JORHAT, Jan 22 : With the Parliamentary elections round the corner, Chief Minister Tarun Gogoi today laid foundation stones and inaugurated facilities galore in a whirlwind tour of his home constituency Titabor.
Gogoi dedicated the Titabor public auditorium to the public and later inaugurated the improvement works of the historic Dhodar Ali under Asom Bikash Yojana. In addition to this, he laid the foundation stones of the buildings of SDO’s office and other allied offices. He also inaugurated the streetlight project of Titabor subdivision.
Addressing a meeting at the public auditorium, the Chief Minister maintained that the overall welfare of the State was not possible without the development of the rural areas.
He claimed that the PWD had macadamized a total length of 10,500 km of roads under the Congress-led State Government. As many as 998 bridges have been built, too, he said. On the other hand, the previous AGP Government could execute pucca road construction works on a total length of 525 km alone, Gogoi added.
The Chief Minister distributed yarn among 15 weavers under the Karmajyoti Scheme in the same function. State PWD Minister Ms Ajanta Neog, who was also present on the occasion, sought public cooperation from the people in executing the various projects relating to the development of the transport and communication infrastructure.Jorhat Deputy Commissioner Ms LS Changsan, who stated the objectives of the meet, pointed out that the improvement of Dhodar Ali would incur an expenditure of Rs 7,044 lakh.
The public auditorium has been constructed at a cost of Rs 259 lakh. The streetlight project was completed at a cost of Rs 77 lakh. The same amount will be spent on constructing the offices of SDO and others, she said. The MLAs of Jorhat, Mariani and Majuli, press adviser to the Chief Minister Debo Kumar Bora and several Congress functionaries were present at the meeting anchored by Jorhat DIPRO DM Sarma.
The Chief Minister also visited Sankari Kala Kristi Bikash Kendra and took part in the ninth biennial conference of All Thengal Kachari Association held at the precincts of MRS Higher Secondary School in Titabor.
He inaugurated a rest house at Titabor FRU later in the evening. The facility has been constructed with funds made available by Thengal Kachari Autonomous Council.
Williams sisters dominate at Australian Open
Melbourne: The Williams sisters Serena and Venus picked up rather easy first-round wins Tuesday at the Australian Open.
Seeded sixth, Venus, who has never won the Aussie Open, got off to a solid start with a 6-3, 6-3 triumph over Germany’s Angelique Kerber.
At the same time, Second-seeded Serena needed just 75 minutes to win, as the three-time Melbourne champion took out China’s Yuan Meng, 6-3, 6-2.
Serena, who has three Australian Open championships (2003, ‘05 and ‘07), overcame 31 unforced errors and limited her opponent to six winners to advance on a hot day at Melbourne Park.
Seeded sixth, Venus, who has never won the Aussie Open, got off to a solid start with a 6-3, 6-3 triumph over Germany’s Angelique Kerber.
At the same time, Second-seeded Serena needed just 75 minutes to win, as the three-time Melbourne champion took out China’s Yuan Meng, 6-3, 6-2.
Serena, who has three Australian Open championships (2003, ‘05 and ‘07), overcame 31 unforced errors and limited her opponent to six winners to advance on a hot day at Melbourne Park.
India soaks in Obama moment with parties - and some poetry too
Obamamania swept India in its warm embrace Tuesday. Soulful ghazals, a black-tie inaugural ball, diplomats and officers toasting the moment and gala parties were just some of the ways Indians and expatriate Americans celebrated the epochal swearing-in of America’s first black president Barack Obama.
In New Delhi, the seat of power and the hub of politicians of all stripes, there was a mood of optimism and caution as the foreign office braced to deal with the incoming administration on issues close to its heart.
“We will all be watching the inaugural on our TV screens. And we will be carefully listening to every word Obama says, especially regarding his foreign policy, as it could have a bearing on India,” said a diplomat who did not wish to be named.
There was no party planned by the US embassy, but the American Center was lit up and the mood was one of quiet celebration.
“We will be celebrating the peaceful transition from one administration to the next administration, a hallmark of great democracies,” Elizabeth Fitzsimmons, spokesperson of the US embassy in New Delhi, told IANS.
But like many of her colleagues in the diplomatic fraternity, she would be going to a private party to soak in this important moment in the US history. American expatriates had also organised a black-tie inaugural ball.
The American Chamber of Commerce and the US embassy in New Delhi have also organised an Obama inaugural party to which top business executives, politicians and diplomats have been invited. Giant TV screens will be erected to bring the inaugural ceremony live to the audience.
Many American expatriates opted for the privacy of their homes to watch all the action live on TV.
“It’s a historic moment. I will prefer to watch it at home,” said CNN correspondent Elizabeth Neisoloss.
If it was business as usual in New Delhi, the famously resilient Mumbai, which bore the brunt of a massive terror attack nearly two months ago, was not afraid to display its flamboyant streak.
The US Consulate and the Indo-American Chamber of Commerce (IACC) were all set for spirited partying that was expected to go well beyond midnight. Security jinks had clearly not dampened the spirits of Obama enthusiasts and revellers. The party was preceded by a film on Obama, said an American Centre spokesperson.
The venue would then shift to Hotel J.W. Marriott in Juhu where the inaugural pageantry would be broadcast live on giant TV screens from 10.30 p.m. The Marriott party, expected to be attended by US Consul General in Mumbai Paul Folmsbee, would be a celebrity-studded affair where the power elite of the city would assemble — perhaps also to catch up on all the latest gossip and display their knowledge of world affairs.
This would kick off a week of a series of events, including a panoramic view of black history and the proposed visit of Martin Luther King III along with some Congressmen to India next month.
Jaimini Oza, a well-heeled NRI who landed in Mumbai from New York only last week, captured the mood of optimism among over two million Indian-Americans.
“Cutting across all affiliations, Indians are hopeful that new President Barack Obama will effectively handle the challenges before the US and the entire world,” Oza said.
In Kolkata, a city of poets, artists and café intellectuals, the Obama moment brought out the poetic streak, with a little enterprise from the US Consulate that organised an evening of poetry to mark this epoch-making event. The American Centre was adorned with big cutouts of the US first black president, Stars and Stripes and posters.
“About eight poets from different parts of eastern India will participate in the event. The poetry recitation will continue for one hour while the ghazal session will be of two-hour duration,” said US consulate official in Kolkata Rafiq Anwar. All the poems and songs would be based on Obama.
Down south, the mood was slightly subdued but not entirely bland.
In India’s IT city Bangalore, there would be some wining and dining but nothing on a spectacular scale. Chennai had big party plans with five star hotels readying to host the city’s elite.
Hyderabad chose to be more radical in spirit with some officers seeing the Obama presidency as a festival of the oppressed. Impressed by Obama’s stirring message of hope, diplomats, police officers and bureaucrats, specially those from the Scheduled Caste, Scheduled Tribe and minorities, organised a party at a hotel to soak in this history-making moment.
There were also celebrations at the recently opened US consulate, which will start processing visa applications later this month. Americans settled here and some eminent citizens from different walks of life have been invited for the celebrations.
In New Delhi, the seat of power and the hub of politicians of all stripes, there was a mood of optimism and caution as the foreign office braced to deal with the incoming administration on issues close to its heart.
“We will all be watching the inaugural on our TV screens. And we will be carefully listening to every word Obama says, especially regarding his foreign policy, as it could have a bearing on India,” said a diplomat who did not wish to be named.
There was no party planned by the US embassy, but the American Center was lit up and the mood was one of quiet celebration.
“We will be celebrating the peaceful transition from one administration to the next administration, a hallmark of great democracies,” Elizabeth Fitzsimmons, spokesperson of the US embassy in New Delhi, told IANS.
But like many of her colleagues in the diplomatic fraternity, she would be going to a private party to soak in this important moment in the US history. American expatriates had also organised a black-tie inaugural ball.
