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Can the International Law resolve Egypt Nile River Crisis?

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International Law plays an important role in resolving conflicts among states in the international arena. The conflict between the Nile Basin countries is a struggle over the legality of the Nile water, according to the agreements signed during the colonial era. The Nile Basin crisis is considered an international water law conflict in the regional system which arose recently. Egypt is one of the oldest civilizations on the earth, before the emergence of international law and even the international water law (international watercourse), the ancient Egyptians knew the value of the water of the Nile River because their life depends on agriculture.

This paper aims to highlight the importance of the Nile River to Egypt, and the role of the international law in dealing with the Nile’s crisis.

Egypt and the Nile River

The Nile River is one of the most important and the longest rivers in Africa and the world. The Nile River is located in northeast Africa, it flows through many different African states including Egypt, Sudan, Ethiopia, etc. According to the British Encyclopedia, Nile River stretches 6.695 kilometers, measured from its extreme sources in the plateau of the tropical lakes ( at the farthest point on the Luvironza River, a branch of the Rurubu River in Burundi) to the last point in its estuary in the Mediterranean Sea. Besides, it’s the second largest basin in the African continent in terms of area, it comes after the Congo River Basin, which has an area of approximately 3.82 million square km. After the independence of South Sudan, the Nile River waters are shared by eleven riparian countries in Africa: Egypt, Sudan, South Sudan, Ethiopia, Rwanda, Tanzania, Uganda, Burundi, Democratic Republic of the Congo(DRC), Eritrea, and Kenya.

The Nile River has two major tributaries, the White Nile and the Blue Nile. The White Nile begins from Lake No at the point where Bahar al Jabal(river) ends and extends to Khartoum. Thus, the River between Lake No and the meeting point of Sobat River heads from west to east, joining the river at this distance Bahr el Zaraf. The White River in Ethiopia supplies about 14 percent of the Nile’s River water. The second major tributaries of the Nile River is the Blue Nile which begins at Lake Tana in Ethiopia, it’s 1,840 meters above sea level and an area of about 3,060 square kilometers. The Blue River is undoubtedly the most significant tributary of the Nile River, about one-tenth of the African continent covered by the Blue Nile, and its riparian countries possessing 40 %of Africa’s continent population.

As I mentioned above, the Nile River is of great importance to any country in the world including Egypt. When we mention the Nile River we have to mention the ancient Egyptian civilization, the Nile River has played an important role in shaping the life of ancient Egypt. it’s known that the ancient Egyptian civilization developed along the banks of the Nile River. The ancient Egyptians depended upon the Nile River for agriculture and irrigation, so there is no doubt that the Nile River occupies a central place in the lives of Egypt and the Egyptians. The Nile River was worshiped as a God in ancient Egypt, and the ancient Egyptians glorified the Nile.

The importance of the Nile River to Egyptians is that it represents Egypt’s main source of freshwater. Egypt depends entirely on the Nile River for agricultural, industrial and domestic uses. It provides over 96 percent of Egypt’s annual water needs. Besides, the Nile River has taken full control of Egypt’s economics and life. Although Egypt is the first beneficiary of the Nile’s water, there is no source of the Nile River in Egypt and Egypt is one of the downstream countries. Therefore, any shortage in the quantity of water supplied to Egypt has a direct and negative impact on its agricultural and industrial production.

The reason for Nile waters dispute

The struggle over the Nile River waters dated from the colonial era. The reason for the dispute during the post-independence period and until the negotiation process was the rejection by some states of the treaties that signed during the colonial era, such as Ethiopia. But after reaching the principle of an agreement to establish a framework for cooperation, there were some disputes regarding the sharing of the Nile’s waters, and the rule of prior notification or consultation. There were several treaties signed during the colonial era that addressed water allocation in the Nile River that still affects the contemporary negotiations among the Nile Basin countries. Under colonial Britain’s rule, in an effort to secure their interests over the Nile River in Egypt, some treaties stood out; the 1891 agreement, 1929 agreement, and the 1959 agreement.

