Indigenous Peoples Human Rights Challenges NORTH EAST 2015 SHED NO MORE BLOOD: North East India Indigenous Peoples Human Rights Challenges

Copyright ©Asia Indigenous Peoples Pact August 2015

All rights reserved.

Contributing writers: Charlotte Hinterberger, Dolly Kikon, Bernice See, Gina Shangkham, Jade Tessier and Ningreichon Tungshang

Editor: Luz Barca Maranan

Publisher: Asia Indigenous Peoples Pact (AIPP) Foundation 108 Moo 5 Tambon Sanpranate, Amphur Sansai Chiang Mai 50210 Thailand Tel: 66533380168 Fax: 66533380752 Web: www.aippnet.org www.iphrdefenders.net www.ccmin.aippnet.org www.iva.aippnet.org

ISBN: to be supplied by the printing press

Printer: AIPP Printing Press 32, Moo 2, Tambon Sanpranate Amphur Sansai, Chiang Mai 50210 Thailand Email: [email protected] Website: www.aippprinting.com

This document has been produced with financial assistance from the European Union’s European Instrument for Democracy and Human Rights (EIDHR).Disclaimer: The opinions expressed in this report do not necessarily represent those of the European Union [EU] or any of its affiliated institutions. The sharing of this report with external audience is aimed at sharing general information and recommendations and does not constitute an endorsement by the EU or its institutions. The text and data in this report may be reproduced for non-commercial purposes with attribution to the copyright holder. The content of this publication is the sole responsibility of the Asia Indigenous Peoples Pact. Contents Acknowledgments...... 01 Introduction...... 02 2. NATIONAL AND LEGAL POLICY FRAMEWORK RELATING TO INDIGENOUS PEOPLES IN : THEORY AND REALITY 2.1 Status of indigenous peoples in the Constitution of India...... 04 2.1.1 Special Provisions in the Constitution...... 05 2.1.2 The Sixth Schedule...... 06 2.2 Indigenous peoples and State laws...... 08 2.3 Indigenous peoples and Local Governance...... 09 2.4 Important New Laws of Major Significance to the Lives of Indigenous Peoples...... 10 2.4.1 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006...... 10 2.4.2 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013...... 13 2.5 International Instruments and India...... 15 3. MAIN HUMAN RIGHTS ISSUES FACED BY INDIGENOUS PEOPLES 3.1 Militarization...... 17 3.2 National security law...... 20 3.3 Aggressive development policies on indigenous peoples’ territories...... 20 3.3.1 Construction of ...... 22 3.3.2 Oil Exploration...... 23 3.3.3 Mining...... 24 3.3.4 The Special Development Zones project...... 24 3.4 Trafficking...... 25 3.4.1 General facts...... 25 3.4.2 Government action...... 26 3.4.3 Specific cases...... 28 3.5 Inter-ethnic conflicts...... 29 3.3.4 The Nagaland Special Development Zones project...... 23 4. INDIGENOUS WOMEN 4.1 Gender equality...... 30 4.2 Women’s political representation...... 31 4.3 Violence against women (VAW)...... 33 5. CONCLUSION...... 34 6. PEOPLES’ RECOMMENDATIONS...... 35 Notes ...... 36 LIST OF TABLES

Total population of STs and proportion of STs in the Northeastern States to the total Table 1 state and national population Table 2 State-wise Number of Scheduled Tribes in the Northeast Table 3 Legal and Administrative Structures Table 4 Forests in the Northeast Table 5 International Instruments Ratified by India Extent and Proportion of Common Land/Forest Diverted and Private Land Table 6 Acquired except Social groups of Displaced Persons/Project Affected Persons except Arunachal Table 7 Pradesh ACKNOWLEDGEMENT

We would like to first acknowledge the unnamed many rights activists who have stood up ceaselessly against those forces which have tried to further annihilate, marginalize and suppress the rights of Indigenous Peoples, to undermine their inherent relationship with and take away their land, forest and water all through known history. We also acknowledge those affected by rights violation who have allowed us to interview or access their problems by way of documentation and monitoring. The journey in making this report has been the most challenged when it comes to putting together contesting narratives, analysis and views. The journey took more than two years. Despite the difficult journey, we owe it to the people of North East India to publish this in order to provide a glimpse of their situation from their own perspectives. Many contributors have made this publication possible including Charlotte Hinterberger who gave structure of the document, to Dolly Kikon, Ningreichon Tungshang, and Gina Shangkham for fleshing out the content, for Neingulo Krome for his insight and recommendations, and for Jade Tessier for her diligent and painstaking research efforts, her patience in following-up commitments, and her unselfish dedication to see this come to print. We would like to express our gratitude to the Regional Center for Social Science and Sustainable Development (RCSD) of Chiang Mai University for their support to AIPP by allowing Ms. Tessier to work on this publication. We also thank the indigenous peoples human rights defenders who freely gave their comments. This publication is only part of the past and on-going efforts to publicise the complex situation in North East India. The journey this publication has gone through is a reflection of that complexity and may the indigenous peoples human rights defenders from North East India continue to provide their perspectives on their situation.

1 1. INTRODUCTION

With over 80 million people, India has the largest indigenous population in the world. About 15 per cent of the country’s land area is inhabited by indigenous communities, consisting of 702 tribes1 that are spread across 31 states and union territories, mainly in the central belt and northeast of India, most of whom identify themselves as indigenous peoples. Therefore, the term tribal and indigenous are used synonymously.

Table 1: Total population of STs and proportion of STs in the Northeastern states to the total state and national population

% of STs in the % of STs in the Name of the S. No. Total Population ST Population State to total State to total ST State/UT State population population in India

India 1210569573 104281034 8.61 -- Arunachal 1 1383727 951821 68.78 0.91 Pradesh 2 31205576 3884371 12.44 3.72 3 2570390 902740 35.12 0.86 4 2966889 2555861 86.14 2.45 5 1097206 1036115 94.43 0.99 6 Nagaland 1978502 1710973 86.47 1.64 7 610577 206360 33.79 0.19 8 3673917 1166813 31.75 1.11

Table 2: State-wise Number of Scheduled Source: Census of India, 2011 Tribes in the Northeast The Northeast region covering an area of about 255,00 sq. kms comprises eight federal units or S.No. State/UT No. of Tribes “states” within the Republic of India, namely 1 Arunachal Pradesh 16 Nagaland, Manipur, Mizoram, Tripura, 2 Assam 29 Meghalaya, Arunachal Pradesh, Assam, and Sikkim where 12.41% of STs inhabit. Mizoram, 3 Manipur 34 Nagaland, Meghalaya and Arunachal Pradesh 4 Meghalaya 17 are among the top five States/Union Territories 5 Mizoram 15 with the highest ST population. This region also has the largest concentration of indigenous 6 Nagaland 05 peoples. 7 Sikkim 04 8 Tripura 19

Source: http://tribal.nic.in/Content/ scheduledtribes.aspx

2 There are 200 indigenous tribes in this region. led to the development of vibrant indigenous The Mizo, Boro, Khasi, Jantia, Naga, Garo, alliances and voices. The government of India Tripiri, Mikir, Apatani, Kuki, and Karbi belong and some Indian “intellectuals” deny the to the Mongoloid stock and speak languages applicability of the term “indigenous peoples” of the Tibeto-Burman language groups and and maintain that all peoples in India are the Mon Khmer. The Adi, Aka, Apatani, Dafla, indigenous despite being one of the countries Gallong, Khamti, Monpa, Nocte, Sherdukpen, that voted in favour of the adoption of the Singpho, Tangsa, Wancho of Arunachal United Nations Declaration on the Rights of the Pradesh and the Garo of Meghalaya are of Indigenous Peoples (UNDRIP) in 2007. From Tibeto-Burman stock while the Khasi of local resistances to dams, extractive industries, Meghalaya belong to the proto-Australoid and state initiatives to take over community racial stock speaking dialects of the Dravidian lands, to the creation of alliances across family.2 regions, national, and international indigenous forums, the indigenous peoples’ movement These tribal groups have mobilized themselves has garnered the support and attention of the as indigenous peoples around issues of forest national and international rights forums. In the rights, community land, and the recognition first Universal Periodic Review (UPR) National of customary laws and rights. In the Report, the government of India recognized Northeast, indigenous peoples are known for the need to empower the Scheduled Tribes their communitarian life, sharing a common and committees to tackle discrimination that natural resource base and economic structure. is perpetrated against them. Economic and social differentiation is not wide and is insignificant because they traditionally During the first UPR Review, the government led an egalitarian life.3 Though there have been of India was encouraged to compile shifts and changes within the social structure, disaggregated data on caste and related they have also managed to retain and maintain discrimination.3 Specifically, the indigenous their distinctive characteristics, customs, peoples’ movement in Northeast India is traditions, languages and are also reviving founded on the right to self-determination their lost traditions. as indigenous principles of collective rights to land, natural resources, and notions of The indigenous movement in Northeast India sovereignty. Their rights have to be considered is marked by a long history of armed conflict, within a larger framework of international violence, and militarization. These conflicts rights and recognition instruments. can be traced to the period of decolonization when indigenous groups called for the right to self-determination. Today, the indigenous resistance in the region is one that is entangled in a web of issues that ranges from sovereignty, autonomy to control over natural resources. The term “indigenous people” is a contested term in India. Officially, the government of India does not recognize the term, yet several decades of strong tribal movements in the region focused on identifying their causes with the global indigenous struggles and resistance

3 2. NATIONAL AND LEGAL POLICY FRAMEWORK RELATING TO INDIGENOUS PEOPLES IN NORTHEAST INDIA: THEORY AND REALITY

2.1 Indigenous peoples’ status in the Several tribal groups in Northeast India Constitution of India identify themselves as indigenous peoples, and have held on to their indigenous customary The Scheduled Tribes (STs) in India are clearly practices while appealing to the provisions of distinguished from the caste groups or other the Constitution of India to demand for justice minority groups and are accorded special and safeguards to their rights and resources. status in the Indian Constitution. The STs as For instance, indigenous peoples in Northeast mentioned in Article 366 (25)5 of the Indian India who routinely face racial, social, constitution have de facto come to be treated as economic and cultural discrimination have ‘indigenous peoples’6 in India for every legal, invoked the Fundamental Rights enshrined in constitutional and administrative purpose. the Constitution which are as follows: right to They are the tribes or tribal communities or equality (articles 14-18), right to freedom of part of or groups within these tribes and tribal speech and expression (articles 19-22), right communities that have been declared as such against exploitation (articles 23 & 24), right to under Article 342 of the Constitution of India freedom of religion (articles 25 to 28), cultural by the President through a public notification.7 and educational rights (articles 29 & 30), and right to constitutional remedies (articles 32- They have distinct characteristics, which are 35). Article 21 of the Constitution lays down well accepted and widely used in academic the Protection of Life and Personal Liberty, discourses, and for administrative purpose stating, “No person shall be deprived of his and policymaking. These characteristics are: life and personal liberty except according to a primitive traits, geographical isolation, distinct procedure established by law.” This provision culture, shy of contact with community at large has been suspended under the Armed Forces and economically backward. Special Powers Act (AFSPA) of 1958 for more These characteristics find roots in the 1931 than half a century in the states of Manipur, Census and in the Report of the first Backward Assam and Nagaland as well as parts of Classes Commission (Kalelkar Commission) Tripura and Arunachal Pradesh. Under such 1955, the Advisory Committee on Revision circumstances, the situation of the indigenous of the Scheduled Castes and Scheduled peoples in Northeast India is a special case Tribes lists (Lokur Committee) 1965 and because it demonstrates how they have the Joint Committee of Parliament on the mobilized themselves at various levels to assert Scheduled Castes & Scheduled Tribes Orders and protect their community rights over their (Amendment) Bill, 1967 and the Chanda lands, territories and resources, and how they Committee 1969.8 The Scheduled Areas and resist the state’s infringement on customary Scheduled Tribes Commission (1960), which is institutions, land, and natural resources. also known as the Dhebar committee, in their 9 The various legal and administrative structures report referred to the tribes as ‘indigenous‘. in place in the states of the Northeast region For the purpose of this report, the national are given in the table below: legal and policy frameworks in India laid down for STs are considered as those relating to indigenous peoples.

