  Asia-Pacific States: 13 seats

ü  Latin American and Caribbean States: 8 seats

ü  Western European and other States: 7 seats

ü  Eastern European States: 6 seats

• The UNGA takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.
• Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms.

MECHANISMS

• Universal Periodic Review: UPR serves to assess the human rights situations in all United Nations Member States.Currently, no other universal mechanism of this kind exists.
• Advisory Committee: It serves as the Council’s “think tank” providing it with expertise and advice on thematic human rights issues.
• Complaint Procedure: The complaint procedure addresses communications submitted by individuals, groups or non-governmental organizations that claim to be victims of human rights violations or that have direct, reliable knowledge of such violations.
• The Council also established various subsidiary expert mechanisms to provide the Council with thematic expertise and forums providing a platform for dialogue and cooperation. These bodies focus mainly on studies, research-based advice or best practices.

THE SIGNIFICANCE OF THE UNHRC

UNHRC has played the role of a political platform which aims to ensure that human rights remain a top priority within the UN.

GLOBAL REACH

• UNHRC has a wide mandate which facilitates it to respond to human rights cases across the globe. In doing so, it also brings the members of civil society together for voicing concerns related to human rights in their respective local regions.

SPECIAL PROCEDURES

• The Human Rights Council’s Special Procedures mandate-holders are made up of special rapporteurs, independent experts or working groups composed of five members who are appointed by the Council and who serve in their personal capacity. Special procedures undertake country visits; act on individual cases and concerns of a broader, structural nature by sending communications to States and other actors bringing alleged violations or abuses to their attention
• These independent experts report at least once a year to the Council on their findings and recommendations, as well as to the UN General Assembly. At times they are the only mechanism alerting the international community to certain human rights issues.
• There are two types of Special Procedures mandates: the thematic mandates, such as water and sanitation, arbitrary detention, the rights of migrants, violence against women, torture and human trafficking, and the country-specific mandates.

UNIVERSAL PERIODIC REVIEW

• The Universal Periodic Review motivates nation-level dialogues on human rights and also mandates that every UN member state examines human rights on a regular basis. It ensures transparency and accountability in the functioning of UNHCR.
• i.e. the Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.

CONDEMNING THE VIOLATIONS

• In the recent past, the resolutions adopted by the UNHRC have highlighted and condemned distinctive violations despite the efforts to the contrary by some members of the HRC. For example, in the midst of the Arab Spring, the Human Rights Council voted unanimously to suspend Libya’s membership. More recently, the Council did not permit Syria to bid for a seat on grounds of human rights violations and appointed an investigation there.

ISSUE-BASED COALITIONS

• There are an increasing number of countries from all parts of the world which have started working together to further human rights, irrespective of their shared history and regional politics. The regional bloc voting practices have become a matter of the past and considered discussion along with collective action is becoming possible.

DEBATE ON CONTROVERSIAL SUBJECT AREAS

• Controversial subject areas have also been addressed at the HRC, including LGBTIQ rights and religious discrimination. South Africa’s efforts to acknowledge the rights of LGBTIQ faced strong opposition from neighbouring countries but it was supported by far-away countries like Brazil, Colombia, the United States, and many others.

THE CRITICISM OF THE UNHRC

BIASED FOCUS ON THE ISRAEL-PALESTINE CONFLICT

• The UNHRC is accused of an anti-Israel bias as it passes resolutions that focus on alleged Israeli human rights violations while ignoring similar allegations against the Palestinian side. Most recently the 49^th session of UNHRC that ended on 01 April 2022 passed a total of 35 resolutions and 3 of them were concerned with the Israel-Palestine issue (All 3 of them were in favour of Palestine).

MEMBERS WITH QUESTIONABLE HUMAN RIGHTS RECORDS

• Just like the UN Commission on Humans Rights, the UN Human Rights Council also elects members like China, Pakistan and Russia who have poor or questionable track records on Human rights. It raises questions on how effective or unbiased the organisation is.

NEXUS FORMATION

• It was reported in 2008 that the UNHRC was being controlled by a few Middle-East and African nations with support from China and Russia, in order to shield each other from criticism.

LACK OF STANDARDS

• The USA withdrew from the council during the Trump regime but again joined in the present regime. The powerful member nations taking such steps also undermine the credibility of the global body.

GLOBAL REPRESENTATION

• Although the geographical quota system addresses the disparities in global representation, it is also the Council’s most serious flaw.
• With a few honourable exceptions, the overwhelming majority of countries outside Western Europe and other groupings have flawed-to-abysmal human-rights records and policies. Many are not democracies. Few have representative governments. Fewer still have an incentive to pursue and commit to universal human rights.

INDIA AND THE UNHRC

• India was elected for the sixth time to the Council for a three-year term with an overwhelming majority that began on January 1, 2022.
• As part of the third stage of the Universal Periodic Review (UPR) process, India’s National Human Rights Commission delivered its mid-term report to the Council in 2020.
• A number of UN Special Rapporteurs have also written to the Indian government, voicing their concerns about the draft Environment Impact Assessment (EIA) notification 2020. Though there are several concerns with the draft, a few of which are related to human rights are mentioned below:
• Opens the Floodgates of Violations: The environmental lawyers have argued that the Post-Facto Clearance of the Projects is likely to encourage industries to commence operations without bothering clearance and eventually get regularized by paying the penalty amount and thus opening the floodgates of violations.
• Strengthens the Government but Weakens the Public: The draft offers no remedy for the political and bureaucratic stronghold on the EIA process, and thereby on industries. Instead, it proposes to bolster the government’s discretionary power while limiting public engagement in safeguarding the environment. Also, the draft, by limiting public consultation, is not in consonance with protecting the rights of tribals, among others.
• Reduced Time means Reduced Awareness: The reduced notice period for a public hearing from 30 days to 20 days will only make it difficult to study the draft EIA report, more so when it is not widely available or provided in the regional language. Moreover, the reduction of time would particularly pose a problem in those areas where information is not easily accessible or areas in which people are not that well aware of the process itself.
• UNHRC Chief also voiced concerns and criticisms against India on various occasions such as:
• The impact of actions by the government of India on the human rights of the Kashmiri people, including restrictions on internet communications and peaceful assembly, and the detention of local political leaders and activists.
• Arbitrary use of the Unlawful Activities (Prevention) Act throughout India.
• The National Register of Citizens verification process in the northeast Indian state of Assam, caused great uncertainty and anxiety among the people.
• The unprecedented farmers’ agitation at the borders of the national capital over the three farm laws also drew the attention of the UN human rights chief.
• India was quick and firm to present counter statements in defence of India’s stand on such issues and stated that:
• The UNHRC needs to be uniform, consistent, and even-handed when it comes to human rights abuse or denial of civil rights to people across the world and should not resort to a selective approach to seeking accountability for civil rights from different member states.
• India is also of the view that human rights shall be implemented in a non-selective manner and with due respect to non-interference in internal affairs.

THE RECENT DEVELOPMENTS

• India recently abstained from a vote at the United Nations Human Rights Council in Geneva. The Council passed a resolution calling for the formation of an international commission to investigate Russia’s conduct in Ukraine.
• India abstained from voting on resolutions concerning Russia – Ukraine crisis, on as many as six occasions including the International Atomic Energy Agency (IAEA) resolution concerning the safety of four nuclear power plants and a number of nuclear waste sites, including Chernobyl, because the Russians had taken control of them.

THE WAY FORWARD – IMPROVING THE WORKING OF UNHRC

• The impact of the crisis had been felt beyond the region, with increasing food and energy costs, especially for developing countries, and it is in everyone’s collective interest to work constructively, within the UN and outside, towards seeking an early resolution to the conflict.
• No solution can be arrived at, by shedding blood and at the cost of innocent lives and it is peremptory to choose the side of peace and collectively work towards an immediate end to violence.
• UNHRC does not have a separate Secretariat. Though UNHRC and OHCHR function in tandem, both the bodies should have separate specialized secretariat staffs which will further enhance their functioning.
• The decisions on resolutions of the UNHCR are taken, based on the voting of the member nations. Consensus building might prove to be a more feasible approach in a multilateral body.
• To strengthen the global trust in the organisation it is imperative not to have a nation with a bad human rights record as a member of UNHRC.

THE CONCLUSION: Over a decade ago, when the UNHRC recommended the suspension of Libya to the General Assembly, there had been no vote since the resolution was adopted by consensus. The resolution against Russia is passed with 93 votes in favour, 24 against and 58 abstentions i.e with consensus. A hasty move at the General Assembly, which forces countries to choose sides, will aggravate the division among member states, intensify the confrontation between the parties concerned and could be adding fuel to the fire. The move to expel Russia may not contribute to reaching a peaceful resolution of the Ukraine war and could further escalate the polarisation in the international community. The credibility and legitimacy of the multilateral platforms will be enhanced with concrete steps to end the conflict, merely ousting a member would not be sufficient. The response/retaliation from Russia is yet to be seen which will further define the course of history.

