The Global Naga Forum (GNF) applauds the Nagaland government’s recent efforts to seek justice for the victims of the Konyak Naga youth massacre in Oting, Mon district. This pursuit, while long overdue, represents a crucial step towards upholding constitutional principles and human rights in Naga homeland. It may be mentioned here that the GNF made a detailed report of the facts we gathered and, with permission of the injured and the families of the victims, GNF made a formal appeal for justice to the Office of the UN High Commissioner for Human Rights. However, UN’s capacity to intervene in such cases is not assured because of India’s stubborn opposition to the UN’s intervention in human rights violations against Nagas, which have been going on for over seventy years.
Constitutional Principles at Stake:
The Oting massacre case brings to the forefront fundamental rights enshrined in the Indian Constitution, particularly Article 21 (right to life) and Article 14 (equality before law). The incident also raises critical questions about the federal structure of India and the autonomy of states in matters of law and order.
AFSPA: A Constitutional Paradox:
The continued application of the Armed Forces Special Powers Act (AFSPA) in Nagaland stands in stark contrast to these constitutional guarantees. Its implementation, under the guise of addressing ‘security threats’, has resulted in numerous human rights violations. We question who truly benefits from AFSPA’s continuance and who bears its brutal costs.
Indigenous Rights and Legal Contradictions:
Several Supreme Court judgments have reinforced the status of adivasis and tribes as original inhabitants, implicitly recognizing their indigenous status. This judicial stance contradicts India’s official position of not recognizing indigenous peoples, creating a legal paradox that needs resolution.
International Standards and UNDRIP:
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) provides a framework for understanding and protecting indigenous rights. Articles 3, 4, and 5 of UNDRIP, emphasizing self-determination and autonomy, are particularly relevant to the Naga context.
Pattern of Delayed Justice:
The Oting case follows a disturbing pattern of delayed justice, reminiscent of the Wuzu killings and Oinam killings. This systemic delay erodes the Naga people’s faith in the Indian judicial system and demands immediate redress.
Constitutional Mechanisms and Federalism:
Nagaland’s filing of a writ petition in the Supreme Court is an indication to the state’s commitment to constitutional remedies. This action aligns with principles of cooperative federalism and asserts state autonomy in pursuing justice for its citizens.
India’s International Obligations:
India, as a signatory to various international human rights treaties, has an obligation to uphold these standards. The treatment of the Oting case will be a litmus test for India’s commitment to these international norms.
The Broader Naga Political Question:
This pursuit of justice must be viewed within the larger context of the Naga political question. It reinforces the urgent need for a just and lasting solution that respects Naga rights, identity, and aspirations.
Call to Action:
We demand the Government of India to:
- Immediately expedite the judicial process for the Oting massacre case, ensuring swift and impartial justice for the victims and their families.
- Repeal AFSPA immediately and unconditionally. The government’s rhetoric of development rings hollow while it simultaneously wields AFSPA as a dagger against Naga lives and rights. This hypocrisy exposes the true nature of state oppression masked as security measures.
- Acknowledge and rectify its contradictory stance on indigenous peoples. Stop denying the existence of indigenous communities while selectively using tribal distinctions when convenient. Recognize the Nagas as an indigenous people with inherent rights as per international standards. We strongly emphasize Articles 30 and 34 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Article 30 affirms the right of indigenous peoples to be free from military activities on their lands without their free, prior, and informed consent. Article 34 upholds the right of indigenous peoples to promote, develop, and maintain their distinctive customs, spirituality, traditions, and juridical systems. India must respect these fundamental rights of the Naga people.
- Follow the progressive examples set by countries like Canada, New Zealand, and Australia, as well as the Vatican’s recent repudiation of the Doctrine of Discovery. These actions demonstrate that it is possible and necessary to acknowledge historical injustices and take concrete steps towards reconciliation and respect for indigenous rights. India must show similar courage and moral leadership in its treatment of the Nagas and other indigenous peoples.
- Cease the charade of disingenuous dialogues and commit to a sincere, transparent, and equitable process to address the Naga political question. The time for empty promises and delaying tactics is over.
- Take concrete steps to rebuild trust with the Naga people by holding accountable all perpetrators of human rights violations, regardless of their position or affiliation.
The GNF unequivocally stands with the victims’ families and the people of Nagaland across arbitrary borders in their pursuit of justice, dignity, and self-determination. We call upon the international community to bear witness to these ongoing injustices and support the Naga cause for freedom and rights.
This is a press release issued by Global Naga Forum, Media Cell on July 18, 2024. This is not a Ukhrul Times publication. UT is not responsible for, nor does it necessarily endorse, its content. Any reports or views expressed are solely those of the author or publisher and do not necessarily reflect those of Ukhrul Times.
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