4 Table 3: Legal and Administrative Structures

State Legal and administrative structures Arunachal Pradesh Article 371H, No Autonomous Councils, Panchayati Raj Institutions Assam Article 371B, VI Schedule, Three Autonomous Councils Article 371C, Manipur Hill Village Authority Act and Manipur Hill Areas Dis- Manipur trict Council Mizoram Article 371G, VI Schedule, Three Autonomous Councils Meghalaya VI Schedule, Three Autonomous Councils Mizoram Article 371G, VI Schedule, Three Autonomous Councils Article 371A and Article 371AA, No Autonomous Councils but Village Coun- Nagaland cils in each major village Tripura Sixth Schedule, VI Schedule, One Autonomous Council for all tribes

2.1.1 Special Provisions in the Constitution customary law, and (iv) ownership and transfer of land and its resources, shall apply to the State The Northeastern states have special of Nagaland unless approved by the Legislative constitutional provisions in Articles 371- Assembly of Nagaland by a resolution. In A for Nagaland, 371-B for Assam, 371-C addition, the administration of Tuensang for Manipur, 371-F for Sikkim, 371-G for District received special attention and direct Mizoram, and 371-H for Arunachal Pradesh, control by the Governor in the Constitution as well as the Sixth Schedule under Articles [Articles 371A(1)(d) and 371A(2)(a) to (g), 244(2) and 275(1). The features provided both inclusive] with a provision on setting therein differ from how the rest of the country up of a Regional Council for Tuensang [sub- is treated in law. These are intended to provide clause (d) of clause (1) of Art. 371A]. additional security to the peoples. Among them, Nagaland and Mizoram under Articles Similarly, Mizoram, under Article 371-G states 371-A and 371-G respectively, provide that that no central law that concerns “ownership or central laws relating to certain subjects – in transfer of land,” or that affects the “customary particular, land and resources related to land, practices of the Mizos,” will apply to Mizoram as well as customary practices of communities unless explicitly extended to the state by the in these states – will not apply in these states Legislative Assembly. Article 371-F which unless specifically extended to them by the incorporates Sikkim as a state of India has concerned State Assembly. some special provisions including vesting of discretionary powers on the Governor (subject Nagaland, along with Mizoram, enjoys special to any orders of the President) to facilitate Constitutional protection unlike all other “peace and for an equitable arrangement for Northeastern states. Under Article 371-A, ensuring the social and economic advancement no Act of the Indian Parliament with respect of different sections of the population.” Article to (i) the Nagas’ religious or social practices, 371C of the Constitution applicable to Manipur (ii) Naga customary law and procedure, provides for the President of India to declare (iii) administration of civil and criminal an area to be Hill Area, and for a Hill Areas justice involving decisions according to Naga Committee to be constituted in the Legislative

5 Assembly consisting of all the legislators from There are no Scheduled Areas in Arunachal the Hill Areas (predominantly inhabited by Pradesh, Manipur, Nagaland, and Sikkim. indigenous peoples) with specific functions. This committee is to consider matters relating The Sixth Schedule areas cover six of the to a wide variety of issues. 21 districts in Assam and each of the three Autonomous District Councils (ADCs) has Article 371-B for Assam provides for the slightly different powers. The Sixth Schedule constitution and functions of a committee covers the whole of Meghalaya with the that includes elected members from the exception of the municipality and cantonment Sixth Scheduled Areas to the Legislative of . In effect the state government Assembly by the President of India. In the shares powers over most of its territory with its case of Arunachal Pradesh (Article 371- three ADCs. This also creates a complication H), the Governor of the State is specially due to the fact that paragraph 12A of the Sixth entrusted with the responsibility of law and Schedule empowers the legislature of the state order. Arunachal Pradesh and Tripura have no to overrule that of the ADCs on any matter special Constitutional protections unlike that listed in paragraph 3(1) of the Schedule. The of the other Northeastern states. three Sixth Scheduled Areas are relatively small in size covering about 12% of the state’s The Sixth Schedule provides partial autonomy total population. In Tripura about 68% of to certain regions in the states of Assam, the area of the state fall within the Tripura Meghalaya, Tripura and Mizoram with Tribal Area spread over five hill ranges in legislative powers over a variety of subjects four districts. The powers of the Council are that can override those of the concerned state restricted to three subjects, i.e., land, water, government within which these areas fall. and non-reserved forests, tribal customs, and limited powers for administration of justice. 2.1.2 The Sixth Schedule The Sixth Schedule further provides that no Article 244 provides for the administration Act of the state legislature shall apply to any of Scheduled Areas and Tribal Areas. The autonomous district unless approved by the Fifth Schedule to the Constitution applies to ADC. The Governor of these states can decide to the administration of Scheduled Areas which either apply or not apply any Act of Parliament at present covers substantial ST inhabited or the Legislature in the autonomous area of areas in the 10 central Indian states, i.e., Assam, Tripura and Mizoram. Along with Chhattisgarh, Jharkhand, Odisha, Andhra this provision, except in Assam, in all other Pradesh, Rajasthan, Himachal Pradesh, Scheduled Areas of the Northeast region, the Gujarat, Maharashtra, Madhya Pradesh and President of India has the right to apply or not Telengana. apply any Act of Parliament or the Legislature The Sixth Schedule applies to the administration on any matter. At the same time the Governor of Tribal Areas in four Northeastern states: has the power to annul or suspend any act or Assam, Meghalaya, Mizoram, and Tripura. The resolution of ADCs deemed likely to endanger Sixth Schedule10 provides for the creation of the safety of India or to be prejudicial to public Autonomous District and Regional Councils order. The Governor can suspend the ADCs and accords certain legislative, executive and and exercise all the powers vested in the ADC. judicial powers to these autonomous bodies. The Governor has the power to monitor, order commission inquiries, and to dissolve ADCs.

6 Autonomous District with year of for- S.No. Autonomous District Councils mation

1. Autono- North Cachar (1951; 1970) for Dimasa, mous Council (DHDAC) Kuki, Hmar, Zemei, and Hrangkhawls

Karbi Anglong (1951; 1976) for Karbis, Di- 2. Karbi Anglong Autonomous Assam masa, Rengma, Kuki, Garos, Tiwas, Khasis, Council (KAAC) Hmars, Mizos, and Chakmas

3. Bodoland Territorial Council Bodoland (2003) for Bodos, Koch Rajbong- (BTC) shis and smaller tribes

1. Khasi Hills Autonomous District Khasi Hills (1972) for Khasi, and smaller Council (KHADC) tribal groups

2. Garo Hills Autonomous District Garo Hills (1972; 1979) for Garos, smaller Meghalaya Council (GHADC) tribal groups

3. Jaintia Hills Autonomous District Jaintia Hills (1972) for Pnar and Jaintia, and Council (JHADC) Khasi

1. Chakma Autonomous District Chakma Autonomous District (1987) for Council (CADC) Chakma

2. Mara Autonomous District Mizoram Mara (1987) for Mara Council (MADC)

3. Lai Autonomous District Council Lai (1987) for Lai (LADC)

Tripura Tribal Area (1982) for Bhil, , Tripura Tribal Areas Autonomous Chainel, Chakma, Garo, Holan, Kuki, Lep- Tripura District Council (TTAADC) cha, Lushai, Mog, Munda, Moatia, Orang, Riang, Santal, Tripura and Uchai

These ADCs have legislative powers on matters • management of any forest that is not a relating to: Reserved Forest • allotment, occupation, or the setting apart • use of any canal or water course for of land, other than reserved forests, for purpose of agriculture the purpose of agricultural or grazing or • regulation of the practice of jhum or any for residential or other non-agricultural other form of shifting cultivation purposes or for any other purpose likely to • establishment of village or town promote the interests of the inhabitants of committees or Councils and their powers any village or town (Provided that nothing • any other matter relating to village or town in such laws shall prevent the compulsory administration, including village and town acquisition of any land, whether occupied police, public health and sanitation or unoccupied for public purpose) • appointment of succession of chiefs or

7 headmen been handed over to the Governor which • inheritance of property can impede the autonomous functioning • marriage and divorce of the ADCs. All legislation passed by the • social custom ADCs requires the assent of the Governor to become law. The Governor also has the The ADCs have legislative powers over such power to dissolve the ADC and there is a matters as primary education, dispensaries, significant degree of variation in the functions markets, cattle pounds, ferries, fisheries, roads, devolved to various Autonomous Councils as road transport and waterways, regulating for instance, the Bodoland Territorial Council money lending and trading by non-residents or has more power and departments compared to non-tribal peoples living in the area, collecting other Autonomous Councils of the Northeast. taxes and tolls, issuing licenses and leases for Another major issue is that Sixth Schedule is the prospecting and extraction of minerals, silent on the issue of women’s representation etc. The ADCs also have judicial powers for and gender justice. Only the Bodoland trial of offences committed by STs within their Territorial Council and ADCs of Mizoram area of jurisdiction. have a system of reservation of seats for While there are a number of positive features women, although the proportion of reserved in the Sixth Schedule provisions, there are seats is very small. Similarly smaller tribal structural problems that have impeded their groups do not have any role in the ADCs.11 effectiveness. These are as follows: “State Governments have deliberately impeded 2.2 Indigenous peoples and State laws the functioning of the Councils, particularly through blocking the flow of funds to them; Assam and Manipur, responding to various the powers given to the Councils to make autonomy demands from indigenous legislation and implement development peoples in their states, constituted Statutory programmes have not been matched with the Autonomous Councils - Autonomous District financial autonomy to follow this through; Councils in Assam and Hill District Councils and there is a large gap between the approved in Manipur. These are established by Acts budget and the flow of funds from the State enacted by the respective State Legislative Government to the Council. ADCs often do Assembly. Six such Autonomous Councils not receive sufficient attention from the State have been created in Assam in addition to the Government as in Mizoram. In Meghalaya, three ADCs. Though patterned after the ADCs the autonomy of the ADC has been curtailed of the Sixth Schedule, there is much ambiguity through the insertion of paragraph 12 A and conflict due to overlap of powers and into the Constitution which states that all functions with the panchayat structure which legislations passed by the State Government is also operational in these areas unlike Sixth take precedence over those passed by the Schedule Areas where the panchayat (local Councils. Many of the functions of the ADCs governance, see below) structure is not are being taken over by the State Governments applicable nor extended. Manipur has no Sixth – in Mizoram as well as the Garo Hills, Schedule Areas but the hill areas are divided executive and judicial functions have been into six Autonomous Councils under a State taken over by the Deputy Commissioner law, the Manipur (Hill Areas) District Council and District Magistrate, thus rendering the Act, 1971, which was subsequently replaced by ADC redundant. Considerable powers have the Manipur Hill Areas Autonomous District Councils Act, 2000. These Autonomous

8 States Autonomous Councils under State Law

1. Rabha Hasong Autonomous Council 2. Lalung () Autonomous Council 3. Mising Autonomous Council Assam 4. Thengal Kachari Hill Autonomous Council 5. Sonowal Kachari Autonomous Council 6.

1. Chandel Autonomous District Council 2. Churachandpur Autonomous District Council 3. Sadar Hills Autonomous District Council, Kangpokpi Manipur 4. Manipur North Autonomous District Council, Senapati 5. Tamenglong Autonomous District Council 6. Ukhrul Autonomous District Council

Councils have certain limited powers over regions within those states, have adopted the agriculture, horticulture, primary and adult panchayati raj system. As a result, in all of the education and tribal welfare. However, these Sixth Schedule Areas, as well as in Mizoram, Autonomous Councils have not been effective Nagaland, Meghalaya, and the hill areas of following intense protests around demands for Manipur, no ‘panchayats’ or ‘gram sabhas’ greater autonomy. (village assemblies’) are constituted. In these instances, the traditional and customary 2.3 Indigenous Peoples and Local Governance institutions of the indigenous peoples continue to govern, often weakened and in conflict Article 40 of the Indian Constitution explicitly with the structures of the state government, maintains that “the State shall take steps to ADCs in the case of Sixth Schedule Areas, and organise village panchayats and endow them Autonomous Councils where they exist. In with such powers and authority as may be those areas where the panchayati raj system is necessary to enable them to function as units operational, they are undermined by the state of self-government.” Thus local governance is governments and the government departments through the panchayat (village council). The and conflict with the traditional institutions 73rd and 74th Amendments to the Constitution where these are functional. in 1993 provided for decentralized governance but these did not apply to the Fifth and Sixth In Arunachal Pradesh though the state passed Schedule Areas, the states of Nagaland, a Panchayati Raj Act in 1997, these bodies have Meghalaya and Mizoram, hill areas of the state not been empowered with many functions, of Manipur where District Councils exist, and and governance at the local level continues the district of Darjeeling in the state of West to be with traditional and customary bodies Bengal. The Parliament was to enact separate (village councils). The administration of justice legislations for Fifth and Sixth Schedule Areas remains with traditional and customary bodies while the legislatures of the states of Nagaland, and disputes are settled by customary law Meghalaya and Mizoram could extend this under the Assam Frontier (Administration of provision. Justice) Regulations, 1945. In Manipur, while the largely non-tribal valley areas are governed Not all of the Northeastern states, and not all by the panchayati raj system under the 1994

9 Manipur Panchayati Raj Act, the hill areas are up in the past. under the village authorities of the Manipur The Sikkim Panchayati Raj Act 1993 applies to (Village Authorities in Hill Areas) Act, 1956, a the whole of the state. There are special areas result of continuing conflicts over autonomy. In where the traditional institutions are functional some areas, traditional institutions and village such as the Dzumsa for the Lachen Dzumsa authorities function in parallel, while in others (inhabited by the Lachenpas tribe) and Ladwng they have merged. With the Sixth Schedule Uzumsa (inhabited by the Lachungpa tribe) operational in most of Meghalaya, there are no in the Lachung Revenue Blocks of the North panchayats and the 73rd Amendment does not District. The Dzongu area in the North District apply. The traditional and customary systems is reserved and inhabited by the indigenous with variations are functional such as Syiem, Lepcha tribe where other tribes, including Sardar and Lyngdoh in Khasi Hills; Dolloi and Lepcha are not indigenous to the Dzongu, and Sardar in Jaintia Hills; Nokma, and Lashkar in are not allowed to settle in the area. Visits by Garo Hills. Though Mizoram does not have outsiders are regulated under a permit system. panchayats, elected village councils have been In Tripura, the Tripura Panchayat Act of 1993 constituted in most parts of the state to replace and the Tripura Municipal Act, 1994, govern earlier traditions of hereditary chieftainship. 32% of its geographical area that is not covered No panchayats or gram sabhas are constituted by the Sixth Schedule. However, the traditional in Nagaland as the panchayat structure is systems of local chieftains continue to exist. not applicable. Under the provisions of the Nagaland Village and Area Councils Act 1978, 2.4 Important New Laws of Major villagers choose the village council members Significance to the Lives of Indigenous according to their customary practices. The Peoples 16 tribes in Nagaland occupy a distinct area with varying traditional systems ranging from 2.4.1 The Scheduled Tribes and Other enormous powers vested on the chief (Konyaks Traditional Forest Dwellers (Recognition of and Semas) to that of more democratic Forest Rights) Act 200612 systems (Angamis, Chakesangs, Rengmas, This act seeks to recognize the rights to land and and Maos). Nagaland Tribe, Area, Range and other resources of forest-dwelling and forest- Village Council Act of 1966 provides for the dependent communities denied them by forest creation of a tribal council for each tribe, an laws thus far. The use of land includes livelihood area council for and Dimapur, a range activities such as the collection of minor forest council where there is a recognized range in produce, the use of water, of grazing grounds, the Mokokchung and Kohima Districts and and of habitat for shifting cultivation. Already, village councils for one or more villages in marginal communities living in or near forests Kohima and Mokokchung, and wherever have long been made more vulnerable by the they may be deemed necessary by the Deputy state’s lack of acknowledgement of their right Commissioner. This Act vests enormous to their forest-dependent livelihoods. Under powers on the Deputy Commissioner of the the Indian Forest Act, 1927 and the Wild Life respective districts and gives local bodies little (Protection) Act, 1972, local peoples’ right to or no effective role in managing their own forestland and resources had to be affirmed by affairs. However, the village council or the a forest settlement officer. Those not recorded regional council has not played any significant in the “settlement process” were susceptible to role and in fact, few of them have ever been set eviction any time.

