Counter Insurgency Activities and Humanitarian Laws
in crisis:
Understanding
the experience of ULFA and Human Rights violation
Merrychaya
Patiri, Research Scholar, Deptt. Of Political Science, Gauhati University and
Pankaj Bora, Assistant Professor,
Bahona College, Jorhat
Introduction:
Human beings, by
virtue of being human, posses certain basic and inalienable rights, commonly
known as Human Rights. These rights are the pillars of human welfare and
prosperity. Basic human rights are so designed that they enhance the status of
individual in society. “These rights are essential for all the individuals as
they are consonant with their freedom and dignity and are conducive to
physical, moral, social and spiritual welfare."[1] As we
know all human beings are born free and equal in dignity and rights, therefore
Human Rights provide us safeguards which are considered essential for everyone
living in this earth. These are nothing but protection against the arbitrary
authority to the state. Human beings had been striving for many ages for
acquiring noble rights without which one’s life is meaningless and empty. When
ages are passing by, human being possesses the unique storage of reasoning and
from this logically follows the idea that basic right of individual is freedom
to choose. Therefore, Human Rights have a broader perspective and have supreme
importance. In this connection, human rights and human freedoms are
interrelated.
Human
Rights are backed by some national and international laws. Both in the national
and international sphere it is accepted that these are very essential for the
development of individual and society and so these need to be protected and
promoted for the welfare of the human beings. In India as well various
constitutional provisions are made to protect and promote Human Rights.
What
is called Human Rights violation?
In Indian
Constitution provisions like Preamble of the Constitution, Fundamental Rights,
and Directive Principles of State Policies etc. have tried to protect Human
Rights of Indian Citizens. In spite of all those arrangements we can see many
incidence of violation of Human Rights. Every morning, the news dailies carry
news which describes reports on the inhuman barbarities, terrible tales of
sadistic torture, illegal detentions, ruthless killings, fake encounters, ill
treatments on women and children and so on and so forth. The increasing
incidents of torture, inhuman barbarities have assumed such alarming
proportions that it is affecting the credibility of the Rule of Law and the
administration of criminal justice system. Killing innocent people, destroying
their property and creating an atmosphere of terror and fear in their minds
also violate the Human Rights of the innocent victims.
All
the people, in striving for social progress, seek wider perspectives for
providing certain conditions and opportunities without which its citizen cannot
lead a good life. These conditions and opportunities are in broad sense, known
as the rights of the citizens. After the establishments of the United Nations
Organization, on October 24, 1945, this was one of the most important issues.
Therefore the main purpose of the United Nations was promotion of economic and
social advancement of all the people of the world without discrimination on the
ground of race, sex and language or religion etc. The references to Human
Rights in the charter of the United Nations have provided the basis for
elaboration on the content of standards and of the machinery for implementing
protection of Human Rights.
What
is Humanitarian Law?
There are some
international laws to protect Human Rights. International Humanitarian Law is a
branch of those International Laws or Laws of Nations. This law governs
relation between members of the international community namely States.
International law is supranational, and its fundamental rules are binding on
all States. The goals of humanitarian law are to maintain peace, to protect the
human beings in a just order, and to promote social progress and freedom.
International Humanitarian law is called as the law of armed conflict. This law
was previously known as the law of the war. This law of armed conflict is a special
branch of law governing situation of armed conflict. The objective of
International Humanitarian Law is to mitigate the effects of war, first in that
it limits the choice of means and methods of conducting military operation and
secondly in that it obliges the belligerents to spare persons who do not or no
longer participate in hostile actions.
International
Humanitarian Law tries to ensure peaceful relations among peoples. It makes a
substantial contribution to the maintenance of peace that promotes humanity in
times of war. It prevents or at least hinders mankind’s decline to a state of
complete barbarity. From this point of view, respect for International
Humanitarian Law helps in laying the foundation on which a peaceful settlement
can be built once the conflict is over.
As
mentioned above, International Humanitarian Law is a special branch of law
covering situations of armed conflict. The expression ‘armed conflict’ appears
in Article 3 of the Geneva Conventions as far as non-international armed conflicts
i.e. a confrontation not between two states, but between the government and
rebel movement is concerned. There are some hard and fast fundamental rules of
humanitarian law of applicability in armed conflict.
Fundamental
Rules of Humanitarian Law applicable in armed conflicts[2]:
1.
Persons horse de combat and those who do
not take a direct part in hostilities are entitled to respect for their lives
and physical and moral integrity. They shall in all circumstances be protected
and created humanely without any adverse distinction.
2.
It is forbidden to kill or injure an
enemy who surrenders or who is hors de combat.
