Tuesday, April 29, 2014

Open letter of a martyr's mother.



Kamal Kant Batra, 69, is running for Parliament from Hamirpur in Himachal Pradesh as a candidate of the Aam Aadmi Party. In 1999, her son, Captain Vikram Batra, was killed in the Kargil War. He was 24. "Yeh dil maange more," he had declared famously in an interview to NDTV, appropriating an advertising slogan at the time to convey the courage of the Indian soldier.

Dear Mr Modi:

In your campaigning, you have used the name and slogan- yeh dil maange more- of my Sher beta.  People call him the Sher Shah of Kargil. He was just 24 when he was killed in the Kargil war.  

Now you are using Vikram's name and slogan. I ask you - in 15 years, how come neither you nor the BJP used either? Just for the elections, you have suddenly remembered it and are using the sacrifice of a brave soldier. This is corrupt politics.

Mr Modi, if you really care for the army and respect  martyrs, a soldier's family for you should be like God. If I were in your place, I would have withdrawn the BJP candidate who is running against me.

If  you respect Captain Batra's family, you should think of me like his mother. If you used "yeh dil maange more" to praise my son...please realise...it is not enough to praise him...you should think of what can be done to honour a martyr's family. 

Why was no one from a soldier's family given a chance by the BJP earlier to run as a candidate?

For me, this is not a fight with an individual. It is a fight against corruption. People want relief from  corruption.

All of India knows Vikram Batra.  

In some villages, Aam Aadmi Party workers say "this is Shahid Vikram's mother." There is nothing wrong with that. He did sacrifice his life for the nation. He would be proud that I want to serve his country. Even if my son's name comes up, isn't it my right? 

Your name is everywhere in this campaign.

Only Arvind Kejriwal's party thought of honouring us this way, asking us if we would like to contest. I want to help people.  

I am not just a woman but a citizen. I have the right to join politics. Every citizen has.
When I got the offer from AAP to contest the election from Himachal Pradesh, I could not refuse.

Other parties have failed us.

Sincerely,

Kamal Kant Batra.  

Pixelzz: Cup without a storm


Monday, April 28, 2014

Justice R. M. Lodha: the 41st CJI of India.


Justice Rajendra Mal Lodha was on Sunday sworn in as the 41st Chief Justice of India. He was administered the oath of office by President Pranab Mukharjee at the Rashtrapati Bhavan.

At 64, Justice Lodha is the senior-most judge of the Supreme Court after Justice Sathasivam. He will have a brief tenure of five months as the Chief Justice as he is scheduled to retire on September 27.

Appointment of Judges.

In the high courts, the process is initiated by the respective chief justices. In the Supreme Court, the Chief Justice of India (CJI) takes the initiative. The final decision is taken by five Supreme Court judges, including the CJI.

Article 124 deals with the appointment of Supreme Court judges. It says the appointment should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments, except his or her own.
Article 217 deals with the appointment of High Court judges. It says a judge should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted.
How and when did the other system evolve? The collegium system has its genesis in a series of three judgments that is now clubbed together as the “Three Judges Cases”. The S P Gupta case (December 30, 1981) is called the “First Judges Case”. It declared that the “primacy” of the CJI’s recommendation to the President can be refused for “cogent reasons”. This brought a paradigm shift in favour of the executive having primacy over the judiciary in judicial appointments for the next 12 years.
How did the judiciary come to get primacy? On October 6, 1993, came a nine-judge bench decision in the Supreme Court Advocates-on Record Association vs Union of India case — the “Second Judges Case”. This was what ushered in the collegium system. The majority verdict written by Justice J S Verma said “justiciability” and “primacy” required that the CJI be given the “primal” role in such appointments. It overturned the S P Gupta judgment, saying “the role of the CJI is primal in nature because this being a topic within the judicial family, the executive cannot have an equal say in the matter. Here the word ‘consultation’ would shrink in a mini form. Should the executive have an equal role and be in divergence of many a proposal, germs of indiscipline would grow in the judiciary.”
How final was this? Justice Verma’s majority judgment saw dissent within the bench itself on the individual role of the CJI. In a total of five judgments delivered in the Second Judges case, Justice Verma spoke for only himself and four other judges. Justice Pandian and Justice Kuldip Singh went on to write individual judgments supporting the majority view. But Justice Ahmadi had dissented and Justice Punchhi took the view that the CJI need not restrict himself to just two judges (as mentioned in the ruling) and can consult any number of judges if he wants to, or none at all.For the next five years, there was confusion on the roles of the CJI and the two judges in judicial appointments and transfers. In many cases, CJIs took unilateral decisions without consulting two colleagues. Besides, the President became only an approver.
What was done to deal with the confusion? In 1998, President K R Narayanan issued a presidential reference to the Supreme Court as to what the term “consultation” really means in Articles 124, 217 and 222 (transfer of HC judges) of the Constitution. The question was if the term “consultation” requires consultation with a number of judges in forming the CJI’s opinion, or whether the sole opinion of the CJI constituted the meaning of the articles. In reply, the Supreme Court laid down nine guidelines for the functioning of the coram for appointments/transfers; this came to be the present form of the collegiums.Besides, a judgment dated October 28, 1998, written by Justice S P Bharucha at the head of the nine-judge bench, used the opportunity to strongly reinforce the concept of “primacy” of the highest judiciary over the executive. This was the “Third Judges Case”.
What are the arguments against the collegium system? Experts point to systemic errors such as:* The administrative burden of appointing and transferring judges without a separate secretariat or intelligence-gathering mechanism dedicated to collection of and checking personal and professional backgrounds of prospective appointees;* A closed-door affair without a formal and transparent system;* The limitation of the collegium’s field of choice to the senior-most judges from the High Court for appointments to the Supreme Court, overlooking several talented junior judges and advocates.
What moves were taken to correct these? The Law Commission in its 214th Report on ‘Proposal for Reconsideration of Judges cases I, II and III’ recommended two solutions:* To seek a reconsideration of the three judgments before the Supreme Court.* A law to restore the primacy of the Chief Justice of India and the power of the executive to make appointments.
What is the suggested alternative to the collegium? National Judicial Commission remains a proposal. The Constitution (98th Amendment) Bill was introduced in the Lok Sabha by the NDA government in 2003. It provided for the constitution of an NJC to be chaired by the CJI and with two of the senior-most judges of the Supreme Court as its members. The Union Law Minister would be a member along with an eminent citizen to be nominated by the President in consultation with the Prime Minister. The Commission would decide the appointment and transfer of judges and probe cases of misconduct by judges, including those from the highest judiciary.