10 Under the Forest Rights Act [FRA], right to for the implementation of the FRA, consist forests includes ownership rights, use-rights of three members of the pertinent local body (for minor forest produce, grazing areas, and three government officials from the pastoralist routes), relief and development Departments of Forestry, Revenue, and Tribal rights (entitlement for rehabilitation in case of Welfare, respectively. illegal eviction or forced displacement, and to basic amenities) and forest governance rights Consequent to the enactment of FRA that has (the right to protect forests and wildlife). The become operational with the notification of its process by which these rights are recognized is Rules in 2008, diversion of any forest land for outlined in Section 6 of the FRA. It is the gram non-forestry purpose such as for dams, mines, sabha or, as per Section 2 (g), any traditional infrastructure projects etc. and the recognition village institution, “with full and unrestricted of forest rights of the community are a pre- participation of women” that passes a condition, and the informed consent of the resolution determining which community’s village assembly, a requirement. In the context rights to which resources and to what extent of government plans to construct hundreds of are to be recognized by the government. The dams, large-scale mining and infrastructure Sub-Divisional Level Committee examines projects in the region, these attain immense the claims and the District-Level Committee significance for indigenous peoples’ rights. approves the same and issues title. These There is an increasing trend to use FRA in the higher-level Committees, formed specifically courts to defend indigenous peoples’ rights. Table 4: Forests in the Northeast

(As on 2011 in sq. kms) Unclassed forest Total forest Under community control Arunachal Pradesh 31,466 (46.68%) 67,410 62% Assam 8,968 (32.41%) 27,673 33% Manipur 11,780 (68.93%) 17,090 68% Meghalaya 8,371 (48.56%) 17,275 90% Mizoram 5,240 (27.41%) 19,117 33% Nagaland 8,628 (64.79%) 13,318 91% Sikkim - 3,359 0% Tripura 2,117 (26.54%) 7,977 41% Total 76,570 (44.23%) 173,109

Forest covers 78% of the land area in the Northeast. Unlike other parts of India, 76, 570 sq. kms. (44% of the 173,109 sq. kms. of forests) in the Northeast states are “unclassed forests.” Most of these actually belong to communities and not the government. These are managed under a wide diversity of customary tenure regimes. They form the major livelihood source, particularly through the widespread practice of shifting or jhum cultivation. There are 668 Protected Areas of over 16,000 sq. kms. (20.92% of forests land) comprising 102 National Parks, 515 Wildlife Sanctuaries, 47 Conservation Reserves and four Community Reserves. There are also 39 Tiger Reserves and 28 Elephant Reserves carved out of these forests. Various state laws seek to extend government control over forests including unclassed forests and to dissuade the practice of jhum.

11 With the complexity of the legal regime, to the Ministry of Tribal Affairs’ requests for there is much confusion and speculation on information on why the FRA has not been the applicability of FRA to the Northeastern implemented in the state, except to declare states. FRA applies to all forest lands in the that “tribal communities and tribal chiefs are whole of India except in the states of Jammu already holding ownership of forest land as and Kashmir. Forest land is defined as “land of their ancestral land in non-Reserved Forest any description falling within any forest area Area. Therefore, implementation of the Forest and includes unclassified forests, demarcated Rights Act is perceived minimal [sic] in forests, existing or deemed forests, protected Manipur.”15 This, in spite of the fact that 8.42% forests, reserved forests, Sanctuaries and of the state’s forest area is reserved forest and National Parks” and as per Supreme Court it 23.95% is protected forest with another 900 sq. also means all lands that are “recorded in any kms. of jhum land in the hill areas. Tipaimukh government record as forest.” However, in the on the Barak River in the western part of case of Nagaland and Mizoram where under the state involved the diversion of over 27,000 Articles 371A and 371G respectively, central hectares of forest land, most of it community- laws become applicable to these states only controlled land in the hills. This is by far, the if and when the State Assemblies resolve to largest diversion of forest for a single project apply the same to the concerned state. On 29 since 1980 in the country. In , October 2009, the Mizoram State Assembly the Mapithel Dam is being challenged in the passed a resolution extending the Act to the National Green Tribunal for the violation of state to enforce this from 31 December 2009 FRA by the indigenous peoples. to 3 March 2010. The Nagaland government constituted a committee to examine the Of the 9,446 sq. kms. of forestland in applicability of FRA to the state as required Meghalaya, 11.72% is reserved forest and the under the Constitutional provision. Further, remaining 88.15%, unclassed state forest. The under the Sixth Schedule, the powers of the government has avoided the implementation of ADCs do not extend to the reserve forest, i.e. FRA with the argument that 96% of forestland the government- controlled forest, therefore is owned by clan/community/individuals. making it applicable to the reserve forests Implementation of the Act has, therefore, 16 falling within the Sixth Schedule Areas. limited scope. In the Northeast, mining is carried out with emerging conflict with local Arunachal Pradesh government has communities. As of 2011, 8,266 sq. kms. of consistently stated that there is no need for land in Mizoram were reserved forests, and implementation of this law arguing that 990 sq. kms. under various protected areas. “Barring few pockets of land under wildlife There are also reports of forced eviction from sanctuaries, reserved forests, most of the Dampa tiger reserve without recognition and land in entire State is community land.”13 settlement of forest rights. Despite the approval Assam has a large network of reserved of the FRA by the State Legislative Assembly forests and protected areas. As of December as per Article 371 (G) of the Constitution, no 2014, 131,911 claims (126,718 individual rights have been recognized by the state. and 5,193 community) had been received, but only 27.5% (35,407 individual and 860 According to the 2011 Forest Survey of community) have been approved. Of them India, 13,318 sq. kms. or 80.33% of the state 34,286 claimants have received 77,609.17 ha.14 of Nagaland are forests and these are the The Manipur government has not responded main source of livelihood of over 80% of the

12 peoples of Nagaland. Of these forests, 65% claims have been distributed. An extent of are “unclassed forests.” Most of the forests are 416,555.58 (416,498.79 for individual and either communally or privately owned, and in 56.79 for community) acres for 116,100 titles a few cases they are under the overall control have been distributed. Tripura, according to of the Village Councils. Nagaland, unlike the Ministry of Tribal Affairs, is ranked first in Mizoram, which resolved to apply the FRA to terms of FRA implementation in the country.19 the state through the Nagaland Assembly, is yet However, it must be pointed out that there is to decide on this. According to the Ministry of meager recognition of community rights. Tribal Affairs, “The government of Nagaland has informed that the land holding system In sum, FRA implementation has largely been and the village system of the is neglected in the Northeastern region though peculiar in that the people are the landowners. two states, Assam and Tripura have shown There are no tribes or group of people or forest some progress. dwellers in the State of Nagaland. Hence, the 2.4.2 The Right to Fair Compensation Scheduled Tribes and Other Traditional Forest and Transparency in Land Acquisition, Dwellers (Recognition of Forest Rights) Act, Rehabilitation and Resettlement Act 2013 2006 per se may not be applicable to the State of Nagaland. However, a committee has been The Right to Fair Compensation and constituted to examine the applicability of the Transparency in Land Acquisition and Act in Nagaland as per provision of Art.371 Rehabilitation & Resettlement Act 2013 (A) of Constitution of India.”17 (RFCTLARR Act) was enforced replacing the pre-Independence ‘Land Acquisition Act 1894’ As per the State of Forest Report 2011, Sikkim’s enacted by the British India Government. The total land area is 7,096 sq. kms. Out of this, new act attempts to be more people-friendly 3,359 sq. kms. or 47.34% is forestland. A total and introduces a paradigm shift of acquiring area of 2,179.1 sq. kms. or 30.7% is protected land for developmental purpose/public area with one National Park and seven Wildlife purpose through consent.20 It also requires Sanctuaries. The Sikkim government has not a Social Impact Assessment [SIA] survey, implemented the Act and has exported a legally preliminary notification stating the intent for untenable argument that there are no Forest acquisition, a declaration of acquisition, and a Dwelling STs and Other Traditional Forest higher compensation to be given by a certain Dwellers in the true sense of the terms in the time. All acquisitions require rehabilitation state. Most of the STs of Sikkim hold revenue and resettlement to be provided to the peoples land in their own name and they are not solely affected by the acquisition.21 However, the law dependent on the forests for their livelihood.18 contains many exemptions. About 60% of Tripura’s land area is forest of which 82% of this are in the Sixth Scheduled In Mizoram, the state government set up a Area. Over 96% of the “unclassed forests” fall committee in January 2015 to probe whether within the Sixth Scheduled Area also. There are the new law is applicable to the state to two national parks and four wildlife sanctuaries implement given the autonomy granted to it by that take up 603.64 sq. kms. or 5.75% of the the Indian Constitution. The state government state’s total area. As of 31 December 2014, argues that the law shall not apply to the state of the 182,617 (182,340 individuals and 277 of Mizoram unless ‘’the Legislative Assembly community) claims received, titles for 120,473 of the State of Mizoram by a resolution so (120,418 individual and 55 community)

13 decides’’. The Committee decided that a projects in India’s East Policy, the constitutional expert should be consulted memorandum stated, “affected people must before the government starts considering the be active parties to the development activities matter.22 that are designed to benefit everyone.”26 A recent project for the improvement of about Corporations and companies have criticized 236 kms. of state highways involving a funding the Act as a threat to economic development requirement of about US$ 157.2 million in and as it negatively affects industrialization the states of Assam, Manipur, Mizoram, and and urbanization. The mandatory SIA is Tripura was approved by the Cabinet 23 seen as a disappointment, making projects Committee on Economic Affairs on unviable or expensive for large infrastructure 19 May 2011, as a centrally sponsored 24 or real estate projects. In the first judgment scheme of the Ministry of Development applying the provisions of the RFCTLARR of Northeastern Region.27 The High Act 2013, the Supreme Court struck down the Court of Manipur issued notice to the Asian acquisition of land for a canal in Chennai for Development Bank (ADB), the funder of the reason that the physical possession of land the construction project, seeking an impact has not yet been taken over by the government assessment of land and properties affected despite more than five years of being awarded and potentially affected by the Thoubal- 25 the same. Kasom Khullen road. This resulted from six tribal village chiefs’ testimony that no Despite the Act being seemingly pro-people, information about compensation was given some view it as problematic and it is anticipated and the project failed to follow the standing that land acquisition will be made easier and guidelines prescribed by the Ministry of will increase with the number of development Development of Northeastern Region that and infrastructure projects that are in the require the implementing agencies to complete pipeline. Thus, forcible land acquisitions or the resettlement and rehabilitation process before conflicts related to these are not likely to end. the work could start. The petitioners also invoked the adherence to the compensation In Manipur, civil society organisations [CSO] process as laid down in RFCTLARR Act 2013 expressed concern over the draft implementing and National Resettlement and Rehabilitation rules on SIA and consent, called the Right to Policy (Ministry of Rural Development) 2007.28 Fair Compensation and Transparency in Land The project was categorized B in accordance Acquisition, Rehabilitation and Resettlement with the ADB’s Safeguard Policy Statement (Social Impact Assessment and Consent) (2009) since it considered the project to likely (Manipur) Rules 2014. The CSOs noted that have limited impacts on indigenous peoples.29 the rules are not at all rooted in local realities, traditions and experiences in Manipur where In another case, the Manipur government’s plan there are different decision-making processes to establish a Smart City at Holenphai village of peoples in the hills and the valley. They in , near the international further pointed out the lack of clarity of border town of Moreh was opposed by the concepts and entities (including authorities) Thadou Students’ Association (TSA) and named in the draft that can result to multiple many Kuki civil society organizations because interpretations. the government is attempting to acquire 3,000 acres of tribal land without the consent and With numerous planned and upcoming

14 knowledge of the villagers. The CSOs claim land, the critically important components in that the government has sidelined RFCTLARR the law. Act, 2013 that clearly states that “unless 70% of the total local population gives their consent, 2.5 International Instruments and India the government cannot acquire even an inch The government of India was one of the states of the indigenous land.”30 that adopted the UNDRIP by the General Bowing to corporate interests, the RFCTLARR Assembly in September 2007. It did not (Amendment) Ordinance 2014 was ratify the 169 ILO Convention on indigenous promulgated by the government in December peoples. It is however a State Party to several 2014, primarily doing away with the mandatory international human rights treaties: SIA and consent of the majority who own the

