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Canada-India Relations: Turbulent Times Ahead? Need for Reciprocal Reconciliation

 

 

Disclosure of Prejudice

One of my sons has just become a Canadian citizen, and another son is in the race for the H1B/green card process. I have applied for a visa to visit these countries.

I got interested in International Relations due to my participation in Jessup Moot Court. Thereafter, I pursued my Master's Degree in International Law from the Department of Legal Studies, University of Madras. I have been an active participant in the Justice delivery mechanisms within the territories of India. I have been teaching, blogging, and experimenting in different areas of Justice administration. Hence, I am upset with the recent happenings in Canada following the murder of Late Nijjar on Canadian soil, allegedly with the connivance of Indian Intelligence Agencies; these have driven a big wedge between India and Canada.

Canada and India have many things in common; besides being democracies and members of the Commonwealth of Nations. Canada became a fairly independent Dominion government during the very early part of the 20th Century. India became independent and became a constitutional democracy about 5 decades later.

Canada’s economy is intertwined with the US economy. Canada is one of the world's largest countries but has the lowest population density. Hence, naturally, countries like India, the Philippines, China and Vietnam with their prolific population increases have contributed more to the Canadian population than internal growth. Canada today figures very high in the Global Development Index. Arguably, its passport is among the strongest in the world whereby Canadians are entitled to Visa-free entry and a right to take employment in most of the world's advanced economies. Canada has a very liberal policy of granting asylum. Freedom of Religion, Association and the right to protest are sacrosanct in Canadian Polity. To the credit of Canadians, it must be said that they have evolved into a welfare state even though they aligned themselves with the capitalist West. In its very long history, Canada did not fight its own wars. It has also played an active role in global diplomacy and has played an important role in UN peacekeeping operations as well as NATO-inspired security enforcement measures around the world. India on the other hand within a period of 50 years since its inception, had to fight 5 full-fledged wars. Some of the areas claimed by India as its own are under Pakistani/Chinese occupation. India is a more multicultural, multiethnic and multilingual state than most countries in the world.

To begin with, under the illustrious leadership of Pandit Nehru, India played an important role in the decolonization of the world. This objective made India align more with the policies of the USSR though officially proclaiming itself to be non-aligned.   Traditionally, Indians have perceived Canada as a more friendly country.  Nowadays, many young Indians whose H1Bs are rejected choose to become permanent residents of Canada. It must be said to the credit of Canada that nowadays like Australia and New Zealand Canada also encourages immigration from all territories without discrimination. Earlier residents of Europe and South America were preferred. Unlike the US Green card holders, Canadian PRs get their citizenship after three years of Domicile. Hence, asking Canada to curtail the size of its diplomatic and consular missions will put more Indians (in a cultural sense) in additional difficulties. India had also announced the suspension of the issue of visas to Canadian nationals. This blanket prohibition does not go well with the Indian Dharma of Vasudhaiva Kutumbakam 
(World is one family). Considering our 1.4 billion population and our History of migration to other continents (voluntary and compulsory), naturally, now look upon Canada as the land of milk and honey. The trade between India and Canada is quite substantial, even if not at the same level as India’s trade with the USA, China and Europe. There is a lot of scope for our aspiring more globalized younger Indian population in a society like Canada where there is a rule of law and the rules are implemented fairly and uniformly. Hence, India is coming in the way of the aspirations of many of its own younger population by downsizing the Canadian Embassies or Consulates in India.

