Connect with us

International Law

The Unfinished agenda of 2016’ Global Politics and expectations of 2017

Published

on

The unstoppable flow of new issues in international relations (IR) always pushes aside present and past crises. The entrance of these modern day challenges occupy more of the international community’s resources and time, making other vital issues less important. Is this an organic design, and the natural consequences?

It is a contested argument. However, we all forget that leaving problems to escalate from one year to the next year not only leaves the wound open, but makes it harder to close, particularly in regard to influencing the situation. Though the international players observe these developments as grave concerns, their experiences can only offer a familiar voice asking the stakeholders to remain calm. The Israeli-Palestine conflict, civil wars throughout Africa, the Kashmir issue, Tamil’s status in the United Sri Lanka, belligerent North Korea, Iran’s nuclear potential, governmental issues across Latin America, the worldwide war on terror, the shift of the old world order in the shadow of new rising powers, the impact of the Arab Spring, new tensions between the US and Russia, the Syrian refugee crisis, pandemic diseases, climate change, stalled WTO negotiations and many more keep the United Nations (UN) permanently engaged. Which issues did the international community consider more important than others and which remained untouched during the year 2016 will be discussed here.

This year the Israel-Palestine issue did not received more space in the agenda of the UN but was always present at the table. The recent abstention of the United States in the UNSC censuring the illegal Israeli settlements show that the long-standing approach of America in favor of Israel now is tilting. Israeli Prime Minister Benjamin Netanyahu was blindsided by this new shift, and spectators continue to contemplate why the US has broken its uncontested support for Israel and what the expected results might be.

No one dare talk of the Kashmir issue boldly, as it fuels the bitter relations between India and Pakistan. The reason for the estranged relations between India and Pakistan begins six decades ago at the partition of the Hindu-Muslim divide. Pakistan invaded Kashmir and was the aggressor in the situation. With no question surrounding India’s status as one of the new rising powers in the international system, seeking major influence within inter-governmental and organisational bodies is tensely anticipated. It seem Pakistan has not realised the reality of this issue, it can cry foul but it will not receive any support from any major Western players. This issue was not considered seriously by the international community for two reasons. First, India maintains that Kashmir is the internal matter of India and will only be resolved bilaterally with Pakistan. It claims that there would be no space for a third party. Second, India is the worlds largest democracy with a fast growing economy, as well as the largest importer of military procurements. India’s growth can be attributed to its friendly relations with major powers in the international system.

The agreement between Colombia and FARC would have ended one of the world’s longest, continuous conflicts in Latin American and set a precedent for resolving any deadly conflicts across the continent. However, Africa remains a continent plagued by suffering, and does not intend to copy the model and attempt to end any of their internal conflicts. Poverty, malnutrition, water insecurity and chronic diseases are threatening Africa’s communities. In addition, other issues like Boko Haram’s insurgency in northeastern Nigeria, ethnic violence in the divided Sudan, and Congo, Somalia, Mali and Algeria registered even more deaths from political violence in the year 2016. Recent reports say that Robert Mugabe, the 92 year old President of the failed state Zimbabwe will be in the race again to retain his presidential power. The UN and the US are concerned about the burgeoning issues across Africa but are unable to do carry out any action because of their focus on eradicating ISIS in the Middle East.

In Sri Lanka, the conflict between the majority of Singhalese and the minority Tamils and taking forward the new constitution of united Sri Lanka will be a burning domestic matter. The post-LTTE regime and the continuous presence of Sri Lanka’s military throughout war-torn regions makes the deprived minority people more vulnerable and poses a serious threat for their peaceful living. Further, the government’s concern to monitor and if needed thwart the regrouping of the LTTE would be understandable but the internal security matters should not endanger to its citizens. The crucial factor here would be an investigation by the UN body regarding the Human Rights violations, torture and unlawful killings during the final seven years of the war, and to apply pressure to the Sri Lankan government for further actions and a follow up. However, the resistance of Colombo in addition to the rivalry between India and China granted free bail to Sri Lanka in Indian Ocean security challenges.

At the Paris accord on Climate Change at the end of 2015 and the follow up in 2016 by the UN, the US sought a Chinese pledge. This was in order to give a chance to the citizens of the world and for the biggest polluters to guarantee change in the face of the real threat of global warming as well as the responsibility to save it. So far, “120 Parties have ratified of 197 Parties to the Convention” (unfcc.int) thus the Paris Agreement was fully supported and entered into force in 2016, received as a very positive message to all environmentalists, climate change scientists and anyone affected/worried about the consequences of pollution.

