The Nagaland police have now filed a chargesheet against 30 personnel of the 21 Para (Special Forces), allegedly involved in the killing of miners and protesters in December 2021. Police had also initiated a procedure to seek sanction for prosecution, which is still awaited.

According to Nagaland DGP T. John Longkumer, the chargesheet was filed in the Mon District and Sessions Court on May 30, and a sanction for prosecution was filed in the last week of April, reported The Telegraph.

Readers would recall that police had registered a case under sections 302 (murder), 304 (attempted murder) and 34 (common intention) of the Indian Penal Code (IPC) in the case that was then handed over to a Special Investigation Team (SIT).

According to a report in the Arunachal Times, those chargesheeted include at least one officer of the rank of Major, as well as two subedars, eight havildars, four naiks, six lance naiks and nine paratroopers. The publication quoted Longkumer as saying, “Investigation has revealed that the special force operation team had not followed the standard operating procedure and the rules of engagement and resorted to indiscriminate and disproportionate firing, leading to immediate killing of the six occupants of the vehicle on the spot and grievously injuring two persons.”

He further said, “A professional and thorough investigation was carried out by the SIT,” and that, “Various pieces of evidence, including relevant important documents from various authorities and sources, scientific opinions from the Central Forensic Science Laboratory, Guwahati, Hyderabad and Chandigarh, and technical evidence from the National Institute of Electronics & Information Technology were collected during the course of investigation.”

Brief background of the case

Readers would recall that on the evening of Saturday December 4, 2021, eight miners were on their way back home from work, when personnel of the 21 Para Special Force opened fire on them at a stretch of the road between Tiru and Oting villages in Mon district, just about 100 kilometers from India’s international border with Myanmar. While six died on the spot, two survived and were treated for their injuries at a hospital in Assam, across the state border.

But what enraged people even more was how seven more people, who were members of a search party that had gone looking for the miners when they did not come back home on time, were also shot dead by security forces. A joint report by the Nagaland Director General of Police (DGP) and Commissioners says the security forces were caught in the act of “hiding the bodies” of miners in a bid to take them away to their base camp across the border to Assam by these villagers. When the villagers protested, the security forces opened fire again.

Another civilian was killed when protesters attacked an Assam Rifles camp on December 5, after bodies of the dead were not brought to the helipad at Mon for a funeral. The change of plans had not been communicated to mourners who set properties and vehicles at the camp on fire.

Thus, the total civilian death toll in the entire sordid affair stands at 14, all from the Konyak tribe, the largest Naga tribe.

The impunity of the security forces became starker, when the Army issued a statement claiming it was a case of mistaken identity, something that can only be described as a feeble excuse given how no attempt was made to verify identity of the people before the security forces opened fire. SabrangIndia had reported previously how on the security forces had claimed that they had ambushed the convoy because they had “bad intel” that members of the National Socialist Council of Nagaland (Khaplang) or NSCN-K, a separatist group that has been designated a terrorist group, were travelling through the region. Shortly afterwards, the Army had issued a statement saying, “Based on credible intelligence of likely movement of insurgents, a specific operation was planned to be conducted in the area of Tiru, Mon District, Nagaland. The incident and its aftermath are deeply regretted.”

However, this explanation didn’t wash with anyone given how security forces opened fire without verifying the identities of the people they were shooting at, something that has now been corroborated by the DGP’s report.

Given how security forces are virtually shielded from accountability for their actions because of the Armed Forces Special Powers Act (AFSPA), the chorus to repeal the draconian Act had been growing, not just in Nagaland, but across the North East. Meghalaya Chief Minister Conrad Sangma became the first Chief Minister in the north east to demand the Act’s repeal, followed by Nagaland CM Niphun Rio.

Later that month, the Nagaland State Assembly unanimously adopted a resolution to repeal the AFSPA. The resolution was moved by none other than Nagaland Chief Minister Niphun Rio. Interestingly, the Bharatiya Janata Party, that is the ruling regime at the Centre, is also a part of the coalition government in Nagaland.

AFSPA and the abuse of power in the North East

The AFSPA has been in effect in the North East since 1958, while Nagaland became an Indian state in 1963 and has thus remained under AFSPA for close to sixty years. AFSPA allows security forces to conduct operations anywhere and arrest anyone without a warrant. This power has allegedly been misused by security forces to torture locals with several allegations of gendered crimes also mode from time to time.

The image of the Mothers of Manipur stripping and holding a banner saying, “Indian Army Rape Us”, is still fresh in the minds of people. The AFSPA has been condemned by many rights groups and most famously by human rights defender Irom Sharmila for its misuse by security forces to commit excesses, abuse and human rights violations.

In fact, scrapping the AFSPA was one of the key demands of the draft framework agreement to maintain peace in the region signed between the National Socialist Council of Nagaland (Isak Muivah) (NSCN-IM) and the government interlocutor RN Ravi in 2015. However, the act was not withdrawn.

In January 2021, the Ministry of Home Affairs (MHA) declared the entire state of Nagaland as a “disturbed area” for six more months (after it had done so in June 2020), under the Armed Forces (Special Powers) Act (AFSPA), 1958. This was extended by six more months at the end of June 2021, and is therefore effective till December 31, 2021. This is how repeated extensions have kept the draconian law in effect in the North East for decades.

Related:

No respite for Nagaland, MHA extends AFSPA for six months

Nagaland Assembly adopts resolution to repeal AFSPA

Nagaland gov’t to hold special session on AFSPA

Nagaland killings: Chorus grows for repeal of AFSPA

Army tried to hide bodies: Nagaland DGP’s report

Nagaland Killings: NHRC takes suo motu cognisance

So long as AFSPA protects soldiers from accountability, such atrocities will continue: HRW

The post Nagaland Killings: Police file case against 30 security personnel appeared first on SabrangIndia.

At 6 A.M on Monday, members of various rights groups as well as ordinary people of Nagaland began a two-day march to demand the repeal of the Armed Forces Special Powers Act (AFSPA) in the region. They began from Dimapur and will cover a 75 kilometer distance reaching Kohima tomorrow and submit a memorandum to the governor at Raj Bhavan.