HEALTH ISSUES

1. CERVICAL CANCER

THE CONTEXT: According to an observational study published in the Lancet Global Health journal, more than 6,00,000 new cases of cervical cancer and more than 3,40,000 deaths from the disease were reported around the world in 2020.

EXPLANATION:

About Cervical Cancer:

• It is a type of cancer that occurs in the cells of the cervix – the lower part of the uterus that connects to the vagina.
• Various strains of the Human papillomavirus (HPV) play a role in causing most cervical cancer.
• When exposed to HPV, the body’s immune system typically prevents the virus from doing harm. In a small percentage of people, however, the virus survives for years, contributing to the process that causes some cervical cells to become cancer cells.
• The HPV vaccine (Cervarix) protects against two of the cancer-causing strains, which are HPV 16 and 18.

Human papillomavirus:

• Human papillomavirus (HPV) is the most common viral infection of the reproductive tract.
• There are more than 100 types of HPV.
• More than 40 types of HPV are spread through direct sexual contact.
• Out of these 40, two cause genital warts, while about a dozen of HPV cause different types of cancer including cervical, anal, oropharyngeal, penile, vulvar and vaginal.

About the study findings:

India reported 1,23,907 new cases of cervical cancer and 77,348 deaths, according to the study.

Incidence:

• In 2020, overall incidence was 13 per 1,00,000 women; mortality was 7 per 1,00,000 women.
• As many as 172 out of the 185 countries saw more than the 4 cases per 1,00,000 women per year threshold for elimination set by the World Health Organisation (WHO).
• The development of effective vaccination against the human papilloma virus (HPV), which causes cervical cancer, and screening programmes have made cervical cancer a largely preventable disease.

SCIENCE AND TECHNOLOGY

2. AERONOMY

THE CONTEXT: Union Minister of State (Independent Charge) Science & Technology recently informed that ISRO has taken initiatives for feasibility studies on missions to Venus as well as Aeronomy studies.

THE EXPLANATION:

About Aeronomy:

• It refers to the scientific study of the upper atmospheric regions of the Earth and other solar system bodies.
• It includes the distribution of temperature, density, and chemical constituents, and the chemical reactions that occur.
• It also includes the studies of aurora, airglow, the ionosphere, Van Allen radiation belts, cosmic rays, and radiative and photochemical phenomena.
• It covers the chemistry, dynamics and energy balance of both neutral and charged particles.

SECURITY AFFAIRS

3. DRAFT CYBERSECURITY STRATEGY

THE CONTEXT: The National Security Council Secretariat (NSCS) has formulated a draft National Cyber Security Strategy, which holistically looks at addressing the issue of security of national cyberspace.

THE EXPLANATION:

Draft National Cyber Security Strategy:

Guiding Principles:

• Risk-based approach: To be adopted by the private sector, the government, academia and civil society in assessing and responding to cyber-related threats or issues.
• Multi-stakeholder approach: To enhance the effectiveness of all key stakeholders in improving the cybersecurity posture by recognizing the various roles and responsibilities of different stakeholders.
• External Co-operation: The Strategy will also promote bilateral, regional and international cooperation, recognizing the borderless nature of cyberspace.
• Respect for the rule of law and human rights: To promote, protect fundamental human rights and freedoms of citizens.
• Capacity development: To address fast changing cybersecurity issues and developments.
• Socio-economic development: To ensure cyberspace is fully leveraged by broader socio-economic development, facilitate sustainable socio-economic development across the entire nation.
• Addressing Cybercrime: To promote and facilitate both individual and collective action in tackling cybercrime.

The National Security Council Secretariat (NSCS):

Background:

• The National Security Council (NSC) of India is an executive government agency established in 1998 and tasked with advising the Prime Minister’s Office on matters of national security and strategic interest.
• The NSC is the apex body of the 3-tiered structure of the national security management system in India.
• The 3-tiers are the Strategic Policy Group, the National Security Advisory Board and a secretariat from the Joint Intelligence Committee (JIC).

About National Security Council Secretariat (NSCS) –

• NSCS is the apex agency looking into the political, economic, energy and strategic security concerns of India.
• National Cyber Security Coordinator (NCSC) works under NSCS and coordinates with different agencies at the national level for cyber security matters.

PRELIMS PERSPECTIVE

4. GOND COMMUNITY

THE CONTEXT: Recently,Rajya Sabha passed the Constitution (Scheduled Castes and Scheduled Tribes) Order (Second Amendment) Bill that aims to move the Gond community from the Scheduled Castes list to Scheduled Tribes list in four districts of Uttar Pradesh (Chandauli, Kushinagar, Sant Kabir Nagar, and Sant Ravidas Nagar)

THE EXPLANATION:

Gond tribe

• They are the tribal community mostly found in the Gond forests of the central India.
• They are widely spread in the states of Madhya Pradesh, Chattisgarh, Maharashtra, Andhra Pradesh and Orissa.
• The name by which the Gonds call themselves is Koi or Koitur which means unclear.
• Gonds are one of the largest tribal groups in the world.

Background:

• In the fourteen century, they ruled several parts of the central India.
• They had built number of forts, palaces, temples, tanks and lakes during the rule of the Gonds dynasty.
• Gonds have been the warriors since the British period.
• During the British regime in India, Gonds challenged the Britishers in several battles.

Language

• They speak Gondi and Indo-Aryan languages
• The Gondi language belongs to the Dravidian family of languages and is related to Tamil and Kannada.

Festivals

• Their fairs and festivals are influenced from the Hindu traditions.
• Keslapur Jathra is an important festival of the Gonds.
• Madai is another major festival celebrated among the Gonds.
• They also celebrate Hindu festival called Dussehra.

Dance

• Gusadi dance is the most famous dance performed by them.
• It is performed by wearing head gears decorated with the peacock feathers.
• They wear cotton cloth around their waist.
• They smear ash all over their body and the beards made of animal hair is also an important part of the dance costumes.

5. GEOGRAPHICAL INDICATION TAG SOUGHT FOR BEYPORE URU

THE CONTEXT: Recently, the District Tourism Promotion Council, Kozhikode has applied for a Geographical Indication (GI) tag for the famous Beypore Uru (boat).

THE EXPLANATION:

• The name Uru is associated with the traditional ship building culture of Kerala, a culture that has been throbbing with life on these shores for the last 1500 years.
• It is a wooden dhow (ship / sailing boat / sailing vessel) handcrafted by skilled artisans and carpenters in Beypore, Kerala.
• The Beypore Urus are purely made of premium wood, without using any modern techniques. The wood used to build the Uru is still sawed the traditional way which requires immense expertise. Today, many artisans involved in Uru-making are over 50-70 years old and have been in the profession since their fathers passed on the tradition to them.

VALUE ADDITION:

• GI tag is the abbreviation of Geographical Indications tags in India. It came into force with effect from 15th September 2003.
• A geographical indication (GI) is a sign used on products with a specific geographical origin and possesses qualities or a reputation due to that origin.
• This tag is valid for 10 years and can be renewed.
• Geographical Indications protection is granted through the TRIPS Agreement.
• The Geographical Indication Registry issues this tag under the Department of Industry Promotion and Internal Trade, Ministry of Commerce and Industry.
• Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
• The Gucchi mushroom, one of the most expensive mushrooms in the world, from the state of Jammu and Kashmir was recently given the GI tag in India.

Benefits of GI Tags

• A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards.
• Geographical indication tags are given to the products to protect the goods Legally.
• Preventing unauthorized or illegal use of geographical indication tags by others.
• Helping customers in getting the original items that contain all the specific traits.
• Promoting the economic prosperity of manufacturers/ producers of items under GI tags. Items with GI tags get enhanced demand in national and international markets.

POLITY AND GOVERNANCE

1. KERALA GOVERNMENT’S BILL TO REMOVE THE GOVERNOR AS CHANCELLOR OF STATE UNIVERSITIES

THE CONTEXT: Recently, Kerala government has tabled University Laws (amendment) Bill in the State Assembly to amend laws relating to the governance of State universities and remove Governor as the Chancellor of State universities.

THE EXPLANATION:

What is the role of the Chancellor in public universities?

• State public universities are established through laws passed by state legislatures. In most laws the Governor has been designated as the Chancellor of these universities.  The Chancellor functions as the head of public universities and appoints the Vice-Chancellor of the university.
• Further, the Chancellor can declare invalid, any university proceeding which is not as per existing laws. In some states (such as Bihar, Gujarat, and Jharkhand), the Chancellor has the power to conduct inspections in the university.
• The Chancellor also presides over the convocation of the university and confirms proposals for conferring honorary degrees. This is different in Telangana, where the Chancellor is appointed by the state government.

Does the Governor have discretion in his capacity as Chancellor?

