1 January 2015

Women need to thrive, not just survive

Instead of strengthening women’s rights in the Asia Pacific region and in the rest of the world, governments are whittling them away in some cases

There was one significant photograph missing in the lobby of the United Nations (UN) Economic and Social Commission for Asia and the Pacific (ESCAP) hall in Bangkok where an important regional review of the Beijing plus 20 goals was under way from November 17-20. While many women leaders in the region, including former Indian Prime Minister Indira Gandhi, were represented, Thailand’s first woman Prime Minister Yingluck Shinawatra, ousted in a military coup in May, didn’t find a place. The Thai Deputy Prime Minister for Social Affairs, Yongyuth Yuthavong, in his inaugural address, confessed to being the odd man out in a women’s meeting just a few years ago, but today the scene is different; there were more men in the room, he said. Yes, there are certainly more men for gender equality meetings now but there are also many elephants in the room.
Twenty years after the Beijing Declaration and 35 years after the Convention on the Elimination of All Forms of Discrimination against Women was adopted, some countries like Iran don’t recognise feminist organisations, Russia has a problem with sex education, India conveniently denies armed conflict and caste, and everyone is reluctant to acknowledge sexual rights for women, differences in sexual orientation and gender identity (SOGI).
As a result, the Asia Pacific ministerial declaration on gender equality and women’s empowerment, which was accepted in November, was a tame affair. Peace is inextricably linked with equality between men and women, according to one of the critical areas of concern in the Beijing Platform for Action. Yet only six countries in the region have development national action plans on women, peace and security. Survivors of armed conflict are still fighting for transitional justice with very little mechanisms in place for post-conflict situations and also for internally displaced persons. The Indian government, backed by Indonesia, managed to get the words ‘armed conflict’ out of the final declaration, the second important change it succeeded in making without much ado. That caste has deep implications, especially on women, was lost on the Indian government and it preferred the term ‘social origin’ instead; this was not opposed by any other country. The term ‘sexual orientation’ was replaced with ‘men and women in their diversity,’ angering activists who had fought for SOGI to be recognised.
A global concern
Two major UN meetings to review the Beijing Declaration and Sustainable Development Goals are coming up in 2015. Right from the Universal Declaration of Human Rights in 1948, gender equality has been a global concern. The Fourth World Conference on Women in Beijing in 1995 and the Declaration and Platform for Action set the global standard for promoting women’s issues.
Reviews by governments of the Beijing goals 20 years later reveal many shortcomings. The UN Secretary General’s campaign ‘Unite To End Violence Against Women’ cites data to show that 50 per cent of sexual assaults in the world take place against girls who are under 16 years of age, 603 million women live in countries where domestic violence is not considered a crime, between 15 and 76 per cent of women are targeted for physical and/or sexual violence in their lifetime, and 60 million girls are married before they are 18 years old.
On the positive side, a significant change in the last 10 years has been the increasing focus on involving men as partners in gender equality. The MenEngage programme and the HeforShe movement are some of the initiatives by UN Women to rope in men to speak up against violence and be partners rather than adversaries in the process. Many countries in the Asia Pacific region are only now conducting studies and coming up with policies. Nicolas Burniat, deputy representative at the Multi Country Office for the Pacific at UN Women, says, “There is a recognition that we need to spend much more energy on this issue. There is a broader community realisation that gender equality cannot be achieved without involving men and boys, and in the last ten years the region has seen laws passed against violence and for stronger political commitment.”
The Pacific Islands Forum Secretariat, one of the two intergovernmental bodies, elected a woman as a secretary general. The Pacific region, which has reported a high rate of violence against women, is now realising the power of its collective voice on gender.
Speaking in a collective voice
However, attitudes to violence in a region where communities are matriarchal are hampered by kinship ties. Abacca Anjain-Madisson, chief of the community division from the government of Marshall Islands, says even recognising that violence exists is a challenge. The first study of women and violence in the Islands reported that one in two women experienced partner violence and only ten per cent were able to seek help. When women complained to the police or the church or community leaders, it was found that the violence was related in “some way to their husbands and [the leaders] refused to take cognisance of complaints.” She added: “We are taking ownership of the data and will soon have a gender policy.”
Climate change impacts, the rights of indigenous people and the vulnerability of women emerged as major issues at the conference. Land grabbing by corporates and struggles over land ownership were also identified as critical areas. There is a recognition that the region can speak in a collective voice on gender just as it did on climate change as part of the Alliance of Small Island States, Mr Burniat said. Even while there is progress in addressing violence against women in the region, promoting leadership and political participation of women, improving gender parity in primary school net enrolment and attendance rates and parity in secondary school education, high rates of violence, lower work participation, and threats to health and maternal mortality also persist. Roberta Clarke, UN Women regional director, asks, “Why are we underachieving so consistently?” She called for a reaffirmation of political will and financial commitment to deal with gender inequality.
According to ESCAP, for every hundred employed men, there are only 62 employed women in the Asia Pacific region, the average wage gap is 10 to 30 per cent, and women are still concentrated in low-paid, low-status and low-skilled work. The Asia Pacific region’s child sex ratio, which is in favour of boys, is one of the highest in the world. As a result of this, gender-biased practices including prenatal sex selection exist. Yet, comprehensive sex education is nonexistent in many countries and the ministerial declaration took a retrograde step by not recognising the sexual rights of women, which was an important right contained in the Beijing Declaration. In 17 Asia Pacific countries, less than 10 cent of seats in Parliament are held by women.
As the world is looking to set new goals post 2015, financial and political commitments assume more importance than ever. Governments have to step up investment in gender equality and do more than recognise that it is an important area for improvement. As Laisema Ralika, an official from the Fiji Ministry of Education asks, “If it’s not now, then when?”
Women in the region and in the rest of the world are demanding their rights, already guaranteed to them in various global and national instruments of law. Instead of strengthening that, governments are whittling them away in some cases. “A very big part of the women’s agenda is that financing is the key to the post-2015 development goals and there is a need to step up existing commitments. Gender inequality is the scourge of the 21st century, and it is a systemic change that is called for,” says Noelene Nabulivou from Diverse Voices and Action for Equality. Women, as Marshallese poet Kathy Jetnil Kjiner aptly sums up, “need to do more than just survive, we deserve to thrive.”

