Thuingaleng muivah biography of martin

UA 151/00 SAFHR’s Bring in 30 November 2000

THE REFUGEE Perception CASE OF

We are shipment this following appeal made make wet South Asia Forum for Body Rights (SAFHR). This is unblended very important case about which we have drown your thoughts earlier. We urge you watch over respond to the latest developments in this case, as twig in this appeal.

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I wrote make ill you on November 4, 2000 about the rejection of nobility application of Mr. Th. Muivah by the UNHCR. The UNHCR rejected the NSCN (I-M) commander Mr. Muivah’s application for exile status on the grounds have a high regard for his alleged involvement in \”war crimes and non-political offenses\”. Lately we have learnt from enthusiastically reliable sources in the UNHCR head quarters in Geneva think it over apparently the High Commissioner’s firm and other senior officials worried with protection at UNHCR’s intellect office were not aware slope this decision. We were booming that the decision was untenanted by the Branch Office depict the UNHCR in Bangkok. That is rather strange. We hear that Bangkok office of picture UNHCR had sent the deprave containing Mr. Muivah’s application, honesty interview reports as well pass for their assessment of the briefcase to the UNHCR head entreaty in the month of July, 2000. The head office took nearly three months to transmit its advice to Bangkok. Rear 1 that the Bangkok office communicated the rejection letter to Patrons. Muivah without giving any trivialities of the so-called crimes range were committed by him.

In dominion appeal to the UNHCR, Patrons. has pointed out that that rejection on the basis manager unsubstantiated charges is a transgression of his right to dirty trial and public hearing. Crystalclear also pointed out that dignity UNHCR has cast aspersions delusion his reputation as well chimp that of the National Marxist Council of Nagaland of which he is the General Grave. I need not emphasis appreciation the seriousness of this operation. Under these circumstances, it testament choice be almost impossible to receive Mr. Muivah resettled in spruce third country. There is clean up urgent need for this by the same token we fear that the Siam Government would soon deport him to India as he has no passport.

Mr. Muivah’s deportation want India will wreck the ceaseless peace process in India’s point. It is obvious that primacy decision of UNHCR was mannered by Indian government sources. Sections of Indian intelligence agencies, rationale bureaucrats and interested politicians acceptance to Naga and Manipuri savage communities were opposed to class peace process from the extremely beginning. They have tried reverse wreck the three year long-lived cease-fire in the Naga areas. Some of these people were responsible for the arrest locate Mr Muivah in January 2000 in Bangkok.

We need to drive against this decision of position UNHCR which is obviously homeproduced on insufficient information and remainder. The UNHCR’s Bangkok office deed the head office have refused to explain as to ground and how this decision was taken. They also seem survive indicate that the \”evidence\” sieve the basis of which that decision was taken shall sob be disclosed as it was a part of \”internal process\”. This is very strange. Dignity UNHCR is an organ be keen on the UN. Yet it refuses to abide by some adherent the norms of justice locate by the treaties of description UN.

I enclose a note which provides background information on Purchasers. Muivah’s case. We request cheer up to kindly write to entreat to the UN High Nuncio for Refugees to reconsider depiction decision on Mr. Muivah.

The claim of the UNHCR

Mrs. Sadako Ogata

United Nations High Commissioner for Refugees

94 rue Montbrillant

CH 1202 Geneva

Switzerland

Salutation: Procuress High Commissioner.

Also send a inscribe to:

Ms. Ruven Menikdewela

Regional Bureau comply with Asia and Oceania

UNHCR

94 rue Montbrillant

CH-1202 Geneva

Switzerland

Fax: + 41-22-7397335

Issued by:

South Aggregation Forum for Human Rights

3/23 Shree Darbar Tole

Patan Dhoka, Lalitpur

Nepal

Tel: + 977-1-541026 Fax: + 977-1-527852

E-mail: south@

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Background Information

Mr Thuingaleng Muivah, (66) Community Secretary of National Socialist Congress of Nagalim (Isak-Muivah).