The march organisers ensured that all Covid protocols were followed and only fully vaccinated people were permitted to join, that too on the condition that they will wear a mask and maintain social distancing. According to The Quint, a Rapid Antigen Test (RAT) for prospective participants was conducted for all prospective participants at Dimapur District Hospital on Sunday January 9, 2022.

On Monday, the protesters marched through different parts of the state such as Kukidolong, with a halt for lunch at Medziphema. At night they will halt at Piphema before resuming the march the next day.

The AFSPA has been opposed with renewed vigour in Nagaland after the killing of 14 civilians including six coal miners in December last year. The incident took place on December 4 when coal mine workers belonging to the Konyak tribe were on their way home from work, travelling on the road that connects Thiru to Oting in Mon district of Nagaland, less than a hundred kilometers from the international border with Myanmar. Personnel of the 21 Para Special Forces opened fire on their vehicle, allegedly without even verifying their identity. Six miners were killed and two injured in the incident.

Shortly afterwards a search party from the village of the miners came looking for them and as per a joint report of Nagaland’s Director General of Police (DGP) and Commissioner, “On reaching the spot, they found the pick-up truck and the special forces personnel trying to hide the dead bodies of the six villagers by wrapping and loading them in another pick-up truck (Tata Mobile) apparently with the intention of taking the dead bodies to their base camp.” When the villagers tried to stop them, the security forces once again opened fire on them and killed seven more people.

The Army later sheepishly issued a non-apology claiming the forces were acting on a tip that insurgents were travelling in the area with a cache of arms. But that neither explains why it did not bother verifying the identity of people they shot, nor why they were trying to whisk away the bodies of the dead. The following day, angry protesters attacked a camp of the Assam Rifles after bodies of the dead were not brought to the Mon helipad where a funeral had been planned by the villagers. One more civilian was killed in this protest taking the toll of civilian deaths to 14.

Since then, the Nagaland government has unanimously adopted a resolution to rid their state of AFSPA, and push for the repeal of the Act. “This House must sound the desire of the people. The desire of the people is to repeal this undemocratic and draconian law,” said Nagaland Chief Minister Neiphiu Rio when the resolution was adopted on December 20.

The AFSPA has been in effect in the North East since 1958, while Nagaland became an Indian state in 1963 and has thus remained under AFSPA for close to sixty years. AFSPA allows security forces to conduct operations anywhere and arrest anyone without a warrant. This power has allegedly been misused by security forces to torture locals with several allegations of gendered crimes also mode from time to time.

After a meeting between Union Home Minister Amit Shah and leaders from the North East such as Nagaland Chief Minister Neiphiu Rio, Deputy Chief Minister Y Patton, Naga People’s Front Legislature Party leader TR Zeliang, and Assam chief minister Himanta Biswa Sarma on December 23 in New Delhi, the Centre had decided to form a five-member panel to examine possibility of withdrawing AFSPA in the region. However, just days later, on December 30, the Ministry of Home Affairs (MHA) extended AFSPA in the region for six more months! It issued a Gazette notification saying, “The whole state of Nagaland is in such a disturbed and dangerous condition that the use of armed forces in aid of civil power is necessary.”

Related:

No respite for Nagaland, MHA extends AFSPA for six months
Nagaland Assembly adopts resolution to repeal AFSPA
Nagaland gov’t to hold special session on AFSPA
Security forces gun down 13 civilians in Nagaland
Nagaland killings: Chorus grows for repeal of AFSPA
Army tried to hide bodies: Nagaland DGP’s report
Nagaland Killings: NHRC takes suo motu cognisance
So long as AFSPA protects soldiers from accountability, such atrocities will continue: HRW

The post Anti-AFSPA march in Nagaland appeared first on SabrangIndia.

December 4, 2021, marked a dark day for Nagaland, as the state, unwillingly under the control of armed forces, suffered a loss of 13 innocent civilian lives at the hands of personnel of 21 Para Special Forces. It is such unfortunate incidents that remind the rest of the country of the plight of such states still reeling under the control of the armed forces after having been declared as “disturbed areas” under Armed Forces Special Powers Act (AFSPA) 1958, and why they have always voiced dissent against the law.

The AFSPA is a very brief law with limited provisions, just 6 sections which cover the ambit of the Act. Within these 6 provisions, the government has the power to declare areas as disturbed areas and to give special powers to armed forces and also allows it to protect the armed forces acting under it. A plain reading makes it seem like a law that was made to protect an area which is in a disturbed or dangerous condition, necessitating the use of armed forces along with civil power, to better protect the populace. But this succinct Act has engulfed Jammu and Kashmir and many states in the North East region for decades. Over the years it has only come to light that the armed forces bestowed with unbridled powers have acted in disregard of human rights and against the interest of the people they were meant to protect in the first place.

When AFSPA was enacted in 1958, it was only in place in Assam and Manipur, purportedly to curb rebellion by Naga separatist groups. In 1972, it was extended to Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh. The law came to Jammu and Kashmir in 1990. It was applied to Kashmir Valley in 1990, and in 2001, it was extended to Jammu province as well. However, the Ladakh region which is now a separate Union territory was never under AFSPA.

It has been long argued that a law like AFSPA has no space in a democratic country like ours and should be done away with. The law seems like a cousin of repressive colonial laws and does not fit in a 21st century democracy that has been independent for more than 75 years. The issue with the Act is not just that it grants unlimited and excessive powers to the armed forces, but also the impunity that comes along with it, which only makes matters worse, when you consider the rampant violation of human rights.

India is a Union but also a federation of states

The Nagaland cabinet has passed a resolution seeking repeal of AFSPA, which means the state does not wish for the Centre to continue to control a democratically elected state government and its people, through such an oppressive law. This brings us to reflect upon the mixed federal and Union structure of our country. Though purporting to be a division of legislative powers between the Union and the States, the Seventh Schedule to the Constitution, it is well accepted, does represent the division of powers between the Union and the States. the Constitution does not contemplate that the obligation to protect the States in the Union shall be carried out by the Union Government only by invoking Article 352 (external aggression or internal rebellion) or Article 356 (to ensure that the government of every State is carried on in accordance with the provisions of the Constitution); the said obligation can be performed in such manner as may be found appropriate, without of course violating the spirit and letter of the Constitution.

