India's Commitment to UN Peacekeeping
Context: Recently, the Indian Army commemorated the 75th International Day of United Nations (UN) Peacekeepers on 29th May (which was designated by the UN General Assembly) at the National War Memorial in New Delhi.
- Theme 2023: 'Peace begins with me'.
- This day holds significance as it marks the anniversary of the first UN peacekeeping (UNPK) mission in 1948.
- Additionally, India unveiled plans to conduct two initiatives later in 2023, specifically designed to train women personnel from South East Asia, as part of their collaboration with ASEAN in the defence sector.
What is India-ASEAN Initiative for Women in UNPK operations?
- The 'India-ASEAN Initiative for women in UNPK operations' refers to a collaborative effort between India and the Association of Southeast Asian Nations (ASEAN) to promote the participation of women in UNPK operations.
- This initiative focuses on providing training and support to women personnel from ASEAN member-states who are interested in serving as peacekeepers.
Under this initiative, India has announced two specific initiatives:
- Specialized courses at the Centre for United Nations Peacekeeping (CUNPK) in New Delhi. These courses will offer targeted training in peacekeeping operations to women peacekeepers from ASEAN countries.
- The aim is to equip them with the necessary skills and knowledge to effectively contribute to UNPK missions.
- Table Top Exercise for women officers from ASEAN. This exercise will simulate various scenarios and challenges faced by UN peacekeepers, allowing participants to enhance their understanding and preparedness for UNPK operations.
What is UN Peacekeeping?
About:
- UN Peacekeeping is a vital tool employed by the United Nations to help countries navigate the path from conflict to peace.
- It involves the deployment of military, police, and civilian personnel to regions affected by conflicts or political instability.
- The primary objective of UN Peacekeeping is to facilitate peace and security, protect civilians, and support the restoration of stable governance structures.
- It brings together the UN General Assembly, the UN Security Council, the Secretariat, troop and police contributors and the host governments in a combined effort to maintain international peace and security.
First Mission:
- The first UN peacekeeping mission was established in May 1948, when the UN Security Council authorized the deployment of UN military observers to the Middle East to form the United Nations Truce Supervision Organization (UNTSO) to monitor the Armistice Agreement between Israel and its Arab neighbours.
Mandates:
The mandates vary from operation to operation, but they generally include some or all of the following elements:
- Monitoring ceasefires, peace agreements, and security arrangements.
- Protecting civilians, especially those at risk of physical harm.
- Facilitating political dialogue, reconciliation, and supporting elections.
- Building rule of law, security institutions, and promoting human rights.
- Delivering humanitarian aid, supporting refugee reintegration, and promoting environmental sustainability.
Principles:
Consent of the Parties:
- Peacekeeping operations require the consent of the main parties involved in the conflict.
- Without consent, a peacekeeping operation risks becoming a party to the conflict and deviating from its peacekeeping role.
Impartiality:
- Peacekeepers should maintain impartiality in their dealings with the parties to the conflict.
- Impartiality does not mean neutrality; peacekeepers should actively execute their mandate and uphold international norms.
Non-use of Force except in self-defence and defence of the mandate:
- Peacekeeping operations should refrain from using force, except when necessary for self-defence and protection of their mandate.
- "Robust" peacekeeping allows the use of force with Security Council authorization and consent from the host nation and parties involved.
Achievements:
- Since its inception in 1948, UN Peacekeeping has played a crucial role in ending conflicts and promoting reconciliation in numerous countries.
- Successful peacekeeping missions have been carried out in places like Cambodia, El Salvador, Mozambique, and Namibia.
- These operations have made a positive impact on restoring stability, enabling the transition to democratic governance, and fostering economic development.
What are India's Contributions in UN Peacekeeping?
Troop Contribution:
- India has a rich legacy of contributing to UN Peacekeeping operations. It is one of the largest troop-contributing countries, with a history of deploying soldiers, medical personnel, and engineers to various peacekeeping missions worldwide.
- India has contributed approximately 2,75,000 troops to peacekeeping missions so far.
Casualties:
- Indian Army soldiers have made significant sacrifices while serving in UN Peacekeeping Missions, with 179 soldiers losing their lives in the line of duty.
Training and infrastructure:
- The Indian Army has established the Centre for United Nations Peacekeeping (CUNPK) in New Delhi.
- This center provides specialized training for more than 12,000 troops every year in peacekeeping operations, hosting national and international courses for potential peacekeepers and trainers.
- CUNPK plays a crucial role in sharing best practices and enhancing the capacity of peacekeepers.
Women in Peacekeeping:
- India has taken proactive measures to promote gender equality in peacekeeping operations.