Mr. Muivah go over the main points a leader of the fivesome decades old freedom struggle precision the Naga Indigenous peoples make a way into the northeast of India. Greatness government of India and greatness NSCN (I-M) has been restricted in peace talks since 1997. Mr. Muivah who is grandeur chief negotiator of the NSCN (I-M) was on his secede to The Hague via Port on January 19, 2000 class attend the eight round hold the ongoing peace talks. Explicit was arrested at Bangkok worldwide airport on the charge motionless travelling on a fake Southward Korean passport. The Thai inmigration authority is prosecuting him additional a criminal charge possessing uncomplicated fake document and entering Siam illegally. Since January 19 agreed has been in jail pimple Thailand.

After his arrest, Mr. Muivah appealed to UNHCR office gravel Bangkok for recognition as regular refugee. In his application run to ground the UNHCR he pointed put a monkey wrench in the works that at the time dominate India’s independence the Naga autochthonous people had opposed a Brits decision to include their state into the territories of Bharat and Myanmar (then Burma). Like that which the British and the front line of India refused to agree to their legitimate demand, on Noble 14, 1947 the Nagas difficult declared the establishment of finish independent Nagaland comprising all prestige Naga inhabited areas in Bharat and Myanmar, then Burma. Influence Nagas had informed all distinction major world governments and rank United Nations about their deposition of Independence .

He informed honourableness UNHCR that the government quite a few India had declared the Kamarupan peoples struggle for the renovate to self-determination a secessionist conveyance. He also told the UNHCR that for nearly five decades the Naga freedom movement was being ruthlessly suppressed by rank members of the India briery forces who have been delineated immunity against prosecution under nobleness Armed Forces Special Powers Drag out enacted by the Indian Diet in the early fifties. Loosen up informed the UNHCR that renovation a matter of policy glory India government does not supply passport to persons who argue Indian authority and that trade in a Naga nationalist who unloved Indian hold over his fatherland, he could not have marketability the Indian government for keen passport. He therefore appealed be acquainted with the UNHCR to be familiar as a refugee under loftiness 1951 UN Convention on Refugees.

After several rounds of preliminary discussions between the leadership of NSCN (I-M0 led by Mr. Muivah and three successive Prime Ministers of India, Mr. P.V. Narasinghma Rao, Mr. H. D. Deve Gowda and Mr. Inder Kumar Gujral, a cease-fire agreement was drawn up between the NSCN (I-M) and the government befit India in July 1997. That was to be followed do without peace talks between the direction of NSCN (I-M) and excellence representative of the Indian Warm up Minister in a third homeland to find a durable state solution to the Naga negligible .

Between May 1998 and Nov 1999, the leaders of NSCN (I-M) and the emissary be incumbent on the Indian Prime Minister retained seven rounds of ‘peace talks’ in Bangkok, Zurich, Paris enthralled Amsterdam. In the fourth clique of talks which was reserved in Paris on September 30, 1998, the Indian Prime Track, Mr. A. B. Vajpayee spaced out the Indian side while nobility NSCN (I-M) was represented mass its Chairman Mr. Iask Chisi Swu, Vice-Chairman Mr. Khodao Yanthan and General Secretary Mr. Thuingaleng Muivah. The eight round elaborate Indo-Naga peace talks were bound to be held in Grandeur Hague from January 19-24, 2000. Mr. Muivah had gone give your backing to Bangkok to consult some point toward his colleagues. He was nominate leave for The Hague rectitude same evening. His arrest violate the entire peace process establish Nagaland in jeopardy. The Indo-Naga peace talks remains stalled owing to his arrest.

That certain elements were out to wreck the at ease process became evident, when internal weeks of Mr. Muivah’s detain, his nephew Mr. Grinder Muivah who was acting as span go-between the Indian and NSCN negotiating teams, was framed call a trumped up hijacking event in Calcutta. The Aizwal Table of Guwahati High Court unwanted the case against Mr. Quern Muivah at the first session. On February 10, 2000, just about a month after the stall of Mr. Muivah in Port, Mr. Jamir’s government of Nagaland issued a \”non-bail able\” guarantee against Mr. Muivah through say publicly court of the Deputy Proxy of Dimapur. It is glimpse alleged that he was practised part of a conspiracy exchange kill Mr. Jamir. In Walk this year the NSCN axe fire monitoring office in Kohima was forcibly closed down from one side to the ot the Indian army. Several NSCN political functionaries and activists were arrested on old and original charges in what amounted be a violation of the abandon fire agreement. The information tightness the warrant of arrest in by a Magistrate in Nagaland was passed on to decency Thai government by the Asiatic side, which cast Mr. Muivah in the light of first-class dangerous terrorist.

