Joint Communiqué

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Country/entity: India
Nagaland
Region: Asia and Pacific
Agreement name: Joint Communiqué
Date: 11 Jul 2002
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
India-Adivasi Conflicts (1955 - ) (Northeast India)
Several of seven sister states in Northeast India have had ongoing conflicts with the central Indian government, as well as among themselves following India's independence from the British Empire in 1947. Northeast India, in particular, lags behind the rest of India in infrastructure development. Tensions also exist between the various ethnic groups and Indian nationals migrated from elsewhere.

Bodoland:
The Bodo are a predominantly Christian group of about four million people living in the mountainous region of eastern Assam, India. Since 1986, the guerrilla organization – the National Democratic Front of Bodoland (NDFB) – fought for independence of Bodoland. An initial truce was signed in 1989 and negotiations began with the Assam government. However, the NDFB resumed the conflict and new attempts to reach a peace settlement have not been successful. In 2005, a faction of the NDFB entered negotiations and signed a ceasefire agreement after suffering heavy losses. This splintered the NDFB and more radical factions that continue to fight.

Darjeeling:
Gorkhas in the state of West Bengal waged a guerrilla war against the central government from 1986-1988. Anti-foreign riots started in 1979 after a steady infiltration of Hindus and Muslims from other parts of Bengal. Tensions continued until the Accord of Darjeeling peace agreement was concluded in 1988. This accord provided for an autonomous Gorkha district around Darjeeling, which would remain part of West Bengal. It was implemented in The Darjeeling Gorkha Hill Council (Amendment) Act of 1994. After 2007, a second wave of enthusiasm for Gorkhaland was revived by the Gorkha Janmukti Morcha, however, this time by non-violent means. Nonetheless, the introduction of Bengali into schools, raised tensions in a Nepali-speaking region and as of 2017 conflict appears to be increasing.

Hmar:
Tension in Mizoram were primarily due to political domination by the Assamese over the Mizo. The Mizo National Front was formed in 1961 in the aftermath of a devastating famine in the Mizo Hills in objection to Indian Government response, or lack of. With popular support the MNF staged an uprising in 1966, but was unable to take control. It was only in 1986 that a peace accord was signed granting Mizoram statehood and the MNF became a political party. The same year the Hmar People's Convention was formed as a political party advocating for the rights of the Hmar which were ignored by the 1986 peace accord. The movement aimed to create an autonomous state in the north of Mizoram. A 1994 agreement between the HPC and Indian government resulted in the formation of the Sinlung Hills Development Council. However, a splinter group - the Hmar People's Convention-Democracy - was formed in 1995 demanding a separate administration.

Manipur:
The Manipur insurgency is linked to national, ethnic and political identity issues that occupy many of the conflicts in India's northeast that emerged following the independence of India in 1947. Among the largest groups are the United National Liberation Front, the People's Revolutionary Party of Kangleipak, the People's Liberation Army of Manipur, and the Kanleipak Communist Party. The conflict continues as of 2017.

Nagaland:
The exception is Nagaland, wherein tensions predate 1947 and the Nagas announced their intention to declare independence from Britain. Indian authorities moved troops into the region in 195. Nagaland was eventually declared a state in 1963 and an agreement, the Shillong Accord, was signed between the Naga National Council and Indian Government in 1975. In 1980 the Nationalist Socialist Council of Nagaland (NSCN) was formed due to dissatisfaction with the Shillong Accord with the aim of Naga independence. It split into two factions in 1988. Over 80 rounds of peace talks from 1999 onwards led to little until the signing of the Naga Peace Accord in 2015.

Tripura:
Tensions emerged in Tripura between Bengali-speaking settlers and local ethnic groups during the 1970s. In 1989 the National Liberation Front of Tripura was founded followed by the establishment of the All Tripura Tiger Force the next year. Whilst the Christian NLFT seeks independence from India, the Hindu ATTF's sole goal is the expulsion of all Bengali-speakers from the state.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: India-Nagaland peace process
Parties: (Th. Muivah) General Secretary,National Socialist Council of Nagaland (NSCN).
(K. Padmanabhaiah) Representative of the Government of India
Third parties: -
Description: A short agreement noting the Government's recognition of the unique history of the Nagas, and agreeing to expedite the peace dialogue, and extend the ceasefire.

Agreement document: IN_020711_Joint Communiqué.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Rhetorical
Page 1,
...The Government of India recognises the unique history and situation of the Nagas. It is agreed that talks should proceed in an accommodative and forward-looking manner so that a lasting and honourable solution can be arrived at...
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1,
...It has been mutually decided to extend the ceasefire for another year with effect from August 1, 2002.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: South Asia Terrorism Portal, Institute for Conflict Management http://www.satp.org/satporgtp/countries/india/states/nagaland/documents/papers/JointCommunique_11July02.htm

NSCN-IM - Union Government Joint Statement Bangkok, September 23, 2002

A round of talks was held at Bangkok on 21 and 23 September 2002 between the representatives of the Government of India and the NSCN.

The parties reaffirmed the political Importance of the broad framework agreement contained in the Amsterdam Joint Communiqué of 11 July 2002, and agreed on measures to ensure a smooth continuation of negotiations.

The parties also agreed on the need to intensify negotiations.

The NSCN mentioned that a document (enclosed herewith) is being mischievously circulated by some people in Nagaland, and stated that it is not their document.