In 1891, Britain and Italy signed an agreement determining their area of influence in the basin countries in eastern Africa to the outskirts of the Red Sea. Whereas, the third clause in the agreement stipulates that Italy will not construct any works on the Atbara River in order not to impede its flow to the Nile. The fourth article in this treaty focused on protecting the interest of British and Italian nationals in East Africa and supervising the Red Sea corridors more than in the issue of regulating the exploitation of the Nile waters.

On May 15, 1902, a treaty was signed in Addis Ababa between Britain (on behalf of Sudan) and the Ethiopian Empire to demarcate and define the border between Ethiopia and Sudan. In the third clause of the treaty, Emperor Menelik II pledged not to make any attempt to built such a structure on the Blue Nile, Lake Tana, or Sobat River. In order to ensure the continuity of this treaty, it was stipulated that agreement must be adhered to by both parties and their heirs and those who succeed them to the throne. In this agreement, it explicitly provided for the regulations of the exploitation of the waters of the Blue Nile, Lake Tana and the Sobat River, and the need for prior notification before starting any construction projects by Ethiopia.

During the Egyptian-British bilateral rule of Sudan, Egypt and Britain signed an agreement in 1929. The agreement focused on using the Nile water for irrigation, whereas, in the agreement, Egypt requested to abide by its complete freedom regarding the negotiations that precede the conclusion of an agreement on Sudan. Besides, the agreement also stipulated that Sudan would not build any dam on the Nile and its branches or on the lakes from which the Nile originates, whether in Sudan or the countries under the British colonial rule. Britain agreed to Egypt’s requirements and confirmed the recognition of Egypt’s natural and historical rights to the use of the Nile River waters.

After Egypt gained its independence and with the growth of the population and the increase of the development projects, Egypt wanted to store water for use in agriculture, irrigation and electricity generation, so Egypt started building the High Dam in Aswan, and also Sudan started building projects. The importance of the Nile River between the two countries increased, as a result, the two countries signed an agreement in 1959. The agreement stipulated that Sudan’s yearly water allotment would rise from the 4 billion cubic meters to 18.5 billion cubic meters. The 1959 agreement also recognized the rights of other Nile Basin countries to the Nile waters. According to the agreement, whether any of the Nile Basin countries want to claim their rights, then Egypt and Sudan will negotiate and reach a unified solution. In 1993, Egypt and Ethiopia signed an agreement, and Ethiopia agreed through a framework with Egypt that Ethiopia would not build any structure that may harm Egypt’s interests over the Nile River and impedes the entry of the Nile waters to Egypt, but the agreement was not bound by international law. We can see that the1929 agreement and 1959 agreement affirmed Egypt’s water  rights for the Nile River.

The tension between Egypt and Ethiopia over the Nile’s water arose in the middle of the twentieth century, particularly, when Ethiopia had announced the construction of the Grand Ethiopian Renaissance Dam Project(GERD) in 2011 on the Blue Nile tributary which started in Ethiopia. The goal of the construction of the Renaissance Dam is creating one of the world’s biggest hydroelectric power plants. However, the construction of the Dam has caused a row between Egypt and Ethiopia. Egypt is upset because the Ethiopian Renaissance Dam Project will directly and negatively affect Egypt’s interests in the Nile River.

The role of  the International Law

Before examining Egypt’s legal rights on the Nile River, its very important to turn first to the international law. Until the early years of the twentieth century, there were no rules to determine how to use the international river waters among the countries. The relations between countries related to the use of the international river water began to complicate and the conflict among states seemed over how to use the water of the river. So, international law defined some rules and theories in order to regulate the relations among states and the use of  the  shared  waters  between  them.

