Imphal, 13th January 2017
The Civil Society Coalition on Human Rights in Manipur and UN (CSCHR Manipur) submitted its joint stakeholders’ submission report, “BROKEN PROMISES AND ABDICATED OBLIGATIONS” on the status of human rights in Manipur to the UN Human Rights Council for consideration during the examination of India in the third cycle of Universal Periodic Review on the 4th of May this year. The report, which was submitted on 22 September 2016, was prepared through a collective wide-ranging consultative process, consisting of several formal meetings conducted from August to September 2016.
While voicing clear concerns regarding the increasingly openly and deliberately flaunted human rights protection and promotion by states worldwide, CSCHR’s report focuses on the continuing serious concerns regarding the human rights situation prevailing in Manipur. Manipur remains one of the States with a continuous peoples’ movement for the right to self-determination in India since its merger with the Indian union in 1949 in conditions that violated international law.
The report also highlighted very substantive gaps between the information shared by the government and other stakeholders, the recommendations arising therefrom, the acceptance of such recommendations and their implementation by the government of India. India’s approach to this review of deciding to selectively “accept” specific human rights recommendations regarding the outcomes of its UPR 1st cycle and UPR 2nd cycle reviews undermines the basic principle of human rights and its total disregard of parliamentary scrutiny and public accountability also defeats the purpose of setting up such principles and mechanisms to monitor the implementation and achievements in protecting and promoting human rights.
India has also failed to realize its guarantee under Article 253 of its Constitution in fulfilling international human rights obligations by making necessary and appropriate legislation or incorporating new amending provisions in existing domestic laws in accordance with international standards.
Describing the serious situation prevailing in Manipur, the CSCHR report sought the Human Rights Council’s attention on serious violations of civil and political rights under a repressive de facto military regime and state of emergency that has existed from the 50s. Militarisation has impacted on every sphere of human development and governance, and indigenous peoples’ rights are being aggressively violated. CSCHR also informed the UN about the serious challenges confronting the indigenous peoples of Manipur today due to the state sponsored infusion of outsiders and migrants into Manipur that has dangerous implications to the survival of the native inhabitants, and has also led to land alienation, economic subjugation, political repression, irreparable injury to indigenous culture and tradition, conflicts and violence.
The following recommendations were submitted to be made to the government of India and its union States:
- Government of India should respect the Manipur peoples’ right to self-determination as per the General Assembly Resolution 1514, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and Declaration on Rights of Indigenous Peoples and seek a political solution to the ongoing armed conflict in Manipur.
- Government of India should repeal Armed Forces (Special Powers) Act, 1958 as recommended by previous UPR Working Group, Human Rights Committee, Committee on Economic Social and Cultural Rights, Committee on Elimination of Racial Discrimination, Committee on the Elimination of all forms of Discrimination Against Women as well as the Special Rapporteurs on Human Rights Defender, Summary, Arbitrary and Extra-judicial Executions, Violence Against Women, etc.
- Government of India should also repeal other security legislations and counter terrorism measures, such as the Unlawful Activity Prevention Act, 1967, National Security act, 1980, etc.
- Government of India should promptly investigate and prosecute all Indian security forces involved in gross human rights violations.
- That the Government of India should remove all its “Reservations” and “Declarations” on all International Conventions and Treaties.
- The government of India should ensure that all MoUs for mega dams in Manipur, without indigenous peoples free, prior and informed consent be withdrawn.
- The Government of India and Jubilant Energy should stop all petroleum and drilling related activities in Manipur till indigenous peoples’ rights over their land and resources are recognized.
- Policies introduced such as the North East Hydrocarbon Policy, 2030, the Manipur Hydroelectric Policy of 2012, Manipur Loktak Lake (Protection) Act, 2006, should be repealed.
- Stop all plans for forced commissioning of Mapithel Dam. The 105 MW Loktak Multipurpose Hydroelectric Project should be decommissioned
- The Government should stop targeting human rights defenders and indigenous organizations involved in promoting sustainable development and in challenging destructive projects
- All projects financed by IFIs should take the free, prior and informed consent of indigenous peoples and fully adheres with the provisions of the UN Declaration on the rights of indigenous peoples (UNDRIP)
- Recognition of indigenous people as ‘indigenous’ by guaranteeing all indigenous rights of protection and positive discrimination that includes ownership over land and resources.
- The Government should fully implement the provisions of the UN Declaration on the Rights of Indigenous Peoples, 2007
- Ratify the International Labour Organisation’s convention No. 169 on Indigenous and Tribal Peoples’ Rights.