• In 1997, the Supreme Court held that the Governor was not bound by the aid and advice of the Council of Ministers, while discharging duties of a separate statutory office (such as the Chancellor).
• The Sarkaria and Punchhi Commission also dealt with the role of the Governor in educational institutions. Both Commissions concurred that while discharging statutory functions, the Governor is not legally bound by the aid and advice of the Council of Ministers.  However, it may be advantageous for the Governor to consult the concerned Minister.
• The Sarkaria Commission recommended that state legislatures should avoid conferring statutory powers on the Governor, which were not envisaged by the Constitution.   The Punchhi Commission observed that the role of Governor as the Chancellor may expose the office to controversies or public criticism.  Hence, the role of the Governor should be restricted to constitutional provisions only.

Recent developments 

Recently, some states (WE, TN, KL )have taken steps to reduce the oversight of the Governor in state public universities.  In April 2022, the Tamil Nadu Legislative Assembly passed two Bills, to transfer the power of appointing the Vice-Chancellor (in public universities) from the Governor to the state government.   As of June 8, 2022, these Bills have not received the Governor’s assent.

Connect the dots:

• Sarkaria Commissions
• Punchhi Commission
• Role of UGC

ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

2. THE SIGNIFICANCE OF KELP FORESTS

THE CONTEXT: According to the new study, ocean warming disrupts early-stage development of Giant Kelp, the largest marine algae that are intrinsic to sea life, leading to rapid decline in kelp forests across the world.

THE EXPLANATION:

• The world has lost much of its kelp forests in the last century to rising sea temperatures, but the mechanism of deterioration was not fully understood by scientists.
• The Giant Kelps reproduce by releasing single-cell units called spores that grow into ‘germ tubes’ that gather nutrients and develop into adults.
• At higher temperatures, spore release increased but “spore settlement, germination and germ-tube length” were negatively impacted, the researchers found. The decline of each part was significant at temperatures above 23.8 degrees Celsius, 21.7˚C, and 19.8˚C respectively.

Kelp Forest

• Kelp forests are underwater areas with a high density of kelp. They are recognized as one of the most productive and dynamic ecosystems on Earth. Smaller areas of anchored kelp are called kelp beds. Kelp forests occur worldwide throughout temperate and polar coastal oceans. They are large brown algae seaweeds. They grow in “underwater forests” in shallow oceans.
• Kelp forests provide food and shelter for thousands of species. Marine heat waves are periods of extremely high temperatures in the ocean. These events are linked to coral bleaching, sea grass destruction, and loss of kelp forests, affecting the fisheries sector adversely.
• An underwater survey showed that 85% of the corals in the Gulf of Mannar near the Tamil Nadu coast got bleached after the marine heat wave in May 2020. Emerging studies have reported their occurrence and impacts in the global oceans, but are little understood in the tropical Indian Ocean.

Distribution:

3. THE WILDLIFE (PROTECTION) AMENDMENT BILL 2021

THE CONTEXT: Recently, the Wildlife (Protection) Amendment Bill, 2021 was passed in Rajya Sabha that seeks to provide for implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

THE EXPLANATION:

• The Wildlife (Protection) Amendment Bill, 2021 was introduced in Lok Sabha by the minister of environment, forest and climate change on December 2021, amends the Wild Life (Protection) Act, 1972.
• The Bill seeks to increase the species protected under the law, and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Key features of the Bill include:

• Rationalising schedules: Currently, the Act has six schedules for specially protected plants (one), specially protected animals (four), and vermin species (one).The Bill reduces the total number of schedules to four by: (i) reducing the number of schedules for specially protected animals to two (one for greater protection level), (ii) removes the schedule for vermin species, and (iii) inserts a new schedule for specimens listed in the Appendices under CITES.

• Obligations under CITES:   The Bill provides for the central government to designate a: (i) Management Authority, which grants export or import permits for trade of specimens, and (ii) Scientific Authority, which gives advice on aspects related to impact on the survival of the specimens being trade.
• Invasive alien species: The Bills empowers the central government to regulate or prohibit the import, trade, possession or proliferation of invasive alien species.
• Control of sanctuaries: The Act entrusts the Chief Wildlife Warden to control, manage and maintain all sanctuaries in a state. The Chief Wildlife Warden is appointed by the state government.  The Bill specifies that actions of the Chief Warden must be in accordance with the management plans for the sanctuary.
• Conservation reserves: Under the Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.  The Bill empowers the central government to also notify a conservation reserve.
• Surrender of captive animals: The Bill provides for any person to voluntarily surrender any captive animals or animal products to the Chief Wildlife Warden.  No compensation will be paid to the person for surrendering such items.  The surrendered items become property of the state government.
• Penalties: The Act prescribes imprisonment terms and fines for violating the provisions of the Act.  The Bill increases these fines.

Connect the dots:

• CITES
• Schedules under WLP Act 1972.

SECURITY ISSUES

4. THE NEW INDIA-CHINA TAWANG CRISIS

THE CONTEXT: India’s Defense Minister has recently addressed on the floor of the Parliament about the Chinese troops “encroachment into Indian territory” and “unilaterally tried to change the status quo” along the disputed border near the Yangtze area.

THE EXPLANATION:

What is the source of tension?

• In September 2022, Indian and Chinese troops disengaged in the Gogra Hotspring area of Eastern Ladakh, the last of the acknowledged “friction points” that were discussed over 16 rounds of military commander level talks that began in May 2020, after Chinese incursions at several points in the area.
• Tensions in Ladakh continues over the build-up of Chinese troops in Depsang, intrusions in Demchok and the rapid infrastructure build up by the Chinese, including two bridges over the Pangong lake that will reduce Chinese mobilization time on the southern bank.
• The incident came days after China expressed objection to Operation Yudh abhyas, an India-US joint military exercise at Auli in the Uttarakhand hills, claiming it was a violation of 1993 and 1996 border agreements.
• The continuing military tensions at different points along the 3,000 km-LAC comes as India kicked off a series of events as part of its presidency of the G20, a grouping of the world’s leading economies that includes China.

What is Line of Actual Control?

China and India share a disputed 3,440 km (2,100 mile) long de facto border – called the Line of Actual Control, or LAC – which is poorly demarcated.

The LAC is generally divided into three sectors:

• The western sector between Ladakh on the Indian side and the Tibet and Xinjiang autonomous regions on the Chinese side. This sector was the location of the 2020 China–India skirmishes.
• The middle sector between Uttarakhand and Himachal Pradesh on the Indian side and the Tibet autonomous region on the Chinese side.
• The eastern sector between Arunachal Pradesh on the Indian side and the Tibet autonomous region on the Chinese side. This sector generally follows the McMahon Line.

VALUE ADDITION:

Pangong lake: Pangong means conclave in Ladakhi and Tso means lake in Tibetan language.Situated at over 14,000 feet, the Lake is about 135 km long.

It is formed from Tethys geosyncline.

SECURITY ISSUES

5. WHAT IS PANDORA VIRUS?

THE CONTEXT: Scientists have recently revived several large viruses that had been buried in the frozen Siberian ground (permafrost) for tens of thousands of years. The youngest virus to be revived was a sprightly 27,000 years old. And the oldest – a Pandoravirus – was around 48,500 years old. This is the oldest virus ever to have been revived.

THE EXPLANATION:

• Pandoravirus is a genus of giant virus, first discovered in 2013. It is the second largest in physical size of any known viral genus. Pandoraviruses have double stranded DNA genomes, with the largest genome size (2.5 million base pairs) of any known viral genus.
• Pandoraviruses are oval in shape and are about 1 micrometer (1000 nanometers) in length. Other viruses range from 25 to 100 nanometers. In addition to being large physically, Pandoraviruses have a large genome made up of 2,500 genes, compared to only 10 genes on average in other viruses. For example, the Influenza A virus contains 7 genes and HIV contains only 9 genes.
• Pandoraviruses do not seem to be harmful to humans.
• They are mostly found in marine environments, infecting amoebae. One reason for their only relatively recent discovery is because they exist in environments that are not well studied. Pandoraviruses, like other marine viruses, prey on plankton, which are organisms that live in the water column and form the basis of the food chain for other marine species.
• More study and research need to be done in order to confirm the prevalence of Pandoraviruses in different environments. Currently, not much is known about their role in marine ecosystems.

THE CONTEXT: On 26 February 2022 Ukraine lodged a case against Russia at the ICJ which was centred on the interpretation of a 1948 treaty on the prevention of genocide, signed by both Russia and Ukraine. The court is named in the treaty itself as the forum for resolving disputes related to genocide and Ukraine’s suit argues that Russia has misinterpreted the treaty in several ways. This article explains the whole issue in detail and analyses the efficacy of ICJ in the present times.

