Human Rights Watch Report: “Army Killings Fuel Insurgency in Manipur”

NEW DELHI, Sep 15: “Fake encounters, torture of detainees etc are very regular features in Manipur. The Armed Forces Special Powers Act has created a climate of impunity”, stated Mr Brad Adams, executive director of Human Rights Watch’s Asia Division, as the humanitarian organisation today released it’s first ever report on Manipur.

The 79-page report, “These Fellows Must Be Eliminated’: Relentless Violence and Impunity in Manipur,” documents the failure of justice in the state, where for 50 years the army, empowered and protected by the Armed Forces (Special Powers) Act (AFSPA), has committed numerous serious human rights violations.

Human Rights Watch and the Manipur Women Gun Survivors Network (MWGSN) jointly organised the release at the India International Center in New Delhi on 15th September 2008. The event was followed by a panel discussion titled “Roadmap to Peace in Manipur”.

The report documents specific cases of extrajudicial executions and torture by soldiers, paramilitaries, and police in Manipur since 2006, and the Indian government’s failure to curb the abuses. Torture of detainees, in particular severe beatings during interrogations of suspected militants and their supporters, remains common. Torture victims described to Human Rights Watch how they were arbitrarily arrested, beaten, and subjected to electric shocks and simulated drowning.

It also details the failure of justice in the killing and possible rape of alleged militant Thangjam Manorama Devi by the paramilitary Assam Rifles in 2004. Repeated attempts to identify and punish those responsible for her death have been stalled by the army, which has received protection under the immunity provisions of the AFSPA.

One of the key findings of the report is, that human rights violations by Indian security forces have fueled the armed opposition in Manipur. Therefore, the Indian government should fully prosecute army, paramilitary, and police personnel responsible for killings and torture in Manipur, Human Rights Watch said in it’s new report.

“Soldiers and police are protected by laws like AFSPA granting immunity and officials unwilling to hold them accountable for serious crimes,” said Meenakshi Ganguly, senior researcher on South Asia at Human Rights Watch and author of the report. “These laws perpetuate human rights abuses, which drive civilians to seek the protection of one or other armed group.”

In the discussion, Shri K. Padmanabhiah, Fomer Home Secretary and Government of India’s Representative in the Naga Peace Talks, stated, “The government should have the courage and conviction to say that the Armed Forces Special Powers Act is not necessary. People that deal with guns have to be told that negotiations and dialogues work better “. Dr Oinam Bhagat, Associate Professor at Jawaharlal Nehru University agreed to this and said, “Political dialogue is best but intentions have to be very clear”.

Human Rights Watch called on Indian Prime Minister Manmohan Singh to act on the findings of the committee he appointed to review the AFSPA in Manipur. Created after weeks of protests in Manipur following the killing of Manorama in 2004, the committee led by Justice B.P. Jeevan Reddy recommended in 2005 that the AFSPA be repealed. The Indian government has failed to take action on the committee’s recommendation, says the report.

India has also ignored concerns and recommendations by United Nations human rights bodies calling for a review of the AFSPA. For example, in 1997 the UN Human Rights Committee said that the continued use of the AFSPA in Manipur was tantamount to using emergency powers and recommended that the application of these powers be monitored to ensure compliance with the International Covenant on Civil and Political Rights.

“The Indian government has not only ignored the pleas of ordinary Manipuris and UN human rights bodies to repeal the Armed Forces Special Powers Act, but has even ignored the findings of its own committee,” said Ganguly. “This reflects the sort of callousness that breeds anger, hate and further violence.” However, also armed groups have carried out torture, killings, indiscriminately used bombs and land mines, engaged in forced recruitment, and conducted widespread extortion that needs to end, adds the author of the report.

In addition to repeal of the AFSPA, Human Rights Watch recommended that:

(1) The government of India and the state government of Manipur should investigate and prosecute government officials, including members of the armed forces, police, and paramilitary responsible for human rights violations.

(2) Indian security forces involved in military operations should take all necessary steps to ensure compliance with International humanitarian law.India should ratify the 1977 Additional Protocols to the Geneva Conventions of 1949.

(3) Armed groups to take all necessary steps to ensure the compliance with international humanitarian law, specifically article 3 to the 1949 Geneva Conventions and customary international humanitarian law.

(4) Armed groups to publicly denounce abuses committed by any other militant group and ensure that there is appropriate accountability for such abuses.

Later the discussion, that was attended by members from various ethnic communities of Manipur, drew attention to a reconciliation process in Manipur itself. “Manipur tragedy is born out of two issues

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