Brief history of Nagaland

Not wanting to accept any form of foreign domination, alien subjugation and exploitation, the Nagas in the “Naga Hills District” formally declared their independence on August 14, 1947, from the British Rule. The Nagas were invited to join the Union of India when it was formed for the first time in history in 1950, but they rejected the offer outright. On January 24, 1950, the Naga National Council (NNC) informed the Indian Government, the United Nations (UN) and those countries that had their embassies in Delhi that the Nagas do not accept the Indian Constitution.

To reaffirm the declaration of Naga Independence, the Naga people under NNC took the historical step to strengthen the Naga political movement as they organised a Naga Voluntary Plebiscite and informed the Government of India (GoI) on January 1, 1951, of their intentions. The Plebiscite was held on the May 16, 1951. The result tabulated eventually in March 1952 was 99.9% voted in favour of sovereign independent Naga state.

In June 1947, the NNC and Assam Governor Akbar Hyderi initiated negotiations to settle the Naga issue by way of an interim political and administrative arrangement.

As per theagreement, the Nagas were granted varying degrees of judicial and administrative autonomy. The Naga Council was also granted taxation rights. The Governor of Assam and the Government of India were to ensure the observance of the agreement for a period of 10 years, following which a decision was to be taken to either extend the agreement or enter into a fresh one. 

However, the clause about the 10-year period has been interpreted by the two sides differently. While the Nagas saw it as independence from India after 10 years, India took it to mean that a new agreement would be entered into should the present one fail to address all concerns sufficiently.

Hence, it has become abundantly clear that Nagaland wanted to be independent from India and now it has been relegated as a “disturbed area” and under the constant control of the central government and its armed forces, completely against the wishes and interests of the residents of the state.

AFSPA and the North East

Scrapping the AFSPA was one of the key demands of the draft framework agreement to maintain peace in the region, signed between the National Socialist Council of Nagaland (Isak Muivah) and the government interlocutor RN Ravi in 2015. However, the Act was not withdrawn.

The constitutionality of AFSPA had been challenged in the Supreme Court (Naga People’s Movement of Human Rights v Union of India, 1997). The petitioners and the National Human Rights Commission (NHRC) had argued that Parliament could not legislate on what was essentially a domain of the state — maintaining public order. However, a 5-judge bench upheld the constitutionality of the law unanimously.

“The conferment of the said power on the Central Government regarding declaration of areas to be disturbed areas does not, however, result in taking over of the state administration by the Army or by other armed forces of the Union,” the court had said. The court had also warned against armed forces using excessive force. However, the incident of December 4 is proof of the fact that this directive of the Supreme Court has not been followed at all.

IT has been widely acknowledged that t the general administration of at least two states, Manipur and Jammu and Kashmir are wholly dependent on the security forces.[1] The Act has been in force in Manipur since its inception.

AFSPA and the unbridled powers

Under section 4 of AFSPA, an officer of the armed forces can fire upon or use force upon any person “acting in contravention of any law or order for the time being in force in the disturbed area”, “after giving such due warning as he may consider necessary”.

The personnel can even prohibit assembly of 5 or more persons and can prohibit carrying of “things capable of being used as weapons”.

The personnel can even destroy any “shelter” or fortified position from where armed attacks are likely to be made.

Further, they can arrest, without warrant, any person against whom there is suspicion that he has committedor he might commit a cognisable offence and is also allowed to use force to make such an arrest.

They also have the power to enter and search without warrant any premises and may use force for that purpose. They are required to hand over such arrested persons to the nearest police station but not within a stipulated time only “with the least possible delay”.

The powers are unbridled on the face of it, but the armed forces are furthermore protected under section 6 where the Act provides that no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person acting under the Act.

That means the power of the central government in this regard is absolute, with the state government having no say in it.

Although the Supreme Court in the 1997 judgement asked that state government be consulted. It also directed that the same should be periodically reviewed. Accordingly, each notification for extension is valid for 6 months however, no real review takes place and the same is extended in the most mechanical manner without serious considerations of the situations on ground and without consultation with the State government in power.

AFSPA is colonial

AFSPA is based on a 1942 British ordinance intended to contain the Indian Independence movement during the Second World War and it was enacted in 1958 by independent India. Initially it was only in place in Assam and Manipur, purportedly to curb rebellion by Naga separatist groups. In 1972, it was extended to Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh. The law came to Jammu and Kashmir in 1990. While it was applied to Kashmir Valley in 1990, it was extended to Jammu province as well in 2001. However, the Ladakh region which is now a separate Union territory was never under AFSPA.

Sanjib Baruah explains in his book that the roots of the law go back to colonial policing, where the army and the police were viewed as complementary, not alternative, forces of control. People are effectively treated as subjects rather than as citizens of the country.

Political unwillingness and interest of armed forces

In 2016, then Chief Minister of erstwhile state of Jammu and Kashmir Mehbooba Mufti had suggested removal of AFSPA from certain areas of the valley. In response, some defence experts had said that this was not the time and the army had made it clear that it needed AFSPA to fight militants in J&K and the Centre was silent on the issue.

The Congress-led United Progressive Alliance presented the picture of a government that had good intentions frustrated by forces beyond its control, of natural compunctions that had to be set aside for national compulsions of security, defined by the military apparatus.[2]

In November 2014, former Home Minister P Chidambaram of Congress called AFSPA an obnoxious law. However, when he had the Home Ministry reigns in his hands, he had defended the law in a meeting with the United Nations High Commissioner for Human Rights. In 2010, there were again serious discussions on repeal of the law as over 120 protestors were killed in Kashmir Valley, however, when the Congress core committee met to discuss the proposal, differences arose between the home and defence ministries. Congress which was in power until 2014 maintained that there was lack of consensus between government and the army making it difficult to take a decision on AFSPA and had also said that he armed forces were not ready for a more “humane law”.

