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International Law

The lessons of ‘Non-discrimination’ from pandemic COVID-19

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The unprecedented outbreak of novel coronavirus COVID-19 has stretched the frontier of human capacity to combat an emergency situation. Before the emergence of this virus, we had not often been forced to face the fact that human beings are hostages to nature. The present world has witnessed many classifications of human beings. This classification was done on the basis of wealth, human resources, technology, atomic energy, even on the basis of culture, and so on. Moreover, the terms ‘developed society’, ‘developing society’, ‘least developed society’, and ‘underdeveloped society’ crystalize this classification. But this lethal COVID-19virus, infecting indiscriminately, reminds us of the principle of equality. It infects people from all classes (!), people from all countries regardless of their status, health, wealth. However, it teaches us many things. It has given the environment a considerable pause from human intervention. It has stopped some cruel wars existing in the world. It teaches us the cleanness of body and mind. It sets some people to pray to their God. It makes us understand that there are things which human beings can’t grasp because of their superficial knowledge, or their health, or their fame, or their pride, or their wealth. The most important lesson of COVID-19 we have found is that it does not discriminate while it infects people. It does not discriminate between a president and a beggar, between rich and poor, between a servant and a boss, between an inmate and a free person, between an asylum seeker or migrant and a national, between a stateless person and a citizen of a country. It has infected us going beyond the so-called classifications of the modern world. So, it can confidently be said that this virus keeps us all busy with the measures of protection from this virus. It does not know who are migrants, or refugees or stateless persons. Governments have also been very busy developing precautionary measures and with the treatment of infected citizens – but each is more concerned about the health of their citizens – those who have the nationality of their country.

Questions arise – for example, do we all get equal treatment from the government in response to this invisible virus regardless of our nationality and our present status? The answer seems to be ‘NO’. Amongst others, we would like to highlight the situation of migrant workers, asylum seekers, refugees, and stateless persons; the most vulnerable groups of people who lack equal treatment from the governments of the countries where they have been living amid the COVID-19.Let us have a look at the scenario of the miseries of these people during this crisis. The outbreak of COVID-19 abruptly halted the movement of people all over the world. People are required to stay at home and to maintain social distance. This outbreak and the requirements of precautionary measures have emerged as an extra health threat to migrants who work abroad to keep their families well and also, to asylum seekers. These people play a crucial role both in the economy of the countries they live andin their countries of origin too. They promote trade and investment and bring innovation, skills, and knowledge to their countries of origin and destination. But amid this crisis, migrants especially those who lack legal status or who work on a temporary basis face obstacles in many cases like housing, food, water, sanitation, obstacles to access to health care programs and other services. Frequently, they have to live in overcrowded, unhygienic conditions. They along with others are often denied an adequate standard living by the countries of destination because of their legal status, and often also some regulatory and practical barriers. While the authorities make demands of the people to practice good personal hygiene migrants workers often have no other option but to live in overcrowded places not permitting social distancing which may increase their contact with the disease.

Migrants workers especially who are from the least developing countries have been passing hard times usually having no work and no supplementary budget from the governments. We have seen in places like Saudi Arabia, Qatar, Kuwait governments have introduced policies to move migrant workers to camps or to detention centres, or to remote islands. But it is often seen that these camps, detention centres and islands are not suitable enough to accommodate the huge number of people.  This means these workers have to live in crowded places where there is no access to proper water, sanitation, enough space to breathe even. The same policy has also been adopted by countries like Bosnia, France, Greece, Libya for asylum seekers. It is also to be noted too that countries like Sweden, the Netherlands, and Belgium have suspended administrative services for migrants and asylum seekers. Let us acknowledge the contribution of migrant workers (legal & who lack legality) in the national economy and health sector of the countries of destination during this pandemic. A study of Migrant Policy Institute shows that around 6 million migrants which is 19% of the total U.S. front line workers, work in industries vital to the pandemic response like health care, grocery stores, pharmaceuticals, manufacturing, agriculture, forestry, fishing, and hunting. This statistic helps us infer the contribution of migrant workers in their countries of destination. Accordingly, they should not be denied a reasonable standard of living by the governments of the countries where they live during this crisis. They should be included in any support provided by the governments to their citizens during the pandemic COVID-19.Further, to overcome this unprecedented crisis, migrant workers should not be left behind but should be included in any of any measures taken by governments. Christine Cipolla; an ICRC’s regional director for Asia and the Pacific also said “Governments in the region should do more for the migrants. It is in their best interest. It saves lives, it protects society as a whole”.