Draft concept note on Sagar Mala Project



The Ministry of Shipping has put up a working
draft note on „Sagar Mala Project‟ on October
28, 2014.34
The project seeks to improve
economic development in the country through
port led development. The project would bring
development of all ports, connectivity through
waterways and economic development of coastal
regions under the ambit of a single project.
Key components of the project include:
 Port modernization: This includes (i)
transforming existing ports into world class
ports by modernization of port infrastructure
and existing systems, and (ii) enhancing the
capability of Port Community System.
 Efficient evacuation systems: These include
(i) incentivising freight transport through
coastal mode, and (ii) setting up a coastal
shipping promotion fund for the development
of coastal shipping.
 Coastal economic development:
Encouraging economic activity in coastal
regions by development of coastal economic
regions and promotion of coastal tourism.
Achievement of the above components will be
driven by two broad initiatives: (i) development
of coastal economic regions, and (ii) policies to
promote coastal shipping and operations in ports.
For the institutional framework, a Sagar Mala
Company will be established at the national level
and will be chaired by the Secretary (Ministry of
Shipping). To develop each coastal economicregion, a Special Purpose Vehicle would be
formed with equity participation from the
concerned state government and the Sagar Mala
Company. 

Parliament passes Delhi Special Police Establishment (Amendment) Bill, 2014


The Delhi Special Police Establishment(Amendment) Bill, 2014 was passed by Lok
Sabha on November 26, 2014 and by RajyaSabha on November 27, 2014. The Bill wasintroduced on November 25, 2014.20

The Bill amends the Delhi Special PoliceEstablishment Act, 1946. The Act constitutes aspecial police force to be called the Delhi SpecialPolice Establishment (also known as the Central
Bureau of Investigation or CBI). 
The Bill makesthe following two amendments:
Composition of the Committee: 
The Actprovides for a three member committee tomake recommendations to the central
government for appointment of the Directorof the CBI. The Committee comprises the
Prime Minister (Chairperson), the ChiefJustice of India or a Supreme Court judgenominated by him, and the Leader ofOpposition in the Lok Sabha. The Billamends this provision in relation to theLeader of Opposition. It states that wherethere is no Leader of Opposition, the Leaderof the single largest Opposition Party in that
House would be part of the committee.

 Vacancy Committee: 
The Bill introduces a
provision that states that the appointment of
a Director would not be invalid on the
grounds of any vacancy or absence of a
member of the Committee.

High Level Committee submits Report on six environmental laws


The Ministry of Environment, Forests andClimate Change constituted a High Level
Committee (Chair: Mr. T.S.R. Subramanian) inAugust 2014 to review six environmental laws
and suggest amendments to them.

The Committee was to review the followinglaws: 
(i) Indian Forests Act, 1927, 
(ii) Wild Life(Protection) Act, 1972
 (iii) Water (Preventionand Control of Pollution) Act, 1974, (iv) Forest
(Conservation) Act, 1980,
 (v) Air (Preventionand Control of Pollution) Act, 1981, 
(vi)Environment (Protection) Act, 1986.



The Committee submitted its Report onNovember 18, 2014.11.The Report of the
Committee has not been placed in the publicdomain as yet. According to news reports, key
recommendations of the Committee relate to: 
 Formulating an overarching law to regulateenvironmental clearances.
 Creating a National EnvironmentalManagement Authority at the central level,and State Environmental ManagementAuthorities at the state level.
 Creating an appellate court for thoseindustries aggrieved by penalties and theappraisal process.
 Revising the compensatory afforestationpolicy to provide for 2:1 afforestation inrevenue areas, and 3:1 afforestation indegraded forest areas as against the currentpolicy of 1:1 afforestation. 