Sunday, April 27, 2014

Election Commission: powers and functions

The Election Commission of India (ECI) was established on January 25, 1950 as a constitutional body (under article 324 of the Constitution) responsible for administering elections in India according to the provisions of the Indian Constitution. It controls the process for elections conducted at various levels: parliament, state legislatures, and the offices of the president and vice president of India.

Role of Election Commission of India.

Among all its roles, the most crucial one is to implement norms and the Model Code of Conduct (MCC) to ensure free and fair elections in the country. In the present democratic scenario, wherein, the democratic elections are not free from sabotage, the independence of ECI is need of the hour. 

Technological advancements.

In order to bring improvements in the election procedure, the ECI has taken numerous steps. Some of them are as follows:
  1. Electronic Voting Machines (EVMs) were introduced to improve reliability and efficiency. It was thought that EVMs would reduce malpractices and improve efficiency. It was first tried out on an experimental basis in the state of Kerala for the 1982 Legislative Assembly Elections. After successful testing and legal inquires, the Commission took the decision to begin the use of EVMs.
  2. The website of the ECI was launched on February 28, 1998 to provide accurate information and instant results of the elections. In 1998, Election Commission decided on a programme for the 'computerisation' of the electoral rolls.
  3. Electoral Photo Identity Cards (EPICs) were issued in 1993 to prevent electoral fraud. From the 2004 elections, these were made mandatory.
A few more initiatives taken recently by the ECI are:
  1. New guidelines for broadcasting on state-owned electronic media.
  2. Inspection of instances of criminalization in politics.
  3. Simplification of account maintenance and filing.
  4. Measures for better enforcement of the Model Code of Conduct.

Functions and Powers.

  • Holding periodic free & fair elections are essentials of democratic system. The Supreme Cort held in T. N. Sheshan V/s Union of India (AIR 1995 SC 852) that
"The Preamble of our Constitution proclaims that we are a Democratic Republic. Democracy being the basic feature of our constitutional set up, there can be no two opinion that free and fair elections to our legislative bodies alone would guarantee the growth of a healthy democracy in the country. In order to ensure the purity of the election process it was thought by our Constitution-makers that the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/or executive interference. It is inherent in a democratic set up that the agency which is entrusted the task of holding elections to the legislatures should be fully insulated so that it can function as an independent agency free from external pressures from the party in power or executive of the day. This objective is achieved by the setting up of an Election Commission, a permanent body, under Article 324(1) of the Constitution." 

  • Model Code of Conduct (MCC). In every election, it issues a Model code of Conduct for political parties and candidates to conduct elections in free and fair manner. The Commission issued the code for the first time in 1971 (5th Election) and revised it from time to time. It lay down guidelines for conduct of political parties & candidates during elections. However, there are instances of violation of code by the political parties and complaints are received for misuse of official machinery by the candidates. In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner (AIR 2006 Ker 229) the Kerala High Court held that the object of model code of conduct is not to stop all governmental activities but only those actions which may directly influence a section of electors need to be prevented.

The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what, known as "rules of electoral morality". But this lack of statutory backing does not prevent the Commission from enforcing it.
The Election Commission has warned that any breach will be dealt with sternly. The Commission has the power to disqualify a candidate if s/he refuses to follow the Model Code of Conduct.
Punishment for violation of MCC. The violations are punishable in a court of law. In cases of, inter-alia, violation of Model Code of Conduct by a political party, the Commission can, after giving reasonable opportunity of showing cause, subject to such terms as the Commission may deem appropriate, either suspend or withdraw the recognition of a party as a National or State Party, as the case may be. In case of individual candidates or leaders of political parties, the Commission may take action, if deemed appropriate, under the residuary powers available to it under Article 324 of the Constitution which includes censure against person who is guilty of violation of the Model Code of Conduct.