“The Army has taken a strong stand against any dilution of the AFSPA… We can’t move forward because there is no consensus. The present and former Army Chiefs have taken a strong position that the Act should not be amended… They also do not want the government notification [of bringing areas under the AFSPA] to be taken back,” Chidambaram had said in 2013, asking, “How does the government move forward…to make the AFSPA a more humanitarian law?” 

The UPA government made a pretense of reviewing the situation back then and showed failure of consensus. However, the BJP has showed no such signs. The pressure on the government is building up especially from the state government of Nagaland which seems determined to get the AFSPA removed. It is pertinent that the goal should be complete repeal of the law, however it depends on what of political pressure is built, and whether the central government feels compelled to make this move in interest of human rights. In 2015, the Union Home Ministry straightaway rejected the Justice Reddy Commission’s report.

Justice Reddy Commission

Way back in 2005, a Committee led by retired Supreme Court judge, Justice BP Jeevan Reddy, clearly stated that deployment of armed forces or para military forces of the Union to restore public order in any State ought to be an exception and not the rule. Unless it is absolutely essential for the aforesaid purposes, the armed forces of the Union should not be so deployed, since too frequent a deployment, and that too for long periods of time, carries with it the danger of such forces losing their moorings and becoming, in effect, another police force, a prey to all the temptations and weaknesses such exposures involve. Such exposure for long periods of time may well lead to the brutalisation of such forces – which is a danger to be particularly guarded against.

All this means that as soon as the public order is restored or the internal disturbance is quelled, the forces have to be withdrawn to their regular duties. The commission also noted that while our armed forces are one of the most disciplined in the world, situations may arise when they are deployed outside their regular duties, i.e. when they are deployed for maintaining public order or for quelling internal disturbance, certain members thereof may seek to take advantage of their power and position to harass or otherwise trample upon the rights of the citizens of this country.

The Committee had recommended the repeal of AFSPA, saying:

“The Act is too sketchy, too bald and quite inadequate in several particulars. It is true that the Hon’ble Supreme Court has upheld its constitutional validity but that circumstance is not an endorsement of the desirability or advisability of the Act. When the constitutional validity of an enactment is challenged in a Court, the Court examines (i) whether the Act is within the legislative competence of the Legislature which enacted it and (ii) whether the enactment violates any of the provisions of the Constitution. The Court does not – it is not supposed to – pronounce upon the wisdom or the necessity of such an enactment.”

The Committee also recommended that legislative form be given to the directives of the Supreme Court in its 1997 judgement.

To conclude

Even though this incident has come to light now only in Nagaland, it is not only Nagaland that needs to be free from AFSPA but also other states where it remains in operation and when calls for repeal from Nagaland are being made, one ought not to lose sight that this draconian law need not be in place in any part of the country.

Related:

So long as AFSPA protects soldiers from accountability, such atrocities will continue: HRW
Nagaland Killings: NHRC takes suo motu cognisance
Army tried to hide bodies: Nagaland DGP’s report

The post AFSPA: A colonial remnant of a law in a 75-year-old democracy appeared first on SabrangIndia.

In further developments in the shocking cold-blooded killing of coal mine workers by security forces in Nagaland, the National Human Rights Commission (NHRC) has taken suo motu cognisance of the incident based on media reports. At least 14 civilians and one member of the security forces were killed in two separate incidents.

The NHRC has now taken suo motu cognisance of the killings, and has issued notices to the Union Home Secretary, Union Defence Secretary, the Chief Secretary and DGP of Nagaland. The NHRC has asked for a detailed report within six weeks, detailing the status of the investigation that is being conducted by the Special Investigation Team (SIT), compensation paid to families of victims, state of people undergoing medical treatment for injuries sustained in the attack and cases registered against people responsible for the incident. According to LiveLaw, the human rights body observed that security forces should ensure proper precaution and a human approach even when militants are involved.

The two incidents when security forces killed civilians

The first incident occurred on the evening of December 4, 2021 when coal mine workers, all members of the Konyak tribe, were returning home. The security forces opened fire on their vehicle on a stretch of road between Tiru and Oting villages, in the Mon district of Nagaland. While six people died on the spot, two others were injured and taken to the Dibrugarh Medical College Hospital, where they were admitted to the ICU.

Meanwhile, villagers had sent out search parties when the miners did not reach home. According to a joint report by the Nagaland Director General of Police (DGP) T John Longkumer and Commissioner Rovilatuo Mor, it was at this point that the villagers grew agitated upon discovering that the army was trying to hide the bodies and whisk them away. “On reaching the spot, they found the pick-up truck and the special forces personnel trying to hide the dead bodies of the six villagers by wrapping and loading them in another pick-up truck (Tata Mobile) apparently with the intention of taking the dead bodies to their base camp,” said the report. Villagers protested and the security personnel shot dead seven more people, taking the death toll to 13. A serviceman who was injured, later succumbed to his injuries, taking the death toll to 14.

The following day, a funeral was planned at the helipad in Mon, but was postponed to Monday without proper communication to the families and tribe of the deceased. This led to another round of violent protests where a 700-strong mob reportedly burnt properties belonging to security personnel at the Assam Rifles Camp 27 located in Thamnan Ward. A resident of Chi village was confirmed dead in this incident, and six people including an India Reserve Battalion personnel were reported to have sustained gunshot wounds. The death toll now stands at 15.

“Mistaken identity” : A feeble defence

The security forces claim they opened fire thinking the people in the vehicle were members of the National Socialist Council of Nagaland (Khaplang) or NSCN-K, a separatist group that has been designated a terrorist group. The Army’s attempt to blame “bad intel” leading to people being killed on the basis of “mistaken identity” have been widely criticised, as they didn’t even bother verifying the identity of people they were shooting at!

The unit of the security forces involved in the killings i.e the 21st Para Special Force, is interestingly, based in Assam and not Nagaland, and reportedly returned across the state border after the firing. For the security forces based in one state to conduct an anti-insurgency operation in another state, permission has to be sought from personnel higher in the chain of command and coordination has to be established between agencies of both states. The operation has to go through multiple levels of checks and balances, and cannot be carried out spontaneously, therefore “mistaken identity” appears to be a feeble, even misleading defence. Also, even if one were to accept that it was a genuine mistake, what could possibly explain the need to hide the bodies of the deceased and attempt to ferry them across the state border in a clandestine manner?