WTO approves India-US agreement on food security,ias mains


The WTO adopted the Agreement that aims toease the movement of goods between member
countries; thereby reducing transaction costs 13Member countries are now free to accept the
Agreement.The General Council approved the peace clausethat will enable India to continue providing farm
subsidies indefinitely, and set a deadline tocomplete the Bali Package. Details of the events
that transpired over the last year are given below:

December 2013
The Trade Facilitation Agreement was to beadded to the WTO Agreement at the Ninth WTOMinisterial Conference. An interim solution onthe food grains stockholding issue was agreedupon at the conference. The WTO sets a limit onthe support that governments can provide tofarmers, at 10% of the total value of productionof food grains. Developing members, like India,with large populations that need to be ensuredfood security, would be protected from beingchallenged in WTO on grounds of exceeding the10% limit.

July 2014
At the WTO meeting, India did not support theadoption of the Protocol of Amendment for the
Agreement. It held that the adoption of theprotocol must be postponed until a permanentsolution on food security is reached, since theyare both part of the Bali decisions fromDecember 2013.14 The General Council couldnot find a solution and was declared closedwithout adopting the Agreement protocol.

November 2014
India and the US reached an agreement onsubsidies resulting from the public stockholding
of food grains on November 13, 2014.15 TheIndia-US agreement implied that the USsupported India's demand of being allowed togive subsidies to its farmers indefinitely, withoutbreaching WTO‟s limit.16

The peace clause can be used by India if it canmeet the following conditions:
 To ensure that the public stockholdingprogramme does not distort global trade andsimilar programmes by other countries.
 To notify the WTO if it has crossed or islikely to cross the limit on subsidies providedto farmers.
 New food stockholding programmes that maybe launched in the future will have to abide
by the 10% limit set by the WTO.
The peace clause was approved by the WTO

NJAC

STATEMENT OF OBJECTS AND REASONS
The Constitution of India contains provisions for the appointment of Judges of the
Supreme Court and High Courts including the transfer of Judges from one High Court to
another High Court. The Supreme Court in the matter of the Supreme Court Advocates-onRecord
Association Vs. Union of India in the year 1993, and in its Advisory Opinion in 1998
in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217
of the Constitution with respect to the meaning of ‘‘consultation’’ as ‘‘concurrence’’.
Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme
Court and High Courts was formulated, and the same is being followed for appointment.
2. After review of the relevant constitutional provisions, the pronouncements of the
Supreme Court and consultations with eminent Jurists, it is felt that a broad based National
Judicial Appointments Commission should be established for making recommendations for
appointments of Judges of the Supreme Court and High Courts. The said Commission would
provide a meaningful role for the judiciary, the executive and eminent persons to present
their view points and make the participants accountable, while also introducing transparency
in the selection process. Keeping this in view, a Bill, namely, the Constitution (One Hundred
and Twenty-first Amendment) Bill, 2014 has been introduced in Parliament which provides
for the establishment of the National Judicial Appointments Commission to discharge
functions specified therein.
3. The National Judicial Appointments Commission Bill, 2014 inter alia provides for
the time frame to initiate the process of filling up of vacancies in the Supreme Court and High
Courts and the procedure for selection of Chief Justice of India, Chief Justice of High Courts
and Judges of the Supreme Court and High Courts. It further provides that if two members of
National Judicial Appointments Commission do not agree, then the Commission shall not
make such recommendation. It also provides that the President may, if necessary, require the
Commission to reconsider the recommendation. However, if the Commission makes unanimous
recommendations on such reconsideration, then the President shall make the appointment
accordingly.
4. Further, the Bill provides that the National Judicial Appointments Commission may
make regulations inter alia specifying the criteria of suitability with respect to the appointment
of Judges of the Supreme Court and High Courts, the procedure and conditions for selection
and appointment of Judge of the Supreme Court and High Court, the procedure for transfer
of Judges from one High Court to another High Court and the procedure to be followed by
the Commission in the discharge of its functions.
5. The National Judicial Appointments Commission Bill, 2014 seeks to broad base the
appointment of Judges in the Supreme Court and High Courts, enables participation of
judiciary, executive and eminent persons and ensures greater transparency, accountability
and objectivity in the appointment of the Judges in the Supreme Court and High Courts.
6. The Bill seeks to achieve the above objectives.

31 December 2014

Judicial Appointments Commission Bill gets President’s nod

The new law facilitates setting up of a commission for appointment of judges, replacing the 20-year-old collegium system

The Constitutional amendment Bill that seeks to scrap the collegium system of appointing judges to higher judiciary has received Presidential nod. The National Judicial Appointments Commission (NJAC) Bill passed by the Parliament in August this year has received President’s assent, official sources said.
The new law facilitates the setting up of a commission for appointment of judges, replacing the 20-year-old collegium system, which has been under severe criticism.
It paves the way for the setting up of NJAC, which will appoint and transfer judges to the Supreme Courts and the 24 High Courts. The Bill, 124th amendment to the Constitution, grants Constitutional status to the NJAC and its composition which will be headed by the Chief Justice of India.
As many as 16 of the 29 states have ratified the Bill. Besides the CJI, the judiciary would be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the body.

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