The American Chamber of Commerce and the US embassy in New Delhi have also organised an Obama inaugural party to which top business executives, politicians and diplomats have been invited. Giant TV screens will be erected to bring the inaugural ceremony live to the audience.
Many American expatriates opted for the privacy of their homes to watch all the action live on TV.
“It’s a historic moment. I will prefer to watch it at home,” said CNN correspondent Elizabeth Neisoloss.
If it was business as usual in New Delhi, the famously resilient Mumbai, which bore the brunt of a massive terror attack nearly two months ago, was not afraid to display its flamboyant streak.
The US Consulate and the Indo-American Chamber of Commerce (IACC) were all set for spirited partying that was expected to go well beyond midnight. Security jinks had clearly not dampened the spirits of Obama enthusiasts and revellers. The party was preceded by a film on Obama, said an American Centre spokesperson.
The venue would then shift to Hotel J.W. Marriott in Juhu where the inaugural pageantry would be broadcast live on giant TV screens from 10.30 p.m. The Marriott party, expected to be attended by US Consul General in Mumbai Paul Folmsbee, would be a celebrity-studded affair where the power elite of the city would assemble — perhaps also to catch up on all the latest gossip and display their knowledge of world affairs.
This would kick off a week of a series of events, including a panoramic view of black history and the proposed visit of Martin Luther King III along with some Congressmen to India next month.
Jaimini Oza, a well-heeled NRI who landed in Mumbai from New York only last week, captured the mood of optimism among over two million Indian-Americans.
“Cutting across all affiliations, Indians are hopeful that new President Barack Obama will effectively handle the challenges before the US and the entire world,” Oza said.
In Kolkata, a city of poets, artists and café intellectuals, the Obama moment brought out the poetic streak, with a little enterprise from the US Consulate that organised an evening of poetry to mark this epoch-making event. The American Centre was adorned with big cutouts of the US first black president, Stars and Stripes and posters.
“About eight poets from different parts of eastern India will participate in the event. The poetry recitation will continue for one hour while the ghazal session will be of two-hour duration,” said US consulate official in Kolkata Rafiq Anwar. All the poems and songs would be based on Obama.
Down south, the mood was slightly subdued but not entirely bland.
In India’s IT city Bangalore, there would be some wining and dining but nothing on a spectacular scale. Chennai had big party plans with five star hotels readying to host the city’s elite.
Hyderabad chose to be more radical in spirit with some officers seeing the Obama presidency as a festival of the oppressed. Impressed by Obama’s stirring message of hope, diplomats, police officers and bureaucrats, specially those from the Scheduled Caste, Scheduled Tribe and minorities, organised a party at a hotel to soak in this history-making moment.
There were also celebrations at the recently opened US consulate, which will start processing visa applications later this month. Americans settled here and some eminent citizens from different walks of life have been invited for the celebrations.
ATS files charge sheet against Malegaon blast accused
Mumbai Police’s Anti-Terrorism Squad (ATS) Tuesday filed the charge sheet in the Sep 29, 2008 Malegaon blast case before the Special Maharashtra Control of Organised Crime Act (MCOCA) Court Judge Y.D. Shinde here.
The ATS lodged the charge sheet running into more than 4,250 pages and the accused face charges under various sections of the stringent MCOCA and the Arms and Explosives Act.
The prosecution and all the defence lawyers argued at length over whether the provisions of the stringent MCOCA were applicable to the accused.
Ganesh Sovani, one of the defence lawyers, told IANS that the prosecution’s contentions on invoking the MCOCA against the accused were flawed and some points raised were as an “afterthought”.
Special Judge Shinde is expected to deliver his ruling in the matter - whether the provisions of MCOCA can be applied to the accused or not - at the next hearing scheduled Wednesday.
The judicial custody of the 11 main accused in the case, including Sadhvi Pragnya Singh Thakur and Lt. Col. Prasad S. Purohit, ended Tuesday.
The other nine accused in the case are: Rakesh Dhawade, Swami Amritanand alias Dayanand Pandey, former armyman Ramesh Upadhyay, and Jagdish Mhatre, Ajay Rahirkar, Shyamlal Bhanwarlal Sahu, Shivnarain Singh Kalsangra, Samir Kulkarni and Sudhakar Chaturvedi.
Simultaneously, five of the accused - Sadhvi Pragnya, Purohit, Rahirkar, Kalsangra and Sahu - have filed bail applications which shall now come up for hearing Jan 30.
The charge sheet preparation started in the shadow of the death of former Anti-Terrorism Squad (ATS) chief Hemant Karkare who had been directing the investigations into the Malegaon case. He was killed in the Nov 26 Mumbai terror attacks.
Just five days before his death, the ATS had charged the Malegaon accused under the MCOCA.
On the evening of Sep 29, 2008, a bomb planted on a scooter went off in the busy market area of Malegaon, killing six and injuring 10.
The ATS investigations into the case revealed the involvement of a serving army officer, a retired army officer, and activists of a right-wing Hindu extremist organisation.
The scooter’s origins and ownership were traced to the Sadhvi, who was picked up from Surat and later arrested on Oct 23 last year. Later, other accused were arrested from different parts of the country.
The ATS lodged the charge sheet running into more than 4,250 pages and the accused face charges under various sections of the stringent MCOCA and the Arms and Explosives Act.
The prosecution and all the defence lawyers argued at length over whether the provisions of the stringent MCOCA were applicable to the accused.
Ganesh Sovani, one of the defence lawyers, told IANS that the prosecution’s contentions on invoking the MCOCA against the accused were flawed and some points raised were as an “afterthought”.
Special Judge Shinde is expected to deliver his ruling in the matter - whether the provisions of MCOCA can be applied to the accused or not - at the next hearing scheduled Wednesday.
The judicial custody of the 11 main accused in the case, including Sadhvi Pragnya Singh Thakur and Lt. Col. Prasad S. Purohit, ended Tuesday.
The other nine accused in the case are: Rakesh Dhawade, Swami Amritanand alias Dayanand Pandey, former armyman Ramesh Upadhyay, and Jagdish Mhatre, Ajay Rahirkar, Shyamlal Bhanwarlal Sahu, Shivnarain Singh Kalsangra, Samir Kulkarni and Sudhakar Chaturvedi.
Simultaneously, five of the accused - Sadhvi Pragnya, Purohit, Rahirkar, Kalsangra and Sahu - have filed bail applications which shall now come up for hearing Jan 30.
The charge sheet preparation started in the shadow of the death of former Anti-Terrorism Squad (ATS) chief Hemant Karkare who had been directing the investigations into the Malegaon case. He was killed in the Nov 26 Mumbai terror attacks.
Just five days before his death, the ATS had charged the Malegaon accused under the MCOCA.
On the evening of Sep 29, 2008, a bomb planted on a scooter went off in the busy market area of Malegaon, killing six and injuring 10.
The ATS investigations into the case revealed the involvement of a serving army officer, a retired army officer, and activists of a right-wing Hindu extremist organisation.
The scooter’s origins and ownership were traced to the Sadhvi, who was picked up from Surat and later arrested on Oct 23 last year. Later, other accused were arrested from different parts of the country.
The Implementation Of Covenant On Civil And Political Rights
By: Priyadarshni M. Gangte
INTRODUCTION :
Report of the Nuclear Commission on Human Rights, 17 May, 1946 (E/38); ECOSOC (Economic and Social Council) Off Rec II Session, p.224, 228 and 230 stated,
that, “The Commission on Human Rights took up the question of implementation of human rights at its preliminary (Nuclear Session) in 1946. It felt the need for an international agency of implementation entrusted with the task of watching over the general observance of human rights, in order to prevent the recurrence of acts as that Second World War. It recommended that pending the eventual establishment of an agency of implementation, the Commission on Human Rights might be recognized as qualified to aid the appropriate organs of the United Nations in the task defined for the General Assembly and the Economic and Social Council in Articles 13, 55 and 62 of the Charter concerning the promotion and observance of Human Rights and fundamental freedoms for all and to Security Council in the task entrusted to it by Article 39 of the Charter by pointing to cases where violation of human rights committed in one country may by its gravity, its frequency or its systematic nature constitute a threat to the people.” (S.C. Khare: 1977; p.57).
