On July 5th 2024, the Unrepresented Nations and Peoples Organisation (UNPO) submitted a report to the OHCHR Human Rights Committee, on behalf of the Naga people, for its 141st Session. The submission examines the ongoing human rights violations in Nagalim in light of India’s implementation of the International Covenant on Civil and Political Rights (ICCPR). The submission, in particular, denounces the Indian government’s use of the Arm Forces Special Power Act (AFSPA), and urges the Indian government to fulfil the promises and agreements made during the 2015 Framework Agreement between Nagalim and India.
Nagalim encompasses the ancestral homeland of the Naga people, spanning approximately 120,000 square kilometers at the tri-junction of China, India, and Myanmar. Historically independent and governed by village chiefs and councils, the Naga people, comprising diverse Mongoloid tribes, maintained a self-sufficient existence until British colonial rule. Following India and Burma’s independence, Nagalim was arbitrarily divided between these nations, with Naga territory incorporated into India’s Assam, Arunachal Pradesh, Manipur, and Nagaland states, and Myanmar’s Sagaing region and Kachin State.
For decades, the people of Nagalim have been attempting to exercise their right to self-determination. Since August 1, 1997, the National Socialist Council of Nagalim (NSCN) have been party to a political dialogue and a series of over six hundred political peace negotiations with the Government of India. The two notable and important official agreements signed were the Amsterdam Joint Communiqué of July 11, 2002, and the Framework Agreement of August 3, 2015 whereby the unique history, the identity, the sovereignty, the territories, and the legitimate right of the Nagas for the integration of all Naga territories were recognized. However, these talks and agreements have been repeatedly undermined by the Modi-led government, leading to numerous complicated problems and divisions among the Naga people, with no final settlement yet in sight. The UNPO strongly maintains that Third-party intervention is now crucial to reviving the Indo-Naga political dialogue.
In addition to bringing to light challenges around the implementation of the Naga Peace Accords, the UNPO’s submission also highlights and calls for the repeal of the Armed Forces Special Power Act (AFSPA). Originally enacted in 1958, the AFSPA grants extensive powers to the armed forces, including the authority to use lethal force, make arrests without substantial justification, conduct searches without warrants, and demolish structures under the guise of “aiding civil power.” These powers are activated once an area is designated as “disturbed” by the central or state government, a decision exempt from judicial review.
The 2021 Nagaland Killings at Oting in Mon District that led to the loss of fourteen civilians and one soldier, alongside the ongoing state-sponsored community violence in the state of Manipur, are the prime examples of the devastating enforcement of the AFSPA. Additionally, those responsible for such atrocities and civil rights violations are protected by the impunity provided by such Acts. In light of the killings and abuse of the AFSPA, as well as denying victims and their families access to justice, India evidently violates Article-6 of the ICCPR, which guarantees the right to life and prohibits arbitrary deprivation of life.
Besides the aforementioned issues facing by the Naga people, the UNPO also reports that the Indian government has consistently violated the Article-9; Article-12; and Article-19 of the ICCPR by systematically detaining and incarcerating members of the National Socialist Council of Nagaland (NSCN), often treated as Prisoners of War (PoW); imposing travel restrictions by seizing the passports on human rights activists effectively preventing them from participating international forums and conferences; and also by effectively silencing individuals or Naga groups while state agencies employ direct threats, intimidation, harassment and even violence, curbing free speech, for expressing critical views of the Indian government or advocating for Naga rights and freedom. In this regard, the Government of India (GoI) agencies, including the Research and Analysis Wing (R&AW), the Intelligence Bureau (IB) and the National Investigation Agency (NIA), have been accused of overreach and impunity, significantly hindering the Indo-Naga political dialogue.
The UNPO calls upon the UN HRC to urgently address the human rights violations in India, particularly in Nagalim and make appropriate recommendations to the Indian Government in order to:
- Repeal the Armed Forces Special Powers Act (AFSPA) and replace it with legislation that upholds human rights standards and accountability.
- Urge the Indian government to initiate and support independent investigations into all reported incidents of violence involving Naga victims. These investigations should be conducted by impartial bodies to ensure transparency and credibility.
- Engage in genuine, inclusive dialogue with Naga representatives to address their aspirations for self-determination and territorial integrity.
- Ensure thorough, independent investigations into human rights abuses, including the 2021 Nagaland killings, and hold perpetrators accountable under civilian jurisdiction.
- Facilitate transparent and participatory peace processes that respect the rights and dignity of all stakeholders, including indigenous peoples like the Nagas.
- Urge the protection of human rights defenders, journalists, and activists who document and report about the Nagas.
- Cease arbitrary arrests and detentions of NSCN members. Ensure that any deprivation of liberty is based on clear legal grounds, with individuals promptly informed of the reasons for their arrest and any charges against them.
- Cease all retaliatory actions against Naga activists for their human rights work, including the issuance of LOCs and passport seizures.
The NSCN has engaged in the Indo-Naga peace process for over seven decades, adhering to international norms for peaceful conflict resolution. Given the Government of India’s apparent breach of trust, third-party mediation is urgently needed to salvage the more than 25-year-long political dialogue
We look forward to the consideration of our recommendations by the UN Human Rights Committee. The UNPO remains committed in our efforts to raise awareness of the discrimination faced by unrecognized nations across the globe and to advocate for their rights at the international level.
Photo credit: Economic Times Bureau (ET Bureau)
