11 Oct 2022: UPSC Exam Comprehensive News Analysis

E. Editorials

Category: INTERNATIONAL RELATIONS

1. Russia’s continued defiance of international law

Syllabus: Effect of Policies & Politics of Developed & Developing Countries on India’s Interests.

Mains: International laws against annexation

Context: Russia annexed four territories in Ukraine controlled by the Russian Army.

Condemnation of Russia’s Invasion of Ukraine:

• 141 countries adopted a resolution in the United Nations General Assembly (UNGA) in March 2022 that demanded Moscow’s withdrawal from Ukraine unconditionally and immediately. However, it should be remembered that UNGA resolutions are not binding.
• Similarly, the International Court of Justice (ICJ) gave a provisional ruling in March ordering Russia to suspend the military operations in Ukraine. This was a consequence of Ukraine’s application to ICJ. The rulings of the ICJ are binding, but Russia did not comply with the decision.
• Under international humanitarian laws, Russian troops are accused of engaging in war crimes.
• To protect its sovereignty, Ukraine has used all possible international measures like the International Criminal Court, the ICJ, and the European Court of Human Rights against Moscow.
• Despite all these global condemnations, Russia continues to use illegal military offensive against Ukraine.

For more information on the Russia-Ukraine Conflict, read here: Russia – Ukraine Conflict

Annexations by Russia:

• Donetsk, Kherson, Luhansk, and Zaporizhzhia are the four regions of Ukraine that have been recently annexed by Russia. Moscow claims that a referendum was conducted in these four regions and on the basis of that they were occupied by Russia.
• However, it is unlikely that the referendum constitutes the popular will of the people of the regions because they were conducted in the regions that are already under the occupation of Russia. 
• To justify the legitimacy of the annexation to its citizens, Russia used Article 1 of the UN Charter. Specifically, the right of self-determination of the people was referred to under its ambit.
• The self-determination right is also facilitated in Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
• The right of self-determination in international laws is often debatable and it should be read with Article 2 of the UN Charter. 
  • Article 2 consists of the principle of non-intervention as a core principle of the UN.
  • Furthermore, the principle of self-determination has been more aligned with the context of decolonization instead of the annexation of new territories ever since it was drafted.
• Belligerent occupation – According to international law, Moscow’s control over the Ukrainian areas, before holding referendums is called belligerent occupation. The Hague Convention 1899 contains the rules regarding it.
  • The Hague Convention was the first treaty that contains the laws of war.
• As per Article 43 of the Convention,  if “the authority of the legitimate power over territory” has “passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and ensure public order and safety”. Moreover, the occupant should “respect, unless absolutely prevented”, the domestic laws of the country where the territory belongs.
• Russia’s decision to merge the four Ukrainian territories with itself has violated Article 43, as it clearly states that Russia (occupier) only has ‘authority’ and no ‘sovereignty’ over these occupied territories. And any change in the status from ‘authority’ to ‘sovereignty’ should happen with the consent of Ukraine. 
• Russia is also bound to retain the laws of Ukraine in the four occupied regions. However, Russian laws are being currently applied there.

For more information on the annexation of regions, read here: 1 Oct 2022: UPSC Exam Comprehensive News Analysis

Nuclear Threat:

• There is a threat of the use of nuclear weapons in the Russia-Ukraine war. This has been highlighted in the speech of the Russian President.
• Moreover, Russia and Ukraine have not signed the Treaty on the Prohibition of Nuclear Weapons.
• The UN Charter can be used to deal with nuclear threats. It consists of the right of individual and collective self-defence. This implies that in case of a nuclear attack, both Ukraine and its allies can launch a counter-attack on Russia citing collective self-defence. 
• The Charter also empowers the United Nations Security Council to take action against the perpetrator in the case of a threat of force. The UNSC can initiate action under Chapter VII of the Charter against the Russian threat statement.
• But it should also be remembered that this might not be that effective as Russia has Veto power as a Permanent member of the UNSC.

Way Ahead:

It is important to articulate international laws, especially at this time when it is being violated by many countries. The importance of these laws cannot be diminished and instead should be emphasised by other countries.

Nut Graf: Even though there are multiple international laws that are being invoked against the Russian invasion of Ukraine, they have not been able to create an effective restraint on Russia’s military offensive in Ukraine.

Category: INDIAN ECONOMY

1. Building resilient mineral supply chains

Syllabus: Indian industries and mineral reserves.

Mains: Mineral supply chains.

Context: Building resilient supply chains of mineral reserves for clean energy supply and technologies.

Details:

• There are widespread concerns regarding the availability and price of oil and gas in the backdrop of the Ukraine crisis. Moreover, the nascent and fragile clean energy supply chains also restrict the countries’ intentions to reduce fossil fuel dependence.
• There is rising inflation due to the volatile oil and gas prices, which further hampers the macroeconomic stability and growth of India. 
• It has thus become important to secure key minerals like cobalt, nickel, lithium, and rare earth metals for building a resilient clean energy technology supply chain.