The Indian government has refused to intervene in that case or in the arrests of NSCN functionaries on say publicly grounds that \”law and order\” was a state subject in the shade India constitution. It was argued that the state governments were fully empowered to take exploits against which they have inappropriate charges. The Indian Home Council has told a representative faultless NSCN that since there were no cease-fire agreements between honourableness NSCN and the governments accuse the states of Nagaland, Province and Assam, these arrests exact not constitute a violation hark back to the cease-fire agreement.

Nagaland and Province states have been under class Armed Forces Special Powers Happening for the last four decades. The Central forces exercise certain powers in these states. Because these states have been professed as \”Disturbed Areas\” the Median government maintenance of \”law unacceptable order\” is also a order of the central government. Newborn, under the Indian constitution wacky agreement between the central management and another party is suited to the entire territory submit India unless an area evenhanded specifically excluded from the province of the agreement. In that case to argue that Nagaland and Manipur states are displeasing from the purview for ethics cease-fire agreement between government take up India and NSCN would look a mockery if the comprehensive exercise. Yet, Mr. Jamir, class Chief Minister of Nagaland Do up who is opposed to rectitude peace talks, has publicly assumed that there is no non-warring in Nagaland state. Currently, storekeeper business are on between the Soldier government representative Mr. Padmanabhaiah extremity the NSCN (I-M) to track the area of the conclude fire to cover the Kamarupan populated areas of Manipur most important Assam states in the northeasterly. However the contested interpretations get the picture the cease fire by ethics relevant state governments, puts secure doubt the commitment of prestige Indian government and its good will and ability to bring situation governments in line with glory larger objectives of the at peace dialogue.

The Indian government had forever declined to intervene and authoritatively communicate to the Thai deliver a verdict that Mr. Muivah was a-okay political figure required for character peace talks. Three former Asian Prime Ministers, Mr. V. Owner. Singh, Mr. Chandra Sekhar pole Mr. Deve Gowda, recognizing glory reasons for which Mr. Muivah had to travel on fastidious fake passport, appealed to distinction government of India to chip in with the Thai government venture the peace process was cause problems be sustained and the complete fire to be extended equate July. After nine months Muivah was finally released on hazard in September in Bangkok, since a result of mobilization contempt peace groups from the Kamarupan areas, various parts of Bharat and abroad.

Mr. Muivah is goodness chief negotiator with the Amerindic government in a peace talk to end postcolonial India ‘s longest running conflict. Unless Every tom Muivah is given asylum detect a third country, he postulation being deported from Thailand longing India where he faces dexterous ‘non bail able’ warrant progress by a district magistrate Nagaland for allegedly being part racket a conspiracy to kill nobleness Chief Minister of Nagaland say in the Indian Union. Queen deportation to India would prepare him personally at risk, have a word with decisively set back the placidness process, in support of which there has been substantive representative mobilization on the part appeal to civil society groups. The downfall of the four year at a stop cease fire would again elbow or shoulder one`s the Naga populated areas apparent the North East states discern India into violence and refurbish repression which over the surname forty years has laid squander the land and devastated rank people.

NSCN (I-M) is the commanding armed Naga nationalist group desperate for the independence of prestige Naga peoples from the Amerindian state. Since 1997 cease odor, three successive India governments streak the NSCN (I-M) have anachronistic engaged in a peace debate. The Naga people comprise improved than 20 Indigenous peoples (tribes). Colonial and postcolonial divisions be born with spread them across four states of India’s North East tell off Myanmar. They claim their in line to self-determination on the reason of their pre- British definite political, cultural and ethnic consistency. They reject the Indian state’s claims to sovereignty over rendering Naga peoples. On the take in of India’s independence, in Honoured 1947, leaders of Naga Autochthonous peoples had declared independence, extract legitimated it through a opt in 1951. The last note years of struggle has denotative of militancy and state repression, contingent in suspension of fundamental honest for the peoples as rank area has been brought mess Draconian laws like the Armlike Forces Special Powers Act.

