Thursday, August 13, 2020

Beirut Port Blast: What lies ahead for Lebanon?

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Charvi Trivedi

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Beirut Port Blast: What lies ahead for Lebanon?

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Global Views 360

Publication Date

August 13, 2020

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The smoke of the Beirut explosion spread over the sky of Lebanon

The smoke of the Beirut explosion spread over the sky of Lebanon | Source: Mehrnews.com via Wikimedia

The year 2020 will be remembered as the year of disasters in the history of humankind. A devastating tragedy struck Beirut, the capital of Lebanon on August 4, 2020, in the form of a massive explosion which occurred in the port area and ripped a large part of the town .

As per initial estimate the death toll stands at 157 with more than 5000 people severely bruised and thousands displaced from their homes. The incredible force of the blast could be felt as far as Cyprus, which is at a distance of 250 kms from the explosion site.

A giant red cloud of smoke erupted in the clear skies followed by a deafening ‘bang’ and smashing of windows. "First we heard one sound. Seconds later there was a big explosion. All hell broke loose and I saw people thrown five or six metres" said Ibrahim Zoobi, who worked near the port. Satellite images show that warehouses and buildings within a radius of 2km from the site of the blast were completely destroyed, ending up in debris.

The intensity of the blast was equivalent to almost ‘2.2 kilotons of TNT’, according to an analyst and weapons expert. The aftermath included scenes of jam-packed hospitals, running without proper electricity connection, increased demand of blood donations and generators and agonized cries of people searching for their loved ones amongst the rubble filled roads.

Michel Aoun, the President of Lebanon | Source: Wikimedia

American President Donald Trump was quick to tweet about calling the blast a ‘terrible attack’. However, according to Michel Aoun, the President of Lebanon, the actual culprit of the blast was the 2,750 tonnes of fertilizer, ammonium nitrate, stored in one of the warehouses in the port area which caught fire. This explosive material was reportedly confiscated from a Russian cargo ship, back in 2014, when it made an uninformed stop at the Lebanese port.

Ammonium nitrate is a white substance used as a fertilizer as well as an explosive. It cannot explode on coming in contact with air but can detonate immediately as it encounters a flammable substance like oil or fire. Being an oxidiser, it will accelerate the severity of the explosion and also lead to release of toxic gases like nitrogen dioxide.

Boaz Hayoun, one of the top bomb experts of Israel, states “Before the big explosion, in the center of the fire, you can see sparks, you can hear sounds like popcorn and you can hear whistles”, which is a strong indication of fireworks. This might point towards seemingly inadequate warehouse management issues in Beirut, as such substances might have come across the explosive nitrates and instigated the blast. The safety protocols were simply not followed, despite being aware about the presence of a ‘ticking time bomb’ in the warehouse.

As Beirut is fighting the COVID-19 pandemic and a financial crisis, it was definitely not ready for another blow. Beirut’s grain storage tower, the largest in Lebanon, was also engulfed in the flames, hampering the entire country’s food security. "It's an economic crisis, a financial crisis, a political crisis, a health crisis, and now this horrible explosion” says Tamara Alrifai, spokesperson for the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

France, the US, Italy, Turkey, Iran, EU, and OIC came up with the offer of help and show support for the people of Beirut.  Emmanuel Macron, the President of France, was the first foreign leader to visit the crisis-hit Beirut. While he consoled the citizens, their grief turned into anger as they chanted the word ‘Revolution’.

There is great anger among the citizens against the government, whom they accuse of being corrupt, sectarian, unaccountable, and out of touch with the common people. The intense protest by the people on the street forced the Prime Minister Hassan Diab to resign along with his cabinet on August 10, 2020.

The economic cost of the Beirut blast, where over 300,000 people have become homeless after their homes get destroyed, is estimated to be $15 Billion. Lebanon, which was already on the verge of economic collapse before this disaster struck, may find it impossible to withstand such a blow to the economy. It will need the support from the world over to rebuild Beirut.

A donor conference for rebuilding Beirut received a total pledge of about $300 million. Though it is a minuscule figure as compared to the destruction in Beirut, it will help to tide over the immediate humanitarian crisis. Apart from this Turkey has offered to help rebuild the port of Beirut and many countries are sending relief supplies.

The days ahead for the citizens of Beirut are going to be challenging as the country navigates the sectarian divide during the formation of a new government. It will be keenly watched by the citizens as well as the international community, whether Lebanon will discard its entrenched ruling elite and reject the toxic sectarian divide to elect an inclusive government or continue to perpetuate the misery on the common citizens.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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