  • Registration of political parties. After the amendment in the year 1989 in the Representation of the People Act, 1951, which inserted section 29A, all the political parties contesting general elections in India are required to be registered under it. It helps to avoid confusion and headache of the administrative machinery as well as confusion of the electorate. It ensures that political parties can practice democracy only by their registration.
Benefits of registration are:
  1. The candidates set up by a political party registered with the Election Commission of India are given preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. 
  2. Registered political parties, in course of time, can get recognition as `State Party’ or National Party’ subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State or States in which it is so recognised, and if a party is recognised as a `National Party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State’ and `National’ parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.
  • Limits on Poll Expenses.The Election Commission has fixed the legal limits on the amount of money which a candidate can spend during election campaigns, which have been revised from time to time. The Election Commission by appointing observers keeps an eye on the individual account of election expenditure. There are tight legal limits on the amount of money a candidate can spend during the election campaign. 
In the 2014 Lok Sabha elections the poll expenditure have been increased from Rs 40 lakh to Rs 70 lakh for each Lok Sabha constituency in bigger states like Maharashtra, Madhya Pradesh, Uttar Pradesh, West Bengal and Karnataka. It has been increased from the present Rs 22 lakh in smaller states like Goa to Rs 54 lakh on par with other hilly and north eastern states.
It will also go up to Rs 54 lakh in north eastern states where the limits were varying between Rs 35 lakh to Rs 27 lakh for parliamentary seats earlier.
Among the union territories, the limit will go up from Rs 40 lakh to Rs 70 lakh in Delhi while it will be uniform at Rs 54 lakh for all other UTs.
In Common Cause v/s. Union of India, it was pointed out that, in India elections are fought on the basis of money. The Court ruled that, purity of election is fundamental to the democracy and Commission can ask the candidates about the expenditure incurred by them and political party for this purpose.

The campaign period was reduced by the Election Commission from 21 to 14 days for Lok Sabha and Assembly elections; it is for to trim down election expenditure. The Election Commission’s this attempt to impose these measures has been a move in the right direction. Moreover, Election Commission takes details of the candidate's asset on affidavit at the time of submitting nomination paper.
  • Advisory Jurisdiction & Quasi-Judicial Functions. Under the Constitution. The Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures. Further, the cases of persons found guilty of corrupt practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered. 
The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law. The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.

Judicial Review of Decisions.

The decisions of the Commission can be challenged in the High Court and the Supreme Court of the India by appropriate petitions. By long standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls. Once the polls are completed and result declared, the Commission cannot review any result on its own. This can only be reviewed through the process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of elections for the offices of the President and Vice President, such petitions can only be filed before the Supreme Court.

Friday, April 25, 2014

This is why we should support AAP.

You just Google the list of scams and you will be tired of getting the list of the scams. Even if we have the RTI, we dont have whistle-blower's protection law in our country. This video campaigns about our contribution in reshaping our democracy. 
The reasons told in this video suffice to convince me to support AAP. Do you support AAP? In other words, do you support the need for a new revolution? If no, because you want causes to support such move, you should watch this video.

Rainman: Hoffman prevails over Cruise gun.

This movie is special for me or various reasons. Though you can say that Tom Cruise was in one of the leading roles, his role was overshadowed by the performance of Dustin Hoffman, playing the character of an autistic savant. His performance makes everyone either laugh or cry. Being a very emotional movie, this movie touches heart of everyone.
The music given by Hans Zimmer sets a good theme for the entire movie. He has the art to thrill the audience (as done in M:I:2 or Gladiator or The Dark Knight, or Inception) as well as to make the audience cry in emotion as shown by this movie.
Surprisingly, very few people have seen this masterpiece. It will be better to watch it for Mr. Hoffman's performance. 

The film won four Oscars at the 61st Academy Awards (March 1989), including Best PictureBest Original ScreenplayBest Director, and Best Actor in a Leading Role for Hoffman. Its crew received an additional four nominations. The film also won the Golden Bearat the 39th Berlin International Film Festival
This movie has been an inspiration for Subhash Ghai, who copied the plot and character or Hoffman in his 2008 year movie Yuvraaj.

Wednesday, April 23, 2014

P5+1: Interim deal and final status

Interim Deal (November 2013).

