The University of EdinburghPeace Agreements DatabasePeaceRep

Joint Communiqué

  • Country/entity

    India
    Nagaland
  • Region

    Asia and Pacific
    Asia and Pacific
  • Agreement name

    Joint Communiqué
  • Date

    11 Jul 2002
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( India-Adivasi Conflicts (1955 - ) (Northeast India) )
  • Stage

    Pre-negotiation/process
  • Conflict nature

    Government/territory
  • Peace process

    India-Nagaland peace process
  • Parties

    (Th. Muivah) General Secretary,National Socialist Council of Nagaland (NSCN).
    (K. Padmanabhaiah) Representative of the Government of India
  • Third parties

    -
  • Description

    A short agreement noting the Government's recognition of the unique history of the Nagas, and agreeing to expedite the peace dialogue, and extend the ceasefire.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people
    Groups→Indigenous people→Rhetorical
    Page 1,
    ...The Government of India recognises the unique history and situation of the Nagas. It is agreed that talks should proceed in an accommodative and forward-looking manner so that a lasting and honourable solution can be arrived at...
  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1,
    ...It has been mutually decided to extend the ceasefire for another year with effect from August 1, 2002.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    South Asia Terrorism Portal, Institute for Conflict Management http://www.satp.org/satporgtp/countries/india/states/nagaland/documents/papers/JointCommunique_11July02.htm

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

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

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

The parties also agreed on the need to intensify negotiations.

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

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

Sd/-

(Th. Muivah)

General Secretary, NSCN

Sd/-

(K. Padmanabhaiah)

Representative of the Government of India

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

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

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

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

Nagas are freedom loving and robustly independent.

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

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

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

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

and

(c) Competencies exercised by the Government of India.

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

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

Subject matters to be discussed and allocated

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

Natural resources

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

Education

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

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

Cultural Affairs

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

Languages

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

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

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

Taxation

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

Economy

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

Development

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

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

Tourism

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

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

Transport

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

Postal system and Stamps

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

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

Status and protection of minorities within Nagaland

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

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

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

Naga Commission Human Rights

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

Integration of contiguous Naga area into new administrative entity.

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

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

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

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

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

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

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

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

Security forces

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

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

Customs

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

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

Legislature

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

Government (Executive)

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

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

Civil service

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

Land ownership

Only permanent residents of Nagaland may own land Nagaland.

Other residents may lease land but not own it.

Entry restrictions to Nagaland

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

Guarantees for implementation

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