- India has deployed Female Engagement Teams in United Nations Organization Stabilization Mission in the Democratic Republic of the Congo and United Nations Interim Security Force for Abyei, which is the second largest women contingent after Liberia.
- India has also deployed Women Military Police in United Nations Disengagement Observer Force and women staff officers and military observers in various missions.
Hunger Hotspots: FAO-WFP
Context: According to a recent Report by Food and Agriculture Organization (FAO) and World Food Program (WFP) Hunger Hotspots – FAO-WFP early warnings on acute food insecurity, India’s neighbors, Pakistan, Afghanistan and Myanmar, are among the hunger hotspots in the world.
What are the Highlights of the Report?
Hot Spots with Very High Concern:
- There are 18 areas in 22 countries where acute Food Insecurity may increase in magnitude and severity.
- Pakistan, the Central African Republic, Ethiopia, Kenya, the Democratic Republic of the Congo and the Syrian Arab Republic are hotspots with very high concern.
- All these hotspots have a high number of people facing critical acute food insecurity, coupled with worsening drivers that are expected to further intensify life‑threatening conditions in the coming months.
Countries at Highest Concern Level:
- Afghanistan, Nigeria, Somalia, South Sudan and Yemen remain at the highest concern level.
- Haiti, the Sahel (Burkina Faso and Mali) and the Sudan have been elevated to the highest concern levels; this is due to severe movement restrictions of people and goods in Haiti, as well as in Burkina Faso and Mali, and the recent eruption of Conflict in Sudan.
Expected to Face Starvation:
- All the hotspots at the highest level have populations facing or projected to face starvation, or are at risk of deterioration towards catastrophic conditions, given they already have critical food insecurity and are facing severe aggravating factors.
New Emerging Conflicts:
- New emerging conflicts, in particular the eruption of conflict in the Sudan, will likely drive global conflict trends and impact several neighbouring countries.
- The use of explosive ordnance and siege tactics in several hunger hotspots continues to push people into catastrophic levels of acute food insecurity.
Weather Extremes:
- Weather extremes, such as heavy rains, tropical storms, Cyclones, Flooding, Drought and increased climate variability, remain significant drivers in some countries and regions.
- The May 2023 forecast suggests an 82 % likelihood of El Niño conditions starting in the May–July 2023 period, with significant implications for several hunger hotspots.
Economic Shocks:
- Deepening economic shocks continue to drive low- and middle-income nations deeper into crisis.
What are the Recommendations?
- Urgent humanitarian action is needed to save lives and livelihoods and prevent starvation and death in hotspots where acute hunger is at a high risk of worsening from June to November 2023.
- Continuous monitoring of forecasts and their impact on production remains critical.
- Urgent and scaled-up assistance is required in all 18 hunger hotspots to protect livelihoods and increase access to food.
- This is essential to avert a further deterioration of acute food insecurity and malnutrition.
- In the hotspots of highest concerns, humanitarian actions are critical in preventing further starvation and death.
What is the Food and Agriculture Organization?
About:
- FAO is a specialised agency of the United Nations that leads international efforts to defeat hunger.
- World Food Day is celebrated every year around the world on 16th October. The day is celebrated to mark the anniversary of the founding of the FAO in 1945.
- It is one of the UN food aid organisations based in Rome (Italy). Its sister bodies are the World Food Programme and the International Fund for Agricultural Development (IFAD).
Initiatives Taken:
- Globally Important Agricultural Heritage Systems (GIAHS).
- Monitors the Desert Locust situation throughout the world.
- The Codex Alimentarius Commission or CAC is the body responsible for all matters regarding the implementation of the Joint FAO/WHO Food Standards Programme.
- The International Treaty on Plant Genetic Resources for Food and Agriculture was adopted by the Thirty-First Session of the Conference of the FAO in 2001.
Flagship Publications:
- The State of World Fisheries and Aquaculture (SOFIA).
- The State of the World's Forests (SOFO).
- The State of Food Security and Nutrition in the World (SOFI).
- The State of Food and Agriculture (SOFA).
- The State of Agricultural Commodity Markets (SOCO).
What is the World Food Programme?
- The WFP is the leading humanitarian organization saving lives and changing lives, delivering food assistance in emergencies and working with communities to improve nutrition and build resilience.
- It was founded in 1961 by the FAO and United Nations General Assembly (UNGA) with its headquarters in Rome, Italy.
- It is also a member of the United Nations Sustainable Development Group (UNSDG), a coalition of UN agencies and organizations aimed at fulfilling the Sustainable Development Goals (SDGs).
- The international community has committed to end hunger, achieve food security and improve nutrition by 2030.