On 24th November, 2013, Iran and the six world powers (China, France, Germany, Russia, the United Kingdom, and the United States), known as the P5+1were successful in removing the stagnation in course of negotiations over Tehran’s controversial nuclear program when the parties reached a first-phase agreement on a six-month deal that will halt Iran’s most sensitive nuclear activities and increase international monitoring of its nuclear program in exchange for some relief from sanctions that affected adversely Iran’s economy.
The deal was signed in Geneva, wherein the right to enrichment of “right to enrichment,” of Iran was recognized. This deal could serve as a basis for further negotiations. EU foreign policy chief Catherine Ashton led the negotiating team for the P5+1. 
The agreement makes the following stipulations on the Iranian nuclear program:
  • All uranium enriched beyond 5% will either be diluted or converted to uranium oxide. No new uranium at the 3.5% enrichment level will be added to Iran's current stock.
  • No new centrifuges will be installed or prepared for installation.
  • No fuel will be produced, tested, or transferred to the Arak nuclear power plant. In addition, Iran will share design details of the reactor.
  • The IAEA will be granted daily access to Natanz and Fordow, with certain sites monitored by 24-hour cameras. The IAEA will also have access to Iran's uranium mines and centrifuge production facilities.
  • Iran will address IAEA questions related to possible military dimensions of the nuclear program and provide data expected as part of an Additional Protocol.

Additional Protocol. In 1993 a program was initiated to strengthen and extend the classical safeguards system under IAEA and a model protocol was agreed by the IAEA Board of Governors 1997. The measures boosted the IAEA's ability to detect undeclared nuclear activities, including those with no connection to the civil fuel cycle. Its key elements were: 

  • The IAEA is to be given considerably more information on nuclear and nuclear-related activities, including R & D, production of uranium and thorium (regardless of whether it is traded), and nuclear-related imports and exports.
  • IAEA inspectors will have greater rights of access. This will include any suspect location, it can be at short notice (e.g., two hours), and the IAEA can deploy environmental sampling and remote monitoring techniques to detect illicit activities.
  • States must streamline administrative procedures so that IAEA inspectors get automatic visa renewal and can communicate more readily with IAEA headquarters.
  • Further evolution of safeguards is towards evaluation of each state, taking account of its particular situation and the kind of nuclear materials it has. This will involve greater judgement on the part of IAEA and the development of effective methodologies which reassure NPT States.

Right to Enrichment.

Iran maintains that it has the right to uranium enrichment under Article IV of the nuclear Nonproliferation Treaty (NPT), which guarantees states-parties access to nuclear technology as long as they adhere to their treaty obligations. Article IV does not specifically mention uranium enrichment. U.S. policy does not interpret access to enrichment technology as a right under Article IV.
The first-phase agreement allows Iran to continue enriching uranium to a level suitable for use in a power reactor.

Current Status.

Implementation of the November 2013 agreement began 20 January 2014 as confirmed by the IAEA interim report confirmed that Iran had begun scaling back major nuclear activities, the first steps to implement the interim deal. The report followed by the partial lifting of sanctions by the United States and the EU. Senior officials of the P5+1 and Iran met February 18–20 in Vienna and agreed on a framework for future negotiations. 

Indian Stake.

After the negotiations, India is the first of Iran’s four main buyers to say it is looking to buy more oil from Iran after the agreement in Geneva. India will investigate purchasing additional oil from Iran over the coming six months covering the Geneva agreement, as well as explore the possibility of joint ventures in Iran’s oil sector. Although the agreement does not allow Iran to increase its oil sales for six months, India has room to boost its imports after they fell roughly 40 percent this year to below even what was permitted by sanctions. As a result, earlier this year Iran slipped to third position behind Saudi Arabia and Iraq as India’s supplier of oil imports. Despite this, India and China have remained the top two destinations for Iran’s oil.
Underwriting New Delhi’s rising interest in Iran’s energy sector, India is now the world’s fourth largest energy consumer after the United States, China, and Russian Federation. The U.S. government’s Energy Information Administration projects that India and China will account for the biggest share of Asian energy demand growth through 2035. Accordingly, the primary focus of India’s energy policy is securing energy sources to meet the needs of its growing economy, as India’s primary energy consumption more than doubled between 1990 and 2011.
What is not in doubt is that Iran is eager to boost its oil sales to India, which pays 45 percent of its oil payments to Iran in rupees, a valuable source of foreign revenue in light of the increasing pressure from sanctions. The sanctions have increasingly hobbled Iran’s economy. Iran, a member of the Organization of the Petroleum Exporting Countries, ranks among the world’s top four holders of both proven oil and natural gas reserves, but since 2012, Iran saw unprecedented drops in its oil exports as U.S. and European Union sanctions were tightened, targeting Iranian oil export revenues. Preliminary data compiled by the EIA placed Iran in fifth rank in terms of crude oil and condensate exports, which was in contrast to its third position in 2011.
The sanctions have also precluded the substantial development of Iran’s natural gas reserves, the world’s second largest. As the sector is unable under sanctions to raise substantial foreign investment, the country’s natural gas reserves remain largely underdeveloped and output is used mostly to meet domestic demand, with natural gas accounting for about 59 percent of Iran’s total domestic energy consumption in 2010.
It is reported that India would buy up to an average 220,000 barrels per day of Iranian oil for the Iranian calendar year ending  March 31. India would also then be looking to increase imports in the 2014/15 financial year, depending on any further easing of the sanctions, commenting, “Iran is a great source of oil… and once the problems that have been faced by Iran are resolved then we will have more oil available in the market.” Three days later the U.S. State Department extended six-month Iran sanctions waivers to India, China, South Korea and other countries in exchange for their reducing purchases of Iranian crude oil earlier this year.
As a corollary of Indian interest in Iranian oil, New Delhi is also seeking to help Iran develop its Persian Gulf port of Chabahar for oil exports, which for India would have the added benefit of outflanking Pakistan’s Gwadar port, which they are currently developing with Chinese assistance. Chabahar would also benefit the post-Soviet Central Asian states by giving them a port outlet once railways in Iran are expanded and upgraded.
While considerable Western skepticism remains over Iran’s nuclear transparency, there is no doubt that Tehran intends to force open the sanctions door as wide as possible, and that the first foreign customer waiting on the other side is already India.

