Rights violation under AFSPA discussed
Source: Hueiyen News Service / NNN

Imphal, March 10 2014 : A rally cum public meeting on UN's Law of Armed Conflict and Armed Forces Special Powers Act, 1958 was jointly organized by the North-East Dialogue Forum (NEDF), All Andro Meira Paibi (AAMP) and All Andro Youths Club (AAYC) at Andro Kangjeibung in Imphal East today.

Md Rabi Khan, Advocate of High Court of Manipur, Khoirom Loyalakpa, Chief Editor of Naharolgi Thoudang, Adam Kharam, Coordinator of North East Dialogue Forum and Babycha Mangsatabam, Project Manager of Women Action for Development (WAD) attended as resource persons of the programme.

Speaking at the meeting, Md Rabi Khan, Advocate of the High Court of Manipur stated that the people in the North East India have been living more than five decades under the shadow of Armed Forces (Special Powers) Act 1958, which the people of this part of the world termed as - a draconian law that allows the Government Security Forces to kill, torture and rape with immunity and impunity.

He said under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed.

Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to "maintain the public order".

Initially the Act was enacted in the parliament to suppress the activities of one of the insurgency groups (only one armed opposition group was operating then) operating in the Northeast but in true sense, the Act can do nothing to these insurgency groups except violating the fundamental human rights of the innocent civilian, Rabi Khan added.

A rally against AFSPA

Khoirom Loyalakpa, chief editor of local daily Naharolgi Thoudang stated that many children and youths after arbitrary arrest are subjected to violation of right to life, subjecting them to enforced disappearances and Extra Judicial Executions and facilitated by conditions of emergency situations in India's North East after the state responded militarily to the political demands of indigenous peoples, with enactment of Armed Forces (Special Powers) Act, 1958 (AFSPA) .

He further stated that such kinds of military actions where thousands of women were raped, civilians especially women and children suffered extremely.

According to Loyalakpa, these extremities were committed by security forces intentionally.

These are committed under the Armed Forces (Special Powers) Act, 1958.Absolute powers are given to Indian Union Military; Army and Para-military forces under this Act.

Indian soldiers committing even serious human rights violations cannot be punished according to the law of the country without prior sanctioned by the central government.

As such, democracy in Manipur is unofficially suspended, he stated.

Adam Kharam, Coordinator North East Dialogue Forum speaking on the Law of Armed Conflict stated that India need to recognize the existence of armed conflict in the north east and implement the international humanitarian law or law of armed conflict which is outline in the common article 3 of Geneva Conventions, 1949.He said that under this article, violence to life and person, taking hostage, outrages to life and dignity and extrajudicial executions are strictly prohibited.

He also stated that extrajudicial executions, rape, enforced disappearance, illegal detention, torture and molest etc.

are all violations of international humanitarian law and amount to war crime, crime against women and crime of genocide.

He warned that failure to investigate into these cases and violation of international humanitarian law will lead to the establishment Special International Tribunal one day.

He therefore, urged upon all the conflicting parties, both Indian armed forces and armed non-state actors to respect and implement International Humanitarian Laws, Geneva Conventions 1949's common Article 3 and Additional Protocol II of 1977.He also urged upon the armed opposition groups to sign and respect the Deeds of Commitment of Geneva Call on the use of landmine, gender and children.

Babycha Mangsatabam stated that women and children suffered the most in any armed conflict situations.

In Manipur too, many women have been killed, raped, molested and widowed and many children have been orphaned, trafficked, killed, tortured and enforced disappearance in the ongoing armed conflict stated Ms.Babycha.

She stated that AFSPA must be repealed and justice should be delivered to the victims.