The theory of Absolute Integrity; this theory does not allow river states to use river water in a way that harms the rights of other river states. Every country whose international river runs in its region has the full right to keep the flow of Nile water in its region without reducing the percentage of water that reaches it. The political borders do not separate the river from its source to its mouth. So, when any country wants to build any structure on the river or its branches, it must first inform the countries that share the same river it with. The theory of Common Natural Resources; this theory was founded on the principle of good neighborliness and aims to the equitable utilization of international river waters between the riparian countries. According to the above theories, Egypt will offer several justifications under international law to support its claim and protect its right in the Nile River. Egypt will argue that the agreement between Britain and Ethiopian Empire which signed in 1902 confirmed that Ethiopia agrees to not take any measure that would harm Egypt’s interests on the Nile River. The treaty also precludes Ethiopia from building any projects that will affect Egypt. Egypt also has argued that 1929 and 1959 agreements between Egypt and Sudan, the agreements imposed a duty on Nile River Basin countries to take measures to prevent causing harm to other states sharing the Nile waters. Its worth mentioning that Egypt has already started diplomatic negotiations to resolve the dispute with Ethiopia, and the last of these negotiations were held in Washington.

Conclusion

The purpose of the international law is to fix the problems and disputes that might arise among states. Nile River crisis is a major dilemma among the Nile Basin countries in the African continent. Egypt is one of the oldest civilizations that developed along the Nile River banks relies on the Nile waters for agriculture, irrigation and industry and so on. Thus, Egypt would justifications under international law (international watercourse) to secure its right over the Nile River.

Amira Ahmed, Ph.D. fellow, School of International and Public Affairs, Jilin University, China. Master in Diplomacy.

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International Law

Basic knowledge about Peace Education and how it is beneficial in resolving conflicts

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“Peace education is a pedagogical to create a world at peace by pace we mean more than the absence of violence”-Johan Galtung

Peace education emerged during post World War II, with a variety of definitions and explanations. Generally it is defined as “The education that comprises of planning, pedagogy, skills and teachings that lead towards peace.”

The multifaceted approaches of peace embrace human right education, developmental education, environmental education, conflict resolution education and disarmament education. Peace education is a task of gaining the values, knowledge. The greatest source of building peace are people itself. Peace education brings transformation by erecting cognizance and perception. Peace education should first bid youth and adults to be cognizant of aftermath of a peculiar conflict. Then, they should be asked to use their observing abilities, perceptions and visualize themselves in place of others to recognize their suffering and foster empathy for the ones going through violence.

Peace education encourages young minds to transform conflict in a peaceful manner and conflict resolution through tranquil paths. Peace education involves movement against system. To do so we must keep in mind the phases or levels of peace.

PHASES OF PEACE

There are three (3) phases of peace education:

Cognitive phase,Effective phase and Active phase.

Cognitive phase

NECESSITY OF PEACE EDUCATION

During past two decades the World has suffered many conflicts and highest ratio of violence which affected many countries and regions of world mainly third-world countries. Conflict like war leads to discriminatory disperse of assets.

Peace education is necessary for transformation of conflict in a tranquil method. Peace educations at developing universal values, it prepares to cope up with uncertain circumstances. It is dispensable to develop personal autonomy and influence, nourishes harmony. It has an important social intention. It seems to metamorphose the contemporary social state. It focuses on termination of war.

Social injustice, war and violence imposes long term consequences and affects the routine of common man. With peace education, it is thought that it will wipe out all the sufferings of mankind and makes path towards the transformation of world that is marked by violence. There are many campaigns going on for resolution of conflict, but none can succeed without peace education. It is tier to stave off military conflicts.  It is pivotal for the minds that have knowledge of peace education to use it in nifty fashion to perorate and command conflicts.

VALUES FUNDAMENTAL TO PEACE EDUCATION:

Self respect means having sense of one’s own worth. A person’s background’ defines him. And one leans toward positive change.

Others respect stands for having perception of allure of other people despite of their religion, caste and creed.

Gender equality vouches for bestowing equal rights to all human beings. Not only women but transgender as well, for they are the part of our society.

Justice stands for perception of equal rights. It upholds for the principle of equality and rejection of all kind of exploitation.

Social responsibility visualize enthusiasm to reshape the society in the best possible way

Positive vision has connotation tovisualize the future world full of peace’ a hope of tranquil tomorrow.

SKILLS FUNDAMENTAL TO PEACE EDUCATION:

These skills need to be developed.

Reflection is the use of perceptive thinking, through which people enhance their knowledge and understandings.

Critical thinking and Analysis, having an idea to do a research critical analysis meansability to approach issues with an open mind.