The AFSPA shield

While both Union Home Minister Amit Shah and Nagaland Chief Minister Neiphiu Rio called it an “unfortunate incident”, emerging ground realities indicate a degree of deliberation, and even impunity, perhaps because of the protective shield provided by the Armed Forces Special Powers Act (AFSPA), 1958, that has been active in Nagaland since it became an Indian state in 1963. The draconian Act has already been criticized for allowing security forces to conduct operations anywhere and arrest anyone without a warrant. This power has allegedly been misused by security forces to torture locals with several allegations of gendered crimes also mode from time to time.

The image of the Mothers of Manipur stripping and holding a banner saying, “Indian Army Rape Us”, is still fresh in the minds of people. The AFSPA has been condemned by many rights groups and most famously by human rights defender Irom Sharmila for its misuse by security forces to commit excesses, abuse and human rights violations.

In fact, scrapping the AFSPA was one of the key demands of the draft framework agreement to maintain peace in the region signed between the National Socialist Council of Nagaland (Isak Muivah) (NSCN-IM) and the government interlocutor RN Ravi in 2015. However, the act was not withdrawn. Now, there is a growing chorus for a repeal of the AFSPA. This is also building pressure on the Bharatiya Janata Party (BJP) government at the Centre, as the party is also part of the ruling alliance in North Eastern states like Assam, Nagaland, Meghalaya, Tripura, Manipur and Arunachal Pradesh.

Impact on Naga Peace Talks

As we have reported earlier, the timing of the attack is also curious given how the Naga Peace Talks have been in a stalemate for some time, with Naga groups digging in their heels on key matters such as repeal of AFSPA, and a separate Constitution and flag to recognise the sovereignty of Nagaland. The NSCN that is part of the Naga National Political Groups (NNPG) that comprise seven separatist groups that are in talks with the Indian government as part of the Naga Peace Process, has condemned the killings saying that the security forces “will never be able to wash its hands off, smeared with the blood of innocent Nagas…” It further said, “The Nagas had in the past faced a trigger-happy Indian SF (security forces), acting with impunity under the GoI’s AFSPA which is mainly used against the Naga political movement. Notwithstanding the ongoing political dialogue that has seen much fruition during the period running more than 2 decades the violence continues unabated. This is one of the most unfortunate incidents of the Indo Naga ceasefire signed.”

Related:

MHA declares entire Nagaland ‘disturbed area’
Turmoil in the North East: Where are the Naga Peace Talks headed?
Nagaland steps one step closer to lasting peace
Turmoil in the NE: The Naga Pact and its ramifications
Security forces gun down 13 civilians in Nagaland
Nagaland killings: Chorus grows for repeal of AFSPA
Army tried to hide bodies: Nagaland DGP’s report

The post Nagaland Killings: NHRC takes suo motu cognisance appeared first on SabrangIndia.

Personnel of the Assam Rifles shot dead at least 13 people on December 4 in two interconnected incidents – the first they claimed was a counter-insurgency operation, the second was due to firing “in self defence” when people protesting the previous deaths attacked an Assam Rifles camp.

However, when it was revealed that those killed in the so-called “counter insurgency operation” were coal mine workers from a nearby village, all members of the Konyak tribe, security forces claimed they had been fed bad intel.

What happened on Saturday, December 4?

The incident took place in Mon district at a spot between Tiru and Oting villages, just about 100 kilometers from India’s international border with Myanmar. Security forces claim they were told about movement of members of the Yung Aung faction of the National Socialist Council of Nagaland (Khaplang) or NSCN-K, a separatist group that has been designated a terrorist group. On the evening of December 4, when workers at a coal mine nearby, all members of the Konyak tribe, were returning home, security forces ambushed this passing convoy and opened fire, killing six coal mine workers on the spot; two more died en route to the hospital.

Meanwhile, Oting villagers sent out search parties when the coal mine workers did not return home. Upon discovering that they had been gunned down by security forces, a violent protest broke out where Camp 27 of the Assam Rifles was attacked and some vehicles and properties owned by Assam Rifles personnel were set on fire. Here security forces opened fire in what they claimed was “self defence” and shot dead five more protesting civilians, and injured six others. One of the security forces personnel was also killed in this incident.

Blame it on “bad intel”?

After it became clear that the people killed in the operation were coal mine workers and not terrorists, the security forces offered a feeble defence of “bad intel”. The Army issued a statement saying, “Based on credible intelligence of likely movement of insurgents, a specific operation was planned to be conducted in the area of Tiru, Mon District, Nagaland. The incident and its aftermath are deeply regretted.”

But the “bad intel” story does not wash with even members of the Bharatiya Janata Party (BJP) that is in power in Nagaland. BJP Nagaland state president Temjen Imna Along, who is also the Minister for Higher Education and Tribal Affairs in the state called it “the lamest excuse” and was “tantamount to war crimes during peacetime and amounts to summary execution as well as genocide,” in a public letter signed by him, reported NDTV.

Gov’t scurries to save face

Pushed on the backfoot with such a huge faux pass in a state governed by them, BJP heavyweight and Union Home Minister Amit Shah announced that a Special Investigation Team (SIT) will be constituted to investigate the incident. But curiously internet services have been frozen under the guise of preventing the spread of fake news and misinformation. “SMS, Whatsapp, Facebook and other social media could be could be used for spreading rumours, fake news and for circulating inflammatory text, videos, pictures etc. which may inflame passions and thus exacerbate the law and order situation,” says an order passed by Home Commissioner of Nagaland, Abhijit Singha.

Prohibitory orders have also been issued preventing an assembly of five or more people.

A suo motu FIR has also been registered by the police.

Timing of the attack

The timing of the attack is most curious as it comes just as the Naga Peace talks have reached a stalemate of sorts when it comes to key elements of the Framework Agreement. Even today, the subject of a separate flag and Constitution, as well as sovereignty remain contentious. At present Indian government authorities are in talks with the NSCN (IM) i.e the Issac-Muivah faction of the NSCN to finalise a peace agreement.