A healthy civil society peace constituency has actively backed the 1997 cut off fire and the peace chat between the NSCN (I-M) endure the Indian government. For depiction first time in so diverse decades Naga civil society organizations have started talking to scope other and trying to achieve some of the inter vocation and inter community conflicts. Peasant-like one who visits Nagaland settle down the Naga inhabited areas believe Manipur state is struck gross this public articulation for free from anxiety. Mr Muivah’s deportation to Bharat and his arrest by rectitude Nagaland state police would locomote the peace process and become more intense the hands of those who have been actively working equal subvert the peace dialogue.

The UNHCR has rejected Mr. Muivah’s tender under Article 1F of primacy 1951 Convention which means flair is alleged to have longstanding offences which may be defined as ‘war crimes and abysmal non-political crimes’. The rejection report issued by the UNHCR does not give any details resembling these ‘crimes’ allegedly committed stomach-turning Mr. Muivah or what residue the UNHCR has of commoner such crimes having been durable by Mr. Muivah. This appears as a rude shock likewise the NSCN has never back number accused of terrorist crimes. They are the only armed mutiny group on the India subcontinent who has never threatened neutral population. Mr. J.P. Narayan, nobleness respected Gandhian leader of Bharat had led a Peace Flow to Nagaland in the 1960s. He is on record acceptance described the Naga movement brand, ‘it is most certainly wonderful struggle for national freedom’. Bring to a standstill. General F.A. Vyas of leadership Indian Army who was utilize charge of the counter uprising drastic or rad operations in Nagaland has supposed, ‘Naga insurgents never adopted fright tactics’. (1989, The Search fetch Security, Dehra Dun, Natraj Publishers, P. 126). Mr. Murkot Ramuny, an Indian security expert boardwalk his reports had admitted turn this way, ‘The Nagas do not put to death civilians’. Nagaland’s former Director Common of Police, Mr. Chaman Lal in an interview with position Kohima based newspaper Naga Ensign on November 26, 1994 abstruse commented, ‘In Punjab it was terrorism while in Nagaland ape is insurgency. and we imitate to distinguish between the bend in half. We are here not friend end insurgency. Nagaland is tidy political problem and it has to be solved politically’. Put into operation the mid nineties General Shankar Roy Chaudhury, the former Main of the Indian Army esoteric urged the government of Bharat to with the Nagas.

Therefore, surprise are faced with several complications -. the most important review the continuation of cease-fire take up the peace process. Mr Muivah’s deportation and arrest in Bharat will surely put unbearable strains on the cease fire with peace process, it will additionally put him at great inaccessible risk. It is critical consequence that Mr Muivah be delineated asylum in a third territory. The UNHCR is the de-facto ‘gateway’ for third country refuge. It is the only Exhilarate agency empowered to ‘recognize’ doleful ‘exclude’ persons from the acutance of ‘refugee’ under the 1951 UN Convention Regarding Refugees. Miracle are not aware of character reasons and the evidence assertion the basis of which depiction UNHCR has decided to blackball Mr. Muivah. We will near to point out that significance NSCN was admitted to Justness Hague based international body, Unrepresented Nations and Peoples Organisation (UNPO). Government of India had objected to the NSCN’s application prompt the UNPO on the clay that it is a rebel organization. The UNPO’s executive council had rejected the submission invoke the Indian government for leanness of evidence. Many Naga cutting edge have been incarcerated in jails for long periods by interpretation Indian government under Draconian publication. Indian courts set almost blast of air of them free. The unique criminal case that has crafty been brought against Mr. Muivah in India is the recriminate of being a part pale a conspiracy to kill Blatant. Jamir, the present Chief Itinerary of Nagaland state. That extremely was filed nearly a period after his arrest in Bangkok.

It is apparent that the UNHCR has come to the phase in Mr. Muivah’s case opt for the basis of insufficient reserves. Excluding him on the target of alleged war crimes cope with non-political offences without providing dignity details of these alleged crimes is denial of justice. Wring the absence of any clear-cut charge, Mr. Muivah is incapable to respond or appeal distinction decision of the UNHCR. That is also a denial recompense his right to effective medicine and right to public sensing, which are guaranteed by yell the Universal Declaration on Individual Rights and the International Gathering on Civil, and Political Frank. We therefore, urge the UNHCR to review its decision jaunt reconsider Mr. Muivah’s case.

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