The deadlock of the WTO Doha Round talks means there will not be negotiations in 2016 due to the inability of the international community. This is not good news to the developing world, as this is the only rules based organisation which gives support to small states. The deadlock must be reversed to give an opportunity to every human being who have the right to live in this world equally. The failure of the WTO in boosting regional trade pacts would be a loss for developing nations. In 2016 the WTO was able to receive the required attention but will get the right consideration in 2017 if the Director General of the WTO, along with the new US administration, the EU, China, India, Russia, Brazil, South Africa and other major players collectively stand to provide a chance for future negotiations.

The second Iraq war, the repercussions of the ‘Arab Spring’ followed by civil war across North Africa and the Middle East has caused serious damage and disasters to humanity. The struggle to wipe out ISIS in Iraq and Syria fuelled the biggest refugee crisis the world has witnessed since World War II. The continuous clash between the US and Russia over Syria ceasefires and the battle for Mosul and Aleppo has devastated the country without any immediate redemption. Though the international community was concerned, the ego’s and power struggle between the US and Russia was the main reason behind the delay to bring all parties for ceasefire discussions.

The threat of nuclear weapons falling into the hands of deadly terrorist groups and proliferation of nuclear material within failing states is a serious issue which hurts everyone in the world. Last year alone, various tests were exercised by North Korea, and though its weapons capacity is contested the main point is that the tests were successful. North Korea is demonstrating its nuclear might with the protective shadow of China. No one is willing to address and/or challenge China’s influence, powers and relationships in the region. Why is this?

The pact with Iran surrounding nuclear material was a necessity as there was no alternatives that pursued the right direction. Which way this option proceeds lies in the hands of the new US president. Hopefully, Iran and its people will enjoy the outcome of the pact and it can be viewed as a positive message. With more investments predicted for Iran, the international community should keep a watchful eye on Iran incase these are viewed as funding opportunities to strengthen their nuclear option in the future. To counteract this, Iran should be guaranteed a security shield to protect them from another nuclear state or threat in their region.

US-Cuba relations

After imposing sanctions on Russia as punishment for the Crimea issue, tensions between the US and Russia have been renewed and registered at a new level. The US administration should not forget that pushing Russia towards the East is a big challenge in that it has the possibility of strengthening the relationship with China. Hacking the US election system, President Barak Obama’s reactions to expelling 34 Russian diplomats from the US, as well as Trump’s response are sending dangerous messages. Instead of retaliating, Russian President Vladimir Putin’s silence troubled every one. Which way the US will move and why remains to seen. The important aspect of this and the biggest worry would be the future and risks of cyber-security and the impact it can have on the international stage.

Silent issues are appearing quickly, particularly after the announcement of Trumps election win. His phone call with the Taiwanese President Tsai Ing-disturbed and shocked China. Trump’s olive branch towards Putin and open talks with Ing-wen will be a gateway to isolating China but also poses serious challenges to the new UN Secretary-General.

Ban Ki-Moon the Secretary-General of the UN is now completing his 10-year tenure. Now, the new Secretary-General Antonio Guterres has “pledged to make 2017 a year for peace.” He has experience in the UN as a High Commissioner for Refugees and as prime minister of Portugal. What the international media and diplomats have commented about the incoming secretary general are positive and widely endorse him as the right choice for this post. Let us hope that he will oversee all the important issues, give immediate attention to deadly issues and will work along with the international community to make a consensus in resolving conflicts and bring peace to this world with a stern hand.

International relations and its issues can not be limited or restricted. They are constantly changing and evolving, and the international community needs to be more resilient and adaptive in order to function at its highest capacity.

The UN has the institutional framework which, empowered by international law and the Geneva Conventions, can take the lead in finding solutions for any conflicts across the world. However, every IR scholar knows that without the backing of the US the UN’s stance would be powerless. Moreover, to carry forward the any proactive UN role the United States support can not be compromised. With unexpected events taking place in the US, president-elect Donald Trump would be the first leader in the history of US politics to be openly disliked by state leaders and his own citizens. With organised rallies, the appearance of posters stating ‘He is not my President’ and a number of debates across social media, serious questions are being about Trump’s presidency.

Though President Barak Obama was praised for his orator-ship, he could only impact minimum issues and some critics state he did not reach his expectations in the year 2016. However, his strong stance on non-intervention, withdrawal of the US military from the Middle East will stand strongly for him in the future. At the same time, the new president-elect of the US is already impacting the world stronger than ever. Russia is happy about the election results as Trump is batting for Russia. Would this mean that the new US policy will attempt to dismantle Russia-China relations? China is not happy about the new US president-elect. India has no opinion but there are expectations for closer ties with the US because of Prime Minister Modi and Trump’s shared policy disarray and inconstant personality traits.

