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1 | VALUE ADDITION SERIES: INTERNATIONAL RELATIONS

S. No. Index Page No.

01. Rise of the Minilateralism 2-2

02. International Criminal Court 3-4

03. Data Free Flow with Trust

(DFFT) 5-6

04. India-central Asia Dialogue 7-8

05. World Food Programme 9-9

06. United Nations Human Rights

Council 10-11

LEARN, UNLEARN

& RE-LEARN


1. Rise of the Minilateralism Why in the news? India recently conducted a virtual trilateral dialogue with France and Australia. More on the News

The focus of the dialogue was on enhancing cooperation in the Indo-Pacific Region. o Indo-Pacific economic and geostrategic challenges and cooperation, particularly with regard

to the COVID-19 pandemic and the domestic response to COVID-19. o Cooperation on Global Commons such as seas, and potential areas for practical cooperation

at the trilateral and regional level, including through regional organisations such as ASEAN, Indian Ocean Rim Association (IORA) and the Indian Ocean Commission.

o The regional and global multilateral institutions' goals, challenges and developments, including the best ways to reinforce and reform multilateralism.

Objective of the meeting: Building on the strong bilateral relations that the three countries share with each other and synergising their respective strengths to ensure a peaceful, secure, prosperous and rules-based Indo-Pacific Region. The three sides agreed to hold the dialogue on an annual basis. Significance of this meeting: Although bilateral and multilateral dialogues, such as the 2+2 dialogue between India and Australia, Japan and the United States, Quad, etc., are common phenomena in the Indo-Pacific,' minilateralism' has emerged in recent times. The India-U.S.-Japan trilateral and the India-Australia-Indonesia trilateral are already taking shape. Factors responsible for the rise of Minilateralism

This method of diplomacy is easier to strike convergence in interests due to smaller partnerships and can focus on specific mutual objectives and goals.

Strategic rationale: Because of their participation in ensuring a free, open and inclusive Indo-Pacific order, the India-France-Australia trilateral is a natural fit for all three.

Moving beyond uncertainties created by certain partners: Members of larger groupings might find it in their interest to move to minilateral grouping to overcome uncertainties created by specific partners in the larger groupings. For example, the unpredictability of American policies.

Seeking Informal dialogues: Trilaterals are an efficient way of flexibly addressing emerging issues without establishing strict agreements and undertaking lengthy structured negotiations.

Overcoming challenges pertaining to multilateralism and multilateral institutions:

Polarization and ideological infighting: A few prominent leaders and countries lead the multilateral institutions/groupings. This raises the likelihood of creating fissures on the lines of differences in viewpoints or specific concerns, leaving little to no space for individual points of view to be discussed. For example in European Union France and Germany are the de facto leaders.

Countries have begun to look inward and find it difficult to collaborate on multilateral forums outside their national interests in the age of reverse globalisation and growing protectionist tendencies.

International Institutional decline: It is a phenomenon in which organisations struggle to adjust and modify at an acceptable rate. Established multilateral organisations face challenges in addressing current and emerging global challenges such as climate change, protection of data, cyber security, etc.


2. International Criminal Court Why in News? Recently, the US President has approved economic sanctions against officials of the International Criminal Court (ICC) for their investigation into alleged war crimes committed in Afghanistan by U.S. forces and the Central Intelligence Agency (CIA) since 2003. About ICC

The ICC is a permanent international court set up to investigate and prosecute persons accused of committing the most serious crimes of concerns to the international community as a whole, such as genocide, crimes against humanity, war crimes and aggression.

The International Criminal Court was established under the Rome Statute in 1998. The court has jurisdiction only over crimes committed after the entry into force of the Rome Statute on 1 July 2002.

As of now 123 countries are party to the Rome Statute.Countries which never signed the treaty: India, China, Iraq, North Korea, Saudi Arabia, Turkey etc.

ICC does not aim to replace existing national criminal justice systems; rather, it complements them.