Table 5: International Instruments Ratified by India

TREATY DATE OF ACCESSION / RATIFICATION International Convention on the Elimina- India signed the ICERD on 2 March 1967 and ratified the tion of All Forms of Racial Discrimina- Convention on 3 December 1968 with certain reservations tion (ICERD), 1965 International Covenant on Civil and India acceded to the Convention on 10 April 1979 Political Rights (ICCPR), 1966 International Covenant on Economic, So- India acceded to the Convention on 10 April 1979 cial and Cultural Rights (ICESCR), 1966 Convention on the Elimination of All India signed the Convention on 30 July 1980 and ratified it on Forms of Discrimination against Women 9 July 1993 with certain reservations (CEDAW), 1979 Convention on the Rights of the Child India acceded to the Convention on 11 December 1992 (CRC), 1989 Convention on the Rights of Persons India ratified the Convention on 1 October 2007 with Disabilities (CRPD), 2006 Optional Protocol to the Convention on the Rights of the Child (CRC) on India signed the Optional Protocol on 15 2004 the Involvement of Children in Armed and ratified it on 30 November 2005 Conflict, 2000 Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale India signed the Optional Protocol on 15 November 2004 of Children, Child Prostitution and Child and ratified the Optional Protocol on 16 August 2005 Pornography, 2000 India signed the Convention against Torture on 14 October Convention Against Torture 1997. No ratification India signed the Convention on Enforced Disappearance on Convention on Enforced Disappearance 6 February 2007. No ratification CORE ILO CONVENTIONS RATI- DATE OF ACCESSION / RATIFICATION FIED BY INDIA

15 Forced Labour Convention, 1930 (No. India ratified Convention No. 29 on 30 November 1954 29) Equal Remuneration Convention, 1951 India ratified Convention No. 100 on 25 September 1958 (No. 100) Abolition of Forced Labour Convention, India ratified Convention No. 105 on 18 May 2000 1957 (No. 105) Discrimination (Employment and Occu- India ratified Convention No. 111 on 03 June 1960 pation) Convention, 1958 (No. 111)

Unless international treaties are legally binding to incorporate specific elements within the in the states, they function as guidelines. In national legal framework. For example, the India, the national legal frameworks operate Supreme Court of India emphasized the state’s as national law and there are distinctions obligations to recognize the rights of the child between what is defined as human rights and provide compulsory education and regard within international rights conventions and the the international standard laid down for Indian model of human rights. For instance, human rights in the 2013 Goonesekere case. the social economic rights that are laid out in Judicial activism in India plays an important the International Convention on Economic part in pushing for amendments, legislative and Social Cultural Rights (ICESCR), reforms, and also for adopting international Committee on the Discrimination Against human rights standards. In that context, Women (CEDAW), and the Convention on the indigenous organizations in Northeast India Rights of the Child (CRC) do not fall within have demanded the government of India to the definition of “justiciable” human rights.31 recognize the international conventions that The Indian constitution does not recognize outline the rights of indigenous peoples. social economic rights as basic human rights issues and are therefore not enforceable as 3. MAIN HUMAN RIGHTS ISSUES FACED a legal right. They appear in part IV of the BY INDIGENOUS PEOPLES Constitution under the “Directive Principles for State Policy,” which are guidelines and are 3.1. Militarization not legally binding for the state to enforce Northeast India has a long history of militari- them. zation. Numerous armed and paramilitary However, international human rights forces have been active for nearly 70 years conventions and treaties play an important now, impacting lives, livelihood, economy role in redefining rights-based claims and and psychology of peoples, so much so that guarantees for the vulnerable sections of militarization seems to have been internalized society like women and children including as a natural part of the system and daily lives. the right to food and shelter campaigns and Deployments of armed forces in the region the demands for clean environment and started as counterinsurgency operations sustainable development. Therefore, courts in while the army personnel was protected by India at times pick out positive examples from the Armed Forces Special Powers Act 1958 international human rights instruments to (AFPSA). The act gives unquestionable power focus on the state’s obligations to observe human to the army which the people of the region rights. Such reference sometimes contributes have been campaigning against for decades. towards amendments in the constitution and

16 • To enter and search any premise in order to make such arrests.

The Indian state has defended this act both in national and international forums. For instance, when India presented its second periodic report to the United Nations Human Rights Committee in 1991, UNHRC members asked numerous questions about the validity of the AFSPA. They questioned its constitutionality under Indian law and asked In 1958, the Indian parliament enacted the how it could be justified in light of Article AFSPA (Assam and Manipur) with minor 4 of the International Covenant on Civil modifications to the preceding ordinance. and Political Rights (ICCPR). The Attorney Thousands of people are estimated to have been General of India responded that the AFSPA is killed in the last three decades by the armed a necessary measure to prevent the secession forces of the Union and other law enforcement of the Northeastern states. The indigenous officials. To date, every effort by the peoples from Northeast India want the Indian government of India to address the protracted government to repeal the AFSPA because it armed conflict situation in Manipur has been contravenes both Indian and International confined to trifling engagement with fringe human rights standards. elements and major non-state organisations without addressing the core political issues. A brutal operation called “Operation Bluebird” Half a century of imposition of the AFSPA has was launched by paramilitary soldiers in July on the one hand escalated discontentment, and 1987. It constituted one of the severest forms on the other, institutionalized impunity and of human rights abuses and violations in the militarism in Manipur. The armed forces of region by the Indian army using the power of the Union enjoy de jure and de facto impunity AFSPA in retaliation to an ambush by Naga under the AFSPA of 1958 (amended in 1972). underground elements on an Assam Rifle camp near Oinam village in , The Indian security forces can “fire upon or Manipur. A human rights organization, the otherwise use force, even to the causing of Naga Peoples Movement for Human Rights death, against any person who is acting in (NPMHR) recorded in a writ the excesses contravention of any law or against an assembly committed by the Assam Rifles that included of five or more persons or those in possession the following human casualties in addition to of deadly weapons.” The Act grants the military the destruction of livestock and property: broad powers to arrest, and to occupy or destroy property in counterinsurgency operations. In a. Twenty seven civilians tortured and addition, some of the extraordinary powers it killed grants the Indian security forces are: b. Twenty one civilians shot dead c. Five civilians dead due to denial of • To arrest without a warrant and with medical aid and starvation the use of “necessary” force anyone d. Three women raped who has committed certain offenses e. Five women sexually molested or is suspected of having done so f. Two women forced to deliver their

17 babies in the open insurgent groups,” nine active and 25 inactive g. Pregnant women tortured groups34 in the state according to the South h. Three hundred and forty persons Asia Terrorism Portal (SATP), 35 groups in tortured Assam,35 six in Meghalaya, five in Nagaland,36 i. Ninety six persons arrested and while the Ministry of Home Affairs (MHA) has detained recently extended the AFSPA to the districts of These excesses were committed against the Tirap, Changlang and Longding in Arunachal inhabitants of 30 villages, cordoned off for in September 2014. nearly four months and tortured under the The AFSPA has been challenged in court but provisions of the AFSPA that overrides even was upheld as constitutionally valid by the the existing civil law. The NPMHR took the Supreme Court of India in a 1997 judgement matter to the Guwahati High Court by filing in the case Naga Peoples Movement for Human a case against the excessive acts of the Indian Rights Vs Union of India. The AFSPA was Military, who did not allow the Chief Minister enforced to immobilize the Naga movement of Manipur to visit the area under “Operation and was supposed to be in operation only for a Bluebird.” The NPMHR recorded testimonies year. However, it is still operational today and of victims which ran up to 10,000 pages. The the Naga insurgency, despite its dormancy, High Court, under a two judge bench, heard continues to survive. the case from 1987 until 1992, taking five years to run through the entire 10,000 pages While the AFSPA is still active, there has been of testimonies and records of military excesses a shift in military strategy, paradigm and and violations of human rights committed approach. Since 1997, after the government of by the Assam Rifles. Upon completion of India entered into a ceasefire agreement with the hearing, the two judges who were on the numerous armed groups in Northeast India, case were transferred out before they could the counter insurgency operations carried pronounce their judgment. This rare case of out under the ASFPA have ranged from transferring both the judges at the same time perpetration of direct violence to psychological was a first of its kind in the judicial history of warfare called the “Military Civic Action” India and could probably be the first of its kind (MCA). In the name of peace and security in any democracy across the world. in the region, the MCA involves various community projects which are funded by the A report by the Asian Centre for Human Ministry of Home Affairs and the Ministry of Rights (ACHR) entitled “The AFSPA: Lawless Defense. The projects include solar lighting, law enforcement according to the law?” states small water supply schemes, construction of that “The AFSPA has failed to contain, let alone community halls and waiting sheds along the resolve, any insurgency in the Northeast.” roads, holding medical camps, distribution of It highlights the fact that when the AFSPA books, computers, generators, and furniture. was imposed on 8 September 1980, there In addition to these, educational and were only four armed opposition groups in awareness tours for school children are being 32 Manipur, but instead of containing insurgent undertaken. According to the Unrepresented groups it has only led to further militarization Nations and Peoples Organization (UNPO), and violence while more and more non-state the Assam Rifles have undertaken building 33 actors have been born in the region. As of roads and infrastructure in rural Naga areas 2014 there are seven proscribed “terrorist/ in addition to musical shows.37According to

18 the Assam Rifles, the impact and effectiveness A similar tragedy, albeit with a different of MCA have led to the surrender of militants set of actors, has also been happening in and the growing popularity of their MCA . Here, indigenous activities has touched the lives of peoples in communities like the and Karbis multiple spheres such as health, education and have been affected by violence that has seen availability of essential amenities. large-scale displacement and deaths. Since December 2013, political forces have attacked Indigenous people in Assam are experiencing and killed Rengma Naga villagers around increased militarization and resource-related Borpothar Police station in subdivision conflicts. In December 2013, security persons of the autonomous district. In alleged killed two school children who were helping retaliatory violence, unknown elements killed with the winter harvest as they were resting on a as many as nine Karbi persons in Dimapur on haystack. The All Bodo Students Union (ABSU) 5 January 2014. protested against these killings and demanded that the government take action against the Civil and political rights groups, students guilty security personnel. Several Bodo youth unions and democratic organizations have have been killed in fake encounters in Assam condemned the violence in Assam. They since 2010. This has led to the indigenous have been united in the belief that indigenous communities’ resentment against the state and communities have lived in peace and amity in the central government in India. the region.

Moreover, the growing inadequacies of 3.2 National security law autonomy arrangements for indigenous The Prevention of Terrorism Act (POTA) communities have been further exposed in the of 2002, India’s latest anti-terror law, has wake of violence in the Bodoland Territorial strengthened the counter-terrorism legislation. Autonomous Districts and Karbi Anglong. In This replaced the much abused Terrorist and the former, a tragic combination of resource Disruptive Activities (Prevention) Act that conflicts between different communities, was in force between 1985 and 1995. The unstable political and fiscal guarantees of past decade has witnessed an increasingly autonomy and a growing desire for political intense conflict, sometimes violent, between representation among old and new settler indigenous peoples’ organizations on the one communities, have resulted in violence and hand and the state and its private allies on displacement of thousands of peoples. To the other with the former struggling to retain compound the tragedy, the national media control over their natural resources, habitat in India, as well as well-meaning actors from and sources of livelihood. the government and civil society, have tended to view the violence in communitarian and Under the POTA, a suspect could be detained communal light. In the process, beleaguered up to 180 days without charges filed in court. indigenous communities like the Bodos have It also allows law enforcement agencies to been painted as aggressors in a conflict not of withhold the identities of witnesses and treat a their making. This conflict has its roots in confession made to the police as an admission the political economy of impoverishment of of guilt. Such legislation became controversial indigenous groups, rather than the supposed as it was evidently a source of corruption primordial antipathy between communities. within the Indian police and judicial system.

19 POTA was repealed in 2004 with retroactive 3.3 Aggressive development policies on effects after it was found that many states indigenous peoples’ territories were misusing the law, but simultaneously promulgated as an ordinance to amend the Aggressive development policies and projects Unlawful Activities Prevention Act (UAPA) already pose a threat to the traditional customary 1969. The amended UAPA expands the laws where the concerned parties – the tribal sections on definitions to include terrorist elites who are at the forefront of negotiating offences, and adds three new chapters dealing these land deals and contracts, and the with punishment for terrorist activities. Most multinational companies and representatives importantly, the 32 organizations banned of the Indian state - do not holistically address under the POTA have also been banned the value of lands and territories. There is no under the amended UAPA. Of the proscribed focus on the environmental, cultural, spiritual, organizations, 11 are organizations of various traditional or customary dimensions of land. ethnic minority groups from the Northeast. The government and the parties involved are Amendments to the UAPA, initially enacted not informed of the fact that many indigenous to protect the national state interests and the landholding systems are not connected with safety of India, expanded the definition of a the mainstream system as it is the case in other “person” to include “an association of persons parts of India. The distinct land ownership or a body of individuals whether incorporated systems which range from community land or not.” Article 22 of the ICCPR indicates holdings, family plots, to individual titles that “everyone shall have the right to freedom are often in line with indigenous practices of association with others,” and the only and customary laws. Data gathered by Asia restrictions that can be placed on such right are Indigenous Peoples Pact (AIPP) for the period those prescribed by law and necessary in the 2011-2013 listed five cases of land grabbing by interest of national security and public safety, the government and two cases of land grabbing thus requiring a reasonable balance between by companies. individual human rights and the government’s interest. By providing the state with broad The tables below present an estimate of the powers to ban associations, the amendment extent of private, common and forest lands may unreasonably hinder the legitimacy of the diverted for development and the affected right to associate and invite abuse. Such broad social groups displaced by projects. The powers, combined with the 2008 amendment Northeastern states are targeted for a large to the UAPA which authorized increased number of infrastructure and development detention periods, may instil fear of detention projects now and more of such in the coming and deter people from freely exercising their years. right to associate. The UAPA also extends the duration of bans on associations deemed unlawful by the government from two to five years, without a judicial hearing of any sort. The act was invoked during the arrest of several human rights defenders who were accused for their alleged links with the Naxalites and the Maoist guerrillas in Assam.