The more international issues are in rise the intervention of the US president with rational act would be crucial for resolving conflicts. So far, Trump has not shown any maturity in his statements on global affairs. Contested statements in his name make the global stage more confusing and reduce his image as a trustworthy global leader.

Will the important global issues that remain unresolved or not a high priority in the year 2016 receive attention from the new US president in the New Year 2017? This has no immediate answer. The UN and the US are strongly expected to lead the way for useful solutions to the global problems. We have crossed the year 2016 with some achievements but not with great disappointments. Hence, we have hope that the international community will fight to save humanity from the natural and manmade disasters.

Antony Clement is a Senior Editor (Asia-Pacific), Modern Diplomacy an online journal. He is a researcher in Indian Foreign Policy. He consults on academic development and he is currently working on two books - “Discover your Talents” and “Diplomacy in Tough Times”. His research centres on India’s diplomacy & foreign policy and extends to domestic politics, economic policy, security issues, and international security matters, including India’s relations with the US, the BRICS nations, the EU and Australia.

Continue Reading
Comments

International Law

Human Trafficking in South Asia: Combating Crimes against Women

Dr. Nafees Ahmad

Published

on

Human trafficking is a lucrative crime with instant results, an offence of grave circumvention of human existentialism and a slap on the global security wall. While confronting human trafficking still remains an unfulfilled obligation of the international community as it is a global problem. However, SAARC has also committed to stamping it out while realizing its causes such as rampant poverty, inaccessible healthcare, gender discrimination, class conflicts, and minority injustices. South Asia is a region that is encountered with challenges of human rights such as prevention of human trafficking in women and children for prostitution, devising legal protection for children and evolving mechanism for combating terrorism. In South Asia, human rights discourse has become more intense in the wake of external castigation of its human rights record. Indeed, many Western governments and human rights watchdog institutions perceive South Asia as a reservoir of multi-dimensional discrimination in every walk of life. SAARC governments are mired in human rights transgressions contrary to their constitutional vision, mandate, and the rule of law, democracy, and good governance. South Asian consciousness against corruption, respect for governance institutions, human dignity, and probity in public and private life have been depleting at a pace that has not been experienced before.

Norberto Bobbio—an Italian philosopher—rightly expressed that the supremacy of human rights in present political and legal discourse as a revolutionary upsetting of the primordial practices in ruminating the primary task of moral philosophy to evolve in the designing of a compendium of duties instead of rights. From Two Tablets of Moses to Cicero’ De officiis including Immanuel Kant’s Sittenlehre which was construed as an edifice of duties raising the question in Kant’s second Critique is not “What are my rights?” but it posed “What should I do?” Therefore, the human rights situations of SAARC region cannot be assessed in total disregard of its historical and regional circumstances, nor can it be analyzed as per the preconceived model, tradition or standard of another region. Therefore, people of South Asia derived their viewpoints on human rights issues from their historical circumstances and practical experiences and formulated relevant policies and laws. However, Article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000):

“Trafficking in Persons’ shall mean the recruitment, transportation, transfer, harbouring and receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

In this context, it is everyday human rights issues that determine the directions in which people are capable of living their lives in South Asia and elsewhere, they are of tremendous significance not only to all of us as individuals but also to us as members of South Asian society. Therefore, everyday human rights issues should be central to our collective social memory and practice just like certain international and domestic human rights events, victories, abuses and personages. The challenge, however, lies in trying to make these everyday issues attractive and newsworthy enough to capture people’s attention. What role can media play in illuminating these everyday human rights issues? Let’s try critically to analyze the questions arising out of the “SAARC Convention on Combating and Prevention of Trafficking in Women and Children for Prostitution”, the strengthening and enforcing of SAARC Convention on Promotion of the Child Welfare in South Asia and SAARC Regional Convention on Suppression of Terrorism in the light of on-going conceptual deliberations.

Human trafficking comes with a modern visage that derives its contours from antiquity and known as modern day slavery. Human trafficking is resorted by employing fraud, force, and coercion for prostitution, debt bondage, forced labour. Age and gender barriers are irrelevant in human trafficking as it is evident from the trafficked women of all ages, men, young children and teenagers. However, human trafficking is a global issue that has been affecting Global North and Global South countries alike and attained the proportions of organized crime. Human trafficking in women and children for prostitution has become a global trend and an offense that has been mushrooming and affecting almost every nook and corner of the world both as sources of passage or destination country. As per the UNODC (United Nations Office on Drugs and Crimes), victims from at least 127 countries have been recognized, and it is projected that a criminal is exploiting more than 2.4 million people at any given time. The ILO expects that there are 2.4 billion people in the world at any given time involved in forced labour and subjected to exploitation due to human trafficking. Around 800,000 women and children are trafficked every year across international borders out of which 80% are ending in forced prostitution. This projection does not include those trafficked within their own countries or missing children. Human trafficking in women and children for prostitution is a grave violation of human rights and has been regarded as a modern form of slavery. The United Nations projects that the trafficking of women and children for forced prostitution in Asia has victimized more than 30 million people. According to the OECD Reports, the human trafficking industry ranks among the top three highest grossing illegal criminal industries along with illicit drugs and arms. The study shows that over 160 countries across the world are known to be affected by human trafficking. It means that human trafficking is a terrible global reality and statistics adumbrated above would bleed the heart of every right-thinking person.