Cases come before the court in following ways:

A member country can refer a situation within its own territory to the court;

UN Security Council can refer a situation;

A prosecutor can launch an investigation into a member state proprio motu, or “on one’s own initiative.”

Limitation of ICC

The ICC disproportionately targets the African continent for their alleged crime against humanity. Of the court’s more than two dozen cases, all have dealt in African continent. In 2016 Kenya proposed a massive withdrawal from the statue by the African countries.

Lack of participation by three permanent members of the UN Security council: For example China never signed the Rome Statute, and neither the United States nor Russia has ratified it. o Absence of Big powers participation hinders the ability to enforce the laws instituted by the

court.

Imposition of certain principles: It is often criticised by the non-democratic countries as ICC attempting to transpose principles of liberal democracy to all states, and to impose ‘one-size-fits-all’ solutions in order to provide international justice.

There is a concern that ICC could misuse its jurisdiction for political purposes over the internal conflict of the member countries.

India wanted war crimes to not include acts committed in the context of an armed conflict not of an international character.

Lack of support: Court has to face a lack of support from all states in the world, and the absence of systematic cooperation by states parties to its Statute.

The court does not have a police department of its own. It therefore relies on state cooperation, which is necessary for the arrest and surrender of suspects.

Biased character: The ICC has been accused of being an instrument of Western imperialism and biassed against vulnerable states in favour of strong countries.

There are also cases where the court has targeted certain people, but also dismissed others who are equally well known for their abuse and crimes.

In the Democratic Republic of Congo (DRC) and Uganda, it has only acted against rebels or members of the opposition, whereas a UN envoy said that government troops in the DRC might have committed crimes.


Principal objections of India to the Rome Statute

The UNSC is granted extraordinary rights to make references to the Court. This made the ICC, and their political intervention, subordinate to the UN Security Council, and thus to its permanent members in practise.

The legal distinction between customary normative law and treaty obligations has been blurred, especially with regard to the meanings of crimes against humanity and their applicability to internal conflicts.

India wanted a tougher complementarity regime in which the Court would only complement national jurisdiction in extraordinary cases where the justice system in a State was non-existent or incapable of dealing with crimes within the jurisdiction of the Court.

Refused to classify, as suggested by India, the use of nuclear weapons and extremism and terrorism among crimes within the ICC's purview.

Power to initiate cases on his/her own volition given to the ICC Chief Prosecutor.

Way Forward

The court needs to expand its focus beyond Africa. It is well known that leaders and countries in West Asia and East Asia commits crime and genocide against their own people and neighbouring countries. Example: China, Syria, Israel etc.

To strengthen its credibility and function, the ICC must concentrate on equity, fairness, local justice and international social justice.

Its members have a vital role to play in promoting the Court's provision of international justice in order to enhance the effectiveness of the ICC.

Powerful government leaders should not feel that they can use it as a weapon against their rivals by calling in the ICC, and avoid thorough scrutiny themselves.

The court needs to expand its reach to boost its legitimacy by adding more permanent UN representatives and by enhancing inquiries and prosecutions.


3. Data Free Flow with Trust (DFFT) Why in the news? India has recently declined to become a signatory to the Osaka declaration on digital economy which proposes the concept of Data Free Flow with Trust (DFFT). About DFFT

It aims to promote efficiency, innovation and sustainable growth, by removing restrictions on the cross-border transfer of information through electronic means, including personal information and the storage of data on foreign servers.

It also emphasises the importance of solving issues such as security, data protection and intellectual property that would otherwise undermine public faith in digital technologies.

Need for DFFT

Lack of international framework to resolve cross-border data conflicts: Conflicts over a variety of data flow problems, such as free speech, intellectual property, privacy, cybercrime, consumer protection, taxation, commercial regulation, and others have increased in recent times.

Data transfer regulatory conditions or requirements and data localization policies will cause exporters to build or lease data centres in each operating country. Doing so will impose prohibitively high costs for enforcement and compliance. Which will affect the ease of doing business environment in the country.