Tuesday, April 22, 2014

P5+1: Background

The cloud of sanctions hovering around the nuclear program of Iran may soon shatter. This has all been possible with the help of the alliance of permanent members of the UN along with Germany that soon Iran can revive its economy. The formation of this group of 6 nations known as P5+1 or EU+3 has its history in the roots of the nuclear program of Iran. 

Nuclear Program of Iran.

  • 1953: Atoms for Peace Program. The former US President Dwight D. Eisenhower delivered the Atoms for Peace speech before the United Nations General Assembly on December 8, 1953. President Eisenhower sought to curb the misuse of nuclear energy by suggesting a means to transform the atom from a scourge into a benefit for mankind. It was after this that the nuclear empowerment of Iran began.
Though, the Atoms for Peace program is criticised to be a mechanism adopted by the US to help itself in the cold war era. This led to spread of highly enriched nuclear fuel around the world. The then USSR retaliated in the similar fashion by spreading nuclear stockpiles around the world.
  • 1979: Iranian Revolution and change of course.Everything changed after 1979, when events occurred that led to the overthrow of the Pahlavi dynasty under Mohammad Reza Shah Pahlavi, who was supported by the United States. After this event, the there was rules of an Islamic republic under the Grand Ayatollah Ruhollah Khomeini, the leader of the revolution, who was supported by various leftist and Islamic organizations and Iranian student movements. While the Soviet Union immediately recognized the new Islamic Republic, it did not actively support the revolution, initially making efforts to salvage the Shah's government. The regime was overthrown because of its corrupt practices and several policies that tended it to be puppet of the West.
After the 1979 revolution, a clandestine nuclear weapons research program was disbanded by Ayatollah Ruhollah Khomeini (1902–1989), who considered such weapons forbidden under Muslim ethics and jurisprudence. Iran has signed treaties repudiating the possession of weapons of mass destruction including the Biological Weapons Convention,the Chemical Weapons Convention,and the Nuclear Non-Proliferation Treaty (NPT).
Following the 1979 Revolution, most of the international nuclear cooperation with Iran was cut off. While some companies said they based their action on Iran's non-payment of $450 million in overdue payments, while other sources claim the construction was halted under pressure from the United States. The United States itself cut off the supply of highly enriched uranium (HEU) fuel for the Tehran Nuclear Research Center, which forced the reactor to shut down for a number of years, until Argentina's National Atomic Energy Commission in 1987–88 signed an agreement with Iran to help in converting the reactor from highly enriched uranium fuel to 19.75% low-enriched uranium, and to supply the low-enriched uranium to Iran.  
  • In 1981, Iranian governmental officials concluded that the country's nuclear development should continue. Reports to the IAEA included that a site at Esfahan Nuclear Technology Center (ENTEC) would act "as the center for the transfer and development of nuclear technology, as well as contribute to the formation of local expertise and manpower needed to sustain a very ambitious program in the field of nuclear power reactor technology and fuel cycle technology."
  • In 1983, IAEA officials were keen to assist Iran in chemical aspects of reactor fuel fabrication, chemical engineering and design aspects of pilot plants for uranium conversion, corrosion of nuclear materials, LWR fuel fabrication, and pilot plant development for production of nuclear fuel. However, the U.S. government "directly intervened" to discourage IAEA assistance in Iranian production of these materials. Iran later set up a bilateral cooperation on fuel cycle related issues with China, owing to the US pressure, China stepped back.
  • In April 1984, West German intelligence reported that Iran might have a nuclear bomb within two years with uranium from Pakistan.

  • During the Iran-Iraq war (1980-88), the two Bushehr reactors were damaged by multiple Iraqi air strikes and work on the nuclear program came to a standstill. Iran notified the International Atomic Energy Agency of the blasts, and complained about international inaction and the use of French made missiles in the attack. 


  • 1995: Iran and Russia Sign Nuclear Contract. Iran announces that it will sign an $800 million contract with Russia to complete construction on one of two light water reactors at the Bushehr nuclear plant within four years. After many delays, the project was completed in 2010.

  • 1996: Sanctions Against Iran and Libya. With growing intelligence estimates that Iran may secretly be trying to build a nuclear weapon, President Bill Clinton signs a bill imposing sanctions on foreign companies with investments in Iran and Libya. Such rules are already in place for American companies.
  • 1999: Proposal for Nuclear-Free Mideast. President Mohammad Khatami of Iran goes to Saudi Arabia, becoming the first Iranian leader since 1979 to visit the Arab world. He issues a joint statement with King Fahd expressing concerns about Israel's nuclear weapons program and support for ridding the Middle East of nuclear weapons. In 2003, Iran supports such a proposal initiated by Syria.