Thus, human trafficking poses an extreme threat to human rights and human dignity of considerable people in various parts of the world. It stays one of the least understood forms of transnational crime, with significant gaps existing in both the data on the incidence as well as differences in the ability of lawmakers to appropriately address the problem in their respective countries. Human trafficking is a life-threatening violation of human rights because of the involuntary manner in which trafficked victims are entrapped, transported, recruited and subsequently subjected to abuses and exploitation. The UN Office on Drugs and Crime, Regional Office for South Asia, (UNODC-ROSA) and the UN Women, South Asia signed a Memorandum of Understanding under which they committed to strengthening the present levels of cooperation in dealing with the organized crime of human trafficking in the eight SAARC countries. According to Article 1 of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, 2002 “trafficking” denotes that the:

“moving, selling or buying women and children for prostitution within and outside a country for monetary or other considerations with or without the consent of the person subjected to trafficking.”

Unfortunately, there is no universal definition of trafficking, and the SAARC domestic laws even now lack a shared understanding of trafficking. Although India has a specific law on trafficking, but it does not define trafficking; it represents “prostitution” to have the usual attributes of trafficking for sexual exploitation. However, to determine the efficacy of criminal justice systems in South Asia and their effectiveness in addressing trafficking, it is essential to compare the standards in South Asia to the UNTOC standards as embodied in the Trafficking Protocol. The Protocol is reasonably comprehensive regarding looking at a variety of strategies to combat cross-border trafficking. Therefore, these gaps have raised several questions which have to be attended such as:

How to identify the administrative weaknesses in the enforcement system of anti-trafficking mechanism on a comparatively footing in South Asia?

Why there is a low number of arrest, prosecutions, and convictions for human trafficking in SAARC jurisdictions?

What are the reasons for insignificant legal integration of human rights, gender and child rights in domestic anti-trafficking laws and policies in SAARC countries?

What is the threshold of repressive state protection, prevention efforts in trafficking prone areas in SAARC jurisdictions?

Human trafficking encompasses recruitment, transfer, transportation, harbouring of persons through the use of duress, force, fraud, or coercion for exploitation. Economic inequalities, social disparities, and politico-cultural conflicts have led to the human mobility within all SAARC jurisdictions and across the borders in South Asia. Globalization has encouraged free movement of capital, technology transfer, expert exchanges, and sex service tours. Socioeconomic dependency, gender disparity, Illiteracy, cultural stereotypes, violence, social stigmatization, and endemic poverty inter-aliasociological deprivation of women and children in power-sharing, non-negotiable situations that have pandered to the emergence and mushrooming of the commodious problem of women trafficking in the entire SAARC region. This alarming spread of sex trafficking has fuelled the spread of HIV infection in South Asia, posing a unique and severe threat to community health, poverty alleviation and other crucial aspects of human development. Although the SAARC Convention on Trafficking in Women and Children has been a significant breakthrough, most of the SAARC countries do not have anti-trafficking legislation or means to protect the victims. Therefore, SAARC countries must make a concerted effort to treat women trafficking victims as “victims” of human rights transgressions in all their anti-trafficking policies and practices.

Abolition of women trafficking is inescapably a long-term process that involves a catena of causes like poverty, education, gender inequality, minority rights, and healthcare along with dismantling the actions of criminal syndicates. By its very nature, women trafficking for prostitution are a surreptitious crime for which adequate and comparable statistical data is rarely available. As of January 2017, 170 nation-states have ratified the Additional Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children to the UN Convention against Transnational Organized Crime which was adopted in 2000 (also known as Palermo Protocol) and India has even ratified it. The Palermo Protocol was the first international legally binding instrument with an agreed definition of human trafficking. However, there is an urgent necessity for greater collaboration between security agencies of South Asian countries to protect the victims. The key challenges to human trafficking in South Asia are porous borders, growing trade links, incoherent approach, lingual hurdles and time-consuming process of identification, verification, coordination, and implementation. Thus, it highlights the need for greater collaboration and assistance to rehabilitate and rescue victims of trafficking. At the same time, the UNODC South Asia must assist SAARC countries to develop comprehensive and sustainable responses to trafficking in persons. Such interventions include the prosecution of perpetrators, protection, and assistance of victims and, most importantly, prevention measures. SAARC jurisdictions countries have to have a unified and integrated action against human trafficking in the spirit of shared responsibility.