The existing regulating policies are not comprehensive and disconnected from reality given emergence of anticompetitive, trade distorting actions by digital giants. So having an inter-country regulatory system for the digital economy will increase the effective regulation of digital giants.

Moving towards “Society 5.0”: It highlights how digitalization, by optimising societal and welfare systems, could address today's social challenges and usher in wider transformation. For example: o Data reuse and sharing between government entities can address ageing society and public

health challenges, mitigating increasing costs with more precise preventive care.

Availability of open access to data will enhance the tracking and delivery of many UN sustainable goals in developing and least developed countries.

Significance for digital economy: A sizable portion of global economic activity is based on the digital economy, supported by data flows. Some countries' current data flow restrictions and data localization requirements reduce their GDP by up to 0.4 percent to 1.7 percent, depending on the economy and the severity of the measure, respectively.

Concerns for India

Lack of Clarity: The Concept of DFFT is neither understood by many countries and nor detailed adequately.

India, like many other developing countries, is still in the process of preparing its data security and e-commerce legislation for a legal and regulatory system. As it is a powerful development tool, India needs a policy space to finalise laws about digital trade and data.

Implications on equitable access of data: Existing regulations on which the DFFT intends to base itself, such as uninhibited cross-border data flows, may be insufficient to resolve India's data access concerns and may further exacerbate the digital divide between countries.

The osaka track is outside the WTO framework, so it is seen as the developed countries attempt to sideline the process taking place under the WTO- work program on Electronic Commerce. o The WTO led Work Programme on Electronic Commerce covers trade-related issues

resulting from global e-commerce. Protecting privacy and public morality and preventing fraud, access to and use of public telecommunications transport networks and services, rules of origin, etc., are some of these issues.


On the basis of national security, India finds data localization important in order to prevent foreign surveillance and attacks. The DFFT could undermine India's rules on data localization. o For instance, the Reserve Bank of India directive requires payment companies to localise

financial data. Also, the Personal Data Protection Bill, 2019 places certain restrictions on transfer of data outside India.

Way Forward Encouraging engagements on WTO: Any data flow reforms must comply with the core WTO principles of consensus based decision making, multilateral agreed rules and the impartial and independent functioning of the dispute settlement body. Providing adequate support to developing nations: To facilitate a level playing field in the digital economy and to take equitable advantage of data free flows, capacity constraints in developing countries need timely support for training and the creation of a digital infrastructure. Some principles and policies that can be followed to strengthen existing data frameworks:

Placing the firms accountable for managing data they collect, regardless of where it is stored or processed. It will enable local accountability and interoperability.

Develop an accountability based strategy to ensure that in response to requests for data from financial regulatory authorities, businesses give timely access to data.

Revising inefficient processes and outdated legal agreements that govern law enforcement requests for access to data stored in another country’s jurisdiction.

Establishing international rules for transparency, settling jurisdictional issues and increasing cooperation and coordination of law enforcement cross-border requests.

Developing an international legal and administrative frameworks to prevent illegal distribution and use of unlicensed data.

Supporting and developing comprehensive encryption for securing data flows and digital technologies in cross-border transactions.

Conclusion: Given the critical role played by data as an enabler of economic growth, development and social well-being, core values and fundamental principles such as non-discrimination, inclusiveness, recognition of special and differential treatment and consensus-based decision making must be preserved in any reforms related to cross-border data flows.


4. India-central Asia Dialogue Why in News? The 2nd session of the India-Central Asia Dialogue was recently held in digital video conference format with the participation of five central asian countries. Highlights of the meeting The Joint Statement released collectively by the Foreign Ministers highlighted following key points-

Emphasis on the need to continue close cooperation against COVID-19 pandemic.

Condemnation of terrorism in all its forms and manifestations.

