November 23, 2024

Naga, Zo indigenous tribal groups jointly oppose scrapping of FMR, CAA, Uniform Civil Code and AFSPA; sign MoU

By THJ Desk — On March 17, 2024

Naga, Zo indigenous tribal groups jointly oppose scrapping of FMR, CAA, Uniform Civil Code and AFSPA; sign MoU

The Zo Reunification Organisation (ZORO) and Nagaland Indigenous People’s Forum (NIPF) have opposed the scrapping of Free Movement Regime, implementation of Citizenship Amendment Act, Uniform Civil Code and implementation of AFSPA in tribal regions of the Northeastern states.

In a meeting held on March 16, the two tribal bodies signed a memorandum of understanding, appealing to the Nagas an Zo ethnic groups to support the MoU and also urging  the Government of India to revoke the above stated acts and laws.

The tribal bodies said, “Border fencing that divides a community of indigenous peoples is more suitable for weaker governments with limited options, rather than for a country like India, which asserts itself as a world power and is a signatory to the United Nations' Declaration on the Rights of Indigenous Peoples, 2007 (UNDRIP)."

As a signatory to the United Nations' Declaration on the Rights of Indigenous Peoples, 2007 (UNDRIP), the two bodies stated the notion of abolishing the Free Movement Regime (FMR), implementing border fencing, Forest Conservation Act 2023, CAA 2024, UCC and AFSPA 1958 are an indirect contradiction to the spirit of Article 36 (1) and(2) of the UNDRIP.

“Article 36 (1) and (2) of UNDRIP declaration asserts the right of indigenous peoples, divided by international borders, to maintain and develop contacts, relations, and cooperation across borders for spiritual, cultural, political, economic, and social purposes with their own members as well as with other peoples across borders,” the statement said, adding that such policies of the Indian government could have negative impact and would hamper peace, loss of land and economic survival of the Northeast people.

The statement also stated that the scrapping of FMR and enforcing Border Fencing along the Indo-Myanmar border in both the states of Mizoram and Nagaland would divide the Zo ethnic (Chin-Kuki-Mizo) groups living in India, Burma, Bangladesh and Nagas residing in India and Burma.

“Our political history requires a new re-reading when the British colonisation recognised us that we are neither Indian nor Burmese. As a result, they declared our area "Excluded Area" where the Indian nor the Burmese government directly controlled our areas," the two bodies stated.

In the MoU, the two bodies stated that the 1935 Government of India Act was enforced, and Burma was made 'colony' on April 1, 1937. Since then, the Chin-Kuki-Mizo boundary in Mizoram side and the Nagaland side was enforced while maintaining the FMR continues with 40 Km distance from each side even after India got independence in 1947 and so also when Burma got independence in 1948."

The Ministry of Home Affairs issued notification on September 26, 1950 and the later notification was issued on June 28, 1968 giving the permissible distance of Km 40 each from India and Burma side. Again, another notification was issued on July 21, 2010 where the permissible distance was reduced to Km 16, it was tremendously reduced to Km 24 distances from each side. Now in 2024, the Home Minister Amit Shah's speech indicated the possible scrapping of the FMR and enforcing the Border fencing.

The tribal bodies stated that they witnessed the negative reinforcement of scrapping the FMR and its consequent Border Fencing between Mizoram and Bangladesh, where Mizoram lost 15 villages completely and 21 villages partially, all cultivable land by the river side as well as the river itself. Also, the house of the Angh of Longwa village in Nagaland's Mon District has been divided in the middle of the house between India and Myanmar. As a result, the economic survival in those border villages were suffering as their main economic survival is at stake because of the border fencing, the MoU added.

The MoU stated that the Border Security Forces were instructed to monitor in the most unfriendly manner where the villagers were arrested, ultimately peace was at risk. The FMR regime played a crucial role in allowing the Zo and Nagas to seamlessly traverse borders without being constantly reminded of the political divisions, it said. If the government decides to abolish FMR, the Zo and Nagas would be compelled to obtain passports and apply for visas to visit their relatives or attend funeral services, significantly impacting their traditional and daily lives.

The livelihood of the two communities/tribes and economic survival will be at stake as they will lose their rivers and its resources, mountains and lands where they draw economic sustenance. The market economy of the two communities/tribes will be at stake because of the international boundary and exchange of goods where the local villagers make a living in headload transportation and otherwise.

The MoU further stated that Mizoram and Nagaland have witnessed the economic blessings, wherein the two enjoyed throughout from time immemorial from the border exchange of goods and marketing.

Stating that the two agrarian communities' economic survival depends on the land and products, the MoU added that the Forest Conservation Act (FCA) 2023 would result in losing several square miles of land which is a daily economic sustenance of the two communities. As such they cannot accept the FCA to surrender their ancestral land for their survival.

The Citizenship Amendment Act is closely related to FMR and Border Fencing where the political history of Zos and Nagas, before the British colonisation and after the colonisation, has different nature and methods. “The CAA will destroy our sibling connectivity and will make further division by possible influx of illegal migrant,” the statement said, and mentioned that the Uniform Civil Code (UCC) is also a grave concern for the tribal people of the North East India because their customs and traditions that govern their holistic well-being and functioning will be destroyed. The tribal people of Northeast cannot accept such an act to surrender the ancestral practices of their culture and traditions.

Regarding the Armed Forces Special Power Act 1958, the two bodies added that the act was enacted racially against the people of North East India. “It is a law that obliterates all rules of law in the area where it is applied. It is high time the government of India rescind this act. The Indigenous peoples of the North East were, are and will always be against such inhuman and draconian law,” the MoU added

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