WHAT IS THE INTERNATIONAL COURT OF JUSTICE (ICJ)

ABOUT ICJ

• The ICJ is the principal judicial organ of the United Nations (UN). The International Court of Justice is also known as the World Court.It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
• The seat of the Court is at the Peace Palace in The Hague (Netherlands).Of the six principal organs of the United Nations, ICJ is the only one not located in New York (United States of America).
• Its official working languages are English and French
• All members of the UN are ipso facto parties to the statute, but this does not automatically give ICJ jurisdiction over disputes involving them. The ICJ gets jurisdiction only on the basis of the consent of both parties. The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

Figure 1 Charter of the United Nations

ITS ORIGIN

• The court is the successor to the Permanent Court of International Justice (PCIJ), which was brought into being by the League of Nations, and which held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922.
• After World War II, the League of Nations and PCIJ were replaced by the United Nations and ICJ respectively.
• The PCIJ was formally dissolved in April 1946, and its last president, Judge José Gustavo Guerrero of El Salvador, became the first president of the ICJ.

ITS COMPOSITION

• The ICJ consists of a panel of 15 judges elected by the United Nations General Assembly (UNGA) and United Nations Security Council (UNSC) for nine-year terms. These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies. The Court does not include more than one national of the same State. Moreover, the Court as a whole represents the main forms of civilization and the principal legal systems of the world.
• One-third of the Court is elected every three years; Judges are eligible for re-election.
• The 15 judges of the Court are distributed in the following regions:
   Three from Africa.
   Two from Latin America and the Caribbean.
   Three from Asia.
   Five from Western Europe and other states.
   Two from Eastern Europe.

ROLES AND RESPONSIBILITIES

• The Court settles legal disputes submitted to it by States, in accordance with international law. It also gives advisory opinions on legal questions referred by authorised UN organs and specialised agencies. Judgments in disputes between States are binding.
• The Court decides disputes between countries, based on the voluntary participation of the States concerned. If a State agrees to participate in a proceeding, it is obligated to comply with the Court’s decision.

WORKING OF THE COURT

• States have no permanent representatives accredited to the Court. They normally communicate with the Registrar through their Minister for Foreign Affairs or their ambassador accredited to the Netherlands.
• The sources of law that the Court must apply are international treaties and conventions in force; international custom; the general principles of law; judicial decisions; and the teachings of the most highly qualified publicists*. Moreover, if the parties agree, the Court can decide a case ex aequo et bono, i.e., without confining itself to existing rules of international law.

A *publicist is an international law scholar or a scholarly organization (e.g., American Law Institute). However, Article 38 of the ICJ Statute indicates that only teachings (writings) of “the most highly qualified publicists” are considered to be a source of international law. Thus, not every article or book about an international law topic would be considered a source of international law.

A CRITICAL ANALYSIS OF THE FUNCTION AND RESPONSIBILITIES OF ICJ

• The International Court of Justice (ICJ) is the international community’s legal guardian.The ICJ is frequently called upon to defuse crisis situations, help normalize relations between states, and reactivate stalled negotiation processes. It resolves legal disputes submitted to it by States in accordance with international law, as well as provides advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. Within its limited jurisdiction, the ICJ has resolved significant international disputes, thereby contributing to international peace and security.
• In carrying out its mandate, the Court not only contributes to the strengthening of international law’s role in international relations but also to its development and is increasingly being used as a forum for the resolution of environmental disputes, particularly those involving transboundary harm, as well as other disagreements affecting the conservation of living resources, environmental protection, or potentially adverse effects on human health.
• Albeit the court cannot enact new laws in the same way that a regulator can, the Court can clarify, refine, and interpret international law rules. In the present scenario of Russia’s military action on Ukraine ICJ’s decision is binding on Russia and constitutes part of its international legal obligations. If Russia continues its military actions, it will be a brazen violation of international law.

DISCOURSE ON UKRAINE’S CASE AGAINST RUSSIA AT ICJ

UKRAINE’S APPLICATION AGAINST RUSSIAN FEDERATION

• Ukraine contends that Russian Federation has falsely claimed that acts of genocide have been committed in the Luhansk and Donetsk oblasts of Ukraine and based on such claims Russia initiated a special military action and recognized the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’.
• Ukraine “emphatically denies” that such genocide has occurred and states that Russia has no lawful basis to take action in and against Ukraine for the purpose of preventing and punishing any purported genocide.
• Ukraine used the clause of the Genocide Convention of (1948) to get the ICJ to hear the case. The top court of the United Nations has ordered Russia to “immediately suspend” its military operations in Ukraine.
• It is a “provisional measures” order – an emergency ruling made before the court hears the whole case. Provisional measures are binding. It means even if Russia maintains incorrectly that the invasion is legal, it is now breaching international law anyway by failing to comply with the ICJ’s order. However, a binding ruling is not the same as an enforceable one. Just as there is no global government to give the ICJ more power, there is no global police to enforce its decisions.

Article I of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), 1948 as interpreted by the ICJ in the past makes it an obligation for any state not to commit genocide and also gives an extraterritorial scope to signatory states to prevent genocide. (This became the basis for Russia to initiate a special military action against Ukraine.) Ukraine also contends this interpretation and says that no rule in international law automatically gives one state a right to invade another state to stop genocide.
Article VIII states that any contracting party can unilaterally approach the competent organs of the United Nations in matters related to the acts of genocide.
Article IX states that “Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.” (This became the basis for Ukraine to unilaterally approach ICJ as both Ukraine and Russia are parties to the Genocide Convention.)

• Russia has rejected the order by the ICJ to immediately suspend its military operations in Ukraine by saying that:
   Both sides had to agree to end the hostilities for the ruling to be implemented.
   The ruling was not valid as no consent from both sides can be obtained in this case.
   Though Russia boycotted a hearing on the case but argued in a written filing that the court didn’t have jurisdiction and also said it was acting in self-defence with the invasion.

STANCE OF JUSTICE DALVEER BHANDARI ON THE ISSUE

• Bhandari was one of the two judges at the world court whose vote is contrary to their respective countries’ stance at the United Nations General Assembly (UNGA).
• At the United Nations (UN), India’s stand has been that diplomacy and dialogue are the solutions to the conflict between Russia and Ukraine. At the UN General Assembly on 2 March 2022, India urged both sides to focus on diplomacy to end the war and abstained from voting on the matter.
• Unlike in the UN, in the ICJ, there is no option of abstention and ICJ judges vote in their individual capacities, and they vote on the merits of that. A judge’s opinion at the world court is in his or her individual capacity and does not reflect their respective countries’ stand on the issue.

INDIA AND ICJ

ACCEPTING THE JURISDICTION OF ICJ

• In September 2019 India declared the matters over which it accepts the jurisdiction of the ICJ. This declaration revoked and replaced the previous declaration made in September 1974 and September 1959.
• Among the matters over which India does not accept ICJ jurisdiction are: “disputes with the government of any State which is or has been a Member of the Commonwealth of Nations”, and “disputes relating to or connected with facts or situations of hostilities, armed conflicts, individual or collective actions taken in self-defence…”
• The declaration, which includes other exceptions as well, has been ratified by Parliament.

PARTY TO A CASE AT ICJ

India has been a party to a case at the ICJ on six occasions, four of which have involved Pakistan. They are:

• Right of Passage over Indian Territory (Portugal v. India, culminated 1960) – Ruling in India’s favour.
• Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan, culminated 1972) – ICJ rejected Pakistan’s objection.
• Trial of Pakistani Prisoners of War (Pakistan v. India, culminated 1973) – Pakistan choose not to move ahead with the proceedings.
• Aerial Incident of 10 August 1999 (Pakistan v. India, culminated 2000) – ICJ rejected Pakistan’s contention.
• Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India, culminated 2016) – The court ruled that it does not have any jurisdiction on the issue in the absence of a dispute between the two countries
• Kulbhushan Jadhav (India v. Pakistan, culminated 2019) – The ICJ held that Pakistan was in clear violation of the rights and obligations described under the Vienna Convention on Consular relations 1963 and ruled in favour of India. Jadhav still remains in Pakistan Jail.

INDIANS AS MEMBERS OF ICJ

• Four Indians have been members of the ICJ so far:
   Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.
   Former Chief Justice of India R S Pathak served from 1989-91.
   Former Chief Election Commissioner of India Nagendra Singh from 1973-88. Singh was also president of the court from 1985-88 and vice-president from 1976-79.
   Sir Benegal Rau, who was an advisor to the Constituent Assembly, was a member of the ICJ from 1952-53.

LIMITATIONS ON THE FUNCTIONING OF ICJ

ICJ suffers from certain limitations, these are mainly structural, circumstantial and related to the material resources made available to the Court.

JURISDICTION TO TRY INDIVIDUALS

• It has no jurisdiction to try individuals accused of war crimes or crimes against humanity.
• As it is not a criminal court, it does not have a prosecutor able to initiate proceedings.