In this context, stateless people and internally displaced people are also in extremely vulnerable positions. They face disproportionate risk in relation to this invisible lethal virus as they often live in a very overcrowded conditions. They frequently  live in unhygienic camps, often in tents where it is next to impossible to follow the directions of WHO given as precautionary measures to combat the pandemic. These people are often denied access to proper health care, safety net programs, and other social welfare services taken by governments.“If COVID-19 arrives in the camps it will be devastating”- says UNCHR. We cannot deny this warning and this is the same picture of all refugee camps in the world. We must keep in mind that these people did not take the term ‘stateless person’ by themselves. It is “WE” who forced them to be stateless, to be refugees. Diverse political opinions, ideological conflict, wars, racial discrimination, religious persecution are things that drove these people to be Rohingya refugees, Syrian refugees, Venezuelan refugees, etc. It is unfortunate to see that many countries have adopted measures to combat the situation leaving behind this large number of people. While this virus shows us the principle of non-discrimination we have been doing discriminatory treatment excluding these people from the national health care system. However, there is news that some countries have been doing well in providing facilities to these people. We should applaud these countries which host these large numbers of people and have been doing their best to provide multi-sectoral responses to mitigate risk.It is pertinent to mention here that the majority of the world’s 25.9 million refugees and 41.3 million internally displaced persons are living in developing countries. So, it can confidently be assumed that these countries like Bangladesh, Lebanon, Syria, Kenya- with their limited resources – will face considerable hurdles to provide adequate support to these large numbers of people.

We must remember that the unqualified words ‘HUMAN BEING’ brings with that phrase the entitlement to human rights; as each person was born as a human being. These fundamental rights are the same in nature in all regions and in jurisdictions. These rights cannot be denied by any country in any situation just because of even by the justification of the crisis brought about by this virus. As the pandemic poses a global threat to humanity more than ever, the world should face the situation collectively irrespective of the status of people. And the world’s financial institutions and other multinational companies should come forward to help governments play a vital role in this crisis. In 2015, the UN with the presence of world leaders adopted SDGs to create a better world by 2030. The motto of this agenda is “leaving no one behind”. This echoes the vision of an inclusive society where everyone irrespective of their status will be included in the process of development. It does not discriminate against migrant workers, or refugees, to stateless persons, or internally displaced persons. So, in the year 2020, we should not forget our responsibility to work for an inclusive world where no one will be discriminated against on the basis of status, race, and country of their origin.

Let us have a look at some universal principles of non-discrimination. Article 2 of the UDHR provides that no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. In Article 25, it also protects the right to health for all people under all circumstances. We should not forget that the United Nations was established, amongst other reasons, with the purpose to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.

The constitution of the World Health Organization recognizes the enjoyment of the highest attainable standard of health; one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. Article 3, 33 of the UN Convention Relating to the status of refugees, 1951 also establishes the principle of equality and non-expulsion while the host countries deal with the refugees. One of the core Human Rights conventions, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CRMW), 1990 also sets minimum standards for migrant workers and members of their families. Considering these provisions, we must admit that the right of these people under international law and comity have received great attention and the same must be protected by the countries of reception. To respect the principle of non-discrimination, countries are to guarantee that the human rights of these people are to be exercised without discrimination of any kind based on their sex, race, political opinion, country of origin, status, and so on. Therefore, they should not be left out of mainstream services provided by countries to their citizens. This disease can only be controlled if there is an inclusive approach, truly leaving no one behind.

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International Law

Transition of Balance of Power from Unipolar to Multipolar World Order

Fatima Arif

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The international system may be described as a complex system of social, scientific, political, military and technological systems. This dynamic structure is very difficult to evaluate and it is even more difficult to predict its future.

The distribution of power potential in the international system defines the number of major powers and thus the international system’s polarity. The system would be multi-polar if the great powers are more than two; if they are two it would be bipolar and systems with only one great power are called unipolar.