20 Table 6: Extent and Proportion of Common Land/Forest Diverted and Private Land Acquired (except Arunachal Pradesh)

State Private % Common % Forest % NA % Total Assam 159205.14 28.06 316041.66* 55.71 92034.49 16.23 567281.29 Meghalaya 43685.69 58.81 8022.07* 10.80 22492.37 30.28 74200.13 Mizoram 3471.11 16.48 1712.48* 8.14 15874.42 75.38 21058.01 Nagaland 1353.56 5.26 15985.47 61.97 1762.58 6.82 6668.50 25.92 25770.11 Sikkim 47031.62 95.16 NA NA 2184.67 4.84 00 49216.89 Tripura 51177.40 60.38 27762.45* 32.76 5811.81 6.86 84751.66 Total 6541802.27 60.46 3853545.48 37.55 189489.92 1.92 10592551.42

*The forest common revenue division could not be fully gotten. So they are combined

Sources: Ekka & Asif 2000:99; Fernandes et al. 2001: 89; Fernandes & Bharali 2006:108; Fernandes & Naik 2001; Lobo & Kumar 2007:99; Muricken et al. 2003:189; Fernandes & Asif 1997:87; Fernandes et al. 2006:91; Fernandes et. al., ‘Progress at Whose Cost? Development-Induced Displacement in 1947-2000, Guwahati: North Eastern Social Research Centre, 2012:17.

Table 7: Social groups of Displaced Persons/Project- Affected Persons (except ArunachalPradesh)

State Tribals % Dalits % Others % NA % Total State ST% Assam 416321 21.80 NA NA 60901 5 31.90 893538 46.30 1918874 12.4 Meghalaya 110158 100 0 0 0 0 0 0 110158 85.9 Mizoram 200139 100 0 0 0 0 0 0 200139 94.5 Nagaland 62675 100 0 0 0 0 0 0 62675 Sikkim 20178 36.14 1190 2.13 25720 40.79 8747 15.66 55835 22.0 Tripura 100195 56.66 20518 11.60 NA NA 56082 31.72 176828 31.1 All India 6268754 30.70 3195099 15.65 7807312 38.24 3146271 15.41 20416469 8.2

Sources: Ekka & Asif 2000:99; Fernandes et al. 2001: 89; Fernandes & Bharali 2006:108; Fernandes & Naik 2001; Lobo & Kumar 2007:99; Muricken et al. 2003:189; Fernandes & Asif 1997:87; Fernandes et al. 2006:91; Fernandes et. al., ‘Progress at Whose Cost? Development-Induced Displacement inWest Bengal 1947-2000, Guwahati: North Eastern Social Research Centre, 2012:17.

21 3.3.1. Construction of dams NHPC on their planning procedures and another high level internal expert panel to The construction of dams on indigenous investigate the construction of the dam. peoples’ territories without their free, prior The charter of demand also stated that the and informed consent (FPIC) violates the government of India should respect and mandate of the UN Special Rapporteur of protect the rights of the indigenous peoples Indigenous Peoples, the UN Convention to use their land, forest, water as part of their on Elimination of Racial Discrimination self-determination to decide on the kind of and the mandate of the Special Rapporteur development they want. They also expressed on Business and Human Rights. Nationally, the need to engage neutral experts from those projects violate the state duty to protect universities in Arunachal Pradesh, Assam or its citizens against human rights abuses Manipur to conduct research on the social, by third parties including business and the economic and cultural impact upstream and corporate responsibility to respect human downstream of the dam. The organizations rights. suggested that electricity for the people be provided by mini-hydro projects instead The National Hydroelectric Power Cor- of mega dams and for FPIC to be observed poration (NHPC) Project is one of the under the guidelines of the UNDRIP. various dam projects violating the rights of indigenous peoples. According to the In 2013, a group of 26 organizations from United NGOs Mission Manipur (UNM-M) Northeast India under the banner of the secretary’s38 intervention during a press Northeast Dialogue Forum jointly wrote to conference on 10 October 2014, people in leaders of India, and Bangladesh, and Upper Assam like in Tinsukia and the All based their recommendations on customary Assam Student Union (AASU) have been and international laws as guaranteed by the vehemently protesting the construction of Universal Declaration of Human Rights and the Dibang Dam and its potential impact on UNDRIP 2007. They expressed concern over the people since 2007. The people were not the issue of water and the adverse impacts of allowed to take part in a public hearing at mining and mega dams in the region.39 They Roing, which is a clear violation of the FPIC also recalled that China and Bangladesh had granted by the UNDRIP and by the ILO been imposing dams on the trans-boundary convention 107. The former Prime Minister rivers without any FPIC from the people living laid the foundation stone for the construction there. of the dam on 31 January 2008. The project 3.3.2 Oil explorations was one of the biggest in terms of dam height and power generation in India that was to be The oil exploration on indigenous territories financed by the World Bank. is proof of disrespect to the local people and their natural and cultural heritage. The United NGOs Mission Manipur (UNM-M) granting of exploration and drilling licenses released a charter of demand which strongly to companies by the government where condemned NHPC’s construction of the indigenous peoples live does not respect dam and suggested the establishment of their right to FPIC. a Special Investigation Team to probe the Arunachal Pradesh government and Two cases are symptomatic of the

22 government’s and companies‘ denial of the struggling against the state-owned giant Oil rights of indigenous peoples concerning and Natural Gas Corporation Ltd (ONGC) oil explorations. The government of India, which has been exploring and extracting through its Ministry of Petroleum and oil and gas from their land. It started Natural Gas, granted a license to Jubilant in the Changpang-Tssori area of Wokha Oil and Gas Private Limited, a company District in the year 1973. The government based in the Netherlands for exploration and of Nagaland gave a permit to the Oil and drilling works in two oil blocks in Manipur. Natural Gas Company (ONGC) to explore The Production Sharing Contract (PSC) for oil and natural gas for a period of four years. the Manipur oil Block I was granted by the The ONGC never asked for the FPIC of the Manipur Government on 23 September 2010 indigenous peoples living there, neither did allowing Jubilant Energy to drill from 30 oil they sign a Memorandum of Understanding wells in Manipur. (MoU) or a lease agreement with any of the land owners. The Company only signed a The indigenous peoples of Manipur were working agreement with the Changpang not informed on the terms and conditions Land Owners’ union for exploration and in the contracts and licensing agreements survey. Under the guise of exploration for among the governments of India and trial production, the ONGC extracted more Manipur and Jubilant Energy. The villagers oil than the amount initially agreed upon. In of Tamenglong, and the year 1994, the Naga Students Federation Jiribam were misled into signing and giving stopped the operation of ONGC from their agreement without being informed of Changpang Area.41 the purpose and objectives of the so-called “survey.“ The Coalition on Environment The struggle has been against the Company’s and Natural Resource (CENRs) urged the violation of the Naga people’s right to control company to conduct a SIA and human rights and manage their natural resources, and impact assessment with the participation against an agreement between both the of the affected people before taking further governments of Nagaland and India. In action for which Jubilant and the state the process, the community exposed the had to be responsible, accountable and ONGC’s attempts to morally and financially transparent according to International corrupt community members to maneuver Corporate Operational Standard, human around the people’s assertion of their right rights and gender framework. The villagers over oil resources, which was a hindrance to demanded the Oil Exploration & Drilling in the company’s designs.42 Tamenglong, Churachandpur, and Jiribam in Manipur to be stopped, and the UNDRIP Although the ONGC’s oil exploration has 2007 to be implemented immediately. stopped in Nagaland, the indigenous peoples However, according to a report by CENRs, have still not been compensated for the as of 28 November 2014, the government of impact the oil exploration had on their land. Manipur had remained silent.40 However, with the Lotha Nagas’ knowledge about the millions of tons of oil underneath A similar case has been documented in the their lands, their demands have evolved. state of Nagaland where for the past three Today, the issue is not only determining who decades, the people have been owns the natural resources, as it was at the

23 initial days of the struggle, but also building informing the people. The provisions of the a framework for resource management that MoU signed between the government of is based on the community’s rights over these Manipur and the lessees include transfer of a resources. huge amount of land, raw materials, water and In Tripura, the ONGC has also been into oil the right to mine. No proper environmental exploration through drilling activities and impact assessment was conducted either. bomb blasting in the territory of indigenous Various civil society groups and local people peoples since 23 October 2013. The blasting raised objections against the state government team did not have any valid documents nor for not seeking prior consent of the people. environment or forest clearance for conducting In India, different studies have shown the the exploration. Before the blasting, the houses environmental havoc and sickness caused by in the community were in good condition, but chromite mining in Odisha (Dubey, et al.: 2001; after the first round of blasting, many houses Das and Singh: 2011), Karnataka (Krishna, et and buildings developed cracks, several al.: 2012) Tamil Nadu and Maharashtra, (Rao, hand pumps were damaged, stopping water et al.: 2011). supply. The blasting team did not consult the villagers, neither did they ask for the 3.3.4 The Nagaland Special Development Zones indigenous peoples‘ FPIC or a MoU signed. project (NSDZ) A month after the drilling activities began, and due to the impacts of the oil exploration, The proposed NSDZ seeks to promote village people themselves stopped the team urbanization and industrialization in the from conducting the blasts at Ratanpur ADC foothill areas. The concept note resolution village. Consequently, the community leader prepared by the government was adopted in the along with the blasting contractor were given state assembly on 24 March 2014,44 covering a notice for public hearing with the Sub- five of the 11 districts of Northeast India. In Divisional Magistrate at Jampuijala, Sipahijala order to implement the NSDZ, the government Tripura. The community leader was to explain proposed to “restructure the land tenure system why they had stopped the blasting team from through intensive cadastral survey, identifying performing their activities.43 ownership.” The government aims to regulate the land tenure system for facilitating legal 3.3.3 Mining ownership and transfer of land so as to The identification of chromite deposits in facilitate investment and industrialization. Ukhrul and Chandel districts in Manipur has It also mentions the construction of four to led the government to grant mining clearances, eight-lane superhighways along the foothills disregarding constitutional provisions. People including the extension of the railway line in these districts are restive as they face from Dimapur onwards.45 The Committee powerful extractive industries entering their has been empowered to review the existing areas. The government of India, through the state laws, orders or instructions with a view Indian Bureau of Mines and the Ministry to amending them to make the NSDZ a viable of Mines has given more than ten private and effective project, and it stated an official companies leases and licenses and the right to notification made public.46 mine in the area between 2007 and 2013. The The Nagaland Tribes Council (NTC), a agreement between the Manipur government body comprising different tribes of the and the lessees was reportedly signed without

24 state, has expressed reservations on the Further, the extensive international border state government’s ambitious project to along the entire Northeastern states is largely have special development zones along the open. This has contributed towards human foothills of the state. The NTC argued that trafficking without much enforcement against the above laws were explicitly clear that it. Human trafficking can be classified into Article 371(A) provides the state legislative two: sex and labour trafficking where women assembly an outright jurisdiction to protect, are the most vulnerable victims. preserve and safeguard the traditional land holding system that was passed on from time Sex trafficking is the most prevalent type 51 immemorial.47 The indigenous groups from of human trafficking in Northeast India Northeast India protested against the proposed involving women and girls belonging to NSDZ resolution that seeks to privatize and the lower castes and tribes who are living in transfer indigenous community land holdings disadvantaged regions. Young women are to private individuals and companies who taken across the border to work in brothels will set up business and extractive industries. for forced sex while boys are taken to work in According to the resolution, the NSDZ will be coalmines for slave labour. Sex labour victims a liberalized economic zone where investors can be sold for as much as 600 US dollars. and business companies will have unrestricted Women and children are lured away from their access. The resolution also proposes to allow homes with promises of free education and non-indigenous companies and individuals jobs but many end up in “brick kilns, carpentry to settle down at the NSDZ with government units,” or used as domestic servants, and girls permission. The apprehensions are not are forced into sexual activities. In some cases unfounded, as Article 371(A) has been diluted the girls are forced to marry in regions where 52 solely for the purpose of urbanization and female to male sex ratio is skewed. Others fall industrialization that will further violate prey to the organ transplanting rackets. Tribal indigenous peoples’ rights.48 adolescent girls from rural areas of Assam are deceived, trafficked, and then sold for sexual 3.4 Trafficking exploitation in , Mumbai, Kolkata, Chennai, Goa, and Bangalore. Widespread 3.4.1. General facts corruption among police and armed forces, In its report entitled “Human Trafficking along with the lack of proper documentation and HIV,” the United Nations Development on victims of trafficking, exacerbate the Programme (UNDP) estimated that 300,000 problem.53 to 450,000 people are trafficked within Asia The large scale trafficking of adivasi girls and each year, of which, more than half takes place women within Northeast India to be exploited in South Asia.49 There are many reasons why as labour force is induced by non-inclusive Northeast India is emerging as a hot spot for development, including large projects and human trafficking. Northeast India is a region extractive industries, loss of traditional torn apart by various decades-old armed livelihoods, lack of quality education and conflicts. The region is characterized by high sustainable income opportunities. Many of unemployment among the youths; high poverty the thousands of tribal women who migrate to levels resulting to many children and young cities in search of jobs have become victims of women being vulnerable to various kinds of trafficking by false inducements and placement exploitation including sexual exploitation.50 agencies. Others are employed for domestic