HUMAN RIGHTS VIOLATION ALLEGATIONS FROM INDIVIDUALS

• The International Court of Justice differs from other courts such as:
   The Court of Justice of the European Union (Luxembourg), whose role is to interpret European Community legislation uniformly and rule on its validity,
   The European Court of Human Rights (France) and the Inter-American Court of Human Rights (Costa Rica), which deal with allegations of violations of the human rights conventions under which they were set up.

These three courts can entertain applications from individuals as well as from States which is not possible for the International Court of Justice.

NOT A SPECIALIST COURT

• The jurisdiction of the International Court of Justice is general and thereby differs from that of specialist international tribunals, such as the International Tribunal for the Law of the Sea (ITLOS).
   ITLOS is an independent judicial body established by UNCLOS to adjudicate disputes arising out of the convention.
   United Nations Convention on the Laws of the Sea (UNCLOS) was adopted in 1982 to establish jurisdictional limits over the ocean areas and regulate activities in international waters, including sea-bed mining and cable laying etc.

NOT A SUPREME COURT

• The Court is not a Supreme Court to which national courts can turn; it does not act as a court of last resort for individuals nor is it an appeal court for any international tribunal. It can, however, rule on the validity of arbitral awards.

CANNOT INITIATE PROCEEDING SUO MOTO

• The Court can only hear a dispute when requested to do so by one or more States.
• It cannot deal with a dispute on its own initiative.
• Neither is it permitted, under its Statute, to investigate and rule on acts of sovereign States as it chooses.

DO NOT HAVE A COMPULSORY JURISDICTION

• The ICJ only has jurisdiction based on consent, not compulsory jurisdiction.

DO NOT ENJOY FULL POWERS

• It does not enjoy a full separation of powers, with permanent members of the Security Council being able to veto enforcement of cases, even those to which they consented to be bound.

ABOUT GENOCIDE CONVENTION

• The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law that codified for the first time the crime of genocide. It was the first human rights treaty adopted by the General Assembly of the UN on 9 December 1948.
• It signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War and its adoption marked a crucial step towards the development of international human rights and international criminal law as we know it today.
• According to the Genocide Convention, genocide is a crime that can take place both in times of war as well as in the time of peace. The definition of the crime of genocide, as set out in the Convention, has been widely adopted at both national and international levels, including in the 1998 Rome Statute of the International Criminal Court (ICC).
• Importantly, the Convention establishes on State Parties the obligation to take measures to prevent and punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals” (Article IV). Those obligations, in addition to the prohibition not to commit genocide, have been considered norms of international customary law and therefore, binding on all States, whether or not they have ratified the Genocide Convention.
• India is a signatory to this convention.

THE WAY FORWARD

• The ICJ can only hear a dispute when requested to do so by one or more States and cannot deal with a dispute on its own initiative. The power of the court shall be expanded in regard to international laws to take Suo moto cognizance and initiate proceedings to maintain international peace and order.
• ICJ shall also be given the power to hear the matters which have already been decided by other international tribunals.
• Though the ICJ can only hear cases by the states it shall also accept applications from individuals as well as international organizations.
• The rulings of the court are binding but not enforceable on states and the onus lies on other UN organs for their implementation. This leads to a lack of confidence in the efficacy of the court. The court shall be given some institutional powers to make it more efficient.

THE CONCLUSION: While the court did not decide on whether Russia has breached the Genocide Convention, as this is a question of merits, it did express doubt over whether a country can unilaterally use force against another country for punishing or preventing an alleged act of genocide. This indicates that Russia’s use of force is difficult to justify under the Genocide Convention. Just because authoritarian populist leaders don’t care for international law does not diminish its significance. International law, even if not sufficient, is necessary to maintain global order. The ICJ decision is an impactful step in that direction.

[WpProQuiz 385]

HEALTH ISSUES

1. ZIKA VIRUS

THE CONTEXT: Karnataka has recorded its first case of Zika virus. A five-year-old girl from Raichur tested positive for the virus. Health minister Sudhakar said that the government was taking all precautionary measures and was monitoring the situation.

The Explanation:

• The virus was first identified in Uganda in 1947 in monkeys.
• The Zika virus is predominantly transmitted by infected mosquitoes from the Aedes genus, mainly Aedes aegypti. The Aedes mosquitoes also spread dengue, chikungunya and yellow fever.
• Zika virus is also transmitted from mother to fetus during pregnancy, as well as through sexual contact, transfusion of blood and blood products, and possibly through organ transplantation.

Symptoms:

• Generally, the symptoms include fever, rash, conjunctivitis, muscle and joint pain, malaise, or headache. It lasts for about two to seven days. Most infected people do not develop any symptoms.
• Zika virus infection during pregnancy can cause infants to be born with microcephaly (smaller than normal head size) and other congenital malformations, known as congenital Zika syndrome.
• It has no treatment or vaccine. Instead, the focus is on relieving symptoms and includes rest, rehydration and acetaminophen for fever and pain.

ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

2. JUST TRANSITION INITIATIVE

THE CONTEXT: South Africa and Kenya have recently announced the Just Transition Initiative to put an end to plastic pollution in an inclusive manner. This announcement came in the aftermath of the historic the first Session of the Intergovernmental Negotiating Committee (INC) to phase out plastic.

THE EXPLANATION:

What is Just Transition Initiative

• The Just Transition Initiative aims to phase out plastic in an inclusive manner so that the transition does not adversely affect the concerned stakeholders.
• It aims to create decent jobs for waste-pickers and other workers in the plastic value chain.
• The just transition means addressing the needs of everyone involved in the plastic value chain, including those employed under the informal and cooperative settings and recognizing their fundamental human dignity and historic contribution.
• It involves increasing the social and economic opportunities of ending plastic pollution while minimising and carefully addressing all challenges associated with the shift from plastic usage.
• The plan for a just transition will guarantee better and decent work, social protection, capacity building and improved job security for those who are playing a role in the plastic value chain.

About INC-1

• The first session of the Intergovernmental Negotiating Committee or INC-1 was held from November 28 to December 2 in Uruguay’s Punta del Este. It is an international negotiation between governments, the private sector and civil society to end global plastic pollution.
• It seeks to implement a life-cycle approach to end plastic pollution, which could contribute towards addressing global climate crisis, and the degradation of biodiversity. The objective of the negotiation is to develop an international legally binding instrument to end plastic pollution, including in the marine environment.
• The INC process will be convened and managed by the United Nations Environment Programme. The negotiations are expected to be finalized in 2024.
• According to scientific research, humanity produces some 460 million metric tonnes of plastic each year. If actions are not taken against this, the plastic waste is expected to triple by 2060. A UNEP study found that over 14 million metric tonnes of plastic enters and damages aquatic ecosystems each year.
• The greenhouse gas emissions caused by plastics is expected to account for 15 per cent of the total emissions allowable by 2050 if the global warming is expected to be maintained at 1.5°C.

3. WHAT IS GREEN HYDROGEN?

THE CONTEXT: India can be a global leader in electrolyser, green hydrogen, says G20 Sherpa ‘G20 is the most powerful forum, representing more than 85% of world GDP, almost 75% of global trade, almost 90% of global patents and and 60% of global population’

The Explanation:

4. ENVIRONMENT EDUCATION, AWARENESS AND TRAINING (EEAT)

THE CONTEXT: Recently Environment Education scheme has been revamped into Environment Education Programme.

THE EXPLANATION:

About Environment Education, Awareness and Training (EEAT):

• It is a Central Sector scheme implemented by Ministry of Environment, Forest and Climate Change.
• Objective: To promote environmental awareness and mobilize students’ participation for environment conservation.
• Under this Scheme there are two major programmes namely Green Corps (NGC) Programme and National Nature Camping Programme (NNCP)

Green Corps (NGC) Programme:

• Under this scheme more than 1 lakh Eco-clubs have been formed in schools and colleges to educate students and to spread awareness on environmental
• A financial assistance of Rs 5,000/- per Eco-club used to be provided under this programme with a ceiling of 500 school Eco-clubs per district and 100 college Eco-clubs per State.

National Nature Camping Programme (NNCP)

• Under this scheme, organization of field visits/ nature camps in different Protected Areas/ Nature Parks/ Tiger Reserves of the country for students were supported.
• These camps provided ‘nature experience’ to students and had huge potential to trigger their sensitivity towards nature and its conservation.

GOVERNMENT SCHEMES AND INTERVENTIONS

5. SCHEME FOR PROVIDING EDUCATION TO MADRASAS/ MINORITIES (SPEMM)

THE CONTEXT: The Parliamentary Standing Committee on Social Justice and Empowerment recently pulled up the Union government for the delay in approving the continuation of the Scheme for Providing Education to Madrasas/Minorities (SPEMM), which provides for financial assistance to madrasas and minority institutes.

THE EXPLANATION:

About Scheme for Providing Education to Madrasas/ Minorities (SPEMM):

The scheme has two sub-schemes –

• the Scheme for Providing Quality Education in Madrasas (SPQEM) and
• Infrastructure Development of Minority Institutes (IDMI).
• The scheme is being implemented at the national level.
• Both the schemes are voluntary in nature.