The Government of India also clarified that it is not a government document

Sd/-

(Th. Muivah)

General Secretary, NSCN

Sd/-

(K. Padmanabhaiah)

Representative of the Government of India

PROPOSED BASIS FOR DISCUSSION TO ACHIEVE A COMPREHENSIVE SOLUTION TO THE NAGA ISSUE

The history and situation of Nagaland is quite unique so that any solution to the Naga issue will have to reflect this uniqueness.

The Naga society is essentially based on the concept of self contained village republics.

Nagas have a very distinct identity and a life style base on concepts like freedom of expression and decision making by consensus.

Nagas are freedom loving and robustly independent.

The history of conflict during the past 54 years and even prior to that, reflects the basic urge of the Nagas to manage their own affairs according to their own genius without undue interference from outside and in accordance with the above started basic concepts.

Given the history of conflict during the past 54 years and desire of the Nagas to run their own affairs with the maximum degree of autonomy, it is of vital importance to agree upon the allocation of competencies as follows:

—

(a) Competencies exclusively exercised by the Government of Nagaland.

(b) Competencies exercised jointly by the Government of Nagaland and the Government of India;

and

The allocation of competencies should be based on the principle that all competencies are to be exercised by the Government of Nagaland unless it is mutually agreed that it is in the interest of both the parties that they be exercised by the Government of India alone or jointly with the Government of Nagaland.

Nagaland will be sovereign with respect to al matters relating to own affairs.

Subject matters to be discussed and allocated

Broadly speaking Government of India would be responsible for the external defence, foreign affairs, currency and communications relating to Nagaland.

Natural resources

All natural resources in, below and above the soil will belong to Nagaland.

Education

Education in Nagaland would be the exclusive responsibility of the Government of Nagaland.

The educational system will be modelled on the current pattern and curriculum and examination will be made fully compatible with those of India.

Cultural Affairs

Culture affairs will come under the exclusive jurisdiction of the Government of Nagaland.

Languages

The official language of Nagaland will, for the time being be English.

Government of India will provide all support and assistance for the development of the Naga language.

The second language taught in schools will include local language and Hindi.

Taxation

Government of Nagaland will have the authority to levy income and other taxes on permanent residents of Nagaland and in relation to any transactions, which take place within Nagaland.

Economy

The economic policy of Nagaland will be formulated and managed in close consultation with the Government.

Development

Government of Nagaland will have the authority to solicit and receive development agencies.

This will have authority to set up trade offices in outside countries.

Tourism

Nagaland Government will be exclusively responsible for the development of tourism and it will have authority to establish its own tourism offices abroad.

There will be close cooperation with the Government of India’s Ministry of Tourism.

Transport

Government of India and Government of Nagaland will be jointly responsible for all types of transport.

Postal system and Stamps

Nagaland will remain a party of the Post, Telephone and Telegraph system of India.

Nagaland may, nevertheless in addition, create its own postage stamps.

Status and protection of minorities within Nagaland

All persons who are permanent residents of Nagaland will be treated equal before law.

There will be no discrimination whatsoever against persons of ethnic origin other than Naga.

Culture, ethnic, religious and linguistic minorities will be protected and enjoyment of their rights guaranteed.

Naga Commission Human Rights

An independent commission on human rights will be created in Nagaland which will monitor and promote human rights.

Integration of contiguous Naga area into new administrative entity.

It is a reality that Nagas live not only in Nagaland but also in some of the neighbouring district of Manipur, Assam and Arunachal Pradesh.

This has been deliberately done by the British in pursuance of their policy of divide and rule.

The Indian people are fully familiar with this philosophy of the British and it is to remedy the above situation that India created linguistic states.

Thereafter the state of Punjab was divided into Punjab and Haryana essentially based on language.

Even recently, three state of Uttaranchal, Jharkhand and Chattisgarh have been created to take care of the aspirations of the hill people and tribal.

Thus no one can understand the aspirations of Nagas more than the Indian people and the Indian Government.

Government of India should take active measure to address this issue.

The areas occupied by Naga which are situated in present day Myanmar will not form part of the present negotiations.

Security forces

Government of Nagaland will have its own armed forces which will be exclusively responsible for the internal security of Nagaland.

The armed forces of India and those of Nagaland will be jointly responsible for the external defence of Nagaland in case of external threat.

Customs

Government of India will not levy duties on goods destined for Nagaland.

A special arrangement should also be made with respect to exemption of excise duties and sales tax by the Government of India for goods manufactured in India and destined for England.

Legislature

The legislature of Nagaland will be known as ‘Tatar Hoho’.

Government (Executive)

The government of Nagaland will comprise of a cabinet of Kilonsers and Ato-Kilonsers elected by the Tatar Hoho.

Government of the State will be designated as ‘Yatulwo’.

Civil service

Nagaland will have its own civil service responsible to it own Government.

Land ownership

Only permanent residents of Nagaland may own land Nagaland.

Other residents may lease land but not own it.

Entry restrictions to Nagaland

The Government of Nagaland will have authority to regulate the entrance of outsiders (other than permanent residents) into Nagaland.

Guarantees for implementation

Provisions will have to be agreed upon for smooth transition to the new situation following the conclusion of an agreement on the lines outlined above, a time table will have to be agreed upon for the implementation of the agreement reached.