Decision making is the ability to analyze problems and search for their alternative solutions.

Imagination means creating new prototypes and alternative ways of living.

Group building means working in co-operation as a team to achieve goals. The postulate is that everyone has something to contribute, everyone is part of the solution.

Empathy is the ability to see the perception of an individual or a whole group, to see that what they are going through and developing same feeling as them.

SPHERE OF PEACE EDUCATION:

If we talk about the scope and sphere of peace education. Peace education constitutes of many conformation. Peace education accords in building a peaceful society. Main educations among peace education are:

Disarmament Education:

Disarmament protests rose after the atomic bombings of Hiroshima and Nagasaki followed by cold war. From here the beginning of peace education evolved as a rejoinder to menaces of nuclear weapons. In recent times, excessive use of arms have become a major concern of peace education. UN Office of Disarmament Affairs) reported that 70 % of the expenditures in the annual global trade on conventional arms, estimated at $ 30 billion, are made by poor countries in the developing world (UNDDA, 2002).

Human Rights Education:

Following the universal declaration of Human Rights in 1948, the movement towards educating people started. This movement was called Human Rights Education. It adds to the enjoyment of pivotal Human Rights. It rose as an important concern to HRE, to teach all the people. Because every individual cannot be taught in a single classroom. HRE comprises of notion of chumminess of rights and responsibilities.

Global Education

It is defined as the programs and education that can help an individual learn more about human rights and care more about world and worldly affairs. It creates a sense to care more about the planet Earth.

Conflict Resolution Education

From the past two decades conflict resolution education have gained thrust. It has been added to the curriculum of many educational institutions. CRE has many important goals one of them is to create a constructive and peaceful society. Teaching students to make them peacemakers and to create n environment that to reach acceptable solutions.CRE principles are now increasingly used in many schools, workplaces, offices in Philippines as well as many parts of the world.

Multi-cultural Education

Multicultural education has developed first in the countries which consist of diversity of multi cultural population. Mainly in the countries having history of receiving immigrants. It helps students to appreciate cultural differences and similarities to create bonds with them. Young children can easily absorb negative stereotypes of the society so multi-cultural education from the beginning level creates a sense of brotherhood among them. Multi-cultural education looks forward to eliminate all these negative stereotypes.

Interfaith Education

The interfaith movement began in 1893 at the World’s Parliament of Religions gathering in Chicago, which gave rise to Interfaith education. It gave rise to many interfaith organizations. It is considered as the most important form of education to promote peace. It creates a sense of co-operation among religions.  

Development Education

Development education emerged in 1960’s. It condemns biased economic order which leaned towards the consequences of hunger, homelessness and marginalization. NGO’s and institutions concerned with it are integrating many issue like inequality in society. It leads to the development of peaceful societies. It seeks to pursue consciousness summons undemocratic structures.

Non-Sexist Education

During the hike of feminism in1960’s there have been endeavour to oppose sexist education. Gender fair education seeks to promote principles that lead towards non-sexist society. A society where everyone practices equal rights despite of their gender. It advocates break down of gender based stereotypes.

CONCLUSION

Peace education is something that promotes tranquility in society. It aids in creating harmony among human beings and their environment. There are many happenings in the world that have no other solution than peace education. It leads towards a calm society. It emerged after WW II to promote quietude in the world. Since then many organizations and NGO’s are operational to promote peace education among individuals and groups of individuals. In a nutshell, one would mention that peace education is the only key to lead world towards positivity and calmness in most aspects. Peace education is a concrete pathway to deal with war and its aftermath. Teaching learners tranquil paths to resolve conflict plays constructive role in society.

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Is Antarctica the new Eldorado? The sixth continent between claims and international law

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December 1, 2019 marked the 60th anniversary of the signing in Washington of the Antarctic Treaty, the main legal instrument for managing practical activities and regulating interstate relations in the territory 60°parallel South.