3.
The wounded and sick shall be collected
and cared for by the party to the conflict which has been in its power.
Protection also covers medical personnel, establishments, transports and
material. The emblem of the Red Cross (Red Crescent, red lion and sun) is the
sign of such protection and must be respected.
4.
Captured combatants and civilians under
the authority of an adverse party are entitled to respect for their lives,
dignity, personal rights and convictions. They shall be protected against all
acts of violence and reprisals. They shall have the right to correspond with
their families and to receive relief.
5.
Everyone shall be entitled to benefit
from fundamental judicial guarantees. No one shall be held responsible for an
act he has not committed. No one shall be subjected to physical or mental
torture, corporal punishment or cruel or degrading treatment.
6.
Parties to conflict and members of their
armed forces do not have an unlimited choice of methods and means of warfare.
It is prohibited to employ weapons or methods of warfare of a nature to cause
unnecessary losses or excessive suffering.
7.
Parties to conflict shall at all times
distinguish between the civilian population and combatants in order to spare
the civilian population and property. Neither the civilian population nor
civilian persons shall be the object of attack. Attacks shall be directed
solely against militarist objectives.
States attempt to end Insurgent Activities:
But
in reality, on the ground of Assam, absence of humanitarian law is seen.
Applicability of humanitarian law is curbed by security personnel. Since from
the last three decades, Assam has been witnessing the insurgent’s movements
regarding fulfilment of their different demands. Among them ULFA’s separatist
demands for ‘Independent Assam’ led to insurgency in Assam. The United
Liberation Front of Assam (ULFA) was founded in on 7th April, 1979
around the same time as the beginning of the ‘Assam Movement’.Retrospection of
history reveals that ULFA has a history of different insurgent activities and
the State always try to regulate insurgent groups with dominant acts and
militarist operations. ULFA was banned under the Unlawful Activities
(Prevention) Act [POTA] 1967. During the time of Presidents Rule on November
28, 1990 Operation Bajrang was conducted between September 1990 and April 1991.
Again Operation Rhino was first started on the September 14, 1991. The Armed
Forces were operating under the provisions of the two acts namely the Assam
Disturbed Area Act (TADA), 1995 and the Armed Forces Special Powers Act
(AFSPA), 1958 (as amended in 1972). ULFA established a chain of training camps
across the border in Myanmar and later in Bhutan. Many new cadres were trained
in these camps. To uproot these training camps, the Indian Army and Myanmar’s
armed forces jointly launched ‘Operation Golden Bird’ along their border in
April-May, 1995. During third operation, 50 militants were killed and huge
quantities of arms and ammunition were recovered.
Unified
Command Structure was set up on January 20, 1997. Setting up of (UCS) was a
part of counter insurgency operations when the AGP returned to power in the
State Legislature elections of May 1996. Human rights violation or human rights
abuse was immensely occurred during the operations conducted by army personnel
in Assam as the army has conducted massive search and arrest operations in
thousand villages in Assam. An international body “Asia Watch” renamed as
“Human Rights Watch Asia”, surveyed the abuse of human rights and reported a
survey report which said
“The
Indian Army has conducted massive Search and arrest operations in thousand
villages in Assam. Many victims of abuses committed during these operations are
civilians, often relatives or neighbours or young men suspected or militant
sympathies. Villagers have been threatened, harassed, raped, assaulted and
killed by soldiers attempting to frighten them to identifying suspected militants.
Arbitrary arrest and lengthy detention of young men picked up in these periodic
sweeps, or at random from their homes and from places to places are common,
detainees of the Armed Forces are regularly subject to the beatings and
torture. Death in custody had occurred as the result of torture again alleged
encounters and escaped attempts.” (Asia Watch 1993:1)[3]
The
report noted that this situation in Assam was severely curtailed and the human
rights activists and journalists were arrested for reporting on abuses. It also
said that militant groups were responsible for such human rights abuses as
bombings, kidnapping and the assassination of dissident ULFA members (Asia
Watch 1993)[4]
Every
years passed by, innocent civilians have been becoming victims of human rights
violation by the security personnel.
According to the National Human Rights Commission (NHRC) received six
cases of encountered deaths in Assam during the period of 1st April
2001to 31st March 2007. The report was obtained by Asian Centre for
Human Rights (ACHR) through the Right to Information act. On 12th
November, 2007, the State Government of Assam informed that the Security Forces
killed 2,210 members of Armed Operation Groups (AOG) and 226 Security Personnel
and 146 civilian had died in counter insurgency operation since 1990. In 2007,
Asian Centre for Human Rights (ACHR) documented several other cases of extra
judicial killings. Some of the examples are
1. Traders
Nilikesh Gogoi (30years) and Dulu Gogoi(36years) who were shot dead by security
personnel of the Central Industrial Security Forces petrol team at Geleki
Aathkhelia in Sivasagar district on 24th June 2007.