Continue Reading

International Law

Environmental Governance and Human Rights: The Role of The Civil Society And Challenges in India

Published

on

The Indian judiciary is often credited for developing environmental jurisprudence in India. The Indian courts have devised and put to use a unique method of imparting environmental justice-doing away with the principle of locus standi and devising Public Interest Litigations (PILs) instead. Moreover, environmental governance largely rests in the hands of the government, the Ministry of Environment, Forest and Climate Change (MoEFCC) being the nodal agency in the administrative structure of the Central Government for the planning, promotion, co-ordination and overseeing the implementation of India’s environmental and forestry policies and programmes. However, active participation of the local communities, farmers, students, environmental activists, academicians, lawyers, NGOs and members of Civil Society in galvanizing the government machinery for establishing and implementing norms related to the environment as well as in mobilizing the masses for environmental causes must not be overlooked.  While the top-down approach followed by the Judiciary in recognizing and enforcing environment principles is often appreciated, the bottom-up approach adopted by the civil society to strive for environmental justice also deserves mention.

Civil Society and Environmental Governance-An Interface

Although there is no clear-cut definition of civil society, it is mostly understood in contrast to the state. Cohen defines civil society as “we understand “civil society” as a domain of social exchange between economy and state, comprised above all of the close area (especially the family), the sphere of associations (especially voluntary groups), social movements, and forms of public communication. Modern civil society is created through forms of self-constitution and self-mobilization. It is institutionalized and generalized though laws, and especially subjective rights, that stabilize social differentiation. While the self-creative and institutionalized dimensions can exist separately, in the long term both independent action and institutionalization is necessary for the reproduction of civil society.”The American writer Jeremy Rifkin calls civil society “our last, best hope’’; New Labour politicians in the UK see it as central to a new “project” that will hold society together against the onrush of globalizing markets, the United Nations; the United Nations and the World Bank see it as one of the keys to “good governance” and poverty-reducing growth. The membership of the civil society is quite diverse, ranging from individuals to faith-based and educational institutions to pressure groups such as NGOs or not-for-profit organizations.

Governance is often described as a new form of regulation that differs from traditional hierarchical state activity (‘government’). Generally, ‘governance’ implies notions of self-regulation by societal actors, of private-public cooperation in the resolving of societal issues and new forms of multilayered policy. Environmental Governance is defined as the process that links and harmonizes policies, institutions, procedures, tools and information to allow participants (public and private sector, NGOs, local communities) to manage conflicts, seek points of consensus, make fundamental decisions, and be accountable for their actions. In the context of Global Environment Governance, Gemmmill and Bamidele-Izu have identified the following five major roles which civil society might play in global environmental governance: (1) collecting, disseminating, and analyzing information; (2) providing input to agenda-setting and policy development processes; (3) performing operational functions; (4) assessing environmental conditions and monitoring compliance with environmental agreements; and (5) advocating ecological justice. The increasing role of civil society in global environmental diplomacy is often explained with two arguments: 1) Civil society representatives provide valuable information and expertise to governments and thus help them reach “better,” that is, more effective, agreements. This information provision role becomes particularly important when governments face budgetary constraints. 2) They provide legitimacy to intergovernmental negotiations and thus mitigate the “democratic deficit” in global policy making, which takes place far away from domestic political arenas and the national demos.

Environmental Movements in India and Role of Civil Society

The environmental movement is a type of “social mobility that involves a group of individuals and alliances that perceive a common interest in environmental protection and act to bring about new changes in environmental policies and practices.”In India, these movements emerged as a response to the environmental challenges arising due to the developmental policies espoused by governments. The Chipko Movement or the Chipko Andolan was perhaps one of the first ecological movements which saw the participation of marginalized and tribal communities in forest conservation. Starting as Forest Satyagraha in the 1930s in Uttar Pradesh (now Uttarakhand), the movement has spread too many other States in India like Himachal Pradesh, Rajasthan, and Karnataka by 1980s.  The upsurge of similar environmental movements, demanding that forest ownership and management must revert from state to communal hands and that local communities should be actively involved in afforestation programs brought significant changes in government’s policy about forest management. A large number of non-governmental organizations (NGOs) ably assisted the environmental movements in their efforts: the directory of environmental NGOs in India published in 1989 lists 879 large and small NGOs spread throughout the country of which half were involved with forest-related issues.