On May 2, 1958, the U.S. State Department sent invitations to the governments of Australia, Argentina, Belgium, Chile, France, Japan, Great Britain, New Zealand, Norway, the then South African Union and the USSR for the International Antarctic Conference. It was proposed to convene it in Washington in 1959. The group of participants at the Conference was limited to the countries that had carried out Antarctic projects as part of the International Geophysical Year (IGY) (July 1957-December 1958).

The Soviet Union supported the idea of convening a Conference. In a letter of reply, the Kremlin stressed that the outcome of the Conference should be the International Treaty on Antarctica with the following basic principles: peaceful use of Antarctica with a total ban on military activities in the region and freedom of scientific research and exchange of information between the Parties to the Treaty.

The Soviet government also proposed expanding the group of participants at the Conference to include all parties interested in the issue.

In those years, the international legal resolution of the Antarctic problem had become an urgent task. In the first half of the 20th century, territorial claims to Antarctica had been expressed by Australia, Argentina, Chile, France, Great Britain, New Zealand and Norway.

In response to the Soviet proposal, the United States kept all the territorial claims of various countries on the agenda, but it undertook to freeze them. Russia, however, believed that third parties’ territorial claims had to be denied. At the same time, the position of both States coincided almost entirely insofar as the right to make territorial claims for the ownership of the entire continent could be retained only as pioneers.

The USSR relied on the findings of the expedition by Russian Admiral F.G.Th. von Bellingshausen and his compatriot Captain M.P. Lazarev on the sloops-of-war Vostok and Mirnyj in 1819-1821, while the United States relied on the explorations of N.B. Palmer’s expedition on the sloop Hero in 1820.

The Conference opened on October 15, 1959 in Washington DC. It was attended by delegations from twelve countries that had carried out studies as part of IGY’s programmes in Antarctica.

The Conference ended on December 1, 1959 with the signing of the Antarctic Treaty. This is the main international law instrument governing the planet’s Southern polar region.

The basic principles of the Treaty are the following: peaceful use of the region, as well as broad support for international cooperation and freedom of scientific research. Antarctica has been declared a nuclear-free zone. Previously announced territorial claims in Antarctica have been maintained but frozen and no new territorial claims are to be accepted. The principle of freedom to exchange information and the possibility to inspect the activities of the Parties to the Antarctic Treaty have been proclaimed. The agreement is open to accession by any UN Member State and has no period of validity.

Over time, it has been proposed that the political and legal principles of the Treaty be further developed in the framework of regularly convened consultative meetings. Decisions at these meetings can only be taken by the Parties to the Treaty that have a permanent expedition station in Antarctica.

All decisions are taken exclusively by consensus, in the absence of reasoned objections. The first Antarctic Treaty Consultative Meeting was held in the Australian capital, Canberra, from 10 to 24 July 1961.

Until 1994 (when the 18th Consultative Meeting was held in Kyoto), meetings were held every one or two years, but since the 19th Meeting held in Seoul in 1995 they have begun to be convened on a yearly basis. The most recent Meeting, the 42nd one, was held in Prague from 11 to 19 July 2019. The 43rdConsultative Meeting will be hosted in Paris on 14-24 June, 2021: the suspension of the Meeting that was to be held in Helsinki from 24 May to 5 June 2020 was due to the Covid-19 pandemic. The 17th Meeting was held in Venice, Italy, on November 11-20, 1992.

The main decisions of the Meetings until 1995 were called recommendations and since 1996 ATCM measures. They come into force following the ratification procedure by the Consultative Parties. A total of 198 recommendations and 194 measures have been adopted.

Over sixty years, the number of Parties to the Antarctic Treaty has increased from twelve founders in 1959 to 54 in 2019. These include 29 countries in Europe, nine in Asia, eight in South America, four in North and Central America, three in Oceania and one in Africa.

The number of Consultative Parties to the Treaty that have national expeditions in Antarctica keeps on growing: Australia, Argentina, Belgium, Brazil, Bulgaria, the Czech Republic, Chile, the People’s Republic of China, (South) Korea, Ecuador, Finland, France, Germany, Japan, Great Britain, India, Italy, Norway, New Zealand, the Netherlands, Peru, Poland, Russia, Spain, South Africa, Sweden, Ukraine, Uruguay and the United States of America.