Implementation:

• Department of School Education and Literacy is implementing the Umbrella Scheme for Providing Quality Education to Madrasas/Minorities (SPEMM).
• The scheme was transferred from the Ministry of Minority Affairs to the Ministry of Education in 2021.

Scheme for Providing Quality Education in Madrasas (SPQEM):

• To provide financial assistance to traditional institutions like Madrasas and Maktabs to encourage them to introduce Science, Mathematics, Social Studies, Hindi and English in their curriculum so that academic proficiency for classes I-XII is attainable for children studying in these institutions.
• To provide opportunities to students of these institutions to acquire education comparable to the National Education System especially for secondary and senior secondary levels.
• To strengthen State Madrasa Boards opting for assistance by enabling them to monitor the Madrasa modernization programme and enhance awareness about education among the Muslim community.
• To provide quality components in Madrasas such as remedial teaching, assessment and enhancement of learning outcomes, Rashtriya Avishkar Abhiyan etc.
• To provide in-service training of teachers appointed under the scheme for teaching modern subjects of Science, Mathematics, Social Studies, Hindi and English to improve their pedagogical skills and quality of teaching.

1. Continue on the steep path to faith READ MORE
2. Stoical in all situations READ MORE

1. Carbon credit in India: The passing of bill to curb carbon emission could prove to be revolutionary READ MORE  
2. Explained: What the Newly Passed Energy Conservation (Amendment) Bill Is All About READ MORE
3. Arctic Report Card 2022: The Arctic is getting rainier, seasons are shifting, with broad disturbances for people, ecosystems READ MORE

1. Pasmanda Muslims and Their Decades-Long Fight for Equality READ MORE
2. Curbing individualism in public health READ MORE
3. Mint Explainer: India’s road to becoming a higher education hub READ MORE

1. The attack on the last bastion — the judiciary READ MORE
2. Selective arguments: Executive and judiciary need to find common ground READ MORE
3. Facial recognition system rollout at Indian airports raises privacy concerns READ MORE
4. Union Government is eroding judicial independence by its control over appointments READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Shiv Sena Rift : Uddhav Group Seeks Reference To 7-Judge Bench Of Supreme Court To Reconsider ‘Nabam Rebia’ Decision READ MORE
2. Constitution Bench lists Assam Accord citizenship case on January 10 READ MORE
3. India hits out at Organisation of Islamic Cooperation chief for visit to LoC from Pakistani side READ MORE
4. EU makes breakthrough on climate-protection import tax READ MORE
5. Bali’s water crisis threatens local culture, UNESCO sites READ MORE
6. What is base editing, the groundbreaking tech that cleared a teenager’s cancer? READ MORE
7. 75% of India’s land conflicts happen over community-owned spaces: Report READ MORE
8. Understanding the fusion energy breakthrough announced by US scientists READ MORE

Main Exam

GS Paper- 1

1. Pasmanda Muslims and Their Decades-Long Fight for Equality READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. The attack on the last bastion — the judiciary READ MORE
2. Selective arguments: Executive and judiciary need to find common ground READ MORE
3. Facial recognition system rollout at Indian airports raises privacy concerns READ MORE
4. Union Government is eroding judicial independence by its control over appointments READ MORE

SOCIAL ISSUES

1. Curbing individualism in public health READ MORE
2. Mint Explainer: India’s road to becoming a higher education hub READ MORE

INTERNATIONAL ISSUES

1. How India Can Broaden its Relationships With Central Asia READ MORE
2. Critical security dilemma for Central Asian states READ MORE
3. Challenges of G20 presidency READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Interim relief: On retail inflation’s fall to a 11-month low READ MORE
2. The rise of rural manufacturing READ MORE
3. RBI should take note of uneven credit growth READ MORE
4. Cryptocurrencies are risky: Regulate or ban them READ MORE
5. A welcome shift: GM crops will boost yields READ MORE

ENVIRONMENT AND ECOLOGY

1. Carbon credit in India: The passing of bill to curb carbon emission could prove to be revolutionary READ MORE  
2. Explained: What the Newly Passed Energy Conservation (Amendment) Bill Is All About READ MORE
3. Arctic Report Card 2022: The Arctic is getting rainier, seasons are shifting, with broad disturbances for people, ecosystems READ MORE

DISASTER MANAGEMENT

1. Ready for the worst: on government’s better preparedness for cyclones READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Continue on the steep path to faith READ MORE
2. Stoical in all situations READ MORE

Questions for the MAIN exam

1. Social indices such as women’s nutrition, education and maternal mortality and the health of newborn babies are directly related to the age of marriage. In the context of this perspective, analyse the need for increasing in rise of minimum weeding age girl child.
2. Reforms cannot happen from above. They require the transformation of the people’s consciousness. Comment.

QUOTATIONS AND CAPTIONS

• An imbalance between rich and poor is the oldest and most fatal ailment of all republics.
• A more educated and skilled rural workforce will establish rural areas’ comparative advantage of low wages, higher reliability and productivity and hasten the process of the movement out of agriculture to higher-earning livelihoods.
• The growth of rural manufacturing, by generating new jobs, thus provides an economic base for the transition out of agriculture.
• Issues of pendency and infrastructure ought to be broached in appropriate forums and in high-level meetings to quell the growing acrimony between the executive and the higher judiciary.
• If credit demand continues to soar, banks will have to garner more deposits, mostly by hiking rates thus hurting margins.
• The Governor should be allowed to become a ‘shorthand’ expression of the state government, especially when the political executives appear to be motivated by socio-political considerations.
• Any legislation for regulation can be effective only after significant international collaboration on evaluation of the risks and benefits and evolution of common taxonomy and standards.
• A return to the NJAC may not be possible. But some sort of meeting ground that narrows the differences and hastens the appointment and transfer system transparently in a judiciary where backlogs are humongous is urgently needed.
• Using facial recognition technology would not comply with the Puttaswamy judgement the Supreme Court gave, Seetha added. In the Puttaswamy judgement of 2017, the Supreme Court had held that the fundamental right to privacy is guaranteed under the Constitution.
• Regarding the transfer of judges, the Constitution Bench held that the opinion of the CJI has not mere primacy, but is determinative in the matter of transfers of high court judges/chief justices.
• Although improving connectivity between India and the Central Asian states is a goal for New Delhi and Central Asia, an adverse Pakistan and Taliban-ruled Afghanistan restrict ambitions.

50-WORD TALK

• Last week’s skirmish near Arunachal’s Tawang demonstrates China remains committed to seizing tactically-important territories along the Line of Actual Control. The Indian Army has shown it cannot be bullied into giving ground. The real challenge, however, is to protect the borders without being sucked into an expensive, resource-sapping military build-up.
• Sushil Modi saying the Rs 2,000 note is a tool of terror financing and black money is another indictment of demonetisation. If high-value notes were removed in 2016 for being used in illegal activities, it makes sense that higher-value notes would follow the same path. The answer lies in digitisation.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE CONTEXT: The Ukraine crisis has crossed a critical point, with Russia following up its recognition of rebel regions in eastern Ukraine (Donbas region)- Donetsk and Luhansk with a full-fledged invasion to “demilitarise” and “denazify” Ukraine.The United Nations Security Council (UNSC), on 27 February 2022, voted to convene an emergency special session of the General Assembly to consider a resolution on the situation in Ukraine, vetoed by Russia.

ABOUT UNITED NATIONS SECURITY COUNCIL (UNSC)

United Nations Security Council was established by 51 UN founding countries in 1945.

• It has primary responsibility, under the UN Charter, for the maintenance of international peace and security.
• The Security Council is made up of fifteen member states, consisting of five permanent members (P5)—China, France, Russia, UK, and the USA—and ten non-permanent members elected for two-year terms by the General Assembly on a regional basis.
• Election of non-permanent members: non-permanent members are elected by a two-thirds vote of the UN General Assembly. The main criterion for eligibility is contribution “to the maintenance of international peace and security,” often defined by financial or troop contributions to peacekeeping operations. Present non-permanent members are mentioned in the table.
• Subsidiary organs that support the Council’s mission include:
  Counter-Terrorism Committee, Sanctions Committee, Peace Keeping Operations, International Courts, and Tribunals.
• UNSC and UNGA:
   The Council also makes recommendations to the General Assembly to appoint a new Secretary-General and to admit new members to the UN. Security Council decisions are formal expressions of the will of the Council.
   The Security Council, the United Nations’ principal crisis-management body, is empowered to impose binding obligations on the 193 UN member states to maintain peace.
   The Council’s presidency rotates on a monthly basis, ensuring some agenda-setting influence for its ten non-permanent members, which are elected by a two-thirds vote of the UN General Assembly.
   The unconditional veto possessed by the five permanent members has been seen as the most undemocratic character of the UN.
   “Veto power” refers to the power of the permanent member to veto (Reject) any resolution of the Security Council.
   Critics claim that veto power is the main cause for international inaction on war crimes and crimes against humanity.
   Supporters of the veto power regard it as a promoter of international stability, a check against military interventions, and a critical safeguard against U.S. domination.