2. Family
members of Assamese artist Krishamoni Chutia were tortured by some army
personnel on the night of 10th January 2007
3. Seven
persons who were killed at Borali Bari near Mahmora in sivasagar district on 7th
January 2007.
Another
cases of human rights violation occurred when some persons had committed
suicide unable to bear the atrocities done by army personnel. There were five such
known cases:
1. Ajit
Medhi, Borbil, Digboi on 25th October, 1991
2. Abhijit
Kumar Phukan, Sivasagar, 26th October, 1991
3. Manoranjan
Haloi, Belsor Nalbari, 25th November, 1991
4. Ranjit
Borgohain, Golaghat 3rd November, 1991.[5]
All
the provisions of Geneva Conventions and the Additional Protocols hinge on the
two concepts viz, ‘Combatants’ and ‘Protected Persons’. These two notions are
not mutually exclusive. A combatant can easily become a protected person (When
he is wounded and surrenders, or taken as Prisoners of War) without losing
combatant status. The general civilian population is distinguished from the
combatants to spare the life and property of the civilians. During the all
operations done in Assam against the insurgent groups, the lives of civilian
people were in danger by beating, arbitrary arrest etc. Women are the most
vulnerable victims during the time of Bajrang and Rhino operations. The women
suffered by sexual molestation, rape and murder in many villages. The news of
rape and murder of women caught eye of people. The rape and murder of innocent
Raju Baruah and Bhanimai Dutta were the heart hitting barbaric incidents
perpetrated by security personnel of that time of Rhino operation. In the
situation of conflict the most critical element of disadvantage suffered by
women is violence. Violence is both a disadvantage as well as effect prolonged
conflict on lives of women. The effects of violent acts like rape, sexual
abuse, and the physical assaults are resulted in deep psychological and
emotional trauma and very high levels of post trauma disorders.
Some personal case studies:
These
personal case studies were confined to only in the area of Charaideo
sub-division of Sivasagar distirct, Assam. The head quarter of Charaideo
sub-division is Sonari. The Sonari town has border link with neighbouring state
Nagaland. The pastoral road which connected from Dibrugarh district via Moran
town to Nagalnd is used as safe corridor by the armed organizations. The
organisational activities by armed organisation ULFA is very strong in
Charaideo sub-division and myriad of villages and towns under it. The most of
the ULFA leaders are hailing from the different villages under the Charaideo
sub-division. The so called chairman of ULFA, Arabinda Rajkhowa is hailing from
Lakuwa, situated at this sub-division; likewise the vice-president of ULFA,
Pradip Gogoi and another leader Ramu Mech are also hailing from here.
This
connection between ULFA and Charaideo sub-division leaded to joining of youths
here to the armed insurgent group.
1. Victim:
Monoranjan Bora, village: Khamon gaon (Rangabam)
The
victim Monoranjan Bora’s crime was that he was the elder brother of one ULFA
cadre named Achintya Gogoi alias Phulphuli alias Raju Bora. Achintya Bora was
killed brutally by army personnel in an encounter at Aaideokathoni on 29th
February 2008 under Sonari Police Station. Monoranjan Bora was very often put
to the army camp and harassed mentally and physically by asking about their
brother. There was no any time schedule of raid by army or police. In such a
circumstance, their old father fell into paralysis in 2002. Even, one police
officer from Kakotibari Police Station often came their house and he demanded
money otherwise threatened him to throw in to the lock-up.
2. Victim:
Nirmal Konwar and prabin Konwar, village: No. 1 Konwar Gaon (Mahmora)
These
two elder brothers of ULFA cadre named Lohit Konwar alias Debojit Konwar had
recalled the days as ill-fated days when they had to face the army atrocities.
The whole family had to hide in the time of raid during Bajrang and Rhino
operation. There was no time schedule for raiding. These two brothers were
thrown into lock-up for several times. They were demanded ransom money by
police officer. Whenever they faced with army either in paddy field or at home,
army personnel beat them up very brutally. Their younger brother Lohit Konwar
was Sergeant Major in 28th Battalion and he was shot dead in an
encounter by security personnel at Dafla near Borhat under Sonari Police
Station.
3. Victim:
Khagen Gogoi, village: No. 1 Konwar Gaon (Mahmora)
Khagen
Gogoi was an ordinary farmer in the village, he had no connection with any ULFA
cadre, but he was beaten up brutally by army personnel in the name of raid and
patrolling.