The remaining 25 Antarctic Treaty countries with Non-Consultative Party status are invited to attend relevant meetings, but are not included in the decision-making process.

In the 1970s and 1980s, the desire to join the Treaty was reinforced by the desire of many countries to develop Antarctica’s biological and mineral resources. Growing practical interest in Antarctica and its resources led to the need to adopt additional environmental documents.

During that period, recommendations for the protection of Antarctica’s nature were adopted almost every year at the Consultative Meetings. They served as starting material for the creation of three Conventions, which protect the natural environment: 1) the Convention for the Conservation of Antarctic Seals; 2) the Convention for the Conservation of Antarctic Marine Living Resources; and 3) the Convention for the Regulation of Antarctic Mineral Resources.

Later, based on the recommendations and Conventions adopted, the Protocol on Environmental Protection to the Antarctic Treaty was drafted. It became an environmental part of the Treaty and was signed on October 4, 1991 for a period of 50 years at the Madrid Consultative Meeting – hence it is also called the Madrid Protocol.

According to the Protocol, Antarctica is declared a “natural reserve for peace and science” and should be preserved for future generations. After 1991, the new countries that adhered to the Treaty started to show interest in participating in large-scale international research projects on global climate change and environmental protection.

Considering the above, Antarctica can be described as a global scientific laboratory: there are about 77 stations on the continent, which have supplied their scientists from 29 countries. They explore the continent itself, the patterns of climate change on Earth and the space itself.

However, how did it happen that the territories of the sixth continent became the target of scientists from all over the world?

In 1908, Great Britain announced that Graham Land (the Antarctic peninsula south of Ushuaia) and several islands around Antarctica were under the authority of the Governor of the Falkland/Malvinas Islands (claimed by Argentina). The reason for this was that they were/are close to the archipelago.

Furthermore, Great Britain and the United States preferred not to acknowledge that Antarctica had been discovered by the Russian explorers Bellingshausen and Lazarev. According to their version, the discoverer of the continent was James Cook, who saw the impenetrable sea ice of Antarctica, but at the same time confidently insisted that there was no continent south of the Earth.

A dozen years later, the appetites of the British Empire grew and in 1917 it decided to seize a large sector of Antarctica between 20° and 80°meridian West as far as the South Pole. Six years later, Great Britain added to its ‘possessions’ the territory between 150°meridian East and 160°meridian West, discovered in 1841 by the explorer Capt. J.C. Ross, and assigned it to the administration of its New Zealand’s colony.

The British Dominion of Australia received a “plot of land” between 44° and 160° meridian East in 1933. In turn, France claimed its rights to the area between 136° and 142° meridian East in 1924: that area was discovered in 1840 and named Adélie Land by Capt. J. Dumont d’Urville. Great Britain did not mind, and the Australian sector was not disputed by France.

In 1939, Norway decided to have a piece of the Antarctic pie, declaring that the territory between 20° meridian West and 44° meridian East, namely Queen Maud Land, was its own. In 1940 and 1942, Chile and Argentina entered the dispute and the lands they chose not only partially overlapped, but also invaded Britain’s “Antarctic territories”.

Chile submitted a request for an area between 53° and 90° meridian West; Argentina, for an area between 25° and 74°meridian West. The situation began to heat up.

Furthermore, in 1939, Germany announced the creation of the German Antarctic Sector, namely New Swabia, while Japan also formalised its claims to a substantial area of Antarctic ice.

Again in 1939, for the first time the USSR expressed – as a premise and postulate – that Antarctica belonged to all mankind. After the end of World War II, all legal acts of the Third Reich were abandoned and Japan renounced all its overseas territorial claims under the San Francisco Peace Treaty. According to unofficial Japanese statements, however, the country claims its own technical equipment: according to its own version, the deposits lie so deep that no one except Japan possesses the technology to recover and develop them.

By the middle of the 20th century, disputes over Antarctica became particularly acute: three out of seven countries claiming the lands were unable to divide up the areas by mutual agreement. The situation caused considerable discontent among other States, and hampered scientific research. Hence it came time to implement that idea, the results of which have been outlined above.