It may also be referred to ECOSOC Off Rec II Session, p.400-2, Res. 9(II) dated 21 June, 1946 wherein it was stated,
“The ECOSOC after considering the report asked the Commission to submit suggestions regarding ways and means for the effective implementation of human rights and fundamental freedoms to enable it to work out arrangement with other organs of the United Nations.” (S.C. Khare: 1977; p.57).
Pursuant to the above decisions, the human rights decision of the Secretariat prepared a memorandum for considerations of Drafting Committee held in June 1947 on implementation envisaging that for international supervision and enforcement at successive stages the following be the principles :
(i) that, General Assembly and other organs including Commission on Human Rights should have the rights to discuss and to recommend action for violations of human rights;
(ii) that, individuals should have the right to petition;
(iii) that, the United Nations should establish a special organ with jurisdiction and duty to supervise and enforce human rights;
(iv) that, it should also have the authority to consider for suspension of human rights; and
(v) that, it should establish local agency of the United Nations in various countries with jurisdiction to supervise and to enforce human rights therein.
The Drafting Committee (vide U.N.DOC E/CN-4/21; p.6-7, July 1, 1947) accepted the above mentioned principles but not the manner in which it has to be achieved. The Commission later referred the same to a Working Group for study and report. The Group reported that :
(i) individual should have the right to petition along with states;
(ii) a five member Standing Committee be appointed by ECOSOC to collect information concerning observance and enforcement of human rights within various states, to receive petition and to redress them through negotiation and reports submitted to the Commission where it fails.
The Group report was sent to states and ECOSOC for consideration and comments. No final decision could be arrived at. In 1919, the Secretariat, after having analyzed all aspects of the matter, proposed to the Commission that a Permanent Conciliation Committee and of local agencies of the U.N. be established in various contracting states with powers to supervise and to apply the provisions of Covenant (vide UN.DOC E/CN 4/168; p.14-18, May 5, 1949). The proposal was further discussed threadbare and after certain modifications it was unanimously agreed that a Human Rights Committee composed of persons of high standing and of recognized experience in the field of human rights be established as a permanent body to consider violation of human rights (UN.DOC E/CN, 4/SR 187 and 188; May 22, 1966).
As regards power and function of the Committee the following were agreed:
(i) to ascertain the facts; and
(ii) to make available its good offices to the states concerned with a view to bringing about a friendly solution.
It was agreed that if no solution was reached, the Committee should report with its conclusion (vide UN.DOC. E/CN 4/SR 191; p.3, May 23, 1950).
Finally the Commission on Human Rights approved the new Chapter in the draft of the Covenant concerning implementation of the Civil and Political Rights in its VII Session (vide ECOSOC Off. Rec.XIII Sess. Supp. 9E/1922; p.13-19, May, 1951). With substantial amendments of the provision of which mention of the following may be made of the Third Committee of the General Assembly:
(i) that, striking a proper balance between two views of a minimum effectiveness of implementation procedure and the new for securing the widest possible acceptance of the Covenant by members states be recognized.
(ii) That, a two-fold system of implementation consisting of a compulsory reporting procedure and of an optional procedure of fact finding and conciliation be set in motion solely by the state parties willing to accept supplementary obligations;
(iii) That, the members of the Human Rights Committee be increased to 18 who shall be elected by states parties to the Covenant and authorize the Committee to make general comments on the report submitted by State Parties (vide UN.DOC A/5546/p.57-59, 62-64, 77-79, 86-90; December 13, 1966).
The Committee on Human Rights as an implementation organ which receive ratification of 38 State Parties created a covenant that came into force with effect from March 26, 1976. The 18th Committee Members elected by secret ballot based on equitable geographical distribution and representatives of different forms of civilization and principal legal systems will serve in their individual capacity for four years as per Articles 33 of the Covenant. The first nine members will serve for four years as determined by lot at the meeting of the Committee and the remaining from January 1, 1977 (vide UN Monthly Chronicle, October, 1976, Vol. XIII No.9 p.33).
The Committee will function to study reports submitted by the State Parties under Article 40 of the Covenant. The Secretary-General, after having consulted the Committee, will submit the relevant parts of the report to specialized agencies falling within this jurisdiction which will, in turn, send to the State concerned and the ECOSOC for general comments along with the original report. The States parties, on their part are to submit their observations on the comments of the Committee which according to William Karey (1968 No.570/55) in his book, “The Key to Human Rights Implementation, International, Conciliation” … are general and lack critical scrutiny or genuine evaluation”.
Article 41 provides for implementation of State to State complaints on violation of human rights of the Covenant. For this purpose, acceptance of the Committee has to be undertaken to the Secretary-General with intimation of States Parties to the Covenant. Such a declaration is pre-requisite of the invocation of the said Act, though the same can be withdrawn anytime by the State Parties thereafter under intimation to the Secretary-General.
In the event of charges against any State parties for not fulfilling the obligations under the Covenant, the State concerned which complaint for such lapses should being the matter to the attention of the alleged State for its explanation of the charges within three months from the date of receipt of such communication. If the contending States do not adjust the issue among themselves within six months, either State may refer the matter to the Committee under intimation thereof to the other parties. In the course of examining the case, the State Parties are obliged to cooperate with the Committee with whatever information may be sought for. The Committee, on it is part, has to submit its report within twelve months from the date of receipt of the notice. If the Committee is able to bring about a settlement, the report shall be briefly in the nature of statement of facts and the solution brought about. In case of failure for a settlement with a prior consent of both the contending States an ad-hoc conciliation Commission may be appointed with the full participation of the State parties which attempts for an amicable settlement due respect given to the provision of the Covenant. The findings of the Commission have to be submitted within twelve months. The procedure adopted in this regard will be the same as that of the Committee proceedings.
Under Article 45, the Committee has to submit its annual report on its activities to the General Assembly through ECOSOC.
In order to understand implementation of the Covenant on Civil and Political Rights, proceeding in respect of self-determination of people of (1) Afghanistan, (2) Kampuchea, (3) Palestine, (4) South Africa and Namibia, and (5) Western Sahara from the reports of the Secretary-General on the status of the Covenant on 31st July, 1987 to the General Assembly may be highlighted.
The Commission on Human Rights asked on 10th March, 1987 states they have not become parties to the covenant and optional protocol to become as per declaration provided for in Article 41 of the Covenant. Similarly, the General Assembly made an appeal the same year vide its resolution 42/103. The Commission also asked the Secretary-General to provide technical assistance to States not parties to the Covenant with a view to assisting them to ratify it, or accede thereto with a request that report thereof be submitted in 1988 on the status of Covenant and its Optional Protocol.
In 1987, the Human Rights Committee held its 29th to 31st Session, to consider reports from 12(twelve) States from 23rd March to 13th November. On 24th July the Committee adopted its 11th Annual report to the Assembly. The Assembly, on its part, vide resolution 42/103 asked the Secretary-General to give more publicity to States Parties to submit their report under Article 40 of the Covenant.
Self-determination of People:
By five resolutions in 1987 the Commission on Human Rights reaffirmed the right to self-determination for the people of (1) Afghanistan, (2) Kampuchea, (3) Palestine, (4) South Africa and Namibia, and (5) Western Sahara. A sixth resolution adopted the item pertained to the use of mercenaries to implede the exercise of the rights of people to self-determination.
The Commission’s action and debates on the rights of self-determination in 1987 were summarized by Secretary-General in a report to the General Assembly. The Report also contained a summary of responses from 17 Governments.