PLEASE CLICK ON THE LINK BELOW TO READ THE FULL REPORT
The Civil Society Coalition on Human Rights in Manipur and the UN submitted its second report to the UN Human Rights Council for the forthcoming third Universal Periodic Review of India. The report named STATUS OF HUMAN RIGHTS IN MANIPUR: BROKEN PROMISES AND ABDICATED OBLIGATIONS can be seen and downloaded from the links provided below:
The Civil Society Coalition on Human Rights in Manipur and the UN held a press conference on 30th May 2014 to welcome and commend the final report of Ms Rashida Manjoo, UN Special Rapporteur on violence against women, its causes and consequences who visited India on an official mission upon the invitation of the government of India in 22 April to 1 May, 2013. The coalition had written to her in January 2013, inviting her to visit Manipur during her mission. Ms Manjoo visited Imphal during her sojourn in India and held an open consultative meeting with victims and families, NGOs and civil society organisations of Manipur and the North Eastern region of India. At the consultation, CSCHR submitted a memorandum to her, which included documentation of violence against women in Manipur in the context of internal armed conflict.
Links to the media reports of the press conference are provided below.
PLEASE CLICK ON THE LINKS TO SEE THE PRESS REPORTS
The official report of the UN Special Rapporteur on violence against women, its causes and consequences, Ms Rashida Manjoo’s mission to India in 2013 is out. During her mission to India, Ms Rashida Manjoo visited Imphal on 28 April 2013, and held an open meeting at the Classic Hotel which was attended by many organisations from the North East region of India as well as women victims and/or their families. CSCHR submitted a comprehensive memorandum to Rashida Manjoo during her visit to Manipur.
Her report recommends the “repeal, as a matter of urgency, the Armed Forces (Special Powers) Act and the Armed Forces (Jammu and Kashmir) Special Powers Act and ensure that criminal prosecution of members of the Armed Forces is free from legal barriers.”
PLEASE CLICK ON THE LINK PROVIDED TO SEE THE REPORT
CSCHR is pleased to share its latest publication “Manipur: Perils of war and womanhood”.
PLEASE CLICK ON THE LINK BELOW TO ACCESS THE PUBLICATION
UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns – Report of Mission to India
Please see our Reports section to see the Mission to India report of UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns.
Imphal, Aug 18: Marking the 55 years of imposing Armed Forces Special Power Act (AFSPA), 1958, Just Peace Foundation in collaboration with Civil Society Coalition for Human Rights in Manipur and The UN released a book entitled, ‘Manipur: Memorandum on Extrajudicial, Summary or Arbitrary Executions’ at Imphal Hotel’s Banquet Hall here on Saturday.
At the function, human rights activists and members of civil society organizations unanimously adopted two resolutions. Firstly, ‘to request all the Members of the Parliament from the regions and States affected by AFSPA to unitedly make every effort with urgency in order to ensure that this Act is repealed,’ and secondly, ‘to request civil society organizations and movements in the AFSPA affected regions and States and the rest of the India to increase efforts to urge the government of India to repeal the Act during the present session of Parliament.’
Dr T Meinya Singh, Member of Parliament (Lok Sabha), who attended the function as Chief Guest, said that armed forces are specially trained to fight enemy, however, sending them among the civilians under the guise of controlling insurgency is not right. Referring to the assurance of Prime Minister Dr Manmohan Singh to amend AFSPA and make it more humane, Dr Meinya said that the Prime Minister and his Cabinet is very much concern about the draconian aspect of the Act. Commission reports of former Union Law Minister Veerappa Moily and Vice President Hamid Ansari too have recommended repealing of AFSPA. However, in a democratic set up, revocation or make changes to a law is a long process and it takes time.
Further, Dr Meinya observed that in order to expedite the process of revoking AFSPA, every citizen has to empower themselves first and all the people affected by the Act should come up with a single voice to repeal it. Delivering the key note address, human rights activist Babloo Loitongbam recalled that when AFSPA was introduced as a Bill for the first time in Lok Sabha on 18th August, 1958, the then Home Minister G B Pant justified the Bill stating, “state government can use the army only for limited purpose,”. But today it has been transformed into “unlimited purpose” as the Army aggressively embarks on their mission to win the heart and mind of the people in the disturbed areas.In Manipur we are witnessing that the military has transgressed its usual leveling of football grounds or organizing medical camps and now entered almost every academic seminars and even in Lai Haraoba festivals through its military civic action programs.
Appealing to the Prime Minister and his Cabinet colleagues to pause for a moment and have a serious introspection on the issue, Babloo said that repealing AFSPA will put India in a good stead as a credible democracy amongst the comity of nations and it will also help to recover some of the lost faith and confidence of the North East people and Kashmir to the democratic processes of the country.
Participating in the panel discussion, Senior Advocate, Khaidem Mani said that due to the presence of AFSPA, Indian democracy is turning towards a “Colonial Democracy.” It also indirectly helps to upsurge insurgency movement in the AFSPA affected states.