The success of this collaborative struggle was reflected in India’s National Forest Policy of 1988 and the Circular on Joint Forest Management of 1990. In revising its national forest policy in 1988, the Indian government for the first time declared that forests were not only to be commercially exploited but must also contribute to soil conservation, environ mental protection, and the survival needs of the local population. Another significant environmental movement in the history of modern India is the movement against the Silent Valley Project. The Silent Valley is a stretch of Tropical Evergreen Forest in Pallakad district of Kerala.   The Movement was launched against the decision of the State government to build a hydroelectric dam across the Kunthipuzha River that runs through the Silent Valley. However, because of the strong opposition from NGOs, conservationists, academicians and eminent writers, corporate and political leaders along with the media, Silent valley was declared a protected area in 1981 and the Project was called off in 1983.

The Save the Narmada Movement (Narmada Bachao Andolan, NBA) is the people’s movement launched against the construction of huge dams on the river Narmada. NBA is a non-governmental organization (NGO) that mobilized tribal people, adivasis, farmers, environmentalists and human rights activists against the Sardar Sarovar Dam being build across the Narmada River, Gujarat. Their campaign led to the establishment of a Bank commission in 1991 to independently review the project, which ultimately recommended the World Bank’s withdrawal. One of the most important features of these environmental movements in India has been the active involvement and participation of local voluntary organizations or Non-Governmental Organizations (NGOs). For example, Dasholi Gram Swarajya Mandal (DGSM),a cooperative organization started by Chandi Prasad Bhatt actively participated in the Chipko Movement along with activist Sunder Lal Bahguna. Inspired by Gandhian principles of Non-violence and the idea of Sarvodaya (self-determination), the cooperation educated the village-community and mobilized them against the logging of trees.

Similarly, the Kerala Sastra Sahitya Parishad (KSSP) started the agitation against the Silent Valley Project. KSSP, a People’s Science Movement (PSM) founded in 1962 from Kerala published a socio-political report on the ecological, economic, and social impacts of the hydro-electric project proposed in the Silent Valley. The Movement also saw the participation of eminent poets and writers, who educated the masses about the significance of the valley through stories, poems, dramas, speeches, and articles. Poet-activist Sugathakumari’s poetry “Marathinu Stuthi” (Ode to a Tree) became the opening song/prayer of most of the “save the Silent Valley” campaign meetings. The KSSP also worked for the energy needs of the State and developed environmental- friendly alternatives such as smokeless chulhas and irrigation using ground water to the optimum extent. The alternatives suggested by the organization were widely adopted or practiced that the UNESCO conferred its Right to Livelihood Award on KSSP and the UNEP included it in its `Roll of Honour. The protest groups formed in all three affected states of Gujarat, Maharashtra and Madhya Pradesh and included or were supported by persons facing displacement, students, social activists, Indian environmental NGOs, international NGOs, and transnational networks. The support groups of Narmada Bachao Andolan mainly of activist groups and registered NGOs mainly classified into three main groups- those with interest in human rights, the environment, and alternative development.

Environmental Human Rights and Environmental Justice: The Legal Strategies and the Role of Civil Society

India owes its environmental activism mostly to Public Interest Litigations (PIL) developed by Justice P.N. Bhagwati and Justice Krishna Iyer, two Supreme Court judges in the 1980s. The Supreme Court of India declared that “where a wrong against community interest is done, the principle of locus standi will not always be a pre-requisite to draw the attention of judiciary against a public body for their failure in discharging constitutional duties.” By taking on board the citizens’ concern about an inactive or indifferent legislature and executive, the Supreme Court has created space for the civil society groups to engage as active participants in the scheme for protecting the environment and ensuring an individual right to a healthy environment. As a result, in some cases, civil society groups have put forward different views on development activities such as the socio-cultural and environmental impact of development policy in the environmental decision-making process. Moreover, by allowing the third party to file cases related to the environment, the court has given voice to the inanimate objects, like forests and rivers, which cannot represent themselves in courts.

However, the role played by concerned citizens and NGOs in filing these PILs is essential. A number of these cases, beginning with the Dehradun Lime Stone Quarrying case (1989 AIR 594) followed by the Tehri Dam case (AIR 2008 MP 142),Bichhri Village Industrial Pollution case, (Writ Petition No. 967/1989)Vellore Leather Industry Pollution case, (AIR1996SC2715) Sariska Wildlife Sanctuary case (1993 SCR (3) 21) and T.N. Godavarman case ((1996) 9 S.C.R. 982) came to court’s attention through Public Interest Litigations and were filed by either Non-Governmental Organisations (NGOs)or concerned citizen/environmental activists on behalf of other persons or groups or public. Several environmental activists like MC Mehta have filed PILs in Supreme Court of India to protect the environment. The lawyer cum environmental-activist, single-handedly, has filed petitions in the courts to protect the environment. Landmark environmental cases filed by him include the Taj Mahal case, ((1997)2 SCC 353) Ganges Pollution case (1988 AIR 1115), Vehicular Pollution case (AIR 1999 SC 301),Oleum Gas Leak Case(1987 SCR (1) 819), Kamal Nath Case ((1997)1 SCC 388) and many other such cases.

