The emerging reality of goodwill, friendship, cooperation and association in the sub-continent consequent to Indo-Naga peace processes needs to be taped in the correct perspective for making it more lasting and fruitful. There appears to be no permanent and quality solution to the ongoing Indo-Naga problem until and unless a free and fair informed mandate to such solution is obtained from the Naga people in asmuch as the making of Naga nation has reached more than 90 long years. Despite so many ups and down Naga nationhood has been the only rallying point for a united Naga struggle. Can the Nagas destroy this “Naga Nationhood” by unqualified merger agreement with the Union of India at this point of time? Can India truly testify before the world of her national principle of peace and non-violence enjoined in her constitution by repeatedly trampling down the rights and freedom of the most simple, honest and peace loving Naga people for nearly a century by now? The Naga club’s memorandum to Simon Commission in 1929 to leave the Nagas alone so as to determine their own future….,Naga independence Declaration of 14th August 1947 and the Naga national plebiscite under FGN/NN 1951 wherein 99.9% of the Naga people rejected to join the Union of India and the non-participation of the Nagas in the 12th February 1947 Panglong Agreement in Myanmar (Burma) are all said to be the unique histo-political foundation of a unified Naga nationhood and its struggle for recognition of full sovereignty. It appears that becoming a full-fledged state of India will destroy the entirety of the Naga Political mandate and national principles as laid down by our forefathers in the above cited Naga Declaration and Plebiscite. Going by historical fact, the issues of Nagas’ merger with one Indian Nationhood is a matter of grave concern to the Nagas. It has to be determined only by a political verdict given through Referendum by the Naga people. The constitution of India does not even accommodate sub-nationhood in India, leave alone full Naga nationhood less the Indo-Naga Agreement is signed under the purview of Article 260 read with Article 2 and Foreign Jurisdiction Act, 1947.
History reminds us that the extreme stand of India to let the Nagas unconditionally accept the constitution of India in one hand and the extreme stand of the Nagas for full sovereignty on the other hand during the GOI-FGN (NNC) 1964 peace talk led to its own failure. The then NNC quite clearly knew that Nagaland becoming a full fledged state of India will negate and destroy the Naga nationhood and its entire foundation. Meaning, the question of the making of Naga nation does not arise anymore as and when Nagas willfully merge with the Union of India without any condition.
The Framework Agreement of August 3, 2015 signed between GOI & NSCN (IM) which is said to have recognized the unique history and situation of the Nagas and mutual Agreement to share sovereign powers as two political entities between India and Nagas appears to be a more realistic paradigm shift with the objective to address the extreme stands of both sides in the past, without destroying Naga nationhood and its principle. The ‘share sovereignty’ concept which is the key principle of F.A. if correctly construed, is considered the most acceptable middle path approach compatible to the changing contemporary realities of inter-dependence around the world and more particularly between India and the Nagas as much as it envisages, at the least an associate statehood (unincorporated territory) for the Nagas who will freely associate with India by sharing her sovereign powers (Defence, External affairs, Finance & Currency, Communication, etc.) As aforesaid, the constitution of India sanctions the concept of shared sovereignty and/or free political association with other territory under Article 260 read with Foreign Jurisdiction Act, 1947, Article 2 & 251. These laws empower India for extra-territorial administration whereby it can acquire any executive, legislative or Judicial functions of a territory outside India by arriving an Agreement with the Government of that territory. Naga solution without Naga flag & constitution (Yezabo) either within or without India will destroy the entirety of Naga nationhood, and this is an extreme stand on the part of the Govt. of India. International model of the contemporary reality of interdependence of different national entities (Larger sovereign nations and smaller non-sovereign nations) at various political levels are reflected for public reference.
Few International Models of Interdependence at Different Political Levels:
A. Independent nation states who freely associate with larger countries:
i. The Republic of Marshall Island (RMI)
ii. Republic of Palau and
iii. The Federated States of Micronesia which are independent U.N. member states are also Freely Associated States of U.S.A. under the instrument of Compact of Free Association (COFA) in specific matters relating to defense and finance.
iv. Andorra : Associated with France and Spain (defense)
v. Kiribati : Associated with Australia and New Zealand (defense)
vi. Monaco : Associated with France (defense)
vii. Samoa : Associated with New Zealand (defense)
viii. San Marino : Associated with Italy (defense)
ix. Vatican City : Associated with Switzerland and Italy (defense)
x. Tatarstan : Associated with Russia (defense)
B. Other self governing Associated States who are non-members of U.N.O
i. Puerto Rico is a self governing Associated state of U.S.A having her own flag, constitution, parliament, etc. (defense, foreign affairs, currency, etc.)
ii. Cook Island & Niue are self governing Associated States of New Zealand having their own flags, constitutions, Parliament, etc. (defence, foreign affairs, currency, etc.)
C. Self-Governing Crown dependencies of United Kingdom (U.K.)
i. The Isle of Man is non-incorporated crown dependency having her own flag, constitution, parliament, etc. (defence, foreign affairs, etc.)
ii. The Bailiwick of Guernsey and the Bailiwick of Jersey are crown dependencies having their own flags, constitution, parliament, etc. (defence, and foreign affairs)
D. Northern Ireland which is an integral part of the United Kingdom (U.K.) has her own flag, constitution, parliament, currency, etc.
E. The 50 States of U.S.A have their own separate flags, constitutions, citizenship, etc.
F. Taiwan a Non-U.N Member (China Claims it to be her integral part) has her own flag, constitution, parliament, currency, etc.
G. State of Palestine a Non-U.N member has her own flag, basic law, parliament, etc.
H. Hongkong and Macau which are integral parts of the People’s Republic of China have their own flags, Basic Laws, autonomous government, etc.
The above given models show that there are both fully sovereign U.N. member nation-states as well as quasi-sovereign non-UN member states or territories having their own distinctive nationalities freely associating or depending upon the said larger sovereign countries. International law recognizes such existing structure of interdependence. The constitution of India too sanctions such nature of relations. If Indo-Naga problem cannot be resolved by negotiation due to Naga nationality question (Flag & Constitution), it is the universal principle and practice to cause it resolved through ‘Referendum’ the most democratic and peaceful way to address the conflict. Clear and conscientious political mandate derived from a free and fair Referendum on Naga solution that dwells on Naga nationality issue will enable the signing of Indo –Naga Agreement once for all without any subsequent rejection or retraction by the people. Naga solution without Naga national flag, constitution and a clause for future Referendum may supersede and forfeit the Naga Memorandum to Simon Commission 1929, Naga Independence Declaration of 14th August 1947 and Naga plebiscite of 1951.
Nagas have encountered prolonged hardships and sufferings with the loss of more than 1 lakh precious lives and billion worth properties in the course of their struggle. It is a high time for the rising India to duly infer some international reflection in dealing with the Naga issue. To mustard political will and courage to resolve the longest Indo-Naga conflict by giving de-jure recognition to Naga nationality which in return will enable the Nagas to freely & willfully associate with India in most of the important subjects and interest identical to both India and the Nagas. Nagas on our part cannot but realize that “Communication Gap” is the causal factor of our division and defeats. Let’s give a concerted unity a chance. Let’s forgive one another in letter and spirit of oneness for a common cause.
Y. L. Ramgui, Convener, Naga Indigenous People’s Alliance (NIPA)