Meet calls for respecting common Article 3 of Geneva Conventions
Source: Hueiyen News Service

Imphal, June 11 2014: A discussion programme on International Humanitarian Law and Armed Forces (Special Powers) Act, 1958 was held at Diocesan Social Service Society (DSSS), Mantripukhri here today.

The programme was jointly organized by North East Dialogue Forum (NEDF), People's Action for Development NH-53 (PAD-53), Senapati district, United Community Development Platform, Village Women Coordinating Committee, People's Platform Secretariat and Conflict Widows' Forum, Manipur.

Moderated by Rev.Dr.PBM.

Basaiawmoit from Shillong, Meghalaya, U.Nobokishore, Secretary of NEDF; W.Basanta, Advocate; Kh.

Rebati Raman, Member of NEDF and Babycha Mangsatabam, Member of NEDF were among those who attended the programme as resource persons.

Giving the key note address, Kimboi from Churachandpur stated that AFSPA, 1958 was imposed in the Northeast by India so as to suppress the insurgency movement.

The Act gives enormous powers to the armed forces of central government such as power to kill, destroy properties, search and arrest without warrant.

It also provides legal immunity to the forces committing such human rights violations thereby creating impunity.

Therefore, life in Manipur and other parts of the north east region is under constant threat and insecurity though 'Right to Life and Personal Liberty' is guaranteed under Article 21of Indian Constitution.

Meet calls for respecting common Article 3 of Geneva Conventions

She also said that based on the reports of Ministry of Home, Government of India and Home Department, Government of Manipur, during 1980 to 2010, 2106 numbers of insurgent cadres were killed by security forces, 1218 security personnel were killed by insurgent groups and 2405 civilians were killed by the insurgent groups in Manipur.

A case in Supreme Court is also on for the alleged extrajudicial killings of 1528 persons by the security forces in Manipur.

She further stated that in the ensuing armed conflict, women and children have been the most vulnerable and suffered the most.

During 1980 to 2012, 36 women and 98 children have been reportedly killed in Manipur.

Besides, many women have been widowed and many other children have been orphaned due to the armed conflict.

The International Humanitarian Law or Law of Armed Conflict applicable in the armed conflict situation in Manipur and other parts of the north east region therefore, should be implemented and respected by all conflicting parties.

The Common Article 3 of the Geneva Conventions, 1949 should be at least respected and implemented by all parties to the conflict in the region, urged Kimboi.

Speaking as a resource person, U.Nobokishore stated that undeclared war/conflict has been going on in Manipur for the last more than 5 decades.

In such situation, civilians are suffering miserably due to not respecting the international humanitarian law by the parties to conflict.

He said that clear distinction should be made between military objectives and non-military or civilians object by both the security forces and armed non-state actors.

The principle of proportionality should be maintained in the conflict and civilians who are not part of the hostility should be protected at all cost.

He said that any forms of killing or punishment if at all necessary should be awarded by the court and not by the armed state and non-state actors as we see today.

Therefore, he termed that all kinds of killings are extrajudicial in nature and special investigation should conducted and deliver justice to the victims.

He warned that if India continue to violates human rights and fail to deliver justice, International Court of Inquiry can be constituted and trial those responsible irrespective of powerful or powerless.

W.Basanta said that Common Article 3 of the Geneva Conventions of 1949 specifically applies in the case of conflicts "not of an international character" such as the one we are experiencing today in the north east.

Common Article 3, stipulates the minimum protection that must be afforded to all those who are not, or who are no longer, taking an active part in hostilities, for examples, civilians, members of armed forces of the parties to the conflict who have been captured, are wounded, or surrendered.

It provides for humane treatment and non-discriminatory treatment for all such persons, in particular by prohibiting acts of violence to life and person specifically murder, mutilation, cruel treatment and torture, the taking of hostages, and outrages upon personal dignity, in particular humiliating and degrading treatment.

It prohibits also the passing of sentences and carrying out of executions without judgment being pronounced by a regular constituted court providing all judicial guarantees recognized as indispensable.

Finally, it imposes an obligation on the parties to collect the wounded and sick and to care for them, Basanta stated.

Kh.

Rebati Raman stated that the Indian Constitution which came into force on 26th January, 1950 guaranteed the Right to Life and Equality before Law to the people of India along with social, economic and political justice, freedom of thought and expression on which Indian democracy thrives.

These pillars of democracy on which India claims to be the largest democracy in the world were challenged with the enactment of a draconian and an anti-democratic law, the Armed Forces (Special Powers) Act, 1958 by the Indian Parliament on 11th September, 1958.He also said that the sweeping powers and immunity enjoyed by the Indian Armed Forces under the AFSPA nullifies the Right to Life (Article 21) and Equality before Law (Article 14) and in the process violates the Rule of Law which are guaranteed to the people by the Indian Constitution.

The Indian Armed Forces operate without accountability and became a law into itself.

By denying the fundamental rights of the people of these affected regions for decades, the AFSPA challenges the basic pillars of the Indian democracy.

The AFSPA is undoubtedly a colonial and a black law.

Any functional democracy can't entertain such anti-democratic law and it has no place under the Indian democracy.

From the time of its enactment since 1958, there have been continuous human rights violations under the Act.

The AFSPA violates the Indian Law as well as International Law.

Moreover, the AFSPA has failed to serve the very purpose for which it was devised stated Mr.Rebati.

Therefore, he called for the repeal of AFSPA immediately.

Speaking on the topic, "Rape as an Instrument of War" as another resource person of the programme, Babycha Mangsatabam pointed out that as also recognizes by the UN Security Council Resolution 1820 of June 2008, rape has been used by the security forces as an effective tool of war in Manipur.

Substantiating on the point, she stated that many women were raped by the security forces and mentioned some of the cases like that of Miss Ngashingla and Miss Rose of Ukhrul district, Mrs.Torhing Anal of Chandel district, Ningthoujam ongbi Pramo of Bishnupur district, Naorem ongbi Thoinu of Thoubal district, Thangjam Manorama of Imphal East district, Miss Nengneikim Haokip of Senapati district, Mrs.Mercy of Churachandpur district and Mrs.Ahanjaobi of Imphal West district.

The consultation concluded along with adopting a number of recommendations addressed to both the Government of India and political armed opposition organizations.

To the Government of India, the consultation recommended repeal of Armed Forces (Special Powers) Act, 1958, respect and implementation of common article 3 of the Geneva Conventions, 1949, establish Truth Commission and deliver justice to the victims of all forms of human rights violations committed by the government's security forces and provide assistance to the victims for complete rehabilitation and reintegration.

Moreover, the consultation recommended to the Armed Opposition Groups to respect and implement the common article 3 of the Geneva Conventions, 1949, to sign and respect 'Deeds of Commitment' of Geneva Call on use of landmine, gender and children and to stop inter-factional animosity and fighting in the interest of the civilians.