- WFP works in over 120 countries and territories to bring life-saving food to people displaced by conflict and made destitute by disasters.
76th Annual World Health Assembly
Context: Recently, the 76th annual World Health Assembly was held at World Health Organization (WHO) Headquarters(HQ), Geneva, Switzerland, from 21st to 30th May 2023.
- The theme for 2023 is "WHO at 75: Saving lives, driving health for all."
- The participation of Prime Minister Narendra Modi and Union Health Minister in the 76th World Health Assembly highlighted India's commitment to global health.
- Taiwan was excluded from the WHO assembly due to opposition from China and Pakistan.
What is the World Health Assembly?
About:
- The World Health Assembly (WHA) is WHO’s decision-making body attended by delegations from all of WHO’s member states.
- It is held yearly at the HQ of WHO, i.e., Geneva, Switzerland.
Functions of WHA:
- Deciding on Organization’s policies.
- Appointment of the Director-General of WHO.
- Administration of financial policies.
- Review and approval of the proposed programme budget.
What are the Key Highlights?
Global Plan for Indigenous Health:
- Draft resolution accepted for developing a Global Plan of Action for the Health of Indigenous People.
- The plan will be considered at the 79th World Health Assembly in 2026.
- Consultation with indigenous peoples and their free, prior, and informed consent emphasized.
- Addressing challenges such as poverty, violence, discrimination, and limited access to healthcare.
- Focus on reproductive, maternal, and adolescent health, vulnerable situations.
- Members were urged to collect ethical data to identify specific requirements of indigenous people.
- Aimed at improving the health and well-being of indigenous populations.
Global Alliance for Drowning Prevention:
- Global Alliance for Drowning Prevention was established during the 76th WHA meeting.
- Aims to address global public health concerns related to drowning by 2029.
- WHO to coordinate action and prepare a global status report on drowning.
- Drowning has a significant impact on the world's poorest populations.
- Over 90% of drowning deaths occur in low- and middle-income countries.
- Official global estimate of drowning deaths may be significantly underestimated as they exclude drownings attributable to flood related climatic events and water transport incidents.
Draft Resolution on Chemicals, Waste, and Pollution:
- Draft resolution on chemicals, waste, and pollution impact accepted during 76th World Health Assembly.
- WHO urged to update Endocrine Disrupting Chemicals report with United Nations Environment Programme.
- Limited data on chemical exposures and health concerns highlighted.
- Resolution encourages regulatory frameworks, biomonitoring, and risk identification for chemicals of concern such as cadmium, lead, mercury etc.
- Concern over poor chemical waste management and long-term health effects are raised.
- Request for WHO report on human health implications and data gaps.
- Importance of data organization by sex, age, disability, and harmful substances.
WHO Program Budget:
- WHO member states agreed on a budget of 6.83 billion USD for 2024-2025, including a 20% increase in assessed contributions.
- Over the past few years, assessed contributions had declined, accounting for less than one-quarter of WHO's financing.
- Top contributors include Germany, Bill and Melinda Gates Foundation, US, UK, and European Commission.
- WHO's reliance on voluntary contributions raises governance concerns and affects sustained technical cooperation and goal achievement.
- Highlighted contributions that hinder the WHO's ability to provide effective technical cooperation and achieve the Triple Billion targets for improving health of all by 2023.
Note:
Triple billion Targets: The goals of the Triple Billions are simple and straightforward. By 2023, WHO proposes to achieve:
- 1 billion more people benefitting from universal health coverage
- 1 billion more people better protected from health emergencies
- 1 billion more people enjoying better health and well-being.
Replenishment Mechanism:
- Member states welcomed a new replenishment mechanism to provide flexible funding options for the WHO.
- Currently, the majority of WHO's funds come from specific voluntary contributions, leaving little flexibility for shifting funds as needed.
- The replenishment mechanism aims to raise voluntary contributions to cover the unfunded portion of WHO's base segment and ensure financial sustainability.
WHO Funding:
Assessed contributions:
- Calculated as a percentage of a country's gross domestic product.
- Account for less than 20% of the total budget of WHO
- Approved every two years at the World Health Assembly.
Voluntary contributions:
- Account for more than three quarters of the Organization's financing.
- Come from Member States and other partners.
- Further categorized based on flexibility:
Core voluntary contributions (CVC):
- Fully unconditional and flexible, representing 4.1% of all voluntary contributions.
- Thematic and strategic engagement funds:
- Partially flexible, representing 7.9% of all voluntary contributions in 2020-2021.
Specified voluntary contributions:
- Tightly earmarked to specific programmatic areas and/or geographical locations, representing 88% of all voluntary contributions.