In 1998, the Protocol on Environmental Protection was added to the Antarctic Treaty. In 1988, the Convention on the Management of Antarctic Mineral Resources had also be opened for signature, but it did not enter into force due to the refusal of the democratic Australian and French governments to sign it. That Convention, however, enshrined great respect for the environment, which laid the foundations for the Protocol on Environmental Protection. Article 7 of that Protocol prohibits any activity relating to mineral resources in Antarctica other than scientific activity. The duration of the Protocol is set at 50 years, i.e. until 2048.

Most likely, its period of validity will be extended, but we have to be prepared for any development of events. Earth’s resources are inevitably running out and it is much cheaper to extract oil and coal in Antarctica than in space. So an oxymoronically near distant dystopian future awaits us.

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The Hathras Case, Caste Discrimination in India and International Law

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ILO/A. Khemka

Over six months ago in September 2020, a 19-year-old Dalit woman was brutally gang-raped by the “upper-caste” men in Hathras district of Uttar Pradesh, and a month later succumbed to her injuries in a hospital in Delhi. Despite insidious efforts of impunity by the state, the accused were arrested. However, the family including other Dalits in the village continue to experience the endemic of caste discrimination. The village remains divided along the caste lines with “lower-castes” living on the periphery struggling to fight against the pernicious system.

Caste discrimination and violence emanate from the orthodoxy of the Indian caste system that is held as sacrosanct. It refers to the classification of people into four groups or Varnas: the Brahmins on the top, which consists of priests and teachers, followed by the Kshtriyas or the warriors, the Vaishiyas or the merchants and the last group the Shudras considered as outcastes. Shudras traditionally referred to as ‘untouchables’, now collectively known as Dalitsare singularly positioned at the bottom of the caste hierarchy. They are marginalised on the pretext of maintaining status quo in the society and are forced to live under deplorable conditions with little or no access to health, education and sanitation. Their socio-economic vulnerability and lack of political voice increase their exposure to potentially violent situations while simultaneously reducing their ability to escape.

In the similar vein, the question that writ large is, how long would the scourge of the caste system traumatise the Dalit community that makeup16.2% of India’s total population. Being relegated to the bottom of the class, caste and gender hierarchies, they form a majority of the landless labours and manual scavengers and their vulnerability is appropriated by those in power. The reason why the Hathras Case allured a lot of controversies was that the state agencies played an essential role in shielding perpetrators and launching fake propaganda of victimisation. This reaffirmation of the upper-caste hegemony by the state violates the domestic law as well as India’s obligation under International law. Hence, it becomes imperative to understand the relationship between caste and racial discrimination against the backdrop of international law.

Hathras Case and Violation of International Law

Violence against Dalits especially women  is used as a tool to inflict political lessons and crush dissents and labour movements for transgressing the caste hierarchies. The Hathras Case of Uttar Pradesh is one of such adversities that reveal a perilous side of the Indian social apparatus and the subsequent pattern of impunity. Despite the constitutional guarantee against any form of discrimination specified under the domestic law and the ratification of international covenants on racial discrimination, gender equality and human rights. Such incidents underscore India’s louche stand against discrimination both nationally as well as internationally.

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965 as substantiated by India, under its Article -1 states that discrimination based on descent falls under the ambit of ‘racial discrimination’. Hence, applies to matters of caste discrimination also. In the Case of Hathras, there was a serious breach of the convention on various grounds by the police and the government. For instance, the Police did not take cognisance of the rape for eight days after the incident despite the request of the family and was reluctant to help when the victim was taken to the police-station .The family was also exhorted by the district magistrate to change their statement. This misconduct goes against Article 5(a) and Article 5(b)of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) which reads that victim should receive equal treatment before the organs administrating justice and must receive protection against violence respectively. Also, the lack of effective remedies provided by the state breaches Article 6 of the convention.

