Voicing its concern over imposition of Disturbed Area Act (DAA) in Nagaland by the government of India, the Naga Hoho on Tuesday wrote to the Prime Minister of India Dr. Manmohan Singh, appealing for revocation of the Act from all Naga areas.
A copy of the letter endorsed by Naga Hoho president Keviletuo Kiewhuo and general secretary P. Chuba Ozukum, which was made available to the press described the Armed Forces (Special Powers) Act of 1958 (AFSPA) as one of the more draconian legislations that the Indian Parliament passed in its 54 years of parliamentary history, and Naga Hoho reminded that under the Act, all security forces were given unrestricted power to carry out operations, once an area was declared disturbed. It also reminded that the Act authorized even a non-commissioned officer to shoot to kill, based on mere suspicion that it became necessary to do so in order to “maintain the public order”.
Asserting that more than 50 years had lapsed since the enforcement of the “infamous” AFSPA in Nagaland under “pretext of waging armed struggle by the Naga people for liberation,” the Naga Hoho reminded Dr. Manmohan that he, during his visit to Assam in 2006, had assured the people of the North-East of replacing AFSPA by a “more humane law”.
The letter also stated that Justice Jeevan Reddy Committee, appointed for the same, recommended the complete repeal of AFSPA from the North-East, however, the present situation broadly highlights the poor progress made in this regard.
Moreover, while pointing that the definition of phrases such as ‘disturbed area’ needed to be clarified; Naga Hoho stated the declaration that an area is disturbed should not be left to the subjective opinion of the central or state government. Stating instead it should have an objective standard, judicially reviewable and the declaration that an area is disturbed should be for a specified amount of time; Naga Hoho asserted such a declaration should not persist without legislative review.
The letter also pointed out that the AFSPA contravened both Indian and International law standards adding, this was exemplified when India presented its second periodic report to the United Nations Human Rights Committee (UNHRC) in 1991. It stated that members of the UNHRC had then questioned the validity of AFSPA, questioning how the Act could be deemed constitutional under Indian law and how it could be justified in the light of Article 4 of the International Covenant on Civil and Political Rights (ICCPR)- “Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace in the world, recognizing that these rights derive from the inherent dignity of the human person…..”
Naga Hoho maintained that the need to remove DAA has become a sensitive political issue in Nagaland, stating while it has become a consistent demand of the ruling NPF led DAN government, opposition Congress and civil societies also voiced their consternation against the frequent extension of DAA without “legitimate reasons”.
The Hoho also stated that Nagaland Government clearly indicated to the Ministry of Home Affairs, Government of India (GoI) for lifting of DAA on several occasions in response to the queries of GoI. It said it would be unethical to extend and continue the Act in view of the current ceasefire with the Naga “national workers”, the current peace process and “overall improvement” in the law and order situation in the state.
“We strongly feel that the enforcement of AFSPA and declaration of DAA in the North East pushes the people to more reason to want to liberate from a state which enacts such powers and the agitation which ensues continues to justify the use of the AFSPA from the point of view of the Indian Government,” the Naga Hoho letter said.
Citing those circumstances, the Naga Hoho appealed to the Prime Minister to revoke DAA from all Naga areas so as to ensure peaceful co-existence without fear among different races.
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