It can be expected in the future multipolar world that the global economy does not settle with a couple of significant nations but rather with multiple nations of varying capabilities. In the limited arena of affairs pertaining to their country, each state with its particular notable qualities will have decisive say. Beyond the US, Japan, China, the EU, and India are capable of economic influence due to their advancements in technology, increasing economy, and large population base. Iran, Saudi Arabia, Venezuela, African Union countries and Brazil will have an impact, owing to their large energy reserves. Russia should have preferences for both. Because of their geostrategic location such as Pakistan, Central Asia, Ukraine and Turkey, a few nations will have some regional influence because these nations are situated on the energy routes from which energy resources would be on route to other parts of the world.

United States and the Changing World Order

There is a broad bipartisan consensus within US political leadership that the country must remain a global leader / world leading power. This assumption in its re-eminence also comes with the fundamental underpinnings that the United States will lead the world to freedom and liberty. Its third term is resolve to contain China.

It’s troubling to what extent the US continues to pursue China’s containment. The’ democracy alliance’ or the’ pivot to Asia’ are examples of US designs. China too, because of its part, diverted from the usual cautious approach and its proclaimed strategy of’ peaceful progression’ to an unambiguous stance on the South China Sea. Right now, however, the condition does not appear to come to a head-on collision anytime far. Yet the contest could bring a serious and dangerous situation to the fore. The US is not going to communicate directly with its forces on the field. There is a lot of resistance for another war at home. This doesn’t mean the US is ineffective. What we have is a hegemon with a diminishing power and a reluctance to give up his position of leadership. At the other hand, there is no other country capable of replacing it while they frequently seek to question its authority. Chinese occasional deviation from caution, and reluctance on the part of the US to yield, build a dangerous situation.

Decline of the Unipolar System

The U.S. has been the only hegemony since the end of the Cold War, but since the economic crisis of 2008 its world hegemony has been undermined. The gap in power between China and the US is diminishing. In 2011, China’s GDP contributed for around half of the US GDP. If China’s GDP continues to rise at 8.5 per cent and US GDP increases at less than 3.8 per cent, the current gap between the two forces will level out in the decade to come. Meanwhile, the economic gap between these two nations and the other major powers will continue to expand over the next ten years. In the next five years, only the US and China will spend more than $100 billion annually on defense, growing the difference in power between them and the others. Accordingly, the international structure would not be unipolar.

International Players That Can Change the International World Order In 21st Century (Analytical Approach)

Bipolar global structure collapsed by the end of the Cold War. The United States has become the sole superpower and as expressed in the new industrial order of defense, the international structure has become unipolar. The major powers of the global community are China, Russia, Japan and the E.U. Whether the international system can turn into a bipolar or multipolar system depends on developments in many countries and regions in technological, political, economic, and military terms. China, Russia, Japan, the EU and India have the power to change their international structure. In the last twenty-five years, China’s capacities have steadily increased in magnitudes that significantly restructure the international order. Economic prosperity for China goes hand in hand with the advancement of science and technology. It is developing expensive weapons systems that are increasingly capable compared to developed countries ‘ most advanced weapons systems. Another important determinant of the future of the international community is the relative dominance of the U.S. in science, technical, economic and military capacities compared to other major powers.

Conclusion

The position of emerging states, which influence the range and change of the international system, is very difficult to comprehend. The general outlines of what is happening with this phenomenon are becoming more evident, as transition happens under intense internal dynamic conditions and not from external factors. There is a group of candidates that can be considered growing powers, and there are rapid bursts in this phase of transition, but it is longer than expected. Under conditions of changing institutionalization a central component of these changes occurs. Yet there is also a gap in the assumptions regarding the principles of collaboration and conflict. National interests and principles are certainly the most significant in the changing world order, and these can also lead to deeply complex and frustrated bargaining situations that need to be resolved by enhanced collaboration at the state level. Joined societies dissolve, along with the old beliefs. According to different ideas of world system, that countries are not less divided, and they can constantly struggle and communicate with each other at the same time. Therefore, the future multi-polar system would be no different from the other multi-polar moments that history has seen, resulting in more chaos and unpredictability than in the current unipolar world. Nevertheless, multi-polarity does not only carry the risks involved in researching balance of power among great powers for the first time in history.