The shooting also comes in the middle of the famous Hornbill festival, that is a huge celebration of tribal culture in the North Eastern state. Six Naga tribes, led by the bereaved Konyak tribe, have now withdrawn from the festival, where a candle-light vigil was held at the festival grounds Kisama Heritage Village on Sunday night. Black flags were also flown from the Morungs (traditional huts of different tribes) at the site of the Hornbill Festival. Similar vigils have been reported from many other small and large cities and towns like Phek.

“While expressing deep sorrow and sadness over the indiscriminate firing by Indian security force where more than 10 daily wage laborers from Oting village were blatantly killed, the Eastern Nagaland Peoples’ Organisation (ENPO) vehemently condemn the barbaric act of the security force,” said the ENPO in a statement. Urging withdrawal of six Naga groups from the Hornbill Festival, ENPO further said, “Meanwhile, in the interest of the 6 tribes the ENPO declares hours of mourning, and further request all the 6 tribes under ENPO to abstain from participation in the ensuing Hornbill Festival with immediate effect till the funeral is over. Further request to hoist black-flag in all Morungs of the 6 tribes at Kisama.” ENPO clarified, “It has to be understood by all concerned that this order/move is not against the State Govt., but to show resentment against the security forces who have committed this heinous crime, and to show solidarity of the 6 tribes.”

The Ao Senden, a major group of the Ao tribe, has called for a total Bandh in Nagaland on Monday. Many students’ groups have also condemned the violence against the innocent mine workers. These include the Naga Student Federation, the Naga Hoho, the Kuki Student Organisation, the Sumi Hoho, the Rengma Hoho, the Zeliangrong Students’ Union, and many others.

Demand for repeal of AFSPA

Many tribal groups have also demanded the immediate repeal of the Armed Forces Special Powers Act (AFSPA), a draconian act that permits security forces to operate with little or no regard for human rights in the area.

The AFSPA has been in effect in the North East since 1958, while Nagaland became an Indian state in 1963 and has thus remained under AAFSPA for close to sixty years. AFSPA allows security forces to conduct operations anywhere and arrest anyone without a warrant. It has been condemned by many rights groups and most famously by human rights defender Irom Sharmila for its misuse by security forces to commit excesses, abuse and human rights violations.

In fact, scrapping the AFSPA was one of the key demands of the draft framework agreement to maintain peace in the region signed between the National Socialist Council of Nagaland (Isak Muivah) and the government interlocutor RN Ravi in 2015. However, the act was not withdrawn.

In January 2021, the Ministry of Home Affairs (MHA) has declared the entire state of Nagaland as a “disturbed area” for six more months under the Armed Forces (Special Powers) Act (AFSPA), 1958. This was extended by six more months at the end of June 2021, and is therefore effective till December 31, 2021.

Meghalaya Chief Minister Conrad Sangma, whose National People’s Party is in an alliance with the BJP, has also called for the repeal of AFSPA.

AFSPA should be repealed

— Conrad Sangma (@SangmaConrad) December 6, 2021

Political reactions

The firing and the feeble non-apology have also drawn sharp criticism from various political quarters as well as civil society groups.

This is heart wrenching. GOI must give a real reply.

What exactly is the home ministry doing when neither civilians nor security personnel are safe in our own land?#Nagaland pic.twitter.com/h7uS1LegzJ

— Rahul Gandhi (@RahulGandhi) December 5, 2021

Worrisome news from #Nagaland.

Heartfelt condolences to the bereaved families. I pray for the speedy recovery of those who were injured.

We must ensure a thorough probe into the incident and ensure that all victims get justice!

— Mamata Banerjee (@MamataOfficial) December 5, 2021

Such brutality, especially from security forces, in a civilised society where we all yearn for peace and tranquility is most unfortunate. My deepest condolences to the bereaved families of the 13 souls lost. And wishing a speedy recovery to those injured. 2/2

— TR Zeliang (@TRZeliang) December 5, 2021

Killing scores of home bound working youths in Oting in #Nagaland by the #SecurityForces is unacceptable @DefenceMinIndia. Demand enquiry and fair measures of healing @rajnathsingh pic.twitter.com/sp3SL09s4W

— Pradyut Bordoloi (@pradyutbordoloi) December 5, 2021

Deeply saddened by the unfortunate loss of lives at the firing incident in Nagaland’s Oting. My deepest condolences to the bereaved families. I pray for speedy recovery of those injured and peace to be restored ??@Neiphiu_Rio

— Conrad Sangma (@SangmaConrad) December 5, 2021

Related:

MHA declares entire Nagaland ‘disturbed area’

Turmoil in the North East: Where are the Naga Peace Talks headed?

Nagaland steps one step closer to lasting peace

Turmoil in the NE: The Naga Pact and its ramifications

The post Security forces gun down 13 civilians in Nagaland appeared first on SabrangIndia.

The Ministry of Home Affairs (MHA) has declared the entire state of Nagaland as a “disturbed area” for six more months under the Armed Forces (Special Powers) Act (AFSPA), 1958.

According to an MHA release issued on Wednesday, “Whereas the Central government is of the opinion that the area comprising the whole of the State of Nagaland is in such a disturbed and dangerous condition that the use of armed forces in the aid of civil power is necessary,” reported the Hindustan Times.

The notification further said, “Therefore, in exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (No 28 of 1958) the Central government hereby declares that whole of the State of Nagaland to be ‘disturbed area’ for a period of six months with effect from 30th December, 2020 for the purpose of the said Act.”

Nagaland had been declared a “disturbed area” in June this year. The AFSPA has been in effect in the North East since 1958, while Nagaland became an Indian state in 1963 and has thus remained under AAFSPA for close to sixty years. AFSPA allows security forces to conduct operations anywhere and arrest anyone without a warrant. It has been condemned by many rights groups and most famously by human rights defender Irom Sharmila for its misuse by security forces to commit excesses, abuse and human rights violations.

In fact, scrapping the AFSPA was one of the key demands of the draft framework agreement to maintain peace in the region signed between the National Socialist Council of Nagaland (Isak Muivah) and the government interlocutor RN Ravi in 2015. However, the act was not withdrawn.

Though peace talks are at an advanced stage, the demand for a separate flag and Constitution for Nagaland remain contentious issues.