25 work, a sector that is unorganized and most of these borders are open and unmanned controlled by unregulated placement agencies providing easy passage in and out of India for that induce traffic and control wages and are organized human trafficking syndicates to highly exploitative. In spite of the existence of operate undetected.54 various laws and developmental programmes, no visible improvement has taken place. 3.4.2. Government action

The situation in each of the eight Northeast In May 2011, the government of India ratified states varies. For example, Meghalaya is a the UN Convention against Transnational major destination due to its coal industry. Organized Crime (UNTOC) and its three It is estimated that 40,000 children from Protocols, in keeping with both the Indian Nepal and Bangladesh are trafficked into Penal Code (IPC), and the Constitution which the coalmines for labour by landowners and guarantee rights against exploitation, prohibit exporters. Furthermore, the highway networks trafficking in human beings, and other forms in the Northeast connect many national and of contemporary forms of slavery (Art. 23 and international destinations. In the state of 24). Assam, truckers have used the highway routes At the regional level, the government of to transport drugs and traffic girls. It is a well- India has ratified the SAARC (South Asian known fact that the truck drivers from all Association for Regional Cooperation) over India are deceiving young Northeastern Convention on Preventing and Combating children into fake marriages, child labour Trafficking in Women and Children for and sex work. The main source, transit and Prostitution, 2002, and the SAARC Convention destination points for these victims are usually on Regional Arrangements for the Promotion New Delhi, Mumbai, Pune, Goa, Kolkata of Child Welfare, 2002. and extend as far as Thailand, Singapore and Malaysia. Siliguri in West Bengal is the main The Indian constitution explicitly prohibits transit point as it connects many train lines trafficking of human beings and forced labour and bus services. It has long been a convenient and makes both offences punishable. Article way to smuggle women and children across 23(1) provides that: “traffic in human beings the Indo-Nepal border without detection. and forced labour are prohibited and any People below the poverty line with limited contravention of this provision shall be an employment opportunities are the most offence punishable in accordance with law.’’ vulnerable targets of human traffickers. Even The government of India has also set up young educated girls seeking employment different committees at the states’ level to outside their local area have been victimized by check human trafficking of any form in the trafficking. Ill-intentioned employers generally country. For instance, some of the committees trick these girls into the commercial sex trade. set up by the government are the National Women and children are also commonly Commission for Protection of Child Right deceived by offers of fake marriages. There have (NCPCR), Child Welfare Committee (CWC), been cases where highly educated girls were Child Line, the Anti-Trafficking Squad of exploited and abused in these marriages. Social Welfare Department, and there is also Northeast India is vulnerable as the region the Juvenile justice Act to protect child rights. shares borders with many countries: China, Further, to check child trafficking the Supreme Bhutan, Bangladesh, and Nepal and Court of India prohibits anyone from taking

26 children below 12 years across states even if it Nagaland (3), and Manipur (2). However, there is for schooling. is only one rehabilitation centre for victims, in Guwahati, despite the needs to have more.57 The Ministry of omenW and Child Development (MWCD) set up a legislative As it stands, the Indian legal framework to framework on trafficking based on the Immoral combat trafficking has proved to be ineffective. Traffic (Prevention) Act, 1956 (ITPA, 1956). The Indian Constitution forbids human The 1956 Act is the main legal instrument trafficking in Articles 23 and 39, but only the addressing the trafficking of human beings first one is justiciable and the second one is a in the country. It is supplemented by other mere guiding principle of state policy. India’s criminal law provisions including the Indian Immoral Traffic Prevention Act of 1956, Panel Code (IPC, 1860). The act provides for conceived to specifically address the issue, the rescue and rehabilitation of victims or has many shortcomings including a lack of survivors of trafficking. Its fifth provision states a comprehensive definition of trafficking that: “Any person who commits trafficking in and a clear distinction between trafficking persons shall be punishable on first conviction and prostitution. Indian penal laws also deal with rigorous imprisonment for a term which with trafficking and criminalize such acts as shall not be less than seven years and in the procuring, buying and selling, importing or event of a second or subsequent conviction exporting human beings, and detaining people with imprisonment for life. Another key anti- in slavery or slavery-like conditions, but the trafficking intervention is the ‘UJJAWALA’ reality of the situation on the ground reveals scheme for trafficked women and children, that these measures are insufficient.58 launched by the Ministry of Women and Child Development in December 2007. ‘UJJAWALA’, However, despite all these anti-trafficking focuses on females trafficked for the purpose laws and the various committees set up to of commercial sexual exploitation.55 check human trafficking, the cases in India, particularly Northeast India, continue to be Concerning the mechanisms, the Government on the rise. There is a general public opinion of India plans to set up 332 Anti-Human that various government agencies have failed Trafficking Units (AHTUs) at the District to effectively deal with the problem of human Level, and “Nodal Officers” to be appointed for trafficking in the state. each state. The MWCD has also implemented the UJJAWALA Scheme for Prevention of 3.4.3 Specific cases Trafficking and Rescue, Rehabilitation and In January 2010 close to 200 children, mostly Reintegration. Under the Scheme, survivors of boys, were rescued from Kanyakumari in trafficking and their children can have access Chennai. They were from North Cachar Hills to safe shelters, food, clothing, counselling, and neighbouring Karbi Anglong and a few medical care, and legal aid. The Scheme also were from Manipur. The girls accompanying provides vocational training and income them had already been trafficked after they 56 generation activities. The Indian MWCD has reached Bangalore. The children were sent off the primary responsibility of designing and by their parents in promise of free education. implementing programmes to address human trafficking, especially of women and children. In May 2011, a 16 year old girl from Assam was In Northeast India, UJJAWALA schemes have lured by a promise of marriage. She was taken been implemented in Assam (13 projects), to Delhi by train and kept in the Shakarpur

27 area. She was allegedly confined, raped and investigation was initiated. There is a Supreme sold. For 15 days she was physically tortured Court order that does not allow children below and traumatized. After two weeks of taking 12 years from leaving Manipur and Assam for her around to meet various customers as far as primary level education. Kanpur, she was finally sold for Rs. 1, 50,000. But the customer was an undercover police Three victims from Manipur were rescued from agent and the culprit was arrested. She was Malaysia in 2009 after they had been sold rescued but the culprit has since absconded.59 for prostitution. The travel agents operating under the guise of an NGO, Abel and Leo In March 2013, 51 boys and girls aged 5 to Private Limited had been luring girls from 14 were rescued from two illegally-operated Assam, Nagaland, Manipur and Meghalaya children’s homes for boys and girls both called with attractive job offers, including as domestic “Grace Home” in Jaipur in Rajasthan. Of the 51 helpers in Singapore and Malaysia. The victims children, 23 children were from Manipur (19 were sold to a nightclub in Kuala Lampur but from Ukhrul district, three from Tamenglong were rescued by the central government together district and one from Chandel district), seven with the Manipur state government. were from Nagaland, six from Uttar Pradesh, four from Assam, four from Nepal, four from A total number of 56 cases related to the Rajasthan, four from Punjab and two were violation of children’s rights in Manipur were from New Delhi. Jacob John who owned the recorded from January 2013 to 27 March illegal homes flouted every norm and guideline 2013. Of these, four were cases of rape, two laid by the Child Welfare Committee (CWC). were cases involving rape and murder, two All the children were brought to the home cases of assaults, two cases of attempted rape, with the promise of free education, however one case of suicide, three cases of kidnapping, none of them were sent to any school but were four cases of recruitment as child soldier, and casually taught at the home. Grace Home was 30 were rescued from trafficking. Most of raided by the Rajasthan government along the victims were indigenous children of the with NGOs. Jacob John was arrested under the , Zeliangrong Naga, Lamkang Indian penal code section 344, 366 and 370 Naga, Kuki- Zou peoples. (5) and Juvenile Justice (care and protection of children) Act 2000 section 23 and 28. While In March 2013, 53 children, mostly from the being interrogated by the Ukhrul police, the northeast states of Manipur, Nagaland and proprietor confessed to the many allegations Assam, were rescued from two illegal homes in including sexual crime. Jaipur, capital city of the state of Rajasthan. In the same year, 36 other children from Manipur In June 2013, in yet another suspected case of were rescued from a Home in Bangalore. child trafficking in Manipur, 31 children were stopped by the members of the Child Welfare In Assam, where the majority of women come Committee (CWC) from North AOC, Imphal from lowland indigenous communities,60 a in Manipur. The children, 16 girls and 15 total of 2,109 cases of abduction of women boys were aged between 5 and 17. A woman were registered in 2012. Of these, 1,398 were named Lucy Niang of Sugunu claimed that she rescued from various places and 894 women, was taking them to study in a children’s home mostly aged 15-30, were rescued from outside in Greater Noida, Utter Pradesh (UP). The the state.61 CWC brought the matter to the police and an The Minister fo Social Welfare of Manipur

28 stated in an interview that the department fundamental rights, they face the danger of has rescued 311 trafficked children since being victimized once again.65 2008.62These figures represent reported cases Of concern is the reality that despite the severity only and the actual numbers may be much of the problem, most of the states in the region higher. have not been able to take concrete measures Cases of human trafficking were also reported against human trafficking and the work towards with most of them Kuki children from its prevention has been unsatisfactory. Much Manipur’s . The ethnic of the care and rehabilitation of repatriated conflicts between the Kukis and Naga tribes in children and women have been undertaken in the Northeast region between 1992 and 1997 an ad hoc and casual capacity and there is no left many children homeless, thus enabling guarantee that the repatriated victims will fall human trafficking to prosper. Children were prey to trafficking again in the future. kidnapped and taken to other parts of the country. Relief and refugee camps were easily 3.5 Inter-ethnic conflicts accessible to traffickers and vulnerable people in acute poverty were more susceptible to States have to take action to prevent and becoming victims of fake placement agencies. appropriately address violence arising from In 2009, there was a regular flow of kidnapped inter-ethnic conflicts, and to ensure that children from the Bru refugee camps in these do not persist or escalate. The state Tripura who were brought to a mission in is responsible for the omission to protect West Bengal. Several children have also gone minorities from discrimination or violence. missing from Arunachal Pradesh, reportedly States that fail to prevent or punish unlawful taken to monasteries in Nepal.63 actions against minorities could be held responsible for such failure. The Declaration In Assam, the NEDAN foundation reported on the Rights of Persons Belonging to National repatriating six ethnic women rescued by the or Ethnic, Religious and Linguistic Minorities police from Mumbai in 2005. Four girls lured (General Assembly resolution 47/135) has from Assam were kept in Uttar Pradesh, and established in its article 1, paragraph 1, that three ethnic women and girls were rescued states “shall protect the existence and the from being trafficked to Mumbai in August national or ethnic, cultural, religious and 2007. In July 2008, seven ethnic women were linguistic identity of minorities within their 64 rescued from being trafficked to Delhi. In respective territories and shall encourage 2006, NEDAN rescued 66 ethnic women and conditions for the promotion of that identity.” girls who were lured to Gujurat with the pretext Its preamble emphasizes that the promotion of jobs. Twenty-five of them were minors. In and protection of the rights of persons August 2007, 64 ethnic girls were rescued from belonging to minorities contribute to the being trafficked to Gujarat for labor purposes, political and social stability of States in which out of whom 13 were minor. they live and that the constant promotion Once back in their villages, the girls are often and realization of their rights as “an integral ostracized and face silent discrimination. A part of the development of society as a whole Delhi lawyer who has helped rescue many and within a democratic framework based girls says that despite the girls being rescued on the rule of law, would contribute to the after a huge struggle and a legal battle, with the strengthening of friendship and cooperation 66 lack of government policies to uphold their among peoples and States . Despite legislations

29 in India such as the Scheduled Castes and traditions and gender inequity in India Scheduled Tribes (Prevention of Atrocities) have resulted in the feminization of poverty, Act of 1989 that bans caste and tribal based exacerbating women’s vulnerability to labour discrimination, indigenous peoples still suffer from discrimination and violence. A 20-year insurgency, in what was then the Lushai Hills District of Assam (after 1972, the Union Territory of Mizoram) came to an end on 30 June 1986, with the signing of an Accord between the rebel Mizo National Front (MNF) and the government of India. The Accord resulted in the creation of Mizoram as a state in February 1987. The end of the insurgency, however, only solved the Mizo issues, leaving out the other minority tribes, such as the Hmars and the Brus. Nagging issues continue to feed cycles of low-grade strife, and the ‘silent’ activities of the Hmar under the ’s Convention-Democracy (HPC-D), and the issue of the Bru () peoples still being parked as refugees remains unresolved more than two-and-a-half decades after peace was restored to the State67.

4. INDIGENOUS WOMEN 4.1 Gender equality and sexual exploitation. Three-quarters of Indian women are illiterate. Some 90 per cent The Indian Constitution states that all citizens of rural and 70 percent of urban women are are equal, but indigenous women are still unskilled.69 Women’s poverty is more severe discriminated because of their ethnicity and than men’s because of forced marriages and gender in Indian society. Temporary special domestic violence and women bearing the measures are not applied for the empowerment primary responsibility for unpaid domestic of Scheduled Tribe women. and subsistence tasks. As home and farm- In India as per 2011 census, women account based subsistence opportunities are on the for 586 million and represent 48.46% of the decline, more and more women have to leave total population. In Northeast India, women their villages and communities and migrate to represent 48.86% of the total population. urban centres to work as unskilled labourers. Thus without improvement in women’s Being uneducated and unskilled, these women socio-economic condition and their effective lack basic information about employee’s rights, participation, the development of the country let alone bargaining power, and thus are often cannot be ensured effectively. Women are duped by fraudulent agencies and charged therefore both the agent and the target of exorbitantly, and fall victims to sex and labour development process.68 However, patriarchal trafficking.