SUCCESSES OF UNSC

• Since 1948, the UN has helped end conflicts and foster reconciliation by conducting successful peacekeeping operations in dozens of countries, including Cambodia, El Salvador, Guatemala, Mozambique, Namibia and Tajikistan.
• UN peacekeeping has also made a real difference in other places with recently completed or on-going operations such as Sierra Leone, Burundi, Côte d’Ivoire, Timor-Leste, Liberia, Haiti and Kosovo. By providing basic security guarantees and responding to crises, these UN operations have supported political transitions and helped buttress fragile new state institutions. They have helped countries to close the chapter of conflict and open a path to normal development, even if major peacebuilding challenges remain.

CASES IN THE RECENT PAST WHERE THE UN SYSTEM APPEARS TO HAVE FAILED QUITE VISIBLY.

COUP IN MYANMAR

• Myanmar Military (Junta) last year in February took over the democratically elected government, putting the elected leaders in prison, slapping them with national security cases and even declaring full emergency.
• UNSC has held at least 3 rounds of discussions on the issue but has taken no action yet against the Junta for the coup.
• All this comes against the already persisting and unresolved situation of the Rohingya Refugees and humanitarian crises.

TALIBAN TAKEOVER OF AFGHANISTAN

• So far there have been three discussions in UNSC over the issue and one resolution but have not been able to deliver any binding or punitive statement rather at present the resolution shows the Taliban as the default force ruling the country.
• The UN has also failed to instil the idea of UN-led Transitional Council unlike in the case of East Timor where it ran the transitional Council until it handed over after the independence of the country.

RUSSIA’S MILITARY ACTION ON UKRAINE

• Russia vetoed a UN Security Council resolution, that would have demanded that Moscow immediately stop its attack on Ukraine and withdraw all troops.
• This significantly clears the doubt surrounding the abuse of veto powers being used by P5 countries.

ISSUES AND PROBLEMS WITH UNSC

GROUP OF ELITES

• The winners of WW2, P5 members (France, Russia, United Kingdom, China and the United States) hold the veto powers and all the members are nuclear powers, only addressing the strategic interests and political motives of the permanent members.

ANACHRONISM OF PRESENT TIMES

• The veto powers that the UNSC’s five permanent members enjoy are an anachronism in this age. The UNSC in its current form has become a constraint in understanding the international changes and dynamics in the area of human security and peace

POWER PLAY IN UNSC

• Divisions among the P5 i.e. there is a deep polarization within the UN’s membership, so decisions are either not taken, or vetoed.
• Frequent divisions within the UNSC P5 end up blocking key decisions.
• Example: With the coronavirus pandemic emergence, the UN, the UNSC, and WHO failed to play an effective role in helping nations deal with the spread.

ABSENCE OF RECORDS AND TEXTS OF MEETINGS

• The usual UN rules don’t apply to the UNSC deliberations, and no records are kept of its meetings.
• Additionally, there is no “text” of the meeting to discuss, amend or object.

IRONIC CONDITION

• The main purpose of the UN is to maintain peace and stability in the world. Five permanent members of the UN Security Council are the top five largest arms dealing countries in the world.

EFFECTIVENESS AND RELEVANCE

• Unable to respond effectively to the emerging international conflicts and other humanitarian crises.

AN UNDER-REPRESENTED ORGANISATION

• The existing gaps in terms of the under-representation of regions especially from Africa, Asia and Latin America are crippling the UNSC as a global institution governing international peace and security.
• The absence in the UNSC of the globally important countries – India, Germany, Brazil and South Africa – is a matter of concern.

REFORMS IN UNSC

WHAT SHOULD BE THE APPROACH

• Reforms must reflect contemporary global realities and for this purpose, the reform of the UN including the expansion of the UNSC in both permanent and non-permanent categories is essential

REGIONAL REPRESENTATION

• European bias in P-5 is due to the presence of the UK, France and Russia while regions like Latin America, Caribbean group, Arabs and Africa do not have a single permanent member.
• There is a need to overcome the European and Western hegemony and have equitable geographical representation.

CHANGING GEOPOLITICS

• The victors of World War II shaped the United Nations Charter in their national interests, dividing the permanent seats, and associated veto power, among themselves.
• It has been 76 years since the foundation of UNSC and the geopolitical realities have changed drastically and the structure of UNSC should also reflect the same.

QUESTION OF VETO

• Veto power is grossly misused by the permanent members in their own interests. This also badly affects the conduct of the business of UNSC as many important proposals involving substantive issues get blocked. The Veto shall be rarely and cautiously used by world leaders.

TRANSPARENCY AND WORKING METHODS

• While the expansion of the Security Council has been hotly debated across the world, debate on the working methods of the Council is an equally important aspect of reform to many member states.
• The participative, consultative and democratic approach of the functioning of the UN in general and UNSC, in particular, should be adhered to.

KOFI ANNAN MODEL FOR REFORMS – 2005

In 2005, the Former UN secretary-general presented two models for a total of 24 seats in the Council.
Model A: Six new permanent seats, with no veto being created, and three new two-year term non-permanent seats, to have representation from all regions.
Model B: No new permanent seats but create a new category of eight 4-year renewable-term seats and one 2-year non-permanent and non-renewable seat.

CHALLENGES FOR REFORMS

AMENDMENT TO UN CHARTER

This amendment involves a two-stage process:

• Stage I: General Assembly must approve the reform by a two‑thirds majority (i.e. at least 128 states).
• Stage II: amended Charter must then be ratified by at least two‑thirds of the member states, including the five permanent Council members.
• This process includes all Security Council’s permanent members, and they may not take a step to curb their own powers.

POLITICAL WILL AND INTEREST OF P5

• Every country’s actions are based on its national interests and no one likes to get its power diluted.
• There has been no consensus reached among the UN members including the P5, on how to adjust the Security Council’s structure and in particular how to increase the number of new permanent members.

INTERGOVERNMENTAL NEGOTIATIONS

• There is no coherence in the approach of supporters of UN reforms, The G4 bid has been opposed by a few countries, whereas other groups like Coffee Club opposed adding countries as permanent members.
• The 13-member group that includes Pakistan and is known as United for Consensus (UfC) has been in opposition to adding more permanent members to the Council.

INDIA AND UNSC

Why India should be admitted as a permanent member?

• The expansion of the Security Council, in the category of both permanent and non-permanent members, and the inclusion of countries like India as permanent members, would be a first step in the process of making the United Nations a truly representative body.
• At the core of India’s call for reformed multilateralism, lies the reform of the UN Security Council, reflective of the contemporary realities of today. When power structures continue to reflect the status quo of a bygone era, they also start reflecting a lack of appreciation of contemporary geopolitical realities.
• The Charter of the United Nations, alongside the call for a geographically balanced distribution of seats, also expressly states that countries that make considerable contributions to the UN should be members of the Security Council.
• India’s performance as a non-permanent member of the Security Council during 2011- 2012 has also significantly strengthened India’s claim to permanent membership
• By any objective criteria such as population, territorial size, GDP, economic potential, civilizational legacy, cultural diversity, political system, India is eminently suited for permanent membership of an expanded UNSC.

Why should India bid for a permanent seat in UNSC?

• The largest democracy in the world.
• 3rd largest economy.
• Home to 1/6th of the total world population.
• One of the largest peacekeeping contributors to the UN.

INDIA IN UNSC AS A NON-PERMANENT MEMBER FOR THE EIGHTH TERM (2021-2022)

INDIA’S 5-S APPROACH • SAMMAN – Respect

• SAMVAD – Dialogue
• SAHYOG – Cooperation
• SHANTI – Peace
• SAMRIDDHI – Prosperity

NEW OPPORTUNITIES FOR PROGRESS

• As a rule-abiding democracy and a positive contributor to the security of the global commons, India should work constructively with partners to bring innovative and inclusive solutions to foster development.
• India calls for greater involvement of women and youth to shape the new paradigm.

EFFECTIVE RESPONSE TO INTERNATIONAL TERRORISM

• Addressing the abuse of ICT by terrorists.
• Disrupting their nexus with sponsors and transnational organised criminal entities.
• Stemming the flow of terror finance.
• Strengthening normative and operative frameworks for greater coordination with other multilateral forums

COMPREHENSIVE APPROACH TO PEACE AND SECURITY

India’s vision for international peace and security is guided by:

• Dialogue and cooperation.
• Mutual respect.
• Commitment to international law.

