REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS j 53 3) Convention Against Torture 5.18 In its last annual report of 2000-2001 the Commission had urged the Government to fulfil its promise to ratify the Convention Against Torture which it had signed as long ago as 14 October 1997 on the recommendation of the Commission. The Commission has noted that, in its Memorandum of Action Taken on the annual report of the NHRC for the year 1999-2000, the Government has now stated that 'the Ministry of External Affairs has initiated action in the matter and has emphasised to the authorities concerned the need for effecting changes in domestic legislation in order to bring its provision in conformity with the UN Convention Against Torture,' 5.19 The Commission is of the view that the process of ratification must proceed with far greater speed and clarity of purpose than has hitherto been the case. The lapse of nearly five years since the Government of India signed this treaty has not gone unnoticed either within the coimtry, or in major external forums, including treaty bodies, when the commitment of India to the promotion and protection of human rights is considered. Indeed, failure to ratify the Convention has even affected the capacity of the country to secure the extradition of persons wanted by the law- enforcement agencies of India. The irony is all the greater because Article 2i of the Constitution already covers this area effectively. Further, as has repeatedly been pointed out by the Commission, the Right against Torture has been judicially recognised by the Apex Court as a Fundamental Right, making that right and the corresponding obligation of the State and its agencies a fimdamental entrenched right. The Commission therefore urges the Government, once again, to take the action that is needed to complete the process of ratification without further embarrassing delay. 4) Convention and Protocol on the Status of Refugees 5.20 In its annual report for 2000-2001, the Commission had expressed its firm opinion that there was need for comprehensive national legislation to deal with the refugee situations facing this country and that this law should be devised keeping in view the decisions of the Supreme Court as well as the relevant international instruments on this subject, notably the 1951 Convention relating to the Status of Refugees and the 1967 Protocol on that subject. 5.21 The Government of India has, in response, informed the Commission that the Ministry of External Affairs has 'initiated the process of examining the question of ANNUAL REPORT 2001-2002