Rashida recommends AFSPA repeal as a matter of urgency
Source: Hueiyen News Service
Imphal, July 06 2014:
It would not be possible to repeal AFSPA for the moment, says Indian Govt delegation at UN Human Rights Council .
Presenting her report before the 26th session of the UN Human Rights Council held at Geneva on June 12, UN Special Rapporteur on Violence Against Women Rashida Manjoo, who visited Manipur on April 28 last year, recommended that Armed Forces Special Powers Act (AFSPA), 1958 should be repealed as a matter of urgency.
However, the delegation of Government of India argued mainly with the operational need of the Army, saying that in some areas it would be necessary to protect armed forces in order to be effective, although there should be no misuse of Armed Forces (Special Powers) Act (AFSPA) in Manipur.
The Government delegation, which reacted harshly to the report of Rashida, claims that it lacks "full objectivity and exhibits a tendency to over-simplify the issues", also said that Government is continuously surveying AFSPA and misuse of the regulation would be accordingly prosecuted, and that for the moment, "it would not be possible to repeal AFSPA." In addition, large areas in Manipur have been taken out from the enforcement via AFSPA.
In her concluding statement the Rapporteur mentioned her visit to Manipur and lamented that this was her 14th or 15th country visit but never have she been subjected to such 'humiliating treatment' and attitude as done by the Government of India during and after her mission.
Briefing media on the 26th session of the UN Human Rights Council at Regency Hall, Classic Hotel here today, members of Civil Society groups from Manipur who actively participated in the interactive dialogue following the presentation of her report by Rashida, observed that the response of the Government of India on the recommendation for repealing AFSPA was not convincing even to other delegates present during the session.
In her concluding statement the Rapporteur mentioned her visit to Manipur and lamented that this was her 14th or 15th country visit but never have she been subjected to such 'humiliating treatment' and attitude as done by the Government of India during and after her mission.
Among the members of Civil Society groups from Manipur who participated during the interactive dialogue, Babloo Loitongbam, Executive Director of Human Rights Alert (HRA) reportedly took the floor on behalf of the Commonwealth Human Rights Initiative and welcomed the report on behalf of the Working Group on Human Rights in India and the UN.
He appreciated that the report "aptly outlines the due diligence obligations by the State to address not just the manifestations of violence�but most importantly its causes and consequences, so that social transformation become possible" .
Sobita Mangsatabam, secretary of Women Action for Development (WAD), speaking on behalf of the Social Service Agency of Protestant Church in Germany and others, quoted from the report that "women in militarized region (�) live in constant seize and surveillance, whether in their homes or in public" and provided further insights using the experience of North East India.
She asserted that "rape and sexual and physical harassment of indigenous women by the Army personnel was an instrument of war" .
Thangjam Dolendro Meitei, taking the floor during the interactive dialogue following the presentation of the report by the Special Rapporteur on extrajudicial, summery or arbitrary executions, narrated the story of his sister Thangjam Manorama.
He also wondered why the AFSPA is used to protect the very criminals who raped and murdered his sister for the last 10 years.
Over and above this two-minute-direct-oral-intervention, the CSO group from Manipur also organized side events on June 11-12 to explain in details the human rights situation in Manipur to the interested participants of the UN session.
A film entitled "Claiming Justice: Women's Struggle in NE India" produced by HRA and Extrajudicial Execution Victim Families Association (EEVFAM) was also screened on the sideline of the UN event.
Closely following this debate in the Human Rights Council, India was again reviewed by the UN Committee on Elimination of Discrimination Against Women on July 2 .
It may be noted that the United NGO Mission Manipur submitted an alternate report to the CEDAW Committee.
In relation to AFSPA, the expert Pramila Patten from Mauritius was the leading voice at the session.
She asked what priority is given to the Justice Verma-Report, what is the new Government's position in relation to AFSPA and the permission to have trial against army personnel in the framework of AFSPA.
The delegation of Government of India argued mainly with the operational need of the army, that in some areas it would be necessary to protect armed forces in order to be effective, although there should be no misuse of Armed Forces (Special Powers) Act (AFSPA) in Manipur.
The Government delegation said the Government is continuously surveying AFSPA and misuse of the regulation would be accordingly prosecuted, and that for the moment, it would not be possible to repeal AFSPA.
In addition, large areas in Manipur have been taken out from the enforcement via AFSPA.
Patten (and later on others) got back to AFSPA saying that they are not convinced, in particularly having the Justice Verma-Report as source which again was quoted.
But no additional explanation was given by the Government delegation.
Comment