General Assembly Action :
Following the pattern of previous years, the General Assembly adopted in 1987 two resolutions on the right to self-determination, a right it repeatedly reaffirmed for individual Non-Self Governing territories.
On 7th December, on the recommendation of the Third Committee, the Assembly adopted resolution 42/94 without vote.
It may be mentioned here, that India having not ratified the entire Covenant as yet has to explain its position on the matter to the effect that the reference to right of self-determination in Article 1 of the International Covenant on Economic, Social and Cultural Rights applied only to people under foreign domination, not to independent sovereign States or parts of a people or nation. In this connection, it may be recalled that every state has to submit its report annually. India did its first reporting in 1983. In it is report of 1991, India was to explain violation of Human Rights due to enforcement of AFSPA (Armed Forces Special Power Act) in North-East of India particularly in Manipur and Nagaland and TADA (Terrorist and Disruptive Prevention Act) in Punjab. The contention was that India has violated Article 1 of the Covenant on Civil and Political Rights and so also the provisions of Optional Protocol. The irony in this regard is that India has its reservations on the ratification of Article 1 of the Covenant on Civil and Political Rights and the provisions as provided for in the Optional Protocol. Despite this, India has created an international impression that it is the champion of the cause of Human Rights.
INTRODUCTION :
Report of the Nuclear Commission on Human Rights, 17 May, 1946 (E/38); ECOSOC (Economic and Social Council) Off Rec II Session, p.224, 228 and 230 stated,
that, “The Commission on Human Rights took up the question of implementation of human rights at its preliminary (Nuclear Session) in 1946. It felt the need for an international agency of implementation entrusted with the task of watching over the general observance of human rights, in order to prevent the recurrence of acts as that Second World War. It recommended that pending the eventual establishment of an agency of implementation, the Commission on Human Rights might be recognized as qualified to aid the appropriate organs of the United Nations in the task defined for the General Assembly and the Economic and Social Council in Articles 13, 55 and 62 of the Charter concerning the promotion and observance of Human Rights and fundamental freedoms for all and to Security Council in the task entrusted to it by Article 39 of the Charter by pointing to cases where violation of human rights committed in one country may by its gravity, its frequency or its systematic nature constitute a threat to the people.” (S.C. Khare: 1977; p.57).
It may also be referred to ECOSOC Off Rec II Session, p.400-2, Res. 9(II) dated 21 June, 1946 wherein it was stated,
“The ECOSOC after considering the report asked the Commission to submit suggestions regarding ways and means for the effective implementation of human rights and fundamental freedoms to enable it to work out arrangement with other organs of the United Nations.” (S.C. Khare: 1977; p.57).
Pursuant to the above decisions, the human rights decision of the Secretariat prepared a memorandum for considerations of Drafting Committee held in June 1947 on implementation envisaging that for international supervision and enforcement at successive stages the following be the principles :
(i) that, General Assembly and other organs including Commission on Human Rights should have the rights to discuss and to recommend action for violations of human rights;
(ii) that, individuals should have the right to petition;
(iii) that, the United Nations should establish a special organ with jurisdiction and duty to supervise and enforce human rights;
(iv) that, it should also have the authority to consider for suspension of human rights; and
(v) that, it should establish local agency of the United Nations in various countries with jurisdiction to supervise and to enforce human rights therein.
The Drafting Committee (vide U.N.DOC E/CN-4/21; p.6-7, July 1, 1947) accepted the above mentioned principles but not the manner in which it has to be achieved. The Commission later referred the same to a Working Group for study and report. The Group reported that :
(i) individual should have the right to petition along with states;
(ii) a five member Standing Committee be appointed by ECOSOC to collect information concerning observance and enforcement of human rights within various states, to receive petition and to redress them through negotiation and reports submitted to the Commission where it fails.
The Group report was sent to states and ECOSOC for consideration and comments. No final decision could be arrived at. In 1919, the Secretariat, after having analyzed all aspects of the matter, proposed to the Commission that a Permanent Conciliation Committee and of local agencies of the U.N. be established in various contracting states with powers to supervise and to apply the provisions of Covenant (vide UN.DOC E/CN 4/168; p.14-18, May 5, 1949). The proposal was further discussed threadbare and after certain modifications it was unanimously agreed that a Human Rights Committee composed of persons of high standing and of recognized experience in the field of human rights be established as a permanent body to consider violation of human rights (UN.DOC E/CN, 4/SR 187 and 188; May 22, 1966).
As regards power and function of the Committee the following were agreed:
(i) to ascertain the facts; and
(ii) to make available its good offices to the states concerned with a view to bringing about a friendly solution.
It was agreed that if no solution was reached, the Committee should report with its conclusion (vide UN.DOC. E/CN 4/SR 191; p.3, May 23, 1950).
Finally the Commission on Human Rights approved the new Chapter in the draft of the Covenant concerning implementation of the Civil and Political Rights in its VII Session (vide ECOSOC Off. Rec.XIII Sess. Supp. 9E/1922; p.13-19, May, 1951). With substantial amendments of the provision of which mention of the following may be made of the Third Committee of the General Assembly:
(i) that, striking a proper balance between two views of a minimum effectiveness of implementation procedure and the new for securing the widest possible acceptance of the Covenant by members states be recognized.
(ii) That, a two-fold system of implementation consisting of a compulsory reporting procedure and of an optional procedure of fact finding and conciliation be set in motion solely by the state parties willing to accept supplementary obligations;
(iii) That, the members of the Human Rights Committee be increased to 18 who shall be elected by states parties to the Covenant and authorize the Committee to make general comments on the report submitted by State Parties (vide UN.DOC A/5546/p.57-59, 62-64, 77-79, 86-90; December 13, 1966).
The Committee on Human Rights as an implementation organ which receive ratification of 38 State Parties created a covenant that came into force with effect from March 26, 1976. The 18th Committee Members elected by secret ballot based on equitable geographical distribution and representatives of different forms of civilization and principal legal systems will serve in their individual capacity for four years as per Articles 33 of the Covenant. The first nine members will serve for four years as determined by lot at the meeting of the Committee and the remaining from January 1, 1977 (vide UN Monthly Chronicle, October, 1976, Vol. XIII No.9 p.33).
The Committee will function to study reports submitted by the State Parties under Article 40 of the Covenant. The Secretary-General, after having consulted the Committee, will submit the relevant parts of the report to specialized agencies falling within this jurisdiction which will, in turn, send to the State concerned and the ECOSOC for general comments along with the original report. The States parties, on their part are to submit their observations on the comments of the Committee which according to William Karey (1968 No.570/55) in his book, “The Key to Human Rights Implementation, International, Conciliation” … are general and lack critical scrutiny or genuine evaluation”.
Article 41 provides for implementation of State to State complaints on violation of human rights of the Covenant. For this purpose, acceptance of the Committee has to be undertaken to the Secretary-General with intimation of States Parties to the Covenant. Such a declaration is pre-requisite of the invocation of the said Act, though the same can be withdrawn anytime by the State Parties thereafter under intimation to the Secretary-General.
In the event of charges against any State parties for not fulfilling the obligations under the Covenant, the State concerned which complaint for such lapses should being the matter to the attention of the alleged State for its explanation of the charges within three months from the date of receipt of such communication. If the contending States do not adjust the issue among themselves within six months, either State may refer the matter to the Committee under intimation thereof to the other parties. In the course of examining the case, the State Parties are obliged to cooperate with the Committee with whatever information may be sought for. The Committee, on it is part, has to submit its report within twelve months from the date of receipt of the notice. If the Committee is able to bring about a settlement, the report shall be briefly in the nature of statement of facts and the solution brought about. In case of failure for a settlement with a prior consent of both the contending States an ad-hoc conciliation Commission may be appointed with the full participation of the State parties which attempts for an amicable settlement due respect given to the provision of the Covenant. The findings of the Commission have to be submitted within twelve months. The procedure adopted in this regard will be the same as that of the Committee proceedings.
