Ato Kilonser Alezo Venuh, GPRN Naga Unification
(From previous issued)
We have to put an end to all allegations and blame game, shouting from Nagaland. We have to achieve our goals through corrective measures, through a better understanding of the factual position both between the leadership and the whole Naga Fraternity.
We have to keep it in mind that no Nation is formed under a commonly accepted general principle or law of commonalities. Every nation is formed out of indifference between political leaders of the same geopolitical region. The initiative has to be from within the Nagas.
The Government of India has agreed to constitute a Legislature under the Federal structure consistent with the indigenous Naga political system namely – the Nagaland Federal Hoho.
The same in the form of Territorial will be constituted as Territorial Hohos within the Naga Areas in Naga Areas held by Arunachal Pradesh and Manipur.
About Assam. All the Tribal leaders, GBs and the elected representatives of NLA and Parliament Members will have to take a note on the factual matrix of the border issues.
Naga Hills Tuensang Area was separated from Assam by way of NHTA Act of 1957. At the time of the Formation of Nagaland, Assam had Transferred only the Naga Hills District. They did not transfer the Naga
Tribal Areas as under the NHTA Act, which includes the NC Hill, Rengma Hills, Lotha, Ao and Konyak Areas held by Assam including the Forests owned by the Naga villages.
These “Traditional Naga Areas are not disputed Areas, but they are “Naga Tribal Areas illegally held by Assam”.
This act of the Assam Government is in contravention to the Treaty of 1962, which was made a mutual convention leading to the formation of Nagaland, thus ratifying NHTA Act of 1957.
As the whole matter was deliberated, the government of India understood the political reality and agreed to take over the Administrative Control of the Naga Tribal Areas which include the Forests, by an empowered High-Power Committee that will demarcate the traditional boundaries.
The demarcated Naga Tribal areas and the Forests will be transferred to Nagaland which would include all the Naga Tribal Areas of the Frontier Tracts of Assam from North Cachar Hills to the villages under Konyak Authority of the ANGHs.
Regarding the international Boundary with Myanmar, the representation of Naga club itself was pointed out by the experts as the reason to exclude separation of Naga Hills at the time of the Partition of Burma Act.
The Historical Positions of the Nagas and the Government of India draws a difference here.
- During the Second World War, the Naga Hills fell into the hands of Japanese forces and the British Government recaptured the areas through battle.
The recaptured areas fell directly under the Crown, it is only an administrative consideration whether these areas were excluded or partially excluded, but was under the direct control of the Governor General.
We can refute and disagree, but as we sit across the negotiation table, there has to be enough logic and grounds.
The Transfer of Powers to India included all such areas including Naga Hills which was then under the Government of the United Kingdom. - During the Partition of India in 1947, the Muslim League had included Assam and the Hill Areas to the borders with Burma and Tibet in their Map. The clarification given by the Muslim League was that Tribes of the Hills have no religion and together with them the Muslims of Assam have majority.
This was refuted by Gandhiji and the Viceroy agreed to cede Assam and the Hill areas to till the Burma
-Tibet Border to India. The Hill areas comprised Naga Hills, Hills of Manipur, Khasi, Jaintia and Garo together with other Frontier Tract Areas. - Indo Burma Border Agreement was signed in 1967 after the formation of Nagaland. Without any hearing or a joint Commission on the claims of the Villages and Tribes along the Indo Burma border, the GoI agreed to the Demarcations according to the Pemberton Line and the 1837 boundary of Patkai ranges.
This was to be reviewed by the joint Committee where the tribal and Village heads of the Naga areas were to stake their claim.
Border Fencing along the Naga Areas would be against the agreed terms with the NNPGs on the ‘Exemption from Indian Passport Act’.
Besides everything, we have to understand that the amending powers that the Parliament had in 1962 was curtailed by the Supreme Court of India in 1973.
The doctrine of the Basic Structure of the Constitution was applied which restricts the Parliament.
Even we enter into any agreement outside the premises of the basic structure of the system; the Parliament cannot enact such laws.
Despite this, if the government of India enacts such laws and amendments to satisfy the Naga leadership, it will not stand the test before the open forum of the Courts. The
Parliament cannot circumvent the Supreme Court Directives. Whatever has been settled through the Negotiations, the NNPGs have covered the entire gamut that can be achieved at this point of time.
The remaining matters can be taken up only after appropriate legislatures and statutory bodies are established through the political solution.
There has to be a due procedure drawn for such negotiations by enacting appropriate acts of the newly formed legislatures.
The failures on this count emerged from the Ceasefire Agreement that should have included certain clauses pertaining to the geographical area, People, and other terms of references.
This would have required a resolution of both houses of the Parliament so as to give the solution so as to have the validity of the treaty outside the purview of the Constitution. Such a procedure would have eliminated the questions on the Vires to the Constitution of India.
We tried to overcome these shortcomings to a great extent. Whatever the best possible at this point of time has been settled between the GoI and the NNPGs, within the limitations imposed by the previous negotiations and shortcoming in other procedures.
It is right time for making a holistic approach in the political solution by enlisting the settled positions by the Negotiators.
The political solution is for the people and not for claims and credit to the leaders or assignees.
We need a systematic approach in the matter, What
the Nagas have to decide after the formation of the new Political system, should not create an obstruction in entering into the accord with the Government of India.
We must end blame games and unite for a holistic political solution.
The Naga Federal Hoho and Territorial Hohos will reflect our indigenous system.
The solution is for the people, not for leaders claims. Let us move forward with a systematic approach, ensuring a secure future for generations to come.
(Concluded)
KUKNALIM.
GOD BLESSED
NAGALAND