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International Law

The UN reforms are required to make it functional

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Today, the world we live in has become more unpredictable, insecure, and exposed to more vulnerability. Geopolitics is changing rapidly, new problems are often emerging, while old issues remained unresolved. Humankind is under threats and challenges; some of them might be natural disasters, like Earthquakes, Floods, Fires, Valconos, Pandemic, etc. But most of the difficulties and problems are man-made, creation of some powerful countries, the result of over-ambitions, greed, expansionism, biases and jealousy. Big and more muscular countries are keeping eyes on the natural resources of small and weaker nations, etc.

In 1945, the United Nations was established to replace the League of Nations. Because the League of Nations was unable to solve most of the problems faced by the world, unable to resolve conflicts and wars, unable to protect human lives, unable to maintain justice and equality, the failure of achieving objects, the League of Nations was dissolved, and UN was established.

The UN was established with the following four objectives:

Maintaining worldwide peace and security

Developing relations among nations

Fostering cooperation between nations in order to solve economic, social, cultural, or humanitarian international problems

Providing a forum for bringing countries together to meet the UN’s purposes and goals

UN Charter was written by very professionals and experts in their own fields. The Charter is comprehensive and based on many considerations, satisfying almost the needs of nearly everyone at that time. Considering the disaster of the Second World war, the Charter was considered a most appropriate document to address practically all concerns.

The UN has been functioning since 1945 and ready to celebrate its 75th anniversary soon. At this moment, if we look at the performance of the UN, there are many things one can mention as achievements or in the UN’s credit. No doubt, in the early days of the Establishment of the UN, the objectives achieved were rated quite well. However, over time, the UN was politicized, and some of the countries, who were a major donor to UN contribution, were using the UN and its structures to achieve their political objectives. They were misusing the UN platform to coerce some other nations or using UN umbrella to achieve political of economic goals by harming other nations. On the other hand, geopolitics became so complicated and complex that the existing structure of the UN is unable to meet the challenges of the modern world.

Just, for example, Afghan is under war for the last four decades, people are being killed in routine matters, foreign intervention caused the loss of precious lives and economic disaster to people of Afghanistan. Iraq war, Libya War, Syria war, Yemen War, the situation in Ethiopia, Burkina Faso, Venezuela, Ukraine, somewhat more complicated conflict among the U.S., Iran, Israel, and the Persian Gulf, U.S.-North Korea tussle, and Kashmir, all are remained unresolved under the current structure of the UN.

Should we remain silent spectators and keep the status quo, and let the humankind suffer more? Should we justify ourselves as helpless and let the more powerful kills more human beings? Should we remain in isolation and keep our self busy with our own interests? Should we compromise with our conscious? Should we ignore our inner voice? Should we prove ourselves as innocent and not responsible such crimes committed by someone else?

Think and thing smartly, and consider yourself in the same situation and a victim, what we should be expecting from other nations, the international community, and the UN. We must do the same thing to meet the expectations of the victims.

The UN is unable to achieve its objectives with the current structure; the reforms are inevitable. We must strengthen the UN and transform the current dysfunctional UN to a more effective UN, which should satisfy the core issues of all nations. Africa is a major continent, and facing many challenges, but have no say in the UN; there is no single country from Africa in the Security Council of the UN as a permanent member having veto power. The Muslim world, having an estimated population of two billion, every fourth person in this world is a Muslim, there are 57 independent sovereign countries as member f the UN,m but no voice in the UN, no permanent member of UNSC, no veto power, who will protect their rights and who will look after their interests. Should they remain at the mercy of the current five permanent members of the UNSC?

Some countries are rebellious to the UN; some states are defaulter of the UN, and not implementing the resolutions passed by UNSC. Some countries have bypassed the UN and imposed war or sanctions on other nations. They must be held responsible for their acts, the UN should kick such countries out of the UN, and their membership may be suspended or cancelled.

It is time to introduce, comprehensive reforms in the UN, to address all issues faced by today’s modern, complex and rather complicated world. An appropriate representation of all nations, groups, ethnicity or religion should be ensured. The UN has a heavy responsibility, deserve more budgets, more powers and needed to be strengthened further.