Under Article 45, the Committee has to submit its annual report on its activities to the General Assembly through ECOSOC.
In order to understand implementation of the Covenant on Civil and Political Rights, proceeding in respect of self-determination of people of (1) Afghanistan, (2) Kampuchea, (3) Palestine, (4) South Africa and Namibia, and (5) Western Sahara from the reports of the Secretary-General on the status of the Covenant on 31st July, 1987 to the General Assembly may be highlighted.
The Commission on Human Rights asked on 10th March, 1987 states they have not become parties to the covenant and optional protocol to become as per declaration provided for in Article 41 of the Covenant. Similarly, the General Assembly made an appeal the same year vide its resolution 42/103. The Commission also asked the Secretary-General to provide technical assistance to States not parties to the Covenant with a view to assisting them to ratify it, or accede thereto with a request that report thereof be submitted in 1988 on the status of Covenant and its Optional Protocol.
In 1987, the Human Rights Committee held its 29th to 31st Session, to consider reports from 12(twelve) States from 23rd March to 13th November. On 24th July the Committee adopted its 11th Annual report to the Assembly. The Assembly, on its part, vide resolution 42/103 asked the Secretary-General to give more publicity to States Parties to submit their report under Article 40 of the Covenant.
Self-determination of People:
By five resolutions in 1987 the Commission on Human Rights reaffirmed the right to self-determination for the people of (1) Afghanistan, (2) Kampuchea, (3) Palestine, (4) South Africa and Namibia, and (5) Western Sahara. A sixth resolution adopted the item pertained to the use of mercenaries to implede the exercise of the rights of people to self-determination.
The Commission’s action and debates on the rights of self-determination in 1987 were summarized by Secretary-General in a report to the General Assembly. The Report also contained a summary of responses from 17 Governments.
General Assembly Action :
Following the pattern of previous years, the General Assembly adopted in 1987 two resolutions on the right to self-determination, a right it repeatedly reaffirmed for individual Non-Self Governing territories.
On 7th December, on the recommendation of the Third Committee, the Assembly adopted resolution 42/94 without vote.
It may be mentioned here, that India having not ratified the entire Covenant as yet has to explain its position on the matter to the effect that the reference to right of self-determination in Article 1 of the International Covenant on Economic, Social and Cultural Rights applied only to people under foreign domination, not to independent sovereign States or parts of a people or nation. In this connection, it may be recalled that every state has to submit its report annually. India did its first reporting in 1983. In it is report of 1991, India was to explain violation of Human Rights due to enforcement of AFSPA (Armed Forces Special Power Act) in North-East of India particularly in Manipur and Nagaland and TADA (Terrorist and Disruptive Prevention Act) in Punjab. The contention was that India has violated Article 1 of the Covenant on Civil and Political Rights and so also the provisions of Optional Protocol. The irony in this regard is that India has its reservations on the ratification of Article 1 of the Covenant on Civil and Political Rights and the provisions as provided for in the Optional Protocol. Despite this, India has created an international impression that it is the champion of the cause of Human Rights.
A Clarion Call for Stability & Development: Mandate For Change: Dynamics of Electoral Politics in Manipur
By: Bhabananda Takhellambam
By Abu Nasar Saied Ahmed, Elizabeth Devi Kh, Maqbul Ali & Ratna Bhuyan, Omeo Kumar Das Institute of Social Change and Development & Akansha Publishing House, New Delhi, 2008, 222 pp., Rs 700. ISBN 978-81-8370-173-0
Electoral politics, the ideas and actions behind the process of choosing by vote among candidates to govern the state is a vital part of the democratic functioning of the state. In this regard one can say that the higher the level of electorate politics, the more conscious the electorates are. And what guides the consciousness for active electorate politics, the factors are multifaceted, and are peculiar to that society. Manipur by the sheer percentage of turnout in every election, sometimes over 90% and on an average above 80% can safely be put to a level of highly sensitive voters. This is to say that there is a high level of political consciousness in the state.
Before one starts to analyze what determines the consciousness of the electorates of Manipur as to put forward a clear mandate (for change) as projected by the voters in this book, one needs to know certain particulars about the working of democracy in the larger context as in India, and where Manipur fits in that context. Basically, India was blessed with the nation and the form of governance with the coming of the British colonial rule. The legacy of the parliamentary form of government still continues, though it had its share of challenges. In the recent past the struggle for power between the Indian National Congress and the All India Muslim League led to the division of British India into India and Pakistan. Further the new India was challenged by some princely states that were reluctant to join the Indian union. When persuasions failed and with no alternatives acceptable to the Government of India, it used an iron hand in integrating the princely states to the Indian union.
The trauma of these challenges, three wars with Pakistan and internal armed conflicts, is still reflected in the working of the Indian Democracy, India have become a highly centralized democratic country. Another feature of Indian democracy is the dynastic dominations in the political leaderships, prevalent in South Asia. Thus the manifestation and operationalization of Indian democracy became a mixture of Indian values of caste/hegemonic domination with liberal western thoughts. Since Manipur functions as a unit within the larger context of Indian democratic setup, it has its reflections. Even for choosing a leader in the Congress party of Manipur, it has to take the permission and so blessings from the high commands in New Delhi. This is not just the symptoms within the party but affects the electorates too, that’s why in the elections of 2007 one could witness the rush of the big ‘star’ campaigners of the Congress party.
It is important to understand to material conditions of the society that would determine the consciousness of the people and thus what their mandate is. The book in the introduction gives a ‘Panoramic view of Manipur’. Describing the geography of the state, it starts with ‘Switzerland of the east’, quoted by Jawaharlal Nehru. The demography of the state is profiled in an excellent manner with tables which includes ‘Religion-wise percentage of population in Northeast’, Percentage ‘District-wise breakup of Religious composition of the Population of Manipur’, ‘District-wise distribution of Population of Manipur’ besides the ‘Basic Demographic Statistics of Manipur’. What is interesting or more pertinent for the analysis of the mandate is ‘The Political Scenario’. Here the historical events that have shaped Manipur as it is now are summed up in brief. Some of the important events are; the uninterrupted Dynastic rule of the Ningthouja clan, ‘76 kings’ from 33 AD till 1891, as a sovereign independent kingdom in South Asia, the events of 1891, when Manipur lost her sovereignty and became a part of British India, the (imposition) of the Treaty of Yandaboo in February 24, 1826 when Manipur lost the Kabaw Valley to Burma, (still nostalgic to the hearts of the people). Then the sequences of events that led to present status like, the regaining of ‘sovereignty’ from the British rule, the Manipur State Constitution Act of 1947, the controversial Merger (annexation) of Manipur in 1949 are discussed.
The ‘Politics of Defection in Manipur’ discusses the events of floor-crossing, horse-trading that began by 1963. “In a span of 35 years (1967 – 2002) Manipur has seen eight Chief Ministers” and “as many as 25 ministries”, is a clear indication of the fluidity of the political situation in Manipur. What is interesting is that “none of them (Chief Ministers) completed full terms”. ‘A brief history of insurgency in Manipur’ explains the causes and consequences, like the imposition of Armed Forces (Special Powers) Act 1958 and the question of Nagalim. The causes of insurgency are inextricably related with the historical events like that of 1947 and 1949. Though the seeds of insurgency were sown in the 50’s, the period beginning 70’s is regarded to be the beginning of the armed struggle against the Indian state, “… Maoist guerrilla fighters… India’s first spell of urban insurgency and Asia’s second, after Saigon”. UNLF (United National Liberation Front) was formed in 1964, followed by PLA (People’s Liberation Army) in 1978, now more than 30 insurgent outfits operate in Manipur. This explains the grave situation of the state. As a reaction to the rise of insurgents, the Government of Manipur declared Manipur as Disturbed Area in 1890 and imposed the infamous Armed Forces (Special Powers) Act 1958 that gave rise to the question of human security in the state.
