Skip to main content

EU-India trade: Call to include 'strong' human rights clause, suspension mechanism

By A Representative
While recent reports on the European Union (EU) resolution on the controversial Citizenship Amendment Act (CAA), quoting EU officials, seek to suggest that EU is “keener” on concluding trade and investments agreements with New Delhi than discussing Kashmir and the contentious Citizenship Amendment Act (CAA), a closer look at the draft resolution, proposed to be taken up for discussion in March 2020, appears to point towards something totally different.
The resolution, while condemning India’s stance on Kashmir and CAA, “urges the EU and Member States to raise the controversial new citizenship legislation in their contacts and negotiations with their Indian partners, and insists that any EU trade agreement with India should include a strong human rights clause with an effective implementation and suspension mechanism.”
A vote on the resolution has been postponed following a decision by members of European Parliament (MEPs) at its plenary session in Brussels on January 29 to the March session because it was found necessary to wait for the legal process on CAA in India to conclude. The reason given was, the Supreme Court was looking into the matter, hence it would be better to vote on the resolution “when there is full clarity on the situation.”
Specifically underlining that the situation in Kashmir and CAA should be looked at against the backdrop of “trade negotiations… underway between the EU and India”, expresses what it calls “deep concern at the fact that India has created the legal grounds to strip millions of Muslims of the fundamental right of equal access to citizenship”, adding, EU is “concerned that the CAA could be used, along with the National Register of Citizens, to render many Muslim citizens stateless.”
The resolution says, the Government of India is obliged, under the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, “to protect the existence and identity of religious minorities within their territories and to adopt appropriate measures to ensure that this is achieved”, adding, “people belonging to minority groups, including religious minorities” should be allowed to “exercise their human rights without discrimination and in full equality before the law.”
“Strongly” condemning India’s “violation of these internationally recognised principles”, the resolution calls on the “Government and Parliament of India to demonstrate their expressed commitment to fully guaranteeing the protection of refugees and migrants, irrespective of their religion”, urging “the Indian authorities to engage constructively with the protestors and consider their demands to repeal the discriminatory CAA.”
The resolution declares “solidarity with the national strike held on January 7”, noting that “over 250 million workers have taken to the streets to protest for social security for all, against the privatisation of public companies, and against the CAA”, even as condemning “the excessive force in the crackdown on protests.”
EU draft seeks prompt and impartial investigation into allegations of torture and ill-treatment of peaceful protestors
Insisting that “citizens have the right to protest”, it calls upon “the Government of India to establish a credible, independent investigation into allegations of excessive use of force and violence by law enforcement officials against demonstrators.”
It further calls upon the “Indian authorities to stop the criminalisation of protests, to lift the disproportionate restrictions on the rights to freedom of expression and peaceful assembly, to end the indiscriminate shutdowns and to ensure the protection of all human rights”, adding, it “condemns the torture and detention of minors and peaceful protestors and the imprisonment of those critical of the authorities.”
At the same time, the resolution calls upon the EU and Member States “to condemn all violence in the context of the ongoing protests against the CAA, including the alleged killing of protestors by law enforcement officials, and all incidents of excess use of force by the police, some of which have been verified by Amnesty International India.”
Asking the Indian authorities to “launch a prompt and impartial investigation into the allegations of torture and ill-treatment of peaceful protestors”, the resolution wants “the EU and its Member States to use all bilateral and multilateral meetings to urge the Indian authorities to open up to a constructive human rights dialogue and to end the crackdown on individuals and organisations working on human rights”.

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...