NSCN-IM - Union Government Joint Statement Bangkok, September 23, 2002
- Country/entityIndia
Nagaland - RegionAsia and Pacific
Asia and Pacific - Agreement nameNSCN-IM - Union Government Joint Statement Bangkok, September 23, 2002
- Date23 Sep 2002
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StagePre-negotiation/process
- Conflict natureGovernment/territory
- Peace processIndia-Nagaland peace process
- PartiesSd/-(Th. Muivah) General Secretary, NSCN
Sd/-(K. Padmanabhaiah) Representative of the Government of India - Third parties-
- DescriptionA pre-negotiation agreement attempting to prevent the process from being derailed by the circulation of a 'false' draft 'comprehensive solution' to the conflict. The parties also agree on the need to intensify the negotiations.
- Agreement document
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
No specific mention.
- 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 measuresRights related issues→Protection measures→Protection of groupsPage 3,
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. - 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
No specific mention.
- 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.
- SourceSouth Asia Terrorism Portal, Institute for Conflict Management
http://www.satp.org/satporgtp/countries/india/states/nagaland/documents/papers/nscnim_sep20
02.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.