For more information on strategic minerals, read here: Strategic Minerals: Definition and Importance in India

Associated Challenges:

• The mineral reserves are usually concentrated in geopolitically sensitive regions or poor-performing regions in terms of ease of doing business. 
• Considerable production regions are controlled by geostrategic competitors. For instance, China controls cobalt-rich regions in the Democratic Republic of Congo through direct equity investments and Belt and Road Initiative(BRI). 
• Moreover, future mine production is usually tied up in advance offtake agreements by buyers from other nations.

Remedial Measures:

The government of India has set up Khanij Bidesh India Limited (KABIL) in 2019 to source and secure strategic minerals for the Indian market. CEEW study has provided the following suggestions in this regard:

• Estimate the mineral requirements of the domestic industry. For this, a task force should be constituted consisting of members from the ministries of power, new and renewable energy, science and technology, and heavy industry. 
• Five-year plans with specific targets for indigenous manufacturing and deployment of clean energy technology should be created to provide a vision to the investors. 
• Additionally, mineral quantities required for indigenous manufacturing should also be determined.
• KABIL should collaborate with the domestic industry to leverage its market intelligence capabilities to track global supply-side developments. It is also important to coordinate with the industry for determining the strategic interventions of the government in this direction.
• Developing a detailed blueprint of available and committed production capacities and economy-wide and sector-specific policy interventions is a crucial step for having an informed perspective on mineral supply. 
• The involvement of the private sector should also be encouraged in case of conducive geography and adequate availability.
• KABIL can pre-emptively sign offtake agreements with global mineral suppliers in case of inadequate investment opportunities. This would help in securing future production. Back-to-back sales agreements should also be signed with the domestic industry under preferential terms for large-scale centralized procurement.
• Indian government should also explore the possibility of jointly investing in mining assets with geostrategic partners. Government-to-government partnerships can be leveraged to mitigate investment risks. The Ministry of External Affairs can initiate conversations with partner countries like the Quad countries for building resilient clean energy supply chains.
• It is also important to support technologies that use domestically available minerals. For instance, sodium-ion batteries can reduce the requirements for importing minerals from other countries. Co-development of technologies using local materials can also be considered in collaboration with geostrategic partners.
• It is also crucial to formulate urban mining policies that are aimed to recycle minerals that have outlived their productive life. 

Also read: More on KABIL in PIB dated 3rd January 2022.

Nut Graf: To secure and build a resilient supply chain for strategic minerals, India should consider various measures. This would ensure a robust and sustainable clean energy system for the future.

Category: GOVERNANCE

1. Indian prisons are stretched to their limits

Syllabus: Issues arising out of design and implementation of policies.

Mains: High occupancy rate of Indian prisons.

Context: The Border Security Force (BSF) is handing over illegal migrants from Bangladesh.

Details:

• To reduce pressure on the overflowing prisons, Border Security Force (BSF) is handing over illegal migrants from Bangladesh.
• According to 2021 data, approximately 5.54 lakh people are lodged in Indian prisons against an overall capacity of around 4.25 lakh, implying that the occupancy rate in Indian prisons stands at 130%.
• The capacity has increased 27% from around 3.32 lakh to nearly 4.25 lakh during the last decade, but the number of prisoners has exceeded by 48% from 3.7 lakh to approximately 5.54 lakh in a similar span. This resulted in an increased occupancy rate from 112% to 130%.
• The problem is severe in the three northern States/Union Territories namely Uttar Pradesh, Uttarakhand, and New Delhi. The occupancy rates in these regions reached 180% in 2021, which were in the range of 60-75% in the year 2011. 
• It was also observed that the occupancy rates increased in 26 out of 36 States and UTs. Moreover, it was more than 100% in 18 of them.

Occupancy rates of a few States/UTs in 2011 and 2021:

• The largest increase occurred in Delhi, where the occupancy rate surged from 60% to 183%. 
• A substantial decrease was observed in Chhattisgarh and Punjab (major states) where the occupancy rate declined by nearly 108%  and 51%, respectively.
• The largest foreign inmate population in India is from Bangladesh. Moreover, foreign inmates are usually lodged in the prisons of West Bengal. Even though there is a marginal dip in recent years, the share has remained above the 30% mark.
• The occupancy rates in the prisons of West Bengal have surged from 70% to 120% in the last decade.

Other Issues:

• Prison officer vacancies are also extremely high in many States. 
• The money spent on each prison inmate also varies considerably in different States. 
• In Bihar, Chhattisgarh, Jharkhand, and Uttarakhand more than 60% of officer positions were vacant. 
• In Madhya Pradesh, Maharashtra, Punjab, and Rajasthan, less than ₹20,000 was spent on each prison inmate in 2019-20.
• The following figure plots vacancy in 2019 against the money spent per inmate in rupees in 2019-20. 

Also read: Reforms in Criminal Justice System

Nut Graf: As per the National Crime Records Bureau and Prison Statistic reports, Indian prisons suffer from many problems, the significant ones being the high occupancy rates of prison and the vacancies of the prison staff. Authorities must take adequate measures to ease the burden on the prisons in India.