Related:

Nagaland steps one step closer to lasting peace

Turmoil in the NE: The Naga Pact and its ramifications

The post MHA declares entire Nagaland ‘disturbed area’ appeared first on SabrangIndia.

On Wednesday, a faction of the National Socialist Council of Nagaland (Khaplang) or the NSCN (K) led by Niki Sumi declared a ceasefire indicating its desire to rejoin peace talks in the region.

In a statement issued by the group, Sumi said that they wanted to “strengthen and support the peace process at this crucial juncture”.

The statement said, “Our leaders have established contact with the officials of government of India in this connection. To facilitate the process and keeping in view the desire of the Naga people particularly Naga civil society organisations and NGOs, the NSCN has further decided to revive the ceasefire with immediate effect by revoking the earlier decision of unilateral abrogation of the ceasefire in 2015.”

The NSCN (K) led by SS Khaplang, had joined the peace process as far back as 2001, but backed out following a violent altercation with Indian security forces in 2015, where 18 soldiers were killed in Manipur. Sumi was the main accused in the incident. After Khaplang’s death in 2017, Khango Konyak became president of the NSCN (K). But Konyak joined the Naga National Political Groups (NNPG) in 2019. NNPG is a collection of seven Naga groups who along with NSCN (IM) or the Isak-Muivah faction have been at the center of peace talks with the center.

Konyak was replaced as chairman of NSCN (K) by Myanmar based Yung Aung who is related to Khaplang. Sumi was expelled in July and started leading his own faction that elected him president on December 18.

NSCN (IM) joined peace talks in 2015. Talks have been progressing slowly, but the demand for a separate flag and Constitution has led to a setback. 

Meanwhile, the National Investigative Agency (NIA) has filed a chargesheet against five members of the NSCN (IM) on charges of diverting government funds meant for development to the insurgent group. Five people who have been named in the chargesheet are: Rayilung Nsarangbe, LamciIralu, Zingshongam Muinao, Ruth Chawang, and Ramningle Pame. They have been charged under Section 120B of IPC, section 17,18 and 21 of the UA (P) Act, section 5 (b) of the Explosive Substance Act, Section 25 (1A) read with 35 of Arms Act, section 7 and 8 of Nagaland Security Regulation (NSR), Section 12 of Passport Act and Section 6 of Indian Wireless Telegraphy Act.

Related:

Turmoil in the North East: The Naga Pact and its ramifications

The post Nagaland steps one step closer to lasting peace appeared first on SabrangIndia.

 

Even after the aspirations of people of Jammu and Kashmir (J&K) of maintaining a certain degree of autonomy with a separate Constitution and a flag have been quashed by the Narendra Modi government by its decision on August 5, 2019, Muivah continues to keep alive his vision for a shared sovereignty and enduring relationship of peaceful co-existence with India, inked in the framework agreement signed on August 3, 2015 in the presence of Narendra Modi.

He has good reasons to be hopeful. Unlike J&K no instrument of accession was signed by then popular Naga rebel leader Angami Zapu Phizo with the Government of India. Nagaland was first made part of Assam by British and then by independent India by brute force. Nagas resisted both times and there was much violence from all sides. But Nagas never surrendered and believe that the ongoing dialogue will result in a political solution.

Muivah asserts that Nagaland has never been under any foreign rule either by consent or by conquest. Nagas had told the British that they should not be left to the mercy of independent India, a sentiment that Dr BR Ambedkar had interestingly expressed related to the Dalits, at the time of India’s independence.

Jawaharlal Nehru sent Army into Nagaland, against the wishes of Mahatma Gandhi, which faced resistance by Nagas armed initially with only bows, arrows, spears and some rifles left behind by the receding Japanese forces during World War II. According to Muivah, Nehru never respected the Nagas as human beings.

It was much later when PV Narsimha Rao met with Isak and Muivah in Paris, he agreed that dialogue would be held without any pre-condition, at the highest level of PM and outside India. He also acknowledged the unique history of Nagas. Subsequently, Indian PM Deve Gowda met Isak and Muivah in Bangkok. He wanted Nagas to accept the Indian Constitution, which was not agreeable to them and Muivah suggested that the two parties should go their own separate ways.

Two years later the Government of India admitted that Nagas were never formally under Indian rule and a unique solution to their problem was required. It was only after this that the concept of shared sovereignty was floated. After talks with PM Atal Behari Vajpayee in Amsterdam the NSCN (IM) leadership decided to move back to India and continue the process of dialogue with the Manmohan Singh government.

The Narendra Modi government declared with much fanfare that an agreement had been reached with NSCN (IM) leadership only to encounter the roadblock of demand for a separate Constitution and flag for Nagaland. 
 

Having taken away the Constitution of J&K, which incidentally mentioned that J&K was integral part of India, and its flag as part of the narrative of One Nation, One Constitution, the Bhartiya Janata Party-led government is in a bind with respect to the Naga demand. But Muivah is resolute about the demand for a separate constitution and flag which he describes as core issues.

The response of interlocutor in dialogue process, now Governor of Nagaland, RN Ravi, has been to bring on board another stakeholder since 2017, Naga National Political Groups, a conglomerate of seven organisations. This is an attempt to counterbalance NSCN (IM), which incidentally was the only Naga group with which he signed the framework agreement in 2015.

He should learn from the history that when the government reached an agreement with the Naga People’s Convention leaving out the Naga National Council of Phizo, it didn’t resolve the issue then. If NSCN (IM) is cold shouldered, the chances are that it’ll slip back into insurgency with a good possibility that NSCN (Khaplang), presently dormant in Myanmar, may also get reactivated.

From the J&K experience, even though the government is still not willing to admit its mistake, it should know that imposing any decision against the wishes of people will not help solve any problem. Contrary to government’s claim of total integration of J&K with India, the alienation is now complete.

The J&K kind of solution is untenable. Violence by the state, imposition of the Armed Forces Special Powers Act and counter-violence by the insurgent groups is an unequal terrain, which has been a site for major and incessant human rights violations, as Northeast has a direct experience of it. This is a cost we can ill-afford.