INDIA ON RUSSIA-UKRAINE ISSUE

• India strongly emphasized the need for all sides to exercise the utmost restraint and intensify diplomatic efforts to ensure a mutually amicable solution.
• India abstained from voting on the UNSC resolution condemning Russia’s aggression on Ukraine.

OUTCOMES OF INDIA’S PRESIDENCY

• The event was the first time when there was a comprehensive debate on the holistic concept of maritime security.
• Two other signature events – on Peacekeeping and Technology on August 18 and the briefing on Islamic State on August 19.
• India exchanged a Memorandum of Understanding (MoU) with the UN in support of the ‘Partnership for Technology in Peacekeeping’ initiative and to UN C4ISR Academy.
• For the first time, the Security Council held an open debate focused exclusively on how technology can aid in peacekeeping and for the first time, it adopted a presidential statement on the topic of technology and peacekeeping.
• India drafted a resolution on peacekeeping focused on ensuring accountability for crimes against peacekeepers. The resolution was sponsored by 80 member states, including all 15 members of the UNSC.
• First resolution being adopted by the Council on the situation in Afghanistan following the takeover of Kabul by the Taliban.
• The UNSC successfully steered the discussions on various peace and security issues that are on its agenda, including Myanmar, Syria, Yemen, and the Middle East Peace Process.

WHAT SHOULD INDIA DO?

• India should leverage its past experiences as a non-permanent member.
• India also needs to revitalise its engagement with its traditional partners in the “global south” by voicing its peace and security concerns in the UNSC. In this context, two sub-groups of the global south should be of particular interest: the Small Island States and Africa.
• The G4 nations of India, Brazil, Germany and Japan have reaffirmed that it is “indispensable” to reform the Security Council through an expansion in permanent and non-permanent seats to enable the UN organ to better deal with the “ever-complex and evolving challenges” to the maintenance of international peace and security.
• It’s been clear for some time now that the global multilateral order is not fit for its purpose. The Covid pandemic, Afghan issue, Nagorno-Karabakh issue and now Russia’s military action on Ukraine have only made the world more aware of the real-time consequences of this gradual decay. The United Nations Security Council has faced a lot of flak for not representing today’s international power realities and for not being able to shape the global discourse on the changing nature of security. Reforms in the UNSC and other multilateral institutions are the need of the hour.

THE WAY FORWARD FOR UNSC

• UNSC should be reformed to incorporate the adequate representation of every region of the world.
• Permanent seats in council should be increased.
• Council is acting like it’s 1945, this approach should be changed.
• Countries like India (Largest democracy in the world), Germany (Largest Economy of Europe), Brazil (Largest of Latin America) and one member from Africa continent should be the part of council with veto power.
• In order to enhance regional representation, there is consensus that the council must be enlarged to improve the current makeup, giving more weight to regions such as Africa, the Asia-Pacific and Latin America/Caribbean states, especially when most agenda issues centre on these regions.
• While an enlarged Council should address any democratic deficit and improve multilateralism, a modest increase has been preferred by P5 members to ensure it remains effective and does not descend into a talk shop unable to act quickly.
• Council should take lesson from the recent Russian attack and for future, it should be ready to stop such invasions.
• Permanent members of council should think beyond their interest to peacemaking.

THE CONCLUSION: The reform of the UNSC is a crucial issue on the current international agenda. Its progress will determine the effectiveness of the work of the whole UN system for the foreseeable future. The efforts in this area should be aimed, first of all, at enhancing the Council’s ability to promptly and effectively react to emerging challenges. This becomes even more relevant today as we witness multiple crises and conflicting situations.

[WpProQuiz 384]

[WpProQuiz 383]

1. Continue on the steep path to faith READ MORE
2. Stoical in all situations READ MORE

1. Apply precautionary principle to biotechnologies, scientists & policymakers urge at COP15 Montreal READ MORE
2. How India’s G20 presidency can help move the needle on climate action? READ MORE
3. Clean Energy Promotion Should Strike Balance With Livelihood, Ecology READ MORE

1. Pasmanda Muslims and Their Decades-Long Fight for Equality READ MORE
2. Curbing individualism in public health READ MORE
3. Mint Explainer: India’s road to becoming a higher education hub READ MORE

1. Big Tech and the need in India for ex-ante regulation READ MORE
2. For judiciary to remain independent, appointments of judges should be left to SC collegium READ MORE
3. On Pocso cases, CJI has a point READ MORE
4. Uniform Civil Code: An idea whose time has come READ MORE
5. UCC to Election Commission: Parliament’s winter session has seen a rush of private member bills READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. New India Literacy Programme READ MORE
2. Water Conservation Literacy Campaign READ MORE
3. Centre not to make public RBI report stating reasons for breach of inflation target for three quarters READ MORE
4. to turn 36,428 villages as ‘model tribal villages’ READ MORE
5. Cholera resurgence? Several countries record case surge, deaths since October READ MORE
6. to turn 36,428 villages as ‘model tribal villages’ READ MORE
7. Rupee likely to weaken ahead of key U.S. inflation data READ MORE
8. ISRO Successfully Completes Hypersonic Vehicle Test Run, Meets All Targets READ MORE

Main Exam

GS Paper- 1

1. Pasmanda Muslims and Their Decades-Long Fight for Equality READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Big Tech and the need in India for ex-ante regulation READ MORE
2. For judiciary to remain independent, appointments of judges should be left to SC collegium READ MORE
3. On Pocso cases, CJI has a point READ MORE
4. Uniform Civil Code: An idea whose time has come READ MORE
5. UCC to Election Commission: Parliament’s winter session has seen a rush of private member bills READ MORE

SOCIAL ISSUES

1. Curbing individualism in public health READ MORE
2. Mint Explainer: India’s road to becoming a higher education hub READ MORE

INTERNATIONAL ISSUES

1. The real promise of India-Australia FTA READ MORE
2. Chinese influence: Pak reliance on Beijing should make US wise up READ MORE
3. Critical security dilemma for Central Asian states READ MORE
4. Challenges of G20 presidency READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Towards a meaningful market economy READ MORE
2. Connectivity in the Northeast can’t just be a security issue. It has to be economic too READ MORE

ENVIRONMENT AND ECOLOGY

1. Apply precautionary principle to biotechnologies, scientists & policymakers urge at COP15 Montreal READ MORE
2. How India’s G20 presidency can help move the needle on climate action? READ MORE
3. Clean Energy Promotion Should Strike Balance With Livelihood, Ecology READ MORE

DISASTER MANAGEMENT

1. Ready for the worst: on government’s better preparedness for cyclones READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Continue on the steep path to faith READ MORE
2. Stoical in all situations READ MORE

Questions for the MAIN exam

1. Social indices such as women’s nutrition, education and maternal mortality and the health of newborn babies are directly related to the age of marriage. In the context of this perspective, analyse the need for increasing in rise of minimum weeding age girl child.
2. Reforms cannot happen from above. They require the transformation of the people’s consciousness. Comment.

QUOTATIONS AND CAPTIONS

• The world is like a multiplication table, or a maths equation, which, turn it how you will, balances itself.
• Separate personal laws are a legacy of the British empire, which based its administrative strategies on the classical principle of divide et impera or divide and rule.
• To the extent that we are, we need to move towards a meaningful and sustainable market economy, and not just a market economy. There is a long journey ahead.
• A private member’s bill seeking to amend the Constitution is scrutinised and approved by a committee before it is tabled in Parliament for consideration.
• All forms of individualistic approaches in public health need to be resisted to safeguard its original principles of practice, viz., population, prevention and social justice.
• In any free economy, market dominance is natural. But things get hazy when it is abused to prevent competition.
• Leaving the dominant power in appointment of judges to the executive could leave India without an independent judiciary. But judiciary should address concerns regarding opacity of the collegium.
• While a currency depreciation in general benefits the exporting sector, such benefits might not materialise given the current global and domestic conditions.
• With economic uncertainty looming, controlling costs is likely to continue to remain at the top of the list of corporate concerns. The challenge for companies focused on cost is to not neglect trust as they engage more with AI.
• With its outside contacts no longer under Russian observance, China is rapidly emerging as a major arms supplier and security partner in the region, though Russia still has a large military presence in the region. The Russians do resent China exploiting their economic Achilles’ heel.
• Hope, harmony and the power of healing are the three H to deal with the global challenges. A focus on developing countries and the Global south seems to be the only way forward.

50-WORD TALK

• The ongoing meeting in Udaipur marks a good start to the 200-meeting agenda set for India’s Presidency of the G20. Policy tracks are clear, diverse, and inclusive. However, while the pomp and splendour can be forgiven since it’s the first meeting, the next 199 should keep substance at the fore.
• The enormous hardships caused to patients by the hacking of the AIIMS hospital-management system is the result of primitive data-security practices and infrastructure. Though computers can be restored, the harm to patient privacy and public confidence can’t. Every citizen of digital India must be served by secure and reliable technology.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.