Meet calls for repealing AFSPA, protection of civilians
Source: Hueiyen News Service
Imphal, February 16 2014:
North-East Dialogue Forum (NEDF) in collaboration with Central Committee of Community Hall, Awangkhunou Mamang Leikai; Great Star Club (GSC), Sagoltongba; Village Women Coordinating Committee (VWCOC); Conflict Widow Forum (COWF) and Awangkhunou Meira Paibi conducted a consultation programme on International Humanitarian Law and Crimes against Humanity at the Central Community Hall of Awangkhunou Mamang Leikai in Imphal West today.
Around 150 people participated in the programme.
The key note address was given by Babuyaima, retd.Lecturer of S.Mani College while Advocate of High Court of Manipur L.Sevananda; Advocate Basanta Warekpam of Human Rights Alert; Dr.Chinglen Maisnam, Professor in Dept.
of Economics, Manipur University; A.Mobi, President of Editors' Guild, Babycha Mangsatabam; Chongtham Mohon; Retd Principal of Recent Higher Secondary School and Sanahanbi, Zilla Parishad of Awangkhunou GP were among those who who spoke as resource persons during the consultation.
They highlighted that people in the North East India have been living for more than five decades now under the shadow of Armed Forces (Special Powers) Act 1958, which allows the Government Security Forces to kill, torture and rape with immunity and impunity.
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.
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 civilians.
They went on to point out that people experience human rights violation both from Indian Union and Manipur state security forces and armed non-state actors.
Extrajudicial Executions of innocent civilians and armed cadres after apprehending are serious human rights violations committed by the Indian security forces.
Besides, many women have been raped, raped and murdered, molested and killed by the government's security forces.
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.
Amnesty International in 1997 defined AFSPA, 1958 as "Undeclared Emergency with undefined reasons for unlimited period of time." Justice Jeevan Reddy Committee (2005) report stated that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." And therefore, the committee recommended that "The Armed Forces (Special Powers) Act, 1958, should be repealed." The 2nd Administrative Reformed Commission (2007), Justice Verma Commission and Justice Santosh Hegde Commission had all recommended for the repeal of AFSPA, 1958.Ms.Pillay the UN High Commissioner of Human Rights, R.N.Ravi, the Retd.Director 1B, Special Rapporteur on Human Rights Defender, Special Rapporteur on Extra Judicial Execution, Special Rapporteur on VAW visited India and North East State and strongly recommended for the repeal AFSPA.
16 Treaty Bodies Special Mechanism of UN had also recommended to repeal AFSPA since 1997 but India has failed to act responsibly till date.
Therefore, both Indian armed forces and armed non-state actors are called upon to respect and implement International Humanitarian Laws, Geneva Conventions 1949's common Article 3 and Additional Protocol II of 1977.It is surprising that India violates the International Humanitarian Laws and Geneva Conventions.
War should be fought under International Humanitarian Law.
In war or violent armed conflict, both the conflicting parties should allow humanitarian services, protect women and children and allow reaching the medicine/health care, food etc.
to the people.
However, citing as an example in the case of Sajik Tampak Operation, 2004 Indian Army put restriction on purchase of food items and other essential commodities like medicines and setting limitation of rice quantities to be purchased by a family as per family members and number of days, etc.
At the end of the programme, various recommendations addressed to both the Government of India and Manipur as well as to the political armed opposition groups were adopted.
The recommendations addressed to the Government urged the Chief Minister and Deputy Chief Minister of Manipur to meet Prime Minister Dr Manmohan Singh and AICC chief Sonia Gandhi in connection with repealing AFSPA, ask India to ratify the Convention against Torture and implementation of United Nation Security Council's Resolution 1820 June 2008 of Rape as an instrument of war, urge the Government of Manipur to immediately arrest the criminal involved in killing of Laishram Surmila (10 yrs) D/O L.Amuthoi, Borayangbi under Kumbi Police Station and punish according to the legal procedure and request to complete the charge sheet without delay, to arrest the culprit(s) involved in killing of Sanabam Joshina (Sana), 18 years of Waikhom Leikai under Singjamei Police Station on 10th October 2013 and lastly to respect and implement the Geneva Conventions, 1949's common Article 3 and Additional Protocol II of 1977; Recommendations addressed to Political Armed Opposition Groups urged all concerned to respect and implement the Geneva Conventions, 1949's common Article 3 and Additional Protocol II of 1977; to reconcile among the factions and stop inter-factional fighting in the interest of the common people and to sign and commit to the Geneva Call's Deed of Commitment.
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