CSOs to GoI, UG groups: Respect Geneva Conventions
Source: Hueiyen News Service
Imphal, January 09 2014:
A discussion session on "United Nations' Law of Armed Conflict and Armed Forces (Special Powers) Act, 1958" held at Puangringlong (Charoi Pandongba) Village in Senapati district today has called upon both the Government of India and political armed opposition groups operating in Manipur to respect and implement the common article 3 of the Geneva Conventions, 1949 and Additional Protocol-II of 1977 among other resolutions adopted.
It may be noted here that the Geneva Conventions and their Additional Protocols are at the core of international humanitarian law, the body of international law that regulates the conduct of armed conflict and seeks to limit its effects.
They specifically protect people who are not taking part in the hostilities (civilians, health workers and aid workers) and those who are no longer participating in the hostilities, such as wounded, sick and shipwrecked soldiers and prisoners of war.
The discussion session was organised jointly North East Dialogue Forum (NEDF); People's Action for Development NH-53 (PAD-53), Senapati district; Puangringlong (Charoi Pandongba) Village's Authority; Women Society, Youth Club and Farmers' Club.
At the end of the discussion session, in all seven recommendations, including four addressed to the Government of India and three others to the political armed opposition organizations were adopted.
The recommendation addressed to the Government of India urged for immediate investigate into the cases of rape, torture, disappearances, etc.
committed by Government's Security Forces in Manipur, to respect and implement the common article 3 of the Geneva Conventions, 1949 and Additional Protocol-II of 1977, to repeal AFSPA, 1958 and provide compensation and assistance to the victims of rape, torture, trafficking and families of those civilians killed by the Indian Security Forces.
Recommendations to the political armed opposition groups urged to respect and implement the common article 3 of the Geneva Conventions, 1949 and Additional Protocol-II of 1977, to reconcile and stop factional fights in the interest of the civilians and to sign and respect the Deed of Agreement of Geneva Call.
Earlier, delivering the key note address of the discussion session, P.Ashen President, PAD-53, stated that the people of Manipur and other north eastern states have been reeling under violent armed conflict for the last more than 5 decades.
The existence of armed conflict in the region has not been officially recognized by India.
On the other hand, India responded the conflict by enacting AFSPA, 1958 with enormous powers to armed forces of India to kill with impunity and immunity.
Extra-judicial execution, torture, enforced disappearances, rape, illegal detention, committed against the indigenous Manipuris people with intention to destroy, a national or ethnic or racial or religious group in the pretext of counter insurgency is nothing but genocide, said Mr.Ashen.
He also described AFSPA as "dated and colonial-era law that breach contemporary international human rights standards" .
Participating in the discussion as a resource person, U.Nobokishore, Secretary of United NGOs Mission-Manipur, stated that International humanitarian law or simply Law of War is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict.
He added that International Humanitarian Law classifies armed conflicts as international armed conflict (IAC) or non-international armed conflict (NIAC) .
He said that Common Article 3 of the Geneva Conventions of 1949 specifically applies in the case of conflicts "not of an international character".
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, Nobokishore explained.
Like common Article 3, Additional Protocol II provides the humane and non-discriminatory treatment of all those who are not, or who are no longer, taking part in hostilities.
Most of provisions of Protocol II are now considered as a part of customary IHL and, thus, binding on all parties to NIACs, Nobokishore added.
He termed AFSPA as racist piece of legislation and a symbol of racist regime.
He also described the Act as "dated and colonial-era law that breach contemporary international human rights standards." Above all the Act is discriminatory and genocidal legislation.
He pointed out that Justice Jeevan Reddy Committee's report also endorsed this aspect very briefly as "the Act has become a symbol of oppression, an object of hate and instrument of discrimination and high-handedness" .
He also recalled the observation of Christof Heyns that stated "it is therefore difficult to understand how the Supreme Court (SC), which has been so progressive in other areas, also concerning the right to life, could have ruled in 1997 that AFSPA, did not violate the Constitution" .
Sobita Mangsatabam, who spoke on the topic of, "Justice Verma Committee's report and Rape as an Instrument of War" stated that United Nations Security Council Resolution 1820 of June 19, 2008 defined rape as an instrument of war.
She further said that Verma Committee's Report also reflected the same observation and recommended for trial of rape cases in the civil court even while AFSPA is in use.
Citing some incidents of rapes as examples committed to Th.Manorama (Bamonkampu), Ningthoujam ongbi Ahanjaobi (Takyenthongbal), Miss Rose (Ngaprum Khullen Ukhrul) and Operation Bluebird by Indian Military, she said that rape and other sexual violence had been used as an instrument of war by different actors in the ongoing armed conflict.
She called upon all the likeminded civil organizations and individuals to come together and build collective struggle to end the heinous crimes committed against women.
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