Pandemic Response Funding:
- WHO receives additional funding from various sources in response to global health emergencies, including pandemics.
- The Covid-19 Solidarity Response Fund was established during the COVID-19 pandemic to receive contributions from governments, organizations, and individuals.
India’s Participation:
- Emphasized the importance of collaboration and resilient global health systems.
- Highlighted India's contribution of 300 million COVID-19 vaccine doses to over 100 countries.
- Stressed the significance of traditional systems like Yoga and Ayurveda.
- Mentioned the establishment of WHO's Global Centre for Traditional Medicine in India.
- Supported the G20 theme of 'One Earth, One Family, One Future'.
- Shared India's achievements in healthcare and the Ayushman Bharat scheme.
- Expressed willingness to support WHO in low and middle-income countries.
- Highlighted India's contributions in Medical Value Travel and commitment to Tuberculosis elimination.
- Emphasized the 'Heal by India' initiative, promoting AYUSH treatments globally.
- Stressed the importance of inclusive growth and healthcare for all.
Article 299 of the Constitution: Government Contracts
Context: The Supreme Court (SC) of India recently clarified the legal provisions surrounding government contracts made under the President's name.
- In a case involving Glock Asia-Pacific Limited and the Centre, the court ruled that contracts entered into in the name of the President of India cannot grant immunity from statutory prescriptions.
- The ruling sheds light on the interpretation of Article 299 of the Constitution and its implications for government contracts.
What are Government Contracts?
About:
- Government contracts are contracts undertaken by the government for various purposes such as construction, management, maintenance, repairs, manpower supply, IT-related projects, etc.
- Government contracts involve the central government or a state government, or a government body as one party and a private individual or entity as the other party.
- Government contracts have to comply with certain formalities and safeguards as prescribed by Article 299 of the Constitution of India.
- Government contracts are subject to public scrutiny and accountability and are governed by the principles of fairness, transparency, competitiveness, and non-discrimination.
Requirements for Government Contracts:
- The contract must be expressed to be made by the Governor or the President.
- It must be executed in writing.
- The execution should be done by persons and in a manner directed or authorized by the Governor or the President.
What is Article 299 of the Constitution?
About:
- Article 299 of the Constitution deals with the manner and form of contracts made by or on behalf of the government of India or any state government.
Origin:
- The government had been entering into contracts even in the pre-independence era.
- The Crown Proceedings Act of 1947 played a role in shaping Article 299.
- The Crown Proceedings Act specified that the Crown could not be sued in court for a contract it entered.
Purpose and Object:
- Article 299 outlines the manner in which contracts made in the exercise of the executive power of the Union or a State shall be expressed and executed.
- It aims to establish a specific procedure to safeguard public funds and prevent unauthorized or illegitimate contracts.
Expression and Execution:
- According to Article 299(1), contracts must be expressed in writing and executed by a person duly authorized by the President or the Governor on their behalf.
Immunity of the President/Governor:
- While Article 299(2) states that the President or the Governor cannot be personally held liable for contracts, it does not grant immunity to the government from the legal provisions of the contract.
- The government (Union or states) in India can be sued for torts (civil wrongs) committed by its officials.
What is the SC Court's Ruling?
Case Background:
- Glock Asia-Pacific Limited filed an application against the Centre regarding the appointment of an arbitrator in a tender-related dispute.
- The government objected to the appointment of a retired Delhi High Court judge as the arbitrator, citing a tender condition that required an officer from the Law Ministry to act as the arbitrator.
Court's Interpretation:
- The Supreme Court held that the arbitration clause, allowing a government officer to resolve the dispute as an arbitrator, conflicted with Section 12(5) of the Arbitration and Conciliation Act, 1996.
Relevance of Article 299:
- The court emphasized that Article 299 only pertains to the formalities of binding the government with contractual liability, not the substantive laws governing contractual liability.
What are the Other Judgements Related to Article 299?
State of Bihar v Majeed (1954):
- SC ruled that a Government Contract has to comply with the provisions of Article 299 in addition to the requirements of the Indian Contract Act, such as offer, acceptance, and consideration.
- The contractual liability of the Central or State Government is the same as that of any individual under the ordinary law of contract, subject to the formalities prescribed by Article 299.
Mrs. Aliakutty Paul vs The State of Kerala and Ors (1995):
- A tender of the contract for construction of a bridge was accepted by the Executive Engineer, but he did not sign it in the name of the Governor, it cannot be said that there is a valid contract in conformity with Article 299 of the Constitution.
- The decision explains the rationale and scope of Article 299 of the Constitution and emphasizes that its provisions are enacted for safeguarding the government against unauthorized contracts.