Though the cause of insurgency is linked with the historical development, what sustains insurgency, to many analysts is underdevelopment that dogged the region, including Manipur. The second chapter on the ‘Economy of Manipur’ details the deteriorating state of the economy which is a reflection of its underdevelopment. ‘A historical glimpse’ of the economy is provided, how Manipur’s ancient institutionalized labour system called the ‘lallup’ was transformed by the British rule into a system of taxation in 1892, which followed the monetization of the economy. Funds, budgets, statistics and charts may be deceiving but the reality is that with poor infrastructure in terms of connectivity and lawlessness, the economy of Manipur is in doldrums. Thus “underdevelopment and insurgency’ has become two sides of the same coin. So it is the favourite and ‘opportunity to all the contestants to place before the electorate their agenda for economic development of the state” and thus to handle the insurgency related crisis through development and performance”.
The election records of the past beginning with the electorate college of 1952 are detailed meticulously till 2002, with appropriate tables of each election in the third chapter, ‘The Pre-election Heat’. As a prelude to 1952 election, with the enactment of the Manipur State Constitution Act of 1947, the first election in Manipur “took place in June-July 1948”. “It was a historic event, for, it was the first time ever election based on universal adult franchise soon after British had left”, four years ahead of India’s first general elections of 1951-52. With the merger of Manipur, as a part of Indian Union, the first election as part C state was “held in 1952 as per the provisions of Indian constitution and on party line”. “The electorate college was converted into Territorial Council on January 1, 1957” and elections as Territorial Council were held in 1962 & 1972. In 1972, “the status of statehood was conferred upon Manipur 23 years of its formal merger. Since then Manipur had held eight elections in 1972, 1974, 1980, 1984, 1990, 1995, 2000 & 2002.
Certain features of the elections trends are visible in these elections. “The most striking aspect of election trend in Manipur is the low polling in favour of regional parties”. Another aspect is with high percentage turnout of women voters, in every elections, and dismal performances of women contestants. The reasons according to the authors for the high turnout is due to “the presence of women in all walks of life”, and “because of the air of festivity on the day of the poll (where) women would like to make their presence felt with their best attire”. And on the reason why women fail miserable, in the land of Meira Paibis, is because “ they (women voters) are prone to be influenced by the male members of the family to caste in favour of candidates on the latter’s choice, in which female members have the least to say”.
With the announcement of election dates, there was hectic rush for party tickets to contest the election, especially most of the contestants seeking the Congress tickets. One of the most important reasons was Congress was the ruling party at the centre as well as in the state. Congress means the age-old tried and tested party with dynastic inheritance. So Congress could utilize most resources – money as well as manpower to retain the government. Naturally the contestants felt of a sure shoot victory if they contest with a Congress ticket. However, Congress was challenged this time in 2007 by a strong regional force led by Manipur People’s Party (MPP) and by United Naga Council (UNC), a flagship organization of National Socialist Council of Nagalim NSCN (IM).
The “Alliance formation and Issues” of election campaign used by the parties are detailed in chapter fourth. The MPP in 2007 was able to group together the regional forces under its banner and put up a strong challenge to the Congress Party. Another strong challenge was put up by UNC. These two regional parties worked in ‘diametrically opposite issues’ while the MPP its allies put up the territorial integrity of the state, the UNC put up the Naga issue of NSCN (IM)’s long cherished dream of Nagalim, unification of all Naga inhabited areas of Manipur. “Too many issues obfuscated the electorate in the Assembly 2007 election … to bring out a list of issues for public consumption and for an action-oriented agenda to be perused, if its candidates are returned to Assembly”. Some of the important issues are; the question of Territorial Integrity of Manipur, on the withdrawal of the Armed Forces (Special Powers) Act 1958, solutions to the ongoing insurgency, the need to improve surface connectivity, establishment of Highway Protection Force, measures to tackle power shortage, rejuvenating the Rural Economy, on Industries, Trade and Commerce, materialization and benefits of India’s Look East Policy, quality in Education, Health, Women and Child Development, the issues of Minority, Other Backward Classes, Scheduled Castes/Scheduled Tribes, Art and Culture, Games and Sports and others. These issues are not common to all the parties and each party chose their priorities of one issue over the other. Some parties vigorously push forward on certain issue, while at the same issue another party chose to remain silent. This was the vistas opened to all the electorates and they would choose what they want that would make their mandate clear.
Based on these issues, the election campaign ‘began vigorously in later part of 2006, when the three important issues figured in public domain- viz, the demand for the repeal of AFSPA, the territorial integrity of the state and the need to sustain the current political stability for the all-round development of the state. The prelude to campaign (nominations), the campaign, star campaigners for each parties, poll related violence are discussed in the fifth chapter, ‘Campaign’. The theme on the role of Media, Militant groups during the campaign and the role of Civil Society are also discussed. “The nomination process traverses a tricky and slippery path… the new entrants in the election fray has to move from pillar to post, to impress the party hierarchy in order to get nominations’. The star campaigners for the Congress were, “the Congress President and UPA Chairperson Sonia Gandhi (who) came to Manipur twice for election campaigning” and the Prime Minister of India Dr. Manmohan Singh. Others were Oscar Fernandez, Union Minister and AICC General Secretary in charge of North East and Union Minister P.R. Kindiah. Regarding the involvement of militant groups during the campaign, NSCN (IM) got itself fully involved, starting from nomination, intimidation to “its dictatorial activities”.
The sixth chapter, ‘Decisive turnout and Mandate’ demonstrates people consciousness of electoral politics and their decisive mandate. “The turnout, as expected was high, though lower than that of 2002 by 3.65% but still significantly higher with 86.73%, out of which the female votes (86.82%) were higher than the male counterparts (85.88%). Election was held in three phases. The first phase, most sensitive ones where NSCN (IM) sponsored UNC’s strong hold, held on February 8, 2007 set the mood for the electorate whose turnout (88.95%) was a spectacular demonstration of faith of the overwhelming majority in parliamentary democracy. “The speculation was that the UNC supported candidates would sweep the elections in all the 11 constituencies, where it had stakes in political and demographic terms”. On the contrary only 6 UNC supported candidates could capture power.
The second phase of election on February 14 which covered most of the valley constituencies, predominantly inhabited by Meiteis reported a heavy turnout. And subsequently, “the final phase slated for February 23 (was) easy and resounding”. “The political consciousness among the voters was not only reflected in terms of heavy turnout but in the least instances of invalid voting; only 373 votes (0.03) were found invalid”. “The message was loud and clear. The people of Manipur have demonstrated… their strong faith in elections held under the provisions of constitution of India”. What is interesting is, “the secessionist forces, too joined the fray, and by implications registered their allegiance to the constitution and its operative mechanism...” This demonstrated the failure of regionalism and triumph of nationalism.
The argument that “regionalism has hardly any future in Manipur led to hypothesize that the Assembly elections in 2007 had given a decisive mandate on two issues, the first is the rejection of the concept of Nagalim even in Naga inhabited areas”. This according to Prof. Gangmumei Kamei, “was a kind of referendum against the issue of Nagalim and for the territorial unity and integrity of the state of Manipur”. Second, “the 2007 elections rejected decisively the idea of sovereign state of Manipur and accepted the merger of the state with the union of India 58 years back as a fait accompli”. On the issue of the failure of regional parties under MPP, “the victory of the Congress exposes the weakness of opposition parties - both national and regional”. However, “the most notable reason for the failure is that the common people suspected the political steadfastness and integrity of the leaders of MPP”, who “were compulsive floor-crossers and deserters”.