Instead of making a separate constitution and a flag a prestige or ideological issue, it’ll be better if the government concentrated on thrashing out the intricacies of competencies which NSCN (IM) has worked out in detail.

NSCN (IM) envisions a governance structure in the form of a pan-Naga apex tribal body Hoho for a period of six years with representatives from each village and Regional Territorial Councils for Naga areas in Manipur, Assam and Arunachal Pradesh, having realised that it may not be possible to integrate Naga inhabited areas in these three states with present Nagaland into a greater Nagalim.
 

The J&K kind of solution is untenable. If NSCN (IM) is cold shouldered, the chances are that Nagaland will slip back into insurgency

 

Already, the Coordination Committee on Manipur Integrity has given a call to people of Manipur to resist a final Naga Accord if it challenges the territorial integrity, economy, cultural practices and administrative setup of Manipur.

The government should not rush into a solution by declaring deadlines to ensnare itself like in J&K but should patiently involve all stakeholders from within and outside the state of Nagaland without marginalizing NSCN (IM) and evolve towards a solution with peaceful dialogue process to the satisfaction of all.
NSCN (IM) must acknowledge that even though it may have been the only force to reckon with in the beginning, there are now others whose sensitivities will have to be kept in mind. For example, Kukis, another tribe, enagaged in fierce tussle with Nagas in Manipur hills are unlikely to accept Naga dominance over their areas. Lammingthang Kipgen, President of an organisation of Thodous, a Kuki community, has expressed his apprehension to the interlocutor for Indo-Kuki talks.

While it is likely that groups within and outside Nagaland are being projected at this time by the government to blunt the edge of NSCN (IM) demands, it is also a fact that societies like Manipur are an ethnically plural society which have withstood the test of time for many millennia.

They are unlikely to acquiesce to any arrangement to part with their resources and polity at the exclusion of other stakeholders in their society. The government and NSCN (IM) must be completely transparent in their approach and must take into confidence all genuine political formations, civil society and ethnic groups co-habiting the geographical area in which a collective polity has evolved over time.

There was a time when Naga leaders were impatient and were willing to go back to Europe leaving the dialogue process open ended and now the Government seems to be in some kind of urgency. The Narendra Modi government would do well to resist the temptation of self-congratulatory preposterous grandeur in deciding the fate of Nagaland without culmination of proper consultations. 
 

In the name of an accord if the fragile ethnic balance of the region, which has a history of violence, is not handled sensitively it can potentially lead to an ethnic implosion. 

—
*Sandeep Pandey and Meera Sanghamitra are social-political activists (contact: ashaashram@yahoo.com, meeraengages@gmail.com), **Babloo Loitongbam is human rights activist from Manipur (contact: bloitongbam@gmail.com). Sandeep Pandey and Meera Sanghamitra are grateful for a meeting between the collective leadership of NSCN (IM) with a delegation of 13 members of Indian civil society on September 27, 2019 at Camp Hebron in Nagaland

Courtesy: https://www.counterview.net/

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It was the British which first made Nagaland part of Assam after a number of violent clashes in which there were casualities on both sides. Nagaland has also witnessed intertribal violence. There are close to forty different tribes with distinct cultural identities. The Nagas had asked British to let them have the freedom to determine their future and the British had also agreed to a concept of limited sovereignty based on traditional idea of self-rule.

Mahatma Gandhi had supported the right of Nagas to determine their destiny and was against Nehru sending Army to conquer it. When India was about to achieve independence Jawaharlal Nehru offered local autonomy to Nagas but they continued to assert their identity as a separate nation. It remained part of Assam after India’s independence.

After a violent uprising Indian Army was sent in 1955 and three years later Armed Forces Special Powers Act was promulgated to contain the Naga rebellion among other disturbances in the Northeastern states.

In 1963 Nagaland became a separate state after an agreement of Naga People’s Convention with Nehru government which was described by Phizo as a sell out. In 1975 there was a Shillong agreement with Naga National Council.

This was rejected by some. Isak Chisi Swu, Thuingaleng Muivah and SS Khaplng formed National Socialist Council of Nagalim to carry on the struggle for sovereignty. In 1988 there was a split. NSCN (IM) leaders went to Europe and NSCN (K) leader settled in Mayanmar.

Since then Indian Prime Ministers Narsimha Rao, Deve Gowda and Atal Bihari Vajpayee met Isak and Muivah in Paris, Bangkok and Amsterdem, respectively. A process of dialogue has been going on after a ceasefire agreement in 1997. A Framework Agreement was signed on 3rd August, 2015 with the Narendra Modi government.

Interlocuter RN Ravi, now governor of Nagaland, signed on behalf of Government of India and Muivah signed on behalf of Nagas in the presence of PM. Isak signed from a hospital bed. A concept of shared sovereignty and inclusive relationship of enduring peaceful co-existence of the two entities has been agreed to.

NSCN (IM) has worked out in detail the delicate balance of competencies which will define the nature of relationship. They want Nagaland government to cover all Nagas, even living in Manipur, Arunachal Pradesh and Assam and ultimately hope for integration of all land inhabited by Nagas, their long standing demand.

There will be Naga Regional Councils in these three states. Naga Regional Territorial Councils will have their own legislature, executive and judiciary. The judiciary will comprise both customary law as well as modern. Land and resources above and below will belong to Nagaland. Naga areas are rich in petroleum, natural gas, coal and other minerals.

Presently the Central government just shares less than a fourth of the revenue with states. International relations will be with India except for matters related to Nagaland. Nagaland will have separate foreign offices for culture and education. Nagaland will have its own education system. It will also expect reservation for students from Nagaland in Indian educational institutions. Even with a Christian majority Nagaland would remain a secular state.

Security will be with local government but defence will be shared with Indian Army. They aspire to have separate Anthem, Insignia, Flag and Constitution. Two members will represent Nagaland in Rajya Sabha. Agreement reached will not be altered unilaterally and will require two thirds majority of Indian parliament as well as Nagaland Assembly. Armed Forces Special Powers Act will be revoked and not be imposed by India.

Nagaland is not asking for independence. All they want is an arrangement of shared sovereignty and peaceful coexistence with India

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