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Download the Full Report Rights & Risks Analysis Group P.O. Box 9627, Janakpuri, New Delhi-110058 Email: director @rightsrisks.org; Website: www.rightsrisks.org Phone: +91-11-256205830 10 August 2021 BORDER DISPUTES IN THE NORTHEAST: THE RAGING WAR WITHIN INSIDE 1. Executive summary and recommendations 1 2. The costs of border disputes and the war within 6 2.1 Boundary dispute between Assam and Mizoram 9 2.2 Boundary dispute between Assam and Meghalaya 14 2.3 Boundary dispute between Assam and Arunachal Pradesh 15 2.4 Boundary dispute between Assam and Nagaland 17 BORDER DISPUTES IN THE NORTHEAST: THE RAGING WAR WITHIN 1. Executive summary and recommendations he violent armed clashes The dispute between Assam and between the Assam Police and Mizoram relates to the claim of Tthe Mizoram Police on 26 July Mizoram that its border in the 2021 led to the death of seven persons northern side is based on the boundary including six policemen from Assam set for application of the Inner Line of and injuries to 60 others.1 The death of 1875 under the Bengal Eastern at least 157 persons and injuries to at Frontier Regulation of 1873 and not as least another 361 persons and per the boundary redrawn as per 1933 displacement of more than 65,729 notification.3 Similarly, the boundary persons from 1979 to 2021 (26 July) in dispute between Assam and Meghalaya the clashes over border disputes relates to the boundaries of the between Assam on one hand and the erstwhile United Khasi and Jaintia states curved out of Assam i.e. Hills district notified in 1835.4 The Arunachal Pradesh, Meghalaya, boundary dispute between Assam and Mizoram, and Nagaland on the other Nagaland relates to the rejection of the warrant permanent peace building Nagaland State Act of 1962, which had measures. defined the state’s borders as per the 1925 notification under which Naga i. The border disputes and failed Hills and Tuensang Area, by Nagaland attempts for solutions that demands the inclusion of all the Naga- dominated areas in Assam into The border disputes primarily relate to its territory.5 The boundary dispute Assam and the States which were born between Assam and Arunachal out of Assam i.e. Arunachal Pradesh2, Pradesh relates to the transfer of about Nagaland, Mizoram and Meghalaya 30,000 sq km of land from then North over claims on territories as per East Frontier Agency (NEFA), the boundaries drawn by the colonial current Arunachal Pradesh, to Assam British. 3. Border Dispute: Mizoram Stands By 1875 1. Assam-Mizo clashes because of Himanta Document On Boundary With Assam, Outlook, Biswa Sarma's ‘expansionist’ tendencies, says 31 July 2021, MP, The Hindu, 04 August 2021, https://www.outlookindia.com/website/story/i https://www.thehindu.com/news/national/ass ndia-news-border-dispute-mizoram-stands- am-mizo-clashes-because-of-himanta- by-1875-document-on-boundary-with- biswa-sarmas-expansionist-tendencies-says- assam/390072 mp/article35715946.ece 4. All you need to know about Assam’s border 2. Arunachal Pradesh, former North East disputes with NE states, The Tribune, 29 July Frontier Agency was not a part of Assam. It 2021, was a centrally administered territory usually https://www.tribuneindia.com/news/nation/all looked after the Governor of Assam and it was -you-need-to-know-about-assams-border- initially under the Ministry of External Affairs disputes-with-ne-states-290060 of the Government of India 5. Ibid 1 BORDER DISPUTES IN THE NORTHEAST: THE RAGING WAR WITHIN based on the recommendations of the which in its 2014 report recommended Bordoloi Committee report of 1951.6 the transfer of around 70-80 per cent of the disputed land to Arunachal The States usually approach the Pradesh.8 The Centre had also Supreme Court to resolve disputes. constituted two boundary The demarcation of boundaries is an commissions i.e. the Sundaram executive task and the Supreme Court Commission (1971) and the Shastri usually recommended the formation of Commission (1985) to settle the the boundary commissions. However, Assam-Nagaland border disputes but if any of the States does not accept the both the States rejected the recommendations of the boundary recommendations of these commissions including those committees.9 appointed by the Supreme Court, little progress can be made. ii. The human toll of Indian citizens In the past, the recommendations of the boundary commissions have been The failure to maintain the ‘status quo’ consistently rejected. On led to loss of lives, mass the Assam-Meghalaya displacement and other border dispute, The death of at least 157 human rights violations. Meghalaya had rejected persons, injuries to at the recommendations of least another 361 persons Apart from regular Justice YV Chadrachud and displacement of more destruction of the Committee which had than 65,729 persons in standing crops by the awarded Langpih to the border clashes in the police, from 1979 to 2021 Assam while Assam had North East from 1979 to (26 July), at least 157 accepted the 2021 (26 July), warrant persons were reportedly 7 recommendations. But, permanent peace building killed, at least 361 persons Assam itself had rejected were injured and more measures. the recommendations of than 65,729 persons were the three- member displaced in the border boundary commission appointed by clashes between Assam in one hand the Supreme Court on the Assam- and Arunachal Pradesh, Meghalaya, Arunachal Pradesh border dispute 6. Disputed land should be returned to 8. Disputed land should be returned to Arunachal, says panel report, The Indian Arunachal, says panel report, The Indian Express, 1 February 2014, Express, 1 February 2014, https://indianexpress.com/article/india/india- https://indianexpress.com/article/india/india- others/disputed-land-should-be-returned-to- others/disputed-land-should-be-returned-to- arunachal-says-panel-report/ arunachal-says-panel-report/ 7. All you need to know about Assam’s border 9. All you need to know about Assam’s border disputes with NE states, The Tribune, 29 July disputes with NE states, The Tribune, 29 July 2021, 2021, https://www.tribuneindia.com/news/nation/all https://www.tribuneindia.com/news/nation/all -you-need-to-know-about-assams-border- -you-need-to-know-about-assams-border- disputes-with-ne-states-290060 disputes-with-ne-states-290060 2 BORDER DISPUTES IN THE NORTHEAST: THE RAGING WAR WITHIN Mizoram and Nagaland on the other Nagaland House adopting a resolution based on the major incidents reported. on 5 August 2021 for resolving the border dispute with Assam out of court Out of the 157 reported deaths, the and amicably with the involvement of maximum number of deaths took place 11 in Assam-Nagaland border dispute the local people of both the States. with 136 deaths followed by Assam- On 6 August 2021, Assam and Arunachal Pradesh border dispute with 10 deaths, Assam-Mizoram Meghalaya governments also decided border dispute with 7 deaths and to start settling the “less complicated” Assam-Meghalaya border dispute with areas of dispute first along the 884.9 4 deaths. km border and formed three regional committees consisting of five member Out of the 361 persons injured, the each headed by Cabinet Minister to maximum number of people were first get the views of the people living injured in Assam-Nagaland border dispute with 184 persons, followed by in the disputed areas and prepare a Assam-Mizoram border dispute with recommendation within 30 days for a injuries to 143 persons, Assam- decision at the level of the Chief Meghalaya border dispute with Ministers. 12 injuries to 18 persons and Assam- Arunachal Pradesh border dispute With the aim to bring down the temper with injuries to 16 persons. The border following the clashes on 26 July 2021, dispute between Assam and Mizoram Assam and Mizoram signed an mainly intensified in 2018 and the agreement on 5 August 2021 to injuries to 143 persons indicate the intensity of the clashes. withdraw forces from all disputed border areas and work towards lasting peace.13 iii. Renewed peace initiatives or one upmanship? nagaland-agree-to-withdraw-forces-from- two-disputed-locations-in-dessoi-valley Following the violent clashes between 11. Assam, Meghalaya form regional panels for Assam and Mizoram Police on 26 July border settlement, The Hindu, 6 August 2021, 2021, the Assam and Nagaland https://www.thehindu.com/news/national/oth governments on 31 July 2021 agreed to er-states/assam-meghalaya-form-regional- withdraw their armed police forces panels-for-border- from the disputed areas in the Dessoi settlement/article35761405.ece 12. Assam, Meghalaya form regional panels for Valley reserve forest area within 24 border settlement, The Hindu, 6 August 2021, 10 hours. This was followed by the https://www.thehindu.com/news/national/oth er-states/assam-meghalaya-form-regional- panels-for-border- 10. Assam, Nagaland agree to withdraw forces settlement/article35761405.ece from two disputed locations in Dessoi Valley, 13. Assam, Mizoram to withdraw forces; travel Scroll.in, 31 July 2021, advisory dropped, The Hindustan Times, 6 https://scroll.in/latest/1001655/assam- August 2021, 3 BORDER DISPUTES IN THE NORTHEAST: THE RAGING WAR WITHIN On 15 July 2021, Arunachal Pradesh by the Ministry of Home Affairs16 Chief Minister Pema Khandu stated cannot manufacture the political will Assam and Arunachal Pradesh have over claims on territories based on borders drawn by the colonial British agreed to find an out-of-court solution as early as 1835 i.e. about 186 years 14 to their inter-state boundary dispute. ago. It remains to be seen whether Assam’s As the attempts to finding solutions to initiatives are part of the attempts to the border disputes continue, find genuine solution with its considering the toll on the citizens of neighbours or one-upmanship to the country living in these disputed counter allegations of expansionism by areas and peace hanging by a thread, leaders from Mizoram.15 there is an urgent need to take a number of measures to prevent iv.
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