The book concludes that in a federal “structure like that of India, the federating states enjoys enormous powers”. The elections of 2007, “is a clear indication (by the participation) of the commoners’ allegiance to the constitution of the country”. This verifies the hypothesis that; people voted Congress and brought them back to power (earning 30 seats out of 60 seats) because only Congress could provide a stable government in Manipur shown for the first time in 2002 elections, that too since 1967. But another thing that one should keep in mind is that the Anti-Defection Law was also one of the main reasons. Second is that NSCN (IM)’s threat to “free and fair elections” was won over by the people’s mandate. Third the “rally of regional sentiment” was routed as they could registrar only 5 seats out of 36 seats contested. Then AFSPA receded in the background and the issue of development gathered momentum as electioneering reached the peak. “To state precisely the issue of development, so intrinsically associated with the political stability in the state, sidelined the other two (Nagalim and AFSPA) politically charged issues”.
This book represents the class in its own. What is exceptional is the detailed history of election politics, the narrative as well as the analytical profiles of all the elections ever held in the state. The philosophical deduction on what guides the consciousness of the electorate is the realities of underdevelopment intertwined with political instability. This is intrinsically related with the issue of insurgency and its fallouts like AFSPA and Nagalim. To the outside world, the issue of AFSPA and Nagalim seems to have preoccupied the states, but in the minds of the people, it was stability and development, “the popular mandate was decisive for stability and development, and hence much needed change in the political culture of the state … the perspective of the state actors need orientation. It has to engage in a paradigm shift from security obsession to development commitment... the policy makers need to prioritize the development agenda over security agenda.
‘AFSPA & Nagalim’ exist in the ideological plane of the people of the state but the material conditions of the society guided the consciousness of the people and hence manifested itself in the ‘stability and development’ of the state.
The author can be contacted at: iscorpio@live.com
By Abu Nasar Saied Ahmed, Elizabeth Devi Kh, Maqbul Ali & Ratna Bhuyan, Omeo Kumar Das Institute of Social Change and Development & Akansha Publishing House, New Delhi, 2008, 222 pp., Rs 700. ISBN 978-81-8370-173-0
Electoral politics, the ideas and actions behind the process of choosing by vote among candidates to govern the state is a vital part of the democratic functioning of the state. In this regard one can say that the higher the level of electorate politics, the more conscious the electorates are. And what guides the consciousness for active electorate politics, the factors are multifaceted, and are peculiar to that society. Manipur by the sheer percentage of turnout in every election, sometimes over 90% and on an average above 80% can safely be put to a level of highly sensitive voters. This is to say that there is a high level of political consciousness in the state.
Before one starts to analyze what determines the consciousness of the electorates of Manipur as to put forward a clear mandate (for change) as projected by the voters in this book, one needs to know certain particulars about the working of democracy in the larger context as in India, and where Manipur fits in that context. Basically, India was blessed with the nation and the form of governance with the coming of the British colonial rule. The legacy of the parliamentary form of government still continues, though it had its share of challenges. In the recent past the struggle for power between the Indian National Congress and the All India Muslim League led to the division of British India into India and Pakistan. Further the new India was challenged by some princely states that were reluctant to join the Indian union. When persuasions failed and with no alternatives acceptable to the Government of India, it used an iron hand in integrating the princely states to the Indian union.
The trauma of these challenges, three wars with Pakistan and internal armed conflicts, is still reflected in the working of the Indian Democracy, India have become a highly centralized democratic country. Another feature of Indian democracy is the dynastic dominations in the political leaderships, prevalent in South Asia. Thus the manifestation and operationalization of Indian democracy became a mixture of Indian values of caste/hegemonic domination with liberal western thoughts. Since Manipur functions as a unit within the larger context of Indian democratic setup, it has its reflections. Even for choosing a leader in the Congress party of Manipur, it has to take the permission and so blessings from the high commands in New Delhi. This is not just the symptoms within the party but affects the electorates too, that’s why in the elections of 2007 one could witness the rush of the big ‘star’ campaigners of the Congress party.
It is important to understand to material conditions of the society that would determine the consciousness of the people and thus what their mandate is. The book in the introduction gives a ‘Panoramic view of Manipur’. Describing the geography of the state, it starts with ‘Switzerland of the east’, quoted by Jawaharlal Nehru. The demography of the state is profiled in an excellent manner with tables which includes ‘Religion-wise percentage of population in Northeast’, Percentage ‘District-wise breakup of Religious composition of the Population of Manipur’, ‘District-wise distribution of Population of Manipur’ besides the ‘Basic Demographic Statistics of Manipur’. What is interesting or more pertinent for the analysis of the mandate is ‘The Political Scenario’. Here the historical events that have shaped Manipur as it is now are summed up in brief. Some of the important events are; the uninterrupted Dynastic rule of the Ningthouja clan, ‘76 kings’ from 33 AD till 1891, as a sovereign independent kingdom in South Asia, the events of 1891, when Manipur lost her sovereignty and became a part of British India, the (imposition) of the Treaty of Yandaboo in February 24, 1826 when Manipur lost the Kabaw Valley to Burma, (still nostalgic to the hearts of the people). Then the sequences of events that led to present status like, the regaining of ‘sovereignty’ from the British rule, the Manipur State Constitution Act of 1947, the controversial Merger (annexation) of Manipur in 1949 are discussed.
The ‘Politics of Defection in Manipur’ discusses the events of floor-crossing, horse-trading that began by 1963. “In a span of 35 years (1967 – 2002) Manipur has seen eight Chief Ministers” and “as many as 25 ministries”, is a clear indication of the fluidity of the political situation in Manipur. What is interesting is that “none of them (Chief Ministers) completed full terms”. ‘A brief history of insurgency in Manipur’ explains the causes and consequences, like the imposition of Armed Forces (Special Powers) Act 1958 and the question of Nagalim. The causes of insurgency are inextricably related with the historical events like that of 1947 and 1949. Though the seeds of insurgency were sown in the 50’s, the period beginning 70’s is regarded to be the beginning of the armed struggle against the Indian state, “… Maoist guerrilla fighters… India’s first spell of urban insurgency and Asia’s second, after Saigon”. UNLF (United National Liberation Front) was formed in 1964, followed by PLA (People’s Liberation Army) in 1978, now more than 30 insurgent outfits operate in Manipur. This explains the grave situation of the state. As a reaction to the rise of insurgents, the Government of Manipur declared Manipur as Disturbed Area in 1890 and imposed the infamous Armed Forces (Special Powers) Act 1958 that gave rise to the question of human security in the state.
Though the cause of insurgency is linked with the historical development, what sustains insurgency, to many analysts is underdevelopment that dogged the region, including Manipur. The second chapter on the ‘Economy of Manipur’ details the deteriorating state of the economy which is a reflection of its underdevelopment. ‘A historical glimpse’ of the economy is provided, how Manipur’s ancient institutionalized labour system called the ‘lallup’ was transformed by the British rule into a system of taxation in 1892, which followed the monetization of the economy. Funds, budgets, statistics and charts may be deceiving but the reality is that with poor infrastructure in terms of connectivity and lawlessness, the economy of Manipur is in doldrums. Thus “underdevelopment and insurgency’ has become two sides of the same coin. So it is the favourite and ‘opportunity to all the contestants to place before the electorate their agenda for economic development of the state” and thus to handle the insurgency related crisis through development and performance”.
The election records of the past beginning with the electorate college of 1952 are detailed meticulously till 2002, with appropriate tables of each election in the third chapter, ‘The Pre-election Heat’. As a prelude to 1952 election, with the enactment of the Manipur State Constitution Act of 1947, the first election in Manipur “took place in June-July 1948”. “It was a historic event, for, it was the first time ever election based on universal adult franchise soon after British had left”, four years ahead of India’s first general elections of 1951-52. With the merger of Manipur, as a part of Indian Union, the first election as part C state was “held in 1952 as per the provisions of Indian constitution and on party line”. “The electorate college was converted into Territorial Council on January 1, 1957” and elections as Territorial Council were held in 1962 & 1972. In 1972, “the status of statehood was conferred upon Manipur 23 years of its formal merger. Since then Manipur had held eight elections in 1972, 1974, 1980, 1984, 1990, 1995, 2000 & 2002.