If the Indian government wants to continue its colonial democracy, then AFSPA can be continued, and if the government wants the active participation of Manipur and other North East people, then the black law should be repealed immediately, he added. Another panelist and President of Senior Citizen for Society, Ningthoujam Binoy questioned the interest of the three MPs from the state with regard to the current movement for removing AFSPA.
During the panel discussion, retired Session Court Judge, C Upendra also said that in order to repeal the Act, all the civil society organizations and human rights activist in the AFSPA affected regions should come together as one. Retired Colonel T Hemo Singh; Convenor of Civil Society Coalition on Human Rights in Manipur and The UN Dr Debabrata Roy; Advisor IPSA H Ibotombi; Lokendra Arambam; Managing Trustee of Just Peace Foundation Kh Anandi were among others who also participated in the panel discussion.
IMPHAL, Aug 18 : Altogether 1528 people including 31 wo-men and 98 children were killed in fake encounters by security forces in Manipur between 1979 and May, 2012.
Of these, 419 were killed by Assam Rifles while 481 were killed by combined teams of Manipur Police and central security forces.
These figures were clearly recorded in a report released today at Hotel Imphal at a function held in commemoration of August 18, 1958 when the Armed Forces (Special Powers) Act was passed in the Indian Parliament.
The commemorative function was jointly organised by the Just Peace Foundation and the Civil Society Coalition on Human Rights in Manipur and the UN.
The report titled ‘Manipur: Memorandum on Extrajudicial Summary or Arbitrary Execu-tions’ mentioned that State forces excluding central forces killed 344 people between 1979 and 2012.
Out of the 344 people, 40 were killed by Manipur Police Commandos, 90 by Imphal East Commandos, 132 by Imphal West commandos, 15 by Bishnupur Commandos and 67 by Thoubal Commandos.
Speaking at the occasion, Civil Society Coalition on Hu-man Rights in Manipur and the UN convenor Debabrata Roy Laifungbam said that the report was published after minute analysis and cross-checking by different human right organisations.
The report was published after making some additions to the memorandum submitted to the UN Special Rapporteur on Extrajudicial Summary or Arbitrary Executions, Christof Heyns during his visit to India between March 19 and 30 this year.
After releasing the report, MP Dr T Meinya reminded that the Justice Jeevan Reddy Committee constituted by the Government of India itself has already agreed that AFSPA ne-gated the very spirit and principles of democracy.
Recalling that Prime Minis-ter Dr Manmohan Singh once assured to make the military Act more humane, Dr Meinya maintained that AFSPA would be certainly given a humane face even if it takes time.
The function also figured a panel discussion programme with Lokendra Arambam as moderator. One panellist said that it is not only the army and the politicians but many civil organisations based in main-land India are opposed to repealing AFSPA because they do not have faith in the people of North East region.
They can never treat the people of India as equal citizens of India.
The army too are victims of AFSPA for they are empowered by the draconian Act to commit all kinds of crimes and extrajudicial killings with full impunity, thereby rousing communal tendency, remarked the scholar.
Almost all the panelists agreed that AFSPA should be repealed.
Later, a resolution adopted appeal to all the MPs of North Eastern States, States affected by AFSPA and all civil society organisations of the country to work collectively so that the Parliament passes a resolution during the ongoing session to the effect that AFSPA is scrapped totally.
19-Aug-2012 / 03:49 AM / Headlines / Our Staff Reporter / http://www.thesangaiexpress.com/sangai-express-news.php?newsid=18451
CSCHR launches, as a formal publication, its memorandum to the Special Rapporteur on extrajudicial, summary and arbitrary executions, Christof Heyns on Saturday 18th August 2012. Dr Thokchom Meinya, Member of Parliament (Lok Sabha) will release the publication in an event that also memorialises the day – 54 years ago – when the Armed Forces (Special Powers) Act of 1958 was passed by Indian Parliament.
“The memorandum elaborates on the political context of the armed conflict prevailing in Manipur for the past over three decades, which forms the context of the summary or arbitrary killings…provides information on the domestic legislative provisions, lacunae in the investigation and judicial processes and the independence of the judiciary, the limitations of inquests and post-mortem procedures, absence of a witness protection programme and issues concerning impunity, justice and reparation for the victims’ families.” (Excerpt from memorandum to Christof Heyns, 28 March 2012)
Oral Statement by Christof Heyns, Special Rapporteur on extrajudicial execution at 20th session Human Rights Council
On 19th June 2012, in Geneva during the 20th session of the UN Human Rights Council, Mr Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions delivered his oral statement during Item 3: Interactive dialogue with Special Rapporteur on the right to freedom of expression and opinion and Special Rapporteur on extrajudicial, summary or arbitrary executions.
PLEASE CLICK ON THE LINK BELOW TO READ THE FULL ORAL STATEMENT