'Supra State' offer in lieu of Nagalim in GOI-NSCN-IM Peace Talk Timeline
- Part 2 -

Aheibam Koireng Singh *

On 14 June 2001, a joint statement signed by K. Padmanabhiah and Th. Muivah respectively on behalf of the GoI and the NSCN-IM agreed to extend the ceasefire without territorial limits. It led to unprecedented outcry and the violent protest arising out of it resulting to the burning of state assembly and official residences of legislatures. 23 persons also have lost their lives due to police firing. The GoI afterwards on 27 July 2001 decided to restrict the ceasefire with NSCN-IM to Nagaland and not extend it to other Northeastern states in the wake of continuing violent opposition in Manipur.

On 14 November 2011, the erstwhile Seven Sister Post leaked out in its news report , Supra State Body' likely Christmas gift for the Nagas !" that the GoI envisages a final settlement with a NSCN rebel faction led by Issak-Muivah and the GoI. The 12-page Status report" on Government of India - NSCN ((I-M) negotiations that was purportedly submitted by Naga peace interlocutor R S Pandey to Prime Minister Manmohan Singh was later uploaded at http://e-pao.net. It contains the gist of the status of discussions and negotiations on various issues submitted by NSCN-IM. It has three columns, issue-wise: one contains the NSCN (IM)'s position, the other detailing the Government of Indian's position and the third column, saying "remarks".

The report touches upon 26 subjects. They are as follows:

1. Security and security forces; 2. Customs; 3. 3. Elections; 4. Citizenship; 5. Legislature; 6. Judiciary; 7. Government executive; 8. Civil service; 9. land ownership; 10. Immigration; 11. Secular government; 12. Education; 13. Cultural affairs; 14. Language; 15. Natural resources; 16. Economy; 17. Currency and monetary policy; 18. Taxation; 19. Development and tourism; 20. State flag and emblem; 21. Transport; 22. International relations; 23. Postal system and stamps; 24. Protection of minorities within Nagaland; 25. Nagaland Commission of Human Rights; 26. Boundaries; 27. Interim Arrangements; 28. Guarantees for Implementation

The excerpts of the gist of the various issues submitted by NSCN-IM and the GoIs position as conveyed during negotiation status of discussions and negotiations are hereby reproduced in para wise as follows:

SECURITY AND SECURITY FORCES

NSCN-IM's Position: The security of the people of Nagaland should be guaranteed by not permitting any outside government or agency to disturb the peace and security in Nagaland.
GoI's Position: The Government of Nagaland will have its own armed forces and will be exclusively responsible for the internal security of Nagaland. The armed forces of India and those of Nagaland will be jointly responsible for the external defence of Nagaland alone, in case of external threat.
Remarks: GoI is broadly acceptable to the NSCN-IM

CUSTOMS

NSCN-IM's position: Government of India should not levy duties on goods in transit destined for Nagaland. A special arrangement should also be made with respect to exemption of central excise and sales tax for goods manufactured in India and destined for Nagaland.
GoI's Position: GoI says issue will be examined and seems possible.
Remarks: "Likely to be agreed"

CITIZENSHIP

NSCN-IM's position: Citizens of Nagaland will automatically be citizens of India for purposes of travel document and for employment. Passports will however, indicate the Naga citizenship or nationality of the holder also.
GoI's Position: Dual citizenship neither desirable nor possible. The passport will indicate the residency in Nagaland.
Remarks: NSCN-IM explained that their position on citizenship is based on maintaining the identity of the Nagas and protecting them from Non-Nagas. It is also a sensitive issue for the Nagas as they have always maintained that they are a separate nation. Hence at least dual citizenship be considered. It was explained to them that identity of Nagas will be maintained by creating a pan Naga (supra-state) body. Nagas have acquired citizenship in some other countries. So, separate or dual citizenship need not be insisted. Further negotiations on this issue are necessary."

LEGISLATURE

NSCN-IM's Position: Nagaland will have its own Tatar Hoho elected by the citizens of Nagaland
GoI's Position: Nagaland would continue to have its own legislature which would be called the legislative assembly in English. State government would be competent to use the nomenclature "Tatar Hoho" purely as a matter of translation as the equivalent in Nagaland language.
Remarks: NSCN (IM) mentioned that Tatar Hoho will be 'parliament' and not 'assembly' and that the issue need not be viewed from the perspective of the Constitution of India. A separate constitution for them is a must. It was explained to them that since it has been agreed between the two parties that competencies of the Government of India, Government of Nagaland and jointly between the two is similar. To the scheme of the Constitution of India wherein List 1, List II and List III (Schedule VII) provide for the three competencies. List II refers to the States' competency. In case of Nagaland, List II will be enhanced by bringing in subjects from List I & List III to reflect the uniqueness of Nagas. Therefore the Tatar Hoho will be equivalent of legislature, retention of the word 'Tata Hoho' itself protects the sensitivity as well as the uniqueness. The issue needs to be further discussed.