Certain features of the elections trends are visible in these elections. “The most striking aspect of election trend in Manipur is the low polling in favour of regional parties”. Another aspect is with high percentage turnout of women voters, in every elections, and dismal performances of women contestants. The reasons according to the authors for the high turnout is due to “the presence of women in all walks of life”, and “because of the air of festivity on the day of the poll (where) women would like to make their presence felt with their best attire”. And on the reason why women fail miserable, in the land of Meira Paibis, is because “ they (women voters) are prone to be influenced by the male members of the family to caste in favour of candidates on the latter’s choice, in which female members have the least to say”.
With the announcement of election dates, there was hectic rush for party tickets to contest the election, especially most of the contestants seeking the Congress tickets. One of the most important reasons was Congress was the ruling party at the centre as well as in the state. Congress means the age-old tried and tested party with dynastic inheritance. So Congress could utilize most resources – money as well as manpower to retain the government. Naturally the contestants felt of a sure shoot victory if they contest with a Congress ticket. However, Congress was challenged this time in 2007 by a strong regional force led by Manipur People’s Party (MPP) and by United Naga Council (UNC), a flagship organization of National Socialist Council of Nagalim NSCN (IM).
The “Alliance formation and Issues” of election campaign used by the parties are detailed in chapter fourth. The MPP in 2007 was able to group together the regional forces under its banner and put up a strong challenge to the Congress Party. Another strong challenge was put up by UNC. These two regional parties worked in ‘diametrically opposite issues’ while the MPP its allies put up the territorial integrity of the state, the UNC put up the Naga issue of NSCN (IM)’s long cherished dream of Nagalim, unification of all Naga inhabited areas of Manipur. “Too many issues obfuscated the electorate in the Assembly 2007 election … to bring out a list of issues for public consumption and for an action-oriented agenda to be perused, if its candidates are returned to Assembly”. Some of the important issues are; the question of Territorial Integrity of Manipur, on the withdrawal of the Armed Forces (Special Powers) Act 1958, solutions to the ongoing insurgency, the need to improve surface connectivity, establishment of Highway Protection Force, measures to tackle power shortage, rejuvenating the Rural Economy, on Industries, Trade and Commerce, materialization and benefits of India’s Look East Policy, quality in Education, Health, Women and Child Development, the issues of Minority, Other Backward Classes, Scheduled Castes/Scheduled Tribes, Art and Culture, Games and Sports and others. These issues are not common to all the parties and each party chose their priorities of one issue over the other. Some parties vigorously push forward on certain issue, while at the same issue another party chose to remain silent. This was the vistas opened to all the electorates and they would choose what they want that would make their mandate clear.
Based on these issues, the election campaign ‘began vigorously in later part of 2006, when the three important issues figured in public domain- viz, the demand for the repeal of AFSPA, the territorial integrity of the state and the need to sustain the current political stability for the all-round development of the state. The prelude to campaign (nominations), the campaign, star campaigners for each parties, poll related violence are discussed in the fifth chapter, ‘Campaign’. The theme on the role of Media, Militant groups during the campaign and the role of Civil Society are also discussed. “The nomination process traverses a tricky and slippery path… the new entrants in the election fray has to move from pillar to post, to impress the party hierarchy in order to get nominations’. The star campaigners for the Congress were, “the Congress President and UPA Chairperson Sonia Gandhi (who) came to Manipur twice for election campaigning” and the Prime Minister of India Dr. Manmohan Singh. Others were Oscar Fernandez, Union Minister and AICC General Secretary in charge of North East and Union Minister P.R. Kindiah. Regarding the involvement of militant groups during the campaign, NSCN (IM) got itself fully involved, starting from nomination, intimidation to “its dictatorial activities”.
The sixth chapter, ‘Decisive turnout and Mandate’ demonstrates people consciousness of electoral politics and their decisive mandate. “The turnout, as expected was high, though lower than that of 2002 by 3.65% but still significantly higher with 86.73%, out of which the female votes (86.82%) were higher than the male counterparts (85.88%). Election was held in three phases. The first phase, most sensitive ones where NSCN (IM) sponsored UNC’s strong hold, held on February 8, 2007 set the mood for the electorate whose turnout (88.95%) was a spectacular demonstration of faith of the overwhelming majority in parliamentary democracy. “The speculation was that the UNC supported candidates would sweep the elections in all the 11 constituencies, where it had stakes in political and demographic terms”. On the contrary only 6 UNC supported candidates could capture power.
The second phase of election on February 14 which covered most of the valley constituencies, predominantly inhabited by Meiteis reported a heavy turnout. And subsequently, “the final phase slated for February 23 (was) easy and resounding”. “The political consciousness among the voters was not only reflected in terms of heavy turnout but in the least instances of invalid voting; only 373 votes (0.03) were found invalid”. “The message was loud and clear. The people of Manipur have demonstrated… their strong faith in elections held under the provisions of constitution of India”. What is interesting is, “the secessionist forces, too joined the fray, and by implications registered their allegiance to the constitution and its operative mechanism...” This demonstrated the failure of regionalism and triumph of nationalism.
The argument that “regionalism has hardly any future in Manipur led to hypothesize that the Assembly elections in 2007 had given a decisive mandate on two issues, the first is the rejection of the concept of Nagalim even in Naga inhabited areas”. This according to Prof. Gangmumei Kamei, “was a kind of referendum against the issue of Nagalim and for the territorial unity and integrity of the state of Manipur”. Second, “the 2007 elections rejected decisively the idea of sovereign state of Manipur and accepted the merger of the state with the union of India 58 years back as a fait accompli”. On the issue of the failure of regional parties under MPP, “the victory of the Congress exposes the weakness of opposition parties - both national and regional”. However, “the most notable reason for the failure is that the common people suspected the political steadfastness and integrity of the leaders of MPP”, who “were compulsive floor-crossers and deserters”.
The book concludes that in a federal “structure like that of India, the federating states enjoys enormous powers”. The elections of 2007, “is a clear indication (by the participation) of the commoners’ allegiance to the constitution of the country”. This verifies the hypothesis that; people voted Congress and brought them back to power (earning 30 seats out of 60 seats) because only Congress could provide a stable government in Manipur shown for the first time in 2002 elections, that too since 1967. But another thing that one should keep in mind is that the Anti-Defection Law was also one of the main reasons. Second is that NSCN (IM)’s threat to “free and fair elections” was won over by the people’s mandate. Third the “rally of regional sentiment” was routed as they could registrar only 5 seats out of 36 seats contested. Then AFSPA receded in the background and the issue of development gathered momentum as electioneering reached the peak. “To state precisely the issue of development, so intrinsically associated with the political stability in the state, sidelined the other two (Nagalim and AFSPA) politically charged issues”.
This book represents the class in its own. What is exceptional is the detailed history of election politics, the narrative as well as the analytical profiles of all the elections ever held in the state. The philosophical deduction on what guides the consciousness of the electorate is the realities of underdevelopment intertwined with political instability. This is intrinsically related with the issue of insurgency and its fallouts like AFSPA and Nagalim. To the outside world, the issue of AFSPA and Nagalim seems to have preoccupied the states, but in the minds of the people, it was stability and development, “the popular mandate was decisive for stability and development, and hence much needed change in the political culture of the state … the perspective of the state actors need orientation. It has to engage in a paradigm shift from security obsession to development commitment... the policy makers need to prioritize the development agenda over security agenda.
‘AFSPA & Nagalim’ exist in the ideological plane of the people of the state but the material conditions of the society guided the consciousness of the people and hence manifested itself in the ‘stability and development’ of the state.
The author can be contacted at: iscorpio@live.com
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