  • 2002: Discovery of Secret Plants. Mujahedeen Khalq, an Iranian dissident group also known as the M.E.K., obtains and shares documents revealing a clandestine nuclear program previously unknown to the United Nations.
  • The program includes a vast uranium enrichment plant at Natanz and a heavy water plant at Arak. In December, satellite photographs of Natanz and Arak appear widely in the news media. The United States accuses Tehran of an "across-the-board pursuit of weapons of mass destruction," but takes relatively little action because it is focused on the approaching invasion of Iraq the next year.


  • 2003: Nuclear Program Is Suspended. Possibly in response to the American invasion of Iraq, which was originally justified by the Bush administration on the grounds that Iraq had weapons of mass destruction, Ayatollah Khamenei orders a suspension of work on what appear to be weapons-related technologies, although he allows uranium enrichment efforts to continue.
  • 2005: Ahmadinejad Elected President. Mahmoud Ahmadinejad, known only as a secular conservative and a former mayor of Tehran, becomes president.
  • 2006: Natanz Production is Restarted. Iran resumes uranium enrichment at Natanz after negotiations with European and American officials collapse. The I.A.E.A. approves a resolution to report Iran's nuclear program to the Security Council, citing “the absence of confidence" among the atomic agency's members "that Iran’s nuclear program is exclusively for peaceful purposes.”

Sanctions.

The next thing in the entire timeline is continued with the trail of sanctions imposed by the UN Security Council. These are:
  • The first resolution (1696) was adopted in July 2006 which demanded that Iran halt its uranium enrichment-related and reprocessing activities.
  • Resolutions, (1737) in December 2006, (1747) in March of 2007, and (1803) in March 2008, which have imposed gradual sanctions on Iranian individuals and entities believed to be involved in Iran’s nuclear and missile programs.
  • UN Security Council Resolution (1835), adopted in September 2008, restated the Security Council’s demands made in resolution (1696) of 2006 but without imposing additional sanctions.
  • The last Security Council resolution (1929), adopted in June 2010, saw the expansion of more sanctions on Iran for its lack of cooperation and its continued uranium enrichment-related and reprocessing activities. The sanctions curtail military purchases, trade and financial transactions carried out by the Islamic Revolutionary Guards Corps, which controls the nuclear program.
Apart from the UN, the US and the West did not lag behind adding fuel to the fire.
  • 2011: Sanctions by the West and the US. Major Western powers take significant steps to cut Iran off from the international financial system, announcing coordinated sanctions aimed at its central bank and commercial banks. The United States also imposes sanctions on companies involved in Iran’s nuclear industry, as well as on its petrochemical and oil industries.
  • 2012: Embargo on Iranian Oil. A European Union embargo on Iranian oil takes effect, playing a large role in severely restricting Iran's ability to sell its most important export. In retaliation, Iran announces legislation intended to disrupt traffic in the Strait of Hormuz, a vital Persian Gulf shipping lane, and tests missiles in a desert drill clearly intended as a warning to Israel and the United States.
  • 2013: A new round of American sanctions take effect which state that any country that buys Iranian oil must put the purchase money into a local bank account. Iran cannot repatriate the money and can use it only to buy goods within that country.
  • The United States blacklisted four Iranian companies and one individual suspected of helping the Iran enrich nuclear fuel. It also singles out two other companies, including a Venezuelan-Iranian bank, accused of helping Iran evade other Western-imposed prohibitions on oil sales and financial dealings.

Change in regime and change in course.


  • June 2013: Iran Elects New President. Voters overwhelmingly elect Hassan Rouhani, 64, a mild-mannered cleric who advocates greater personal freedoms and a more conciliatory approach to the world. He played a key role in Iran’s voluntary suspension of uranium enrichment in 2004.

Pen's Vision: toonz view of my dream Lexus.


Saturday, April 19, 2014

BIMSTEC: Golden prospects of the proposed FTA.

The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) is an international organisation involving a group of countries in South Asia and South East Asia. These are: Bangladesh, India, Myanmar, Sri Lanka, Thailand, Bhutan and Nepal. 

Timeline:  