Extension of support for a united, sovereign and democratic Republic of Afghanistan. India’s interests in the Central Asia

Mineral resources: There are plentiful mineral resources in Central Asian countries, such as petroleum, natural gas, antimony, aluminium, gold, silver, coal and uranium, which can help India maintain energy stability. Kazakhstan has the largest reserves of uranium in the world, for instance.

Strengthening India’s role in Afghanistan’s peace process: India has always advocated that the Afghan conflict be resolved on the basis of the concept of an Afghan-led, Afghan-owned and Afghan-controlled peace process, which can be facilitated by the assistance of Central Asian countries.

Connectivity: In the centre of the Eurasian continent, Central Asia is situated and can help India achieve connectivity to Europe. To grow its transit and transport capacity through regional and international transport corridors such as the International North-South Transport Corridor, the region is important for India (INSTC).

Economic opportunities: Central Asia is a major consumer market for a variety of products and services, including IT services, tourism, tea, pharmaceuticals, etc., which can be provided by India.

Role in regional peace and stability: Due to regional proximity and impact on India's overseas projects such as the TAPI pipeline, instability in the region can have wide ranging consequences for India.

Some of the region's critical problems include terrorism and radicalization with the presence of terrorist safe havens, networks, infrastructure and sources of funding.

This region also faces the threat of Weapons of Mass destruction as this region remains highly vulnerable to the smuggling of fissile material for WMD.

These central countries are also used as conduits for the illegal drug smuggling by the drug mafias,since this region is situated near to the ‘Golden Crescent’ of opium production (Iran-Pak-Afghan).

Challenges in developing robust relations:

Growing influence of China in Central Asia: The One Belt and Road Initiative (BRI) of China appears to be a credible challenge to India's goal of resolving connectivity issues with Central Asia in order to ensure stronger economic-political links.

Lack of accessibility: India does not share physical borders with any of the Central Asian nations, and India's connectivity and trade prospects are further complicated by the unpredictable situation in Afghanistan, the effect of US-Iran tensions on regional connectivity projects and India's antagonistic ties with Pakistan.

Domestic challenges faced by the region: The rise of religious extremism, oppressive regimes, terrorism, unresolved conflicts, etc is a threat in itself to the advancement of the economic interests of India.


Way forward

To develop its Central Asian relationship, India should exploit historical, cultural and civilizational links, as well as historically close people-to-people contacts.

India-Central Asia Business Council (ICABC) can help foster business relations, facilitate greater understanding of taxation, business regulations in the countries of India and Central Asia, and encourage trade, business and investment, especially in the small and medium-sized business sector.

India has the opportunity to actively participate in the economic reconstruction of Afghanistan through Central Asia countries assistance, including through the implementation of infrastructure, electricity, transit and transport projects.

In order to develop trade and transport communications with Central Asian markets, India can use the Chabahar port in Iran effectively.

Conclusion There are a multitude of common problems facing India and Central Asia, including terrorism, extremism, drug trafficking and other issues. In their developmental path, all these commonalities make them natural partners and call for greater cooperation in the regional and global arenas.


5. World Food Programme Why in News? The World Food Programme (WFP) was awarded the 2020 Nobel Peace Prize for its efforts to combat hunger, improve the conditions for peace in conflict-affected areas and prevent the use of hunger as a weapon of war and conflict." WFP and its achievements

Founded in 1961, the WFP is an intergovernmental organisation and the largest UN entity working to achieve the SDG target of eradicating hunger (Goal 2) by 2030.

It is officially the largest humanitarian agency in the world that battles hunger. In emergencies, it offers food aid and works with communities to enhance nutrition and create resilience.

Each year at an approximate average cost per ration of $0.61, the WFP distributes more than 15 billion rations, and two-thirds of its work is in conflict-affected countries where people are three times more likely to be undernourished than other nations.

It plays a key role in the battle against the use of hunger as a tool of war and conflict by multilateral cooperation, and in making food security an instrument of peace.

