REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS Commission that a thorough examination of the additional protocols was underway and that, once that examination had been completed, it would revert to the Commission on this matter. The Commission requests the Government of India to complete its examination of the 1977 Protocols at the earliest and to provide its comments to the Commission. 3) Convention Against Torture 5.17 Pursuant to the Commission's recommendation, the Government of India signed the Convention Against Torture on 14 October 1997. However, some six years later, it has not yet ratified the Convention. This delay has given rise to serious concerns, both within the country and in major external forums, including treaty bodies. It has also affected adversely the capacity of the law enforcement agencies of the country to secure the extradition of those wanted for serious crimes. This has been of detriment to the national interest. 5.18 The Commission has noted that, according to the Memorandum of Action Taken on the Commission's annual report for 2000-2001, the views of the Ministry of External Affairs have now been formulated and are being discussed with the concerned Government functionaries and institutions to examine, inter alia, the requirement of enabling legislation. 5.19 The Commission would like to reiterate that, in its view, the ratification of the Convention is long over-due. As indicated earlier, Article 21 of the Constitution already covers this area effectively. Further, the right against torture has been judicially recognized by the Supreme Court as a Fundamental Right. The delay, therefore, is deeply embarrassing to the country and inexplicable to those who are interested in the better protection of human rights. It casts an unnecessary shadow on the intent of the Government, where none should exist. 4) Convention and Protocol on the Status of Refugees 5.20 The Commission has stressed the need for a comprehensive national legislation to deal with refugee situations facing our country and to distinguish bona fide refugees from economic migrants, illegal immigrants and other foreigners. The Commission expressed the hope that the action initiated by the Central Government in this respect would be completed within a clearly ANNUAL REPORT 2002-2003 ... ... 75 ... ... ..