  • 6th June 1997: BIMSTEC was created on and with name BIST-EC (Bangladesh, India, Sri Lanka, and Thailand Economic Cooperation). 
  • 22nd December 1997: Myanmar joined the organization as a full member at a Special Ministerial Meeting held in Bangkok on , upon which the name of the grouping was changed to BIMST-EC. 
  • December 1998: By the second Ministerial Meeting in Dhaka Nepal was granted observer status. 
  • 2004: The Trade Negotiating Committee (TNC) was set up to continue all negotiations on the implementation of FTA.
  • February 2004: the framework agreement of BIMSTEC Free Trade Area (FTA) was signed in order to strengthen economic, trade and investment cooperation among the member countries. Full membership granted to Nepal and Bhutan
  • 31st July 2004: name of the association to be known as BIMSTEC or the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation.
BIMSTEC uses the alphabetical order for the Chairmanship. The Chairmanship of BIMSTEC has been taken in rotation commencing with Bangladesh (1997–1999), India (2000) Myanmar (2001–2002), Sri Lanka (2002–2003), Thailand (2003–2005), Bangladesh (2005–2006). Bhutan asked for the skip. So it's turned to India (2006–2009). Nepal formally took over the new Chairmanship as on 4 March 2014. Sumith Nakandala of Sri Lanka became the first Secretary General of BIMSTEC.
This sub-regional group was initiated with the goal to combine India’s look east policy and Thailand’s look west policy. As such it provides a unique link between South Asia and South East Asia. According to the Bangkok declaration on the establishment of BIST-EC, the aims and purpose of this sub-regional cooperation are to create an enabling environment for rapid economic environment, accelerate the economic growth and social progress in the sub-region, promote active collaboration and mutual assistance on matters of common interest, promote assistance in the form of training and research facilities, supporting and complementing national development plans in the member states.
The intra-regional trade among the member countries of South Asian Free Trade Area (SAFTA) is hovering round 4–4.5 percent per annum. It is believed that compared to SAFTA, the BIMSTEC FTA will be more promising because unlike SAFTA all the BIMSTEC members are purely guided by economic interests rather than by political interests.

The BIMSTEC co-operates in thirteen priority sectors: 
  1. trade and investment 
  2. technology 
  3. energy 
  4. transport and communication 
  5. tourism 
  6. fisheries 
  7. agriculture 
  8. cultural cooperation 
  9. environment and disaster management 
  10. public health 
  11. people-to-people contract 
  12. poverty alleviation and 
  13. counter-terrorism and transnational crimes. 
The priority sectors for cooperation have clearly been identified keeping in view the complementarities of the regions and the means to exploit these effectively by establishing road, rail, air and shipping networks. 

Features of the Framework Agreement on BIMSTEC FTA.

Though the framework agreement on BIMSTEC FTA was signed in 2004, still it is not fully operational. Unlike many FTA agreements, the framework agreement on BIMSTEC FTA provides more scope for cooperation, going beyond trade in goods to bring trade in services and promote investment cooperation. It provides clear and well-defined deadlines for various stages of economic integration among the member countries. 
When the framework agreement was signed, a number of issues like modalities of tariff reduction and elimination, size of the negative list, criteria for rules of origin, mechanism of dispute settlement, safeguard measures, customs operations and negotiations on the agreements on service and investment were not dealt with. For the same, the member countries establish the institutional arrangement for conducting negotiations to finalize these issues, as stipulated in the framework agreement. This negotiation happens through Trade Negotiating Committee (TNC). TNC reports to the BIMSTEC Trade/ Economic Ministers through the Senior Trade and Economic Officials Meeting on the progress and outcome of its negotiations. In order to achieve the objective of BIMSTEC FTA, the framework agreement has set the following instruments. 
  1. Trade Liberalization Program. According to this article, all products, except those included in the negative list would be subject to tariff reduction or elimination. Tariff reduction was to be undertaken following two product schedules, namely fast track product schedule for the least sensitive products and normal track product schedule for the less sensitive products. For both fast track and normal track product, the agreement provides different time frame for tariff reduction for Non-LDC and LDC member countries. When the framework agreement of BIMSTEC FTA was signed in 2004, the member countries decided to establish a free trade area for transaction of goods from July 2006. But due to political reasons and non-cooperation of some of the member countries, the enforcement of BIMSTES FTA was delayed, hence the time frame was amended.  
  2. Rules of Origin. In case of BIMSTEC FTA, the member countries had agreed upon the specific issues of rules of origin such as domestic value addition, regional cumulation and product specific rules at 18th TNC meeting held in June 2009. 
  3. Dispute Settlement Procedures. There is a specific agreement on dispute settlement procedures and mechanism of the framework agreement on the BIMSTEC FTA with specific time table. Bilateral consultation shall be held within 30 days upon a request made by any member. If the consultation failed to settle the dispute within the period of 60 days the complaining member may proceed directly to request for the constitution of an arbitral tribunal. The arbitral tribunal shall have three members. The complaining member shall appoint an arbitrator to the arbitral tribunal within 20 days after making the request for constitution of the arbitral tribunal.The arbitral tribunal shall submit its final report within 120 days from the date of its composition.The member concerned shall promptly comply with the findings and recommendation of the arbitral tribunal.
  4. Safeguard Measures. BIMSTEC safeguard measures permit member countrieto withdraw the tariff concession to protect domestic industry from serious injury due to increase in import form free trade under BIMSTEC FTA. BIMSTEC safeguard measures are not applicable against any products of LDCs if the import of a product from an LDC does not exceed five percent, provided that LDC members with less than 5 percent import share collectively account for not more than 15 percent of the import share of importing country.
  5. Cooperation and Mutual Assistance in Customs Matters. The member countries of BIMSTEC through their customs administrations shall provide each other administrative assistance for the proper application of customs law, for the prevention, investigation, legal proceedings and combating of customs offences and for cooperation and technical assistance.
The most significant feature in the economic development activities of BIMSTEC is the proposed Free Trade Area amongst the member countries which expected to expand it later to involve other countries as well as other Regional Trading Blocs. It was the BIMST-EC Economic Ministerial Meeting held in August 1988 which concluded with certain decisions that BIMST- EC should aim to develop a Free Trade Agreement.
At the BIMSTEC Trade, Commerce and Economic Ministerial meeting held on February 8th 2004 in Phuket Thailand, the member countries jointly signed a Framework Agreement to establish a Free Trade Area by 2013 to create a conducive environment for trade for member countries without any barriers. Initially Bangladesh did not sign the agreement due to prevailing domestic issues, but later Bangladesh joined for the Framework Agreement.
The objective of the Agreement is to strengthen and enhance economic , trade and investment cooperation among the members, progressively liberalize and promote trade goods and services and explore new areas. 