30 4.2 Women’s political representation constituted at least 5% of the total population of the area.”71 Articles 7 and 8 of the CEDAW promote the political representation of women. Under the panchayati raj, there was no central The indigenous women’s movement in the legislation and every state government was Northeastern part of India has never been free to enact the state Act if they wanted to, for a movement for the realization of women’s local governance. Most states did not enact and rights per se but it has been at the forefront those who did, did not hold regular elections of the human rights movement in the region. and many allowed it to be defunct. That was Historically, this region has witnessed a strong the reason a constitutional amendment had to women’s movement and this has given rise to be passed in 1992 which forced all the states local groups that have successfully changed (except the few who were exempted by other policies of the past and spoken for the rights provisions of the Constitution) to enact state and roles of women in strife-torn areas. panchayati raj laws. They are the Assam Boro Women’s Justice Though some states had its own panchayat Forum (Assam), Naga Mother’s Association raj laws, not until the 73rd amendment to (Nagaland), Naga Women’s Union (Manipur), the Constitution of India in 1992, did the Hmar Women’s Association, R.K Mosang panchayati raj function regularly in Assam Memorial Society (Arunachal Pradesh), Borok and also in the other states of Northeast Women’s Forum of Tripura (Tripura), Dimasa India. The 73rd Constitutional amendment Women’s Society, Zomi Mother’s Association act for decentralization and creation of local (Manipur), All Tiwa Women’s Association governance has made an effort to give some (Assam), Rabha Women’s Council, Mizo special power to women in all the three tiers Hmeichhe Tangrual, Ka Synjuk Kynthei, etc. of panchayati raj. The provision contained in These women’s groups have helped women article 243D of the Constitution reads that deal with trauma and agony owing to armed ‘’Not less than one third of the total number of conflicts. They also have worked towards the seats reserved under clause shall be reserved economic empowerment of women affected by for women belonging to the Scheduled Castes violence. Women in Manipur have historically or, as the case may be, the Scheduled Tribes.” participated in government life, economic Besides, women may contest election from and cultural activities. The discourse rallied unreserved seats. This provision has enabled around the fact that women had an equitable women to participate in local government share of responsibilities and rights and had decision-making process. It has enabled them always possessed the confidence about these. to gain administrative and political training After the Independence of India, the local self- at the local level. The growing number of government in Assam started with the Assam women in Panchayats indicates the emergence Rural Panchayat Act, 1948. However, this Act of new social groups at the local level that are did not have any provisions for Scheduled more conscious and articulate. Taking into Tribes women.70 The Assam Panchayat account the national figure, out of 475 Zila Act, 1959 which replaced the Assam Rural Panchayats, 158 are headed by women. Out Panchayat Act of 1948 introduced the “co- of the total 51,000 members of Panchayats option of one woman if no woman was elected Samities at block level, 17,000 are women. and co-option of one each from the Schedule The data provided to the 14th Lok Sabha for Caste (SC) and Schedule Tribe (ST) if they Committee of Empowerment of Women

31 reveals that their actual number has exceeded Development board is compulsory. So there is the mandatory provision of 33% seats. For evidence that women are slowly moving into example, in Assam, women occupy 38.9% of governance. A woman holds the post of Chief the seats, in Arunachal Pradesh they represent in the Village Council in Dimapur.74 The same 38.5%, in Manipur 36.5%, in Sikkim 38.2% source however indicates that Naga women and in Tripura the total women members ‘’enjoy a far better position than the women represent 34.6 %. The work participation rate belonging to the caste society in other parts of has increased from 22.3 % in 1991 to 25.7 % in India.”75 Nevertheless, Naga is still a ‘’patrilineal 2001 at all India level.72 and patriarchal society,’’ indicating that women have minimal role in the decision making However, there is a cause of concern because process and have no right to inheritance or relatives of elected women representatives hereditary property. A breakthrough for Naga interfere in the official activities of the latter. women’s property rights is the case of Phila Though in some cases the relatives nurture, Wung, who managed to reverse the appeal encourage and lend support to women elected decision of the Apex court of Tangkhul Naga representatives, male relatives in many cases Long (TNL) that women had no right over even participate in official proceedings on ancestral property. The President of the TNL behalf of women, a practice that should not be overturned the decision and released Phila approved. But prevalence of patriarchal values and her mother’s property, setting a precedent and a high rate of illiteracy among women, in a traditional court.76 their non-availability due to their work, corrupt leadership and bureaucracy that favour the The latest national act on property rights, “The elite and middle class are some of the obstacles Right to Fair Compensation and Transparency towards the empowerment of women through in Land Acquisition, Rehabilitation and the panchayati raj system. This makes women’s Resettlement Act, 2013“ was passed on 29 representation ineffective as many of the August 2013 in the Lok Sabha77 and on 4 decisions are made in their absence. The AC September 2013 in the Rajya Sabha.78 The bill Nielsen ORG-MARG study commissioned by was approved by the President of India, Pranab the Ministry of Panchayati Raj among elected Mukherjee on 26 September 2013. It was representatives of panchayat raj institutions enforced on 1 January 2014 and applies to the showed that about one-fifth of the women were whole of India excluding the states of Jammu illiterate. The survey on the social background and Kashmir. This Act does not recognize of the elected women representatives indicates the property rights of members of the family that the majority of them are from Scheduled such as the widow, the divorced daughter Castes (SCs), Scheduled Tribes (STs) or Other who returns to her natal home, the women- Backward Classes (OBCs) thereby showing headed households and the elderly parents that political representation of women in who are dependent on their offsprings. This is Panchayats is not confined to the elite.73 a pertinent concern in the context of the given state of conflict where the vulnerability of In Nagaland, the representation of women is women and their dependents is a major factor negligible. The Nagaland Legislative Assembly in further marginalization and violence. has never had even a single woman legislator up to now. However, under Rule 4 (b) of the Access to political opportunities and Village Development Model Rules 1980, participation in political decision-making 25% women representation in the Village process are important components of capability

32 and autonomy in the exploration of women’s Canaan village in Senapati District of Manipur, talent and efficiency that are necessary for the who were picked up by state forces in August country’s development. Therefore, to achieve 2011 while collecting pig’s feed. They were women empowerment, advancement should blindfolded, kicked with boots and beaten be facilitated in coordination with the social by policemen till they lost consciousness. sectors such as the male gentry, religious The mother suffered multiple injuries which heads, political leaders who should come disabled her to breastfeed her five-month old forward and shun their personal interest and baby. In this connection, a memorandum ego to understand and appreciate that women was submitted to the Home Minister and to are equally important segments of society as the National Human Rights Commission in men. September 2011. But to date, no action has been taken. 4.3 Violence against women (VAW) The conflict situation sha led to a deteriorating Despite having some of the best gender condition in the home sphere, the work place indicators in India, violence against women and at the community level. Incidences of in the Northeast is still widespread.79 Violence domestic violence have been on the rise so within and outside the community is a serious much so that it has been ranked 4th in the issue as women are the targets. Within the national statistics according to the findings of communities and the families, women suffer India’s third National Family Health Survey from patriarchal attitudes towards their (NFHS-III).83 The Prevention of Domestic subordinate roles.80 Violence Act, 2005, contrary to the popular However, violence against women is also expectation and official claim, has not been well being frequently experienced outside the implemented in any state of the Northeast. The communities. Killings, abductions, illegal main problem areas identified are the absence detentions, torture and sexual assault by the of, or lack of awareness and insensitivity among security forces are commonly reported, with different stakeholders notified under the Act, indigenous women being the most affected.81 as well as proper budgetary allocations. The Armed Forces (Special Powers) Act The Protection of Women from Domestic provides sweeping powers to armed forces Violence Act, 2005, is enforced in Nagaland to personnel to search and destroy habitations tackle domestic violence. Its effectiveness is yet and houses, to detain people on suspicion and to be seen, as there is no proper mechanism to to kill with impunity. efficiently use it. Military personnel have also According to a recent article, from January been perpetrators of violence against women 2013 to November 2014, nearly 4000 girls and in Naga areas. Rape and assault on women are women were raped in Assam. This statement part of the tactics used by the military to repress 84 was made on behalf of the Chief Minister Tarun the Nagas’ struggle for self-determination. Gogoi, who also heads the Home Ministry in reply to a written question by Assam Forest Crime and violence against women in the Minister Rockybul Hussain.82 Northeast are expected to increase sharply with the development activities being planned The last CEDAW session shadow report states and carried out in the region with the Trans the case of a 36-year-old mother of eight Asian highways, railways, ports, the Look East children along with two other men from New Policy, free trade agreements etc. and many

33 other projects that will make women more 5. CONCLUSION vulnerable in this already fragmented context of conflict that they live in. For example, the Indigenous peoples in Northeast India conflict has created a situation wherein the are confronted with extra constitutional number of widows and single mothers has regulations like the Armed Forces Special risen that the social fabric is challenged with Powers Act (1958), special legal concessions questions related to property rights of women. for extractive industries to exploit natural This is because women are not recognized resources, which are increasingly threatening as equal partners in the inheritance of land indigenous communities, their lives and and natural resources in many indigenous livelihoods, their social cohesion and customary practices, although in reality, community, and ultimately their identity. Such there is an increasing number of women- legal mechanisms and proposed plans range led households and women farmers. Naga from land redistributive reforms in Manipur, customary law states that the line of inheritance the establishment of the Special Development in the family passes among the male members Zone in Nagaland, increasing cases of and excludes women. In cases where there are resource conflicts between indigenous people no male members in the family to inherit the and immigrants in Assam, the condoned ancestral property, the property is passed on encroachment into indigenous peoples’ lands to the male relatives. In such cases, women and resources by settler communities in are not only dispossessed of their rights over Tripura, to the grand development schemes land and natural resources making them in Arunachal Pradesh, Manipur and almost more vulnerable, but also excluded from all all the Seven Sister states. All these are processes like developmental initiatives since already impacting and will definitely impact these projects are directly related to land and indigenous communities on their personal natural resources of the communities. lives and properties, land, and food security. Trafficking, violence againstwomen and the A documentation done by AIPP and its members discrimination that indigenous women face on the ground between 2011 and 2013 reveals prevent them from taking the lead in decision- that out of nine violations against women listed making processes, not only in the public in Northeast India, only two were resolved and sphere but also in the traditional decision- their remedy implemented. making institutions. The marked increase in the frequency of violence committed against The urgency of the issue of violence against women in recent years is a matter of concern, indigenous women in the northeast is of grave moreover as many of them go unreported. concern. There exists spousal and familial Violence against women arising from the violence in the Northeast states but the context entry of development and corporate project in which VAW is occurring is significantly is expected to increase. Dams, mineral different from the context in other parts of and oil exploration companies are given India. authorization without any consultation with the communities, violating India’s national legislation. The constitutionality of the AFSPA, despite the sustained campaign by several sectors not only in the Northeast but among human rights defenders elsewhere, has been

34 upheld by the Supreme Court of India. Despite introducing legislation to end violations, e.g., Immoral Traffic (Prevention) Act on trafficking, implementation is still weak. India has failed to respect, protect and fulfill its obligations to indigenous peoples in Northeast India under international law and national laws, and its avowed commitment to the UN Declaration on the Rights of Indigenous Peoples. 6. PEOPLES’ RECOMMENDATIONS To the Central and State Governments: On national security laws: 1. Repeal the Armed (Forces Special) Powers Act of 1958 as amended in 1972, and withdraw the imposition of Disturbed Areas Act of 1953. Along this line, stop militarization and bring justice to victims of sexual violence by military & para-military forces as per the guidelines of the UN Security Council Resolution 1325.