Further, the police allegedly cremated the victim without the involvement of her family members. It breached Article 2, para 2 of the CERD, which obligate state parties to take measures for prevention and enjoyment of human rights. The Government and police wrought an abhorrent pattern of impunity and State-sponsored Propaganda as they adamantly declined to accept if rape was actually committed simply based on the fact that the forensic report revealed the absence of semen in the body of the deceased. This was approbated despite the fact that forensic evidence can only be found up to 96 hours after the incident and that sample for the case was collected after eleven days. Thus, such impunity to the ‘upper caste’ men by the state organs seriously violates Article-2 and 4 of CERD that state shall not discriminate against the victim and condemn any sort of propaganda based on superiority of the caste respectively.

Such deleterious conduct by the state is not only in dissonance with the Convention on the Elimination of All Forms of Racial Discrimination but also tramples upon various instruments of International Human Rights Law especially the United Nations Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR). It also grossly violates the Convention on the Elimination of All Forms of Discrimination against Women. Dalit Women stand at a point of intersectionality in the society, their subordination and violence unleashed upon them result from both sexual and caste discrimination. Hence, this ‘double jeopardy’ thesis exacerbates their plight.

These actions of the transgression of international law invite state responsibility as codified by the International Law Commission. The Commission elucidates that any such act is attributable to the state if it is committed by State organs, whether central or federal. The International Convention on All the Forms of Racial Discrimination also reflects on the application of domestic law. As Supreme Court of India has held in the case of Karmaa Dojree v. Union of India that the provisions of the Convention are of significance to protect fundamental human rights and must be read into constitutional guarantee against racial discrimination. Thus, what makes the Hathras Case, one of the most controversial cases is the grave violations of international responsibilities and demonstration of ‘upper-class hegemony’ by the state and its agencies.

Caste Discrimination as Racial Discrimination

A major point of contention while ruminating on caste discrimination as racial discrimination is, albeit in the language of international law caste discrimination is seen as the violation of the civil, political, social, economic and cultural rights, there is an absence of its legal recognition.

In 1996, India for the first time highlighted that the term ‘descent’ mentioned under Article 1(1) of the convention does not cover the domain of caste, thus, schedule castes and schedule tribes in India does not come under its purview. However, CERD in its Concluding Observations(2007) stated that the term ‘descent’ not only refers to ‘race’ but also include discrimination against members of community based on various forms of social stratification. The Human Rights Council in its report conducted by the Sub-Commission on the Promotion and Protection of Human Rights (2009) considered caste discrimination as‘ discrimination based on work and descent’. Likewise, the report of the Special Rapporteur on Minority Issues (2016) attempted to explicate caste discrimination and emphasised that ‘while many caste-affected groups may belong to the same larger ethnic, religious or linguistic community, they often share minority like characteristics, particularly their non-dominant and marginalised position and the historic use of the minority like framework to claim their rights.’ This informs us that international law categorically view caste discrimination as a segment of racial discrimination. However, India continues to deny the applicability of the term ‘descent’ as inclusive of caste. The lacuna in the recognition of ‘caste’ as a separate identity and India’s denial despite negation is often considered to have a detrimental impact on a significant population of the country.

Caste- based violence similar to the case of Hathras lead to gross breach of international law and yet less often attract state responsibility. This is due to the fragmented legal response and absence of explicit reference to caste discrimination in international law. It is asserted that a comprehensive legal response could help overcome these challenges, not to say that the application of international law would ensure complete protection against caste-based discrimination and violence. But, at least could provide for international solidarity and subsequently better solutions.

Conclusion

The Hathras case of Uttar Pradesh like other similar cases of violence against Dalit women unveils the perennial notion of caste discrimination and the abhorrent pattern of state impunity to the perpetrators. These acts of caste discrimination are strongly condemned under international law, to which India has often reflected on quite evasively. Notably, various international conventions enunciating international law refers to such discrimination as a violation of human rights, albeit have not specifically mentioned it and has continued to reaffirm that discrimination based on descent includes discrimination based on caste. Hence, Dalits face huge challenges at the international level to draw adequate attention to caste discrimination and consequently bear perpetual atrocities at the national level. Therefore, Dalits aspire for international solidarity to consider varying factors of discrimination and a comprehensive legal response to bring caste-based discrimination into international focus.

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