Prospects of Free Trade Area for Sri Lanka: 

BIMSTEC is an important trade agreement to member countries including Sri Lanka, as it is has the potential to bridge for long term trade in South Asia and South East Asia. It covers significant areas of Asia. The BIMSTEC region is a region with US$ 2454 Billion GDP containing 1.5 billion population and US$ 1135 Billion total trade. This organization mixes a diverse cultural, social and economic group. Social and Economically Sri Lanka , India and Thailand are defined as non- less developed countries and other four countries Bangladesh, Bhutan, Myanmar and Nepal are in the LCD category. It is understood now that Japan is willing to help BIMSTEC to make it’s objectives successful. BIMSTEC, the organized trade bloc in South Asia and South East Asia would be fortunate to share the cooperation extended by Japan as the 5th economic power in the world. Sri Lanka has been trading with Japan who is our ninth largest export market with US$ 226 million ( 2013)exports during a long period of time. The possibility of Japan joining BIMSTEC will make a better platform for Sri Lanka to expand her market share in this leading market.
It is thought today that China too would consider extending its cooperation to BIMSTEC. Since 2003, China has entered nine FTA’s and China is still looking forward to have more FTAs with Asia. Presently a few FTAs are in progress of development according to Chinas preference such as China.
Today, cooperation amongst the trading blocs has increased and important discussions are being held regarding free trade facilities in a global social economic scenario. The ASEAN having a FTA with NEW Zealand and Australia is one such case. Some economists predict that in future the ASEAN will cooperate with BIMSTEC to create a wider free trade area in Asia . Thailand and Myanmar as members of the ASEAN has great potential in making this concept a reality.
The Strategic Plan 2010 – 2015 of Sri Lanka Export Development Board, the National Plan for Export Development indicate that one of the targets under the plan is to increase exports to markets other than EU and USA by over 50% by 2015. The increase of 50% exports of export markets other than EU and USA is not an easy target. EDB Strategic Plan 2010 – 2015 also indicate that China Russia and other Asian countries as emergence of friendly nations of Sri Lanka have potential for Sri Lanka exports.
If EDB needs to diversify Sri Lanka export destination from Europe to Asia and other countries, they should utilize these opportunities to its best. After it takes some time to implement FTA, but Sri Lanka should ready to utilize it. Even the promotional strategies should now build up with new tendencies in BIMSTEC counties for long term benefit.
Sri Lanka’s exports to Myanmar value US$ one million ranking 116 the position in the list of export destination. This reveals that very negligible trade is done with Myanmar. The main reason behind is that Sri Lanka maintain only political, cultural relationship as Buddhist country not much on trade. Today Myanmar displays it willingness to politically change it governing system and moving towards a more liberal path. Sri Lanka Government together with the Chambers should develop a new mechanism on how to enter the Myanmar market strategically. It is a timely need to organize trade missions to Myanmar and strengthen the relations with respective counterparts in Myanmar such as Myanmar Sri Lanka Friendship Associations.  

Discussions at the third BIMSTEC Heads of Government Summit. 

The third BIMSTEC Heads of Government Summit, concluded on the 14th of March 2014 in Nay Pyi Taw , Mynamar where very significant decisions were taken in order to accelerate the economic growth and social progress in the sub-region. The theme of this third BIMSTEC Heads of Government Summit was “Partnership for harmony and Prosperity”.
The hallmark of the BIMSTEC was the initiative of creating free trade area amongst the member countries and expanding it to other countries and regional trade blocs. The declaration of third BIMSTEC Heads of Government emphasizes that the leaders decided to move forward towards finalization of the draft Agreement on Trade in goods with agreed general rules of origin and project specific rules.
Three agreements were signed in the summit. 
  1. Memorandum of Association on the Establishment of the BIMSTEC Permanent Secretariat at Dhaka.
  2. Memorandum of Understanding on the Establishment of the BIMSTEC Cultural Industries Commission (BCIC) and BIMSTEC Cultural Industries Observatory (BCIO) in Bhutan.
  3. Memorandum of Association among BIMSTEC Member Countries Concerning Establishment of a BIMSTEC Centre for Weather and Climate at NOIDA.