Senapati village hosts discussion on UN law and AFSPA
Source: Hueiyen News Service / NNN
Imphal, February 04 2014:
A consultation programme on United Nations' Law of Armed Conflict and Armed Forces (Special Powers) Act, 1958 was held today at Bethany village, Motbung, Sadar Hills, Senapati district, Manipur.
The program was jointly organized by North East Dialogue Forum (NEDF), Resource Upliftment Centre for Human Interest, Sekmai and Bethany village's Youth Club, Motbung.
Paolam Kipgen, local pastor of Bethany village and Rev..YHaokip, Chief of Bethany Village were present as presidium members.
.LSevananda, Advocate, U.Nobokishore, Convener, North East Dialogue Forum and M.Sobita, Secretary, Women Action for Development were present as resource persons.
Speaking as a resource person, L.Sevananda, Advocate termed AFSPA as "Lawless Law" because it is contradictory to the basic nature of Indian Constitution.
He said that the Act violates article 21 of Indian Constitution which guarantee right to life and personal liberty.
He stated that under AFSPA, the rights of people in Manipur have been suspended.
All fundamental rights of being a human such as right to life, freedom of movement, right to judicial remedy and the right to fair trail etc.
are being denied under AFSPA, stated Sevananda.
In such situation, he called upon all right thinking persons irrespective of ethnicity and religion to come together and strive for repealing AFSPA from India.
.UNobokishore, Convener North East Dialogue Forum 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.
He urged the government of India to either declare emergency or war in the north east and strictly adhere to the International Humanitarian Law or Law of Armed Conflict or repeal AFSPA and stop violating the human rights in the region.
He cautioned both the conflicting parties i.e.India and armed opposition groups not to violate International Humanitarian Law or face international war tribunal on crime against humanity, crime of genocide and war crime.
He also termed AFSPA as a racist piece of legislation and a symbol of racist regime.
He described the Act as "dated and colonial-era law that breach contemporary international human rights standards." Above all, he stated that the Act is discriminatory and genocidal legislation.
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 recalled what Christof Heyns stated that "it is therefore difficult to understand how the 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, Secretary Women Action for Development stated that United Nations Security Council Resolution 1820 of June 19, 2008 defined rape as an instrument of war.
She 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 rape against women during Operation Bluebird by Indian Military, she said that rape and other sexual violence had been used as an instrument of war 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 due to the impunity of AFSPA, 1958 .
As part of the interaction, participants raised questions to the resource persons asking how long AFSPA will be imposed in Manipur, what steps can be taken when the rights of a person is being violated or abused and what can be done to stop crimes against women and children etc.
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