The WFP publishes a Hunger Map that displays the prevalence of undernourishment in each country's population in order to monitor the state of global hunger and help increase operational efficiency.

WFP and India

The WFP has been working in India since 1963.

It provides policy input, advocacy and technical assistance to increase access to food, in addition to focusing on improvements of the Targeted Public Distribution System. o Some unique initiatives such as the Automatic Grain Dispensing Machine (Annapurti) and

Mobile Storage Units have been proposed by the WFP for the effective implementation of TPDS.

A MoU with the Uttar Pradesh State Rural Livelihood Mission to provide technical assistance for the establishment of supplementary nutrition development units was signed during the current COVID pandemic.


6. United Nations Human Rights Council Why in News? Recently Pakistan re-elected to the UN Human rights council despite opposition from advocacy groups and human rights activists over Pakistan abysmal human rights records. United Nations Human Rights Council

The UN Human Rights Council (Council or HRC) was created in 2006 by resolution 60/251 of the UN General Assembly (UNGA). Under the United Nations (UN) framework, it is the principal intergovernmental body responsible for improving the promotion and protection of human rights around the world, and for discussing and taking action on human rights abuses around the world.

The Human Rights Council replaced the former United Nations Commission on Human Rights.

The Council consists of 47 Member States that are elected by a simple majority vote, by secret ballot, by the UN General Assembly. The members of the Council shall be elected on a three-year basis and one third of the members shall be renewed annually.

Council membership is based on equitable geographical distribution of seats.

All U.N. members are eligible to run for a seat on the Council.

It holds three regular sessions a year for a period of at least ten weeks and can call special sessions to respond quickly to emergencies and thematic situations in the world.

Its decisions, resolutions, and recommendations are not legally binding. Importance of HRC

Assessing the human rights records of all UN Member States every four and a half years through the Universal Periodic Review.

Appointing independent experts (known as 'Special Procedures') in specific countries to investigate human rights abuses and to analyse and further the global human rights issues.

Examining complaints from victims of human rights violations or activist organizations on behalf of victims of human rights violations.

Promote education and learning in the field of human rights, as well as consulting services, technical assistance and capacity building, to be provided with the consent of the Member States in consultation with them.

Serve as a forum for dialogue on thematic issues on all human rights.

Make recommendations to the General Assembly for the further development of international law in the field of human rights.

Promote the full enforcement of the human rights obligations performed by States and follow-up to the priorities and agreements of the United Nations conferences and summits concerning the promotion and protection of human rights.

Issue with UNHCR 1. Membership Criteria: Candidates are committed to the highest standards of human rights, and

states should take into account the human rights record of the candidate when voting. These two laws are essentially unenforceable.For eg, the US wanted only "democratic nations" to be eligible. Adoption of such a criterion would lead to the controversy on the definition of "democracy" and would appear to emphasise civil and political rights over economic, social and cultural ones.

2. Geographical quota system: Many times, countries have run undisputed after regional groups have nominated the exact number of countries needed to fill Council vacancies. Many experts claim that such circumstances restrict the number of options and ensure that nominees are elected regardless of their human rights record.

3. Tainted democracies: Most of the members elected in HRC have poor records in certain civil and political rights criteria, such as press freedom.


4. Secret Ballot System: Some Council observers have expressed concern that the Council's closed elections in the General Assembly may make it easier for countries with dubious human rights records to be elected to the Council. To resolve this issue, some experts and policy makers have suggested that open ballots be required in Council elections to keep countries publicly accountable for their votes.

5. Politicisation of the HRC: As the members of the Human Rights Council are representatives of their governments, the Human Rights Council is, like its predecessor, a highly politicised body. Governments are political institutions, so any organisation made up of government members is inevitably also political. States usually vote in favour of their national interests rather than the interests of human rights.

Conclusion Human rights are also described as an essential foundation of the United Nations. More needs to be done to ensure that the Council's practical results are a catalyst for reform, especially at the national level, where most changes to the security of human rights need to be made.

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