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International Law

Coronavirus Shaping The Contours Of The Modern World

Nageen Ashraf

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Globalization vs. Protectionism:

Globalization means the movement of ideas, products, technology, and people across borders and different cultures. It is a multi-dimensional phenomenon. It has social, cultural, economic, political and legal aspects. Globalization has made the world a global village and talks about co-operation and interdependence. Protectionism, on the other hand, is the restriction of movement of goods and products across borders to protect the national industries and economy. The major goal of protectionism is to boost up national economy, but protectionist measures can also be applied for security purposes. So, we can say that protectionists are basically anti-globalists and prefer domestic strength as compared to foreign co-operation.

Protectionism and Covid-19

Globalization has made the world so interdependent and interconnected that any economic or political change in one state creates a domino effect and influence many other states. For the pandemic, most states were initially blaming China, but as it slowly healed and the pandemic caused more devastating impacts in the western states, more fingers are pointing towards globalization. Multiple narratives are building regarding globalization where protectionists finally got a chance to prove how right they were all along.

Globalization not only played a vital role in the spread of this epidemic, it also made the economic crisis go global by affecting the supply chains. An epidemic that affected a single city in Dec, 2019, grew to become a pandemic affecting almost every state in the world through movement of people and goods. States that adopted strict measures and restricted the movement of people, have relatively less cases of corona virus as compared to other states. The worst impacts of corona virus so far can be seen in USA where New York City was initially the epicenter.

New York City is definitely one of the most crowded cities in the world where daily, thousands of people move in and out for various purposes. This could be one of the reasons of such devastating impacts of corona in NYC because the free circulation of people and goods allowed the virus to spread exponentially. On the other hand, if we talk about African continent, where most states are under developed, and the movement of people in and out of the continent is very less as compared to Europe and Americas, reported cases of corona virus are very low. As of Sep 11, 2020, in the whole continent, the highest number of corona cases is in South Africa, with a count of642k as compared to USA’s count of 6.49m. This provides evidence that movement of people played a vital role in the spread of this virus and movement of people has increased a lot since the rise of globalization.

Critiques of globalization also argue that globalization is to be blamed for an epidemic that spread across borders and will soon plunge the whole world into recession. Interdependence because of globalization has made the world more vulnerable to such situations. For instance, China is one of the biggest markets in the world that exports antibiotics and telecommunications and remains an important part of most of the global supply chains. Half of the world’s surgical masks were made by China, even before pandemic. So, when the pandemic struck Wuhan, China, the supplies from China to the rest of the world affected many states that were dependent on China, and they ran out of important pharmaceutical inputs. Even the developed states like France ran out of medical masks and had to suffer because of lack of important medical equipment. This reveals the cost of such deeply interconnected global supply chains that create a domino effect.

Is Globalization ending?

Globalization has made the world a global village and undoubtedly facilitated the free movement of people, goods, ideas, cultures, information, and technology across borders. But on the other hand, it has also played a major role in the spread of diseases and has made states vulnerable to unexpected shocks. Globalists also believe that the medical or health consequences of corona would prove less destructive if states work together instead of working separately for the vaccine, as a competition. Adopting the nationalist or isolationist approach during the pandemic would crash the international economy and further increase the tensions. As the protectionists suggest, if we’d continue to protect only our national economies and keep on putting barriers on international trade, the national recession would soon turn into a global depression, as happened in 1930’s.Timely economic recovery is only possible through global cooperation.

 I think that the threat of Covid-19 has created an extraordinary situation. Originating from Asia, and then causing millions of deaths all around the globe, the blame on globalization is legitimate. Most of the states in the world rely on their tourism revenue that has been affected badly due to corona virus. For instance, Saudi Authorities decided to cancel Hajj because of growing pandemic, and the impact on KSA’s economy would be dramatic. Similarly, Japan is one of the states that depend highly on tourism revenue from Chinese tourists and travel restrictions have caused severe losses. We have also seen how the supply chains are affected just because one of the major producers (China) was badly hit by the virus. Globalization seems to have conquered the world so there is no way that it can be avoided completely. However, after the pandemic, there might be a little change in the world order regarding high interdependency. States that were mostly dependent on China for their important supplies might try to produce the supplies on their own and prioritize their domestic industries over foreign industries because of the consequences they had to bear during the pandemic. Similarly, travel bans will surely be removed but people might hesitate to cross borders and move freely because there will be awareness regarding the risks related to free movement. So, I think that the pandemic has highlighted some backlashes in globalization, but it doesn’t mean that globalization has failed. We can say that it is fragile, despite or even because of its benefits.

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