Pakistan-Khalistan-Contamination

The Khalistani Movement, whose birth was fermented in India due to the short-sighted policies of Mrs Gandhi's government provided a great opportunity for Pakistan to avenge the India-inspired separation of Bangladesh. Since the United Kingdom was in a better position to manipulate the foreign policy of Pakistan, it always provided covert diplomatic support to Pakistan. Since decolonisation drained the revenues of the United Kingdom, it was replaced by the USA, which gave Pakistan military and economic aid in a big way. In fact, even with respect to trade and immigration many Western nations hyphenated India Pakistan Parity, even though India is a few times bigger and strikingly different when it comes to constitutional governance and diplomacy. But, at the same time, India has its own problems in development and ensuring the Unity and integrity of its country. On the other hand, Canada does not put as much importance on the preservation of the Unity of Canada. Very often, the people of Québec go on a referendum to secede from Canada. They do it because their commitment to federalism is genuine. The people of Québec realized this and saw a better future in being part of Canada than declaring themselves to be Independent. Not many federations in the world can risk referendums in their territories. People are already predicting that unless the UK reverses its Brexit policy, it will be a question of time before Scotland secedes from the UK. India faces integration problems in Jammu & Kashmir and the North-east. Both are aggravated by India’s hostile neighbours  Despite the support from the Indian Sikh diaspora settled in the UK, Canada, and even Australia, the Khalistani Movement in India is part of the tragic history of Indian National Evolution. Hence, India has reason to believe that the Western world, more particularly the NATO alliance had been extremely partial to Pakistan. India did not get much help from Western nations in its difficult nation-building process. Even today, India’s share in global trade does not match either the size of the territory or its population. Because of this, western nations have always thought that they could take potshots at India without fully following diplomatic and Judicial niceties. They could get away with that many times in the past. However, the Modi government is different from any other Indian government in the past. Mr Moraji Desai, the first non-Congress prime minister of India (himself a very staunch Congressman) thought that India’s Foreign Intelligence Agencies were against the international law norms demanding non-interference in the internal affairs of a third state. That is why when the rest of the world wanted Mr Zulfikar Ali Bhutto to be pardoned from his death sentence, Mr Moraji Desai did not mention a word about it. In fact, if he could have had his way, RAW and the Intelligence Bureau would have been disbanded long ago. Somehow, this did not happen. One must also concede that having such agencies is not a definite guarantee of military security. If MOSSAD can fail, as in the recent Gaza conflict, the money spent on these agencies could have been better spent on more useful pursuits such as the mitigation of local poverty. It is in these circumstances the increased role of Indian Intelligence agencies in South Asia, the Middle East, Europe and North America warrants more careful consideration. 

India today faces 2 hostile neighbours who have in the past waged wars against India. These neighbours continue to interfere with the affairs that, under international law, fall under the category of domestic jurisdiction of a state. Canada today is ruled by a professed liberal who does not enjoy even a simple majority in the Canadian parliament. His party does not have the maximum number of members in the Canadian parliament. His continuance as PM compels him to expect and reciprocate support to a party in Canada that has the maximum number of people professing Sikhism. Hence, one can understand his compulsions. But this by itself will not be enough to condone his transgressions of customary international law relating to the shelter of fugitives in their territories.  

If Trudeau's government wants, based on their investigations, to initiate proceedings in Canada and issue Letters Rogatory to the Indian courts asking for India’s cooperation in the investigation of Nijjer’s death. Without doing it, he thought that he could talk to the Indian Prime Minister and expect the Indian Prime Minister to do his bidding as was done in the past by other Western governments. [One has to recognise that Mr Nambi Narayanan was arrested and humiliated because a foreign power was very keen that India should not pursue cryogenic rocketry]. But then Mr Trudeau’s clout is not as strong as that of the other power. Mr Trudeau miscalculated that the other powers (meaning Five Eyes) would unconditionally support him in his quest for neo-imperialism of making Asian governments dance to their tunes. But things have changed in the world. The world is becoming truly multipolar. Military power is becoming increasingly less dependable for influencing global affairs, as both the USA and Russia realized in Afghanistan. Russia still cannot subjugate Ukraine.

What is needed is Reciprocal Reconciliation

But I would want my nation to have good political and economic relations with Canada. It is in the best interest of India to have Canada as one of its reliable friends. To achieve this objective, we need more Indian diplomats in Canada and vice-versa. After all, Israeli actions against Nazi offenders had not prevented Israel from having healthy relations with countries in South America, as well as Europe. It is tightrope walking that our foreign office should perfect. As an Indian citizen, I expect a closure of this vexed issue in due course of time. It may happen if Justin Trudeau is defeated in the forthcoming Canadian polls. But I must add that even if Modi is defeated in the forthcoming Indian polls, the successor government may not be in a position to rein in Indian Foreign Intelligence Agencies as they now not only have power but also have tasted success. Even the Ministry of Foreign Affairs and Home will find it difficult to shift the foreign policy in this regard. But the ‘Soft Power’ that we would gain with the Indian diaspora in Canada will, over a period of time. Outweigh the benefits of ‘Hard Power’ (if any?) that these Intelligence Agencies will bring to the table. We should resume visa services to Canadians and allow them to operate their visa section without any impediments by removing the cap on their consular staff.

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