The Supreme Court Case Reports show that that out of 104 environmental cases from 1980-2000 in the Supreme Court of India, 54 cases were filed by persons who were not directly the aggrieved parties and 28 cases were filed by the NGOs on behalf of the affected parties. What makes these cases interesting is that in most of them, the Supreme Court has read environmental rights into basic fundamental rights (especially Article 21) guaranteed under the Constitution, thus making them a bedrock of environmental jurisprudence in India. The Supreme Court has also taught various environmental principles like Sustainable Development, Polluter’s Pay Principle, Precautionary Principle, Public Trust Doctrine and Principle of Absolute Liability into these cases, and thus, within environmental jurisprudence.

Environmental Governance Challenges: The Road Ahead

Indian Courts, while deciding upon an environmental issue, are often confronted with the problem of striking a balance between development needs of India and protection of the environment. For example, in Rural Litigation & Entitlement Kendra, Dehradun v. The State of Uttar Pradesh(AIR 1985 SC 652), the Supreme Court, was informed about the developmental needs of the region that the closure of the mining operations would result in and the subsequent loss of jobs by the workers. The Court took the position that its action would undoubtedly cause hardships to them, but argues that it was the price that had to be paid for protecting and safeguarding the rights of the people to live in the healthy environment with minimal disturbance of the ecological balance and with avoidable hazard to them and their cattle, homes and agricultural land. The case is the classic example of the dilemma faced by the courts in resolving the debate between development and environment.

However, the problem faced in the enforcement of the decisions of the courts is more acute. In many respects, the Indian government machinery has failed to adequately enforce the existing environmental laws and the decisions of the court. Although there are many causes for this failure, the primary reason is corruption. While the judiciary has acted as the savior of environmental rights in India, the implementation of these rights has been highly problematic. Corruption exists at all levels of governments in India and its impact on the environment is profound, and amount to a clear violation of Article 21 of the Indian Constitution. One of the other reasons why executive has not been able to enforce environmental laws and decisions effectively is the inefficiency of the administrative bodies concerned with the implementation of these laws.  Since environmental concerns came into existence under the pressure of environmentalists and NGOs in India, therefore, one finds a piecemeal approach rather than an integrated approach at the planning level. Vyas and Reddy point out the problems in environmental governance in India, i.e. lack of coordination between various departments concerned with environmental issues. He notices that the functioning of various departments does not reflect the concern of the policy-makers towards environment since most of these departments are ineffective in implementing the environmental policies due to the limited powers are given to them.

Moreover, they do not have resources to assess the extent of environmental degradation scientifically. This lack of coordination seriously affects the implementation of laws and policies related to the environment. Another concern in this regard is the role played by the masses in implementation of the court’s orders. For example, in the Delhi Vehicular Pollution Case, the role of civil society, especially citizens, is criticized. In this case, despite Court’s pivotal role, lack of public participation was responsible to some extent for slow progress in cleaning up of Delhi air. To make the policies effective the available human resources capacity need to be augmented to address the environmental issues.

Long before the courts in India started delivering landmark judgments for protecting the environment, the civil society has generated enough environmental consciousness amongst the people to stand against any major destruction of the ecosystem they thrive on. Various social cum environmental movements spread along the country made it evident that people at the grass root, who are directly affected by the developmental policies persuaded religiously by the governments, will not surrender their cultural and social rights easily. These subaltern movements saw unprecedented participation and support of people from all walks of society; villagers, women, academicians, lawyers, students, activists, politicians, and NGOs. The environmental consciousness generated by and in the civil society as a result of these movements later found expression in the form of Public Interest Litigations. PILs became a tool in the hands of environmental crusaders and activists to persuade the government to uphold the rights of the citizens. However, the road for achieving environmental justice in India is fraught with challenges. The courts are often faced with the dilemma of choosing between development and environment, and the decisions are often not implemented in the way courts have meant them to be implemented. The reason is the lack of efficient machinery and widespread corruption.