ELECTIONS

NSCN-IM's Position: Only citizens of Nagaland may vote for elected positions. Similarly only citizens of Nagaland may stand as candidates for elected positions. Political parties in Nagaland will be created by Naga citizens.
GoI's Position:
Remarks: It was explained to them Nagas' freedom to have a party of their choice need not be restricted. Let them select or reject any party, national or state or an independent candidate. Moreover since integration of contiguous Naga areas is not becoming possible, the NSCN-IM's formulation may not be in the interest of Nagas outside Nagaland. The status quo, may, therefore, be maintained. The issue needs to be negotiated further.

JUDICIARY

NSCN-IM'S Position: Nagaland can establish its own judicial system taking into account the judicial system of India and the indigenous customary law.
GoI's Position: Nagaland will provide for the administration of civil and criminal justice system in the matters of their customary law till such time as Legislative Assembly decides otherwise. Nagaland will also have courts to deal with matters relating to ownership and transfer of land under their customary law. In addition to these, Nagaland may have civil and criminal courts based on the judicial system of India and a High Court may be set up within the overall supervision and control of Supreme Court of India.
Remarks: NSCN-IM generally agrees with the Government of India formulation but is of the view that the position regarding Supreme Court needs to be reformulated for which further discussion is necessary.

GOVERNMENT EXECUTIVE

NSCN-IM's Position: Government of Nagaland will comprise of cabinet of Kilonsers and a Ato Kilonser elected by Tatar Hoho. The constitutional head of the government will be a Yaruwo.
GoI's Position: Nagaland would have the freedom to use nomenclature of Naga language for Ministers (KiIonsers) and Chief Minister 'Ato Kilonser'. The constitutional head of the state will be the Governor for which the name in the Naga language could be 'Yaruiwo'
Remarks: Agreed

CIVIL SERVICE

NSCN-IM's Position: Nagaland will have its own civil service, responsible for its own government.
GoI's Position: Nagaland shall have its own civil service. The number of All India services officers to be posted in Nagaland and their tenure of different levels in Nagaland. The members of the Nagaland civil service will have the right to be considered for promotion to the All India services.
Remarks: Agreed

IMMIGRATION

NSCN-IM's Viewpoint: Government of Nagaland will have the authority to regulate the entrants of non-citizens into Nagaland.
GoI's viewpoint: The existing Inner Line Regulation would be enforced by the state government. However, no Inner Line Permits would be required for officials of the Government of India,. Control of Central Government over Protected Area Permit (PAP) shall remain (can be given to State Government at a later stage)
Remarks: Agreed

LAND OWNERSHIP

NSCN-IM's Viewpoint: Only citizens of Nagaland may own land in Nagaland. Other residents may lease land but not own it.
GoI's viewpoint: Present position is that lands in tribal areas are owned only by locals. Even in non-tribal areas, it is allotted by Government, status quo may continue
Remarks: Agreed

SECULAR GOVERNMENT

NSCN-IM's Viewpoint: The principal religion of Nagaland is Christianity. At the same time, secular democratic nature of the state will be maintained.
GoIs viewpoint:
Remarks: Agreed

EDUCATION

NSCN-IM's viewpoint: Govt. of Nagaland to be responsible for education
GoIs viewpoint: Education in Nagaland would be exclusive responsibility of Govt. of Nagaland subject to condition that they adopt standards laid down by Government of India regarding technical and higher education
Remarks: Agreed

CULTURAL AFFAIRS

NSCN-IM's viewpoint: It will come under the exclusive jurisdiction of Nagaland, cultural cooperation and exchange between two parties will be encouraged
GoI's viewpoint: The issue may be considered while discussing various items in State List, Concurrent List and Union List. It may be possible to consider this.
Remarks: Agreed

LANGUAGE

NSCN-IM's viewpoint: The official language will for the time being English, second languages taught in schools will include local languages and Hindi
GoIs viewpoint: Transaction of official business and imparting of education in Nagaland will be in the English language. However, Hindi and other local language would be taught in schools.
Remarks: Agreed

ECONOMY

NSCN-IM's viewpoint: The economic policy of Nagaland will be formulated and managed in close consultation with the Government of India as long as it is deemed mutually beneficial. Nagaland will have authority to enter into economic and trade relations with other Countries. Nevertheless, A special economic relationship could be agreed upon between india and Nagaland.
NSCN-IM's viewpoint: It will be beneficial for Nagaland to be part of the economic prosperity of India which has entered 21st Century with a bang. Resource deficit states are always considered with greater consideration by GoI
Remarks: Agreed

CURRENCY AND MONETARY POLICY

NSCN-IM's viewpoint: Nagaland will use Indian Constitution for the time being. In the future agreement could be reached for the creation of distinctive coins and paper notes for Nagaland which will be interchangeable with those of India. India will responsible for monetary policy for the time being.
GoI's viewpoint: Demand dropped
Remarks: NSCN-IM insists that monetary policy with the GoI only temporarily

To be continued ..