On economic and other development projects: 2. Stop all extractive projects being imple- to process these among themselves without mented in Northeast India without the FPIC coercion and incentive. of the affected indigenous peoples especially concerning the extractive industries for On the respect, protection and fulfillment of chromite in Manipur, Ukhrul and Chandel; the rights of indigenous peoples: the Manipur Oil Block and the ONGC in 4. Fully implement the Forest Rights Act Nagaland, and the National Hydroelectric 2006 in its true spirit and ensure community Power Corporation Project in Manipur. claim on community land, forest and natural resources. 3. Seek and respect the FPIC of all affected communities for all extractive industries, dam 5. Ratify the ILO Convention no. 169. construction, infrastructure building and On remedies: other developments with potential adverse 6. Provide appropriate remedies for the impacts to indigenous peoples before the displaced indigenous peoples of the Northeast inception of any project. All information who live in relief camps including, but not related to developments in indigenous lands limited to, repatriation, compensation, and must be provided and accessible to affected other such kind of arrangements agreed to by communities in a timeframe that sufficiently the affected communities. guarantees enough time for the communities to study the information, consult among 7. Provide financial, technical and security themselves and seek added information, and

35 support to indigenous women for their full NOTES and effective participation and representation 1. Ministry of Tribal Affairs website, State/Union in decision–making bodies; as well as ensuring Territory-wise list of Scheduled Tribes in India, a gender-sensitive environment to enable their http://www.tribal.nic.in/Content/list%20of%20 independence and full participation. Scheduled%20Tribes%20in%20India.aspx, accessed 13 February 2015. On awareness-raising: 2. Bijoy, C.R et al. India and the rights of 8. Conduct greater awareness and education indigenous peoples, AIPP, Chiang Mai, Thailand, campaigns on the rights of indigenous peoples 2010, p. 13. among the entire state bureaucracy to sensitize 3. Franciscans International, Universal Periodic officials and authorities in indigenous peoples’ Review (UPR), 13th Session (May-June 2012), areas. Joint Stakeholders’ Submission on: Human Rights in India, paragraphs 35, accessed 13th February On specific issues: 2015 at: http://franciscansinternational.org/ 9. Put in place mechanisms to implement the fileadmin/docs/UPR_Reports_2011/FI_India_ anti-trafficking legislations in Northeast India UPR_Report_2012.pdf. including measures for accountability of police 10. Article 366 (25) defines scheduled tribes as forces. “such tribes or tribal communities or parts of or groups within such tribes or tribal communities 10. Recognize and respect the full mandate of as are deemed under Article 342 to be Scheduled the Tripura Tribal Areas Autonomous District Tribes for the purposes of this constitution”. Council to exercise the provisions under the 11. For more details see Bijoy, C.R and Tiplut Sixth Schedule of the Constitution of India Nongbri. Republic of India. Country Technical without any restriction. Notes on Indigenous People’s Issues, IFAD and AIPP, January 2013 accessed 13th February 2015 11. Provide effective access to justice to victims at: http://www.ifad.org/english/indigenous/pub/ of human rights violations including the death documents/tnotes/india.pdf of two children in December 2013 in Balajhar, 12. See http://indiankanoon.org/doc/768139/ Assam, among others. 13. These criteria are used by the Government of India and its agencies with modalities for 12. Facilitate a process for the peaceful determining the claims for inclusion in, exclusion resolution of resource conflicts between the from and other modifications in orders specifying Bodoland Territorial Autonomous Districts the list of Scheduled castes and Scheduled tribes. and Karbi Anglong and other conflicts in The National Commission for Scheduled Castes Northeast India. and Scheduled tribes also in their guidelines for examining the proposals of inclusion in/exclusion 13. Undertake substantive consultations with from the list of Scheduled Tribes used the same affected communities regarding the Nagaland criteria. Also refer C.R. Bijoy et al (eds) India and Special Development Zone (NSDZ) tabled by the Rights of Indigenous Peoples, Chiang Mai, the Nagaland legislative assembly. AIPP, 2010, pp13-14 14. Op Cit, Bijoy, C.R and Tiplut Nongbri (January 2013), p, 1. 15. Sixth Scheduled: Provisions as to the Administration of Tribal Areas in the States of

36 Assam, Meghalaya, Tripura and Mizoram http:// 29. See http://www.business-standard.com/article/ lawmin.nic.in/olwing/coi/coi-english/Const. companies/why-india-inc-is-not-happy-with-the- Pock%202Pg.Rom8Fsss%2834%29.pdf. new-land-bill-113091700194_1.html. 16. Report of the High Level Committee on Socio- 30. See http://www.business-standard.com/article/ Economic, Health and Educational Status of Tribal opinion/land-acquisition-quashed-under-new- Communities of India, Ministry of Tribal Affairs, law-114091400695_1.html. Government of India, May 2014 accessed on 23 31. See Annexure 1. February 2015 at http://www.ruralindiaonline.org/ 32. Ministry of Development of North East India, resources/report-of-the-high-level-committee-on- NESRIP assisted by ADB, http://www.mdoner. socio-economic-health-and-educational-status-of- gov.in/node/1437 accessed 11 December 2014. the-tribals-of-india/ 33. See http://www.thesangaiexpress.com/page/ 17. The data presented in this section is largely items/41952/construction-of-thoubal-kasom- from Bijoy, C.R and Shankar Gopalakrishnan. khullen-road-asian-development-bank-served- Study on Challenges in Implementation of FRA in notice. North-Eastern States in the Context of the Special 34. ADB, North Eastern States Roads Investment Constitutional Provisions, the Sixth Schedule Program, project data sheet, http://adb.org/projects/ and Existing State and Customary Laws, UNDP- details?page=details&proj_id=37143-033, accessed Ministry of Tribal Affairs, Government of India, 11 December 2014. April 2014. 35. Seehttp://www.nagalandpost.com/ 18. Ministry of Tribal Affairs (MoTA), Status ChannelNews/Regional/RegionalNews.aspx?news Report of FRA Implementation December 2014 =TkVXUzEwMDA2NzI3Nw%3D%3D. accessed on 23 February 2015 at http://tribal.nic. 36. Savitri Goonesekere refers to the term in/WriteReadData/CMS/Documents/2015012805 “justiciable” human rights in her article, National 27356069292MPRforthemonthofDecember2014- Implementation of International Human Rights, Copy.pdf. Social Inclusion and the Empowerment of 19. Ibid People http://www.un.org/esa/socdev/egms/ 20. Ibid docs//2013/EmpowermentPolicies/National%20 21. Ibid Implementation%20of%20International%20 22. Ibid. Human%20Rights.pdf (last accessed 5th August, 23. Ibid. 2014). 24. Ibid. 37. See http://www.achrweb.org/ 25. See http://papers.ssrn.com/sol3/papers. Review/2005/54-05.htm. cfm?abstract_id=2475800. 38. see htpp://www.satp.org/. 26. See http://www.prsindia.org/billtrack/the- 39. See http://www.satp.org/satporgtp/countries/ land-acquisition-rehabilitation-and-resettlement- india/states/manipur/terrorist_outfits/index.html. bill-2011-1978/. 40. See htt p://www.satp.org/satporgtp/countries/ 27. http://indianexpress.com/article/india/india- india/states/assam/terrorist_outfits/index.html. others/new-land-act-cautious-mizoram-looks-to- 41. See http://www.satp.org/satporgtp/countries/ nagaland-decides-to-consult-constitutional-expert- india/states/nagaland/terrorist_outfits/index.html. before-implementing/. 42. http://unpo.org/article/1133. 28. See http://economictimes.indiatimes.com/ 43. He was speaking at a press conference on opinion/swaminathan-s-a-aiyar/land-acquisition- the UN Committee on racial discrimination and bill-is-a-luddite-throwback-to-19th-century/ Dibang Dam at the Manipur Press Club, which was articleshow/22040184.cms. jointly organized by North East Dialogue Forum,

37 Centre for Research and Advocacy, Manipur referred, a majority of women come from lowland (CRA), Social Action Development Organization indigenous communities. (SADO), People’s Platform Secretariat (PPS) 56. Unless notified, most of the information and Village Women Coordinating Committee contained in this paragraph directly comes from a (VWCOC), http://kanglaonline.com/2014/10/ factsheet submitted by L.M. Tabitha from NWUM nhpcp-is-a-racially-discriminatory-project-unmm- to AIPP. secretary/, accessed 28th October 2014. 57. http://www.mapsofindia.com/my-india/society/ 44. Dimapur declaration on water and indigenous human-trafficking-in-india-must-end. communities rights http://www.pressenza. 58. Franciscans International, Universal Periodic com/2013/05/52904/, 21st May 2013. Review (UPR), 13th Session(May-June 2012), 45. Oil exploration in Manipur, India, http://ejatlas. Joint Stakeholders’ Submission on: Human Rights org/conflict/oil-exploration-in-manipur-india, in India, paragraph 8, accessed 13th February 2015 accessed 3 December 2014. at: http://franciscansinternational.org/fileadmin/ 46. NEPA Factsheet, Factsheet for violation of docs/UPR_Reports_2011/FI_India_UPR_ indigenous peoples rights, Forcible oil extraction Report_2012.pdf. from indigenous peoples’ land. 59. http://peperonity.com/go/sites/mview/index. 47. Community Rights over Resources: Lotha subha/34474350 Nagas’ struggle against ONGC, http://www.ritimo. 60. https://www.academia.edu/9154140/ org/article4860.html, accessed 3 December 2014. HER_BODY_HER_RIGHTS_In_Reference_to_ 48. NEPA Factsheet, Factsheet for violation of Women_Trafficking_in_North_East_India, HER indigenous peoples rights, Drilling work by ONGC BODY, HER RIGHTS: In reference to women in Tripura. trafficking in North East India. 49. http://www.easternmirrornagaland. 61. Extracts from India: Significance of the com/2014/07/cntc-opposes-nsdz-in-its-existing- United Nations Convention against Transnational form/. Organized Crime (UNTOC) to address human 50. http://www.nagalandpost.com/ trafficking: Interview with Mr. G K Pillai, Union ChannelNews/State/StateNews. Home Secretary, Government of India. aspxnews=TkVXUzEwMDA2MjY5O. 62. Franciscans International, Universal Periodic 51. http://ibnlive.in.com/news/committee-set-up- Review (UPR), 13th Session(May-June 2012), to-make-nagaland-development-zone-project- Joint Stakeholders’ Submission on: Human Rights viable/482027-3-226.html. in India, paragraph 10, accessed 13th February 2015 52. http://m.newshunt.com/india/english- at : http://franciscansinternational.org/fileadmin/ newspapers/nagaland-post/state-news/chief- docs/UPR_Reports_2011/FI_India_UPR_ ministers-statement--on-nsdz-draws-flak-from- Report_2012.pdf. ntc_31009530/999/c-in-l-english-n-nagalandpost- 63. Indian Penal Code, 1980; Prohibition of Child ncat-StateNews. Marriage Act, 2006; Children (Pledging of Labour) 53. http://www.nagalandpost.com/ Act, 1933; Bonded Labour System (Abolition) Act, ChannelNews/State/StateNews. 1976; Child Labour (Prohibition and Regulation) aspx?news=TkVXUzEwMDA2MjY5OA==. Act, 1986; Juvenile Justice Act, 2000; Scheduled 54. UNDP_Human_Trafficking_and_HIV_ Castes and Scheduled Tribes (Prevention and SouthAsia_2007. Atrocities) Act, 1989. 55. Unless indicated, there is no certainty of the 64. Northeast and its ceaseless struggle with human indigenous background of the individuals in the trafficking, Kishalaya Bhatacharjee in the tehelka, cases referred to. However, in most of the cities http://shaktivahini.org/human-trafficking-2/

38 northeast-and-its-ceaseless-struggle-with-human- panchayat-act-1948#ixzz3TychYfwy, Assams.info, trafficking. August 2014. 65. Indigenous Peoples, Cultural Survival and 76. http://www.assams.info/assam/the-assam- Minority Policy in Northeast India http://www. panchayat-act-1959, Assams.info, August 2014. culturalsurvival.org/publications/cultural-survival- 77. Ibid. There is no certainty on the indigenous quarterly/india/indigenous-peoples-cultural- background of the women referred to in this study. survival-and-minority-pol, accessed 3rd December However, due to the presence of many indigenous 2014. peoples in Assam, many women are from 66. http://timesofindia.indiatimes.com/india/ indigenous background. Traffickers-target-northeast-Indian-women-sell- 78. Empowerment of Women through Panchayati them-like-cattle/articleshow/17725299.cms Raj System- A critical analysis with special 67. http://www.manipurtimes.com/news-article/ reference to North East India’’, Madhurya Chetia, the-peoples-chronicle-news/item/5284-36-children- Devajyoti Gogoi in International Journal of rescued-from-bangalore-brought-back-to-imphal Humanities and Social Science Invention, ISSN 68. https://www.academia.edu/9154140/ (Online): 2319 – 7722, ISSN (Print): 2319 – 7714, HER_BODY_HER_RIGHTS_In_Reference_to_ www.ijhssi.org Volume 2 Issue 6, June. 2013, Women_Trafficking_in_North_East_India, HER p.05-09. BODY, HER RIGHTS: In reference to women 79. India and the rights of indigenous peoples, trafficking in North East India. C. R. Bijoy, Shankar Gopalakrihnana, Shomona 69. Combating HumanTrafficking in Assam, Khanna, AIPP, 2010, p. 147. Northeast , India, NEDAN Foundation. 80. India and the rights of indigenous peoples, 70. Sur, Priyali; “Silent Slaves: Stories of Human C. R. Bijoy, Shankar Gopalakrihnana, Shomona Trafficking in India”; Women’s Media Center, Khanna, AIPP, 2010, p. 145. December 30, 2013. Retrieved from- www. 81. Her Story of Empowerment, Leadership and womenundersiegeproject.org. Justice, AIPP 2014, p. 26. 71. Recalled in the paragraph 12 of the August 82. Lower House of the Indian parliament. 2014 69th report of the Special Rapporteur on 83. The Upper House of the Indian parliament. minority issues, A/69/266. 84. McDuie-Ra in http://vaw.sagepub.com/ 72. http://www.satp.org/satporgtp/countries/india/ content/18/3/322.abstract. states/mizoram/index.html 85. See http://vaw.sagepub.com/content/18/3/322. 73. ’Empowerment of Women through Panchayati abstract. Raj System- A critical analysis with special 86. India NGO shadow report for the 58th Session reference to North East India’’, Madhurya Chetia, of CEDAW. Devajyoti Gogoi in International Journal of 87. http://guwahatinow.com/nearly-4000-women- Humanities and Social Science Invention, ISSN raped-assam-last-two-years/. No certainty on the (Online): 2319 – 7722, ISSN (Print): 2319 – 7714, indigenous background of the women referred to in www.ijhssi.org Volume 2 Issue 6, June. 2013, p. this study. However, due to the presence of many 5-9. indigenous peoples in Assam, many women are 74. https://www.academia.edu/9154140/ from indigenous background. HER_BODY_HER_RIGHTS_In_Reference_to_ 88. http://infochangeindia.org/women/news/nfhs- Women_Trafficking_in_North_East_India, HER iii-40-of-indian-women-face-domestic-violence. BODY, HER RIGHTS: In reference to women html. trafficking in North East India. 89. Ibid. 75. http://www.assams.info/assam/the-assam-rural-

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