Continue Reading

International Law

70 Years On: UN Declaration on Human Rights from the lens of Victimology

Published

on

Michelle Bachelet, United Nations High Commissioner for Human Rights

Authors: Srimal Fernando and Vipin Vijay Nair*

The Universal Declaration of Human Rights (UDHR) adoption by the General Assembly of the United Nations (GAUN) 70 years ago, nonetheless, is more relevant to the future and today’s society.  Everyone is entitled to all the rights and freedom set forth in this landmark declaration requires major attention. However, these defining characteristics of the UDHR constitute not only its strength, but also its weaknesses.  This important milestone in the UN history is a testament to the commitment of the UN to global rules and values. On this important occasion of the 70th anniversary of UDHR her press statement on 9th December, UN High Commissioner for Human Rights Michelle Bachelet said, “the document has gone from being an “aspirational treatise” to a set of standards that has “permeated virtually every area of international law”.

The most meaningful words of   UN High Commissioner on the notion of human rights resonates in today’s discourse. In the recent past conflicts, migration related issues, racial  polarization  and  inequalities   have  played   a large  role   in breakdown of societies.  Given the uncertainties, the numbers of people victimized due to hate crimes are unquestionably high. The distrust of reason is perhaps one of the most important traits of such issues. In fact, one could argue that victimology, as a subject doesn’t immediately spring to the mind over these issues or as a problem-solving method. There is no doubt of Victimology as a branch of criminal justice studies has been responsible for the expanding knowledge focusing on the victims of crimes. Perhaps in order to understand the dynamics of victimization, Victimologists offers a more realistic picture about   Victimology as a domain of social science. Hence the introduction of victimology   was major step forward in strengthening the fundamental principals of the Universal Declaration.

Looking at some characteristics of victimology narratives within the judicial proceedings requires alternative   behavioral and forensic science methods to investigate the causes, is a part of a larger study of the victimology specialty. Therefore, the element Forensic victimology, a sub-division of victimology reinforces and is closely linked to criminal justice studies.  In this context Forensic victimology analyses victim’s lifestyle and circumstances, the events leading up to their injury, and looks into the precise nature of any harm or loss that he or she had suffered.

While some nations looked for new laws to prohibit hate crime against individuals or groups, others sought the answers in solving this pertaining issuing relating to victimology using home grown methods. Various intervention strategies have been implemented in the recent past. There are various laws, declaration, codified rules and regulation that prevent individual under the international law, but these are working towards penalizing the wrong-doer and not focusing on the overall aspect and perspective of the crime. In the global context, laws that prohibit any type of hate crime against an individual or groups were partially fruitful.  Very few countries in European Union, North and South America have focused on implementing laws against hate crime.   However, 45 states in America expanded   this law and was major step forward.  Unquestionably, the most renowned organizations in the world such as United Nations High Commissioner for Refugees (UNHCR), International Criminal Court (ICC), The World Society of Victimology (WSV) holding consultative status with UN and Council of Europe, International Criminal Justice Institutes and other   related agencies have been playing a realistic role intervening in furthering of victimology subject. International consensus is growing on human rights and freedom’s discourses that is designed to look beyond the victim stereotype and improves the policies relating to the prevention of crimes as well as to look into the victim themselves.

*Vipin Vijay Nair is Doctoral Research Scholar at Jindal Institute of Behavioral Sciences (JIBS) and a Research Fellow at Jindal Global Law School (JGLS)

Continue Reading

Latest

Newsdesk1 hour ago

World Bank Group Announces $50 billion over Five Years for Climate Adaptation and Resilience

The World Bank Group today launched its Action Plan on Climate Change Adaptation and Resilience. Under the plan, the World...

Style3 hours ago

SIHH: Master Ultra Thin Tourbillon Enamel

The new Master Ultra Thin Tourbillon Enamel features a new tourbillon movement and a new-look date counter. They form a...

South Asia5 hours ago

Pakistan Securing Its Maritime Interest and CPEC

The IOR is a major sea route that unites the Middle East, Africa, and East Asia with Europe and America....

Newsdesk7 hours ago

Making Globalization Work: Climate, Inclusiveness and International Governance Top Agenda of the WEF 2019

The World Economic Forum Annual Meeting 2019 will take place on 22-25 January in Davos-Klosters, Switzerland. The meeting brings together...

Americas9 hours ago

How Has the Purpose(s) of American Higher Education Changed Over Time, and Why?

Initially, universities and colleges have been founded on three central promises such as (a) teaching, (b) public services, and (c)...

Reports11 hours ago

Corporate tax remains a key revenue source, despite falling rates worldwide

Taxes paid by companies remain a key source of government revenues, especially in developing countries, despite the worldwide trend of...

Africa13 hours ago

The Endless Debate about Russia’s Policy in Africa

Early March 2018, Foreign Affairs Minister Sergey Lavrov said in an interview with Hommes d’Afrique magazine that “our African friends...

Trending

Copyright © 2018 Modern Diplomacy