4. Victim:
Abhiram Gogoi, village: Egharagharia
He
is an example of common people tortured by army personnel in suspect of link
with ULFA and giving shelter to ULFA. Army harassed him for many a time by
physically and mentally interrogating him during Bajarang Operation.
5. Khireswar
Bharalua, village: Egharagharia
The
family of Khireswar Bharalua is a burning example of victim of armed conflict.
In his house ULFA took shelter by force hence two ULFA cadres were killed in an
encounter happened at their home. The incident took place on 6th
December, 2008. The time was 4.30 a.m. in the morning. Khireswar Bharalua with
his spouse was working in their paddy field. The group of four cadres asked
them to give shelter but the couple denied to give shelter them as they did not
want any danger to their children. But the group forcibly stayed at their
house. They ordered Bharalua’s wife to cook food for them. At 2.30 p.m., the
army surrounded their house. The army announced them to surrender. But the ULFA
group started firing on the army hence latter too started firing. In the cross
firing, the young daughters were escaped from death anyhow. After four hours of
cross firing, two of the four ULFA groups able to escape and two of them were
held by the army personnel. These two ULFAs held by the army personnel were
brutally killed on the spot. Army beat up Bharalua red and blue on the spot
too. In the night, police came and take the couple to the Kakotibari Police
station and in the police station OC interrogated them very cruelly. They were
mentally tortured by the OC. The couple were forced to sign in a blank paper.
The poor couple had to give the demanded money by the OC.
6. Victim:
Tankeswar Khamon, village: No. 1 Nirmalia
Tankeswar
Khamon’s younger brother Nabajyoti Khamon was an ULFA cadre and he was killed
in an ambush at Saraguri Chapori and the family got his decomposed body given
by the army. Tankeswar Lahon was the victim of army atrocities during their
brother’s presence in the armed outfit. Army personnel harassed them mentally
and physically.
7. Victim:
Ratna Khamon, village: No. 1 Nirmalia
Late
Pona Khamon was the teacher in nearby ME school. His widow Ratna Khamon told us
in a grip mood how his husband was tortured physically and mentally for many
times at army camp on the basis of suspicion. Army suspected him that he gave
shelter to ULFA, and notably he was uncle of Nabajyoti Khamon.
Limitations of humanitarian Law:
The
human rights violation in Assam has been the fall out of the insurgency turned
terrorism of the insurgent groups. Three decade long insurgency by the ULFA has
created threaten to the lives of people in general. Humanitarian law and human
rights have different existence. Both have developed separately. The difference
between humanitarian law and human rights are that human rights set limit to
the power of the State with respect to all persons subject to its authority,
including nationals. On the other hand, international humanitarian law is a
special law and it is applied only in the times of war. No doubt it bridges the
human rights of persons. Human rights can be protected in conflict zones by
facilitating the works of humanitarian organizations. Media reveals the
distressing lack of proper respect for the law. The implementation of
humanitarian law in reality depends to a large extent on expectations based on
the notion of mutual understanding.
The
military leaders should follow a strict discipline. As respect for humanitarian
rules is an element of discipline. So, military should follow it. But
observance of humanitarian law is not merely a burdensome duty. Thus, it
depends on the interests of Commanders of the armed forces.
Conclusion:
In
conflict ridden Assam, Manab Adhikar Sangram Samiti (MASS) is the active
organisation enthusiastically working since its inception for protection of
civil rights apart from others. They are mainly concentrating on creating
protection and awareness through public meetings; sit in, publication of
newsletters etc. But the answer to the protection of human rights is no doubt
will get breakthrough when the permanent political solution to the peace
dialogue between government and ULFA happens in reality.
--------------------------------
References:
1. Baruah Sanjib “Durable
Disorder: Understanding Politics of North East India”, Oxford University Publication,
2005
2. Dhanbir Laishram, “North
East in Benethic Zone”, Akansha Publishing House, New Delhi, India
3. Gasser
Hans-Peter, “International Humanitarian
Law: An Introduction”, Henry Dunant Institute, 1993.
4. P.B. Rathod, “Focus
on Human Rights”, ABD, Jaipur, 2007.
5. PL
Sanjeev Reddy, “Peace and Development in
North East”, PC Shekhar Reddy Publication- A Mittal Publication, New Delhi
2007.
6. Bell
Christine and O'RourkeCatherine,” The People's Peace? Peace Agreements, Civil
Society, and Participatory Democracy”, International Political Science Review /
Revue internationale de science politique, Vol.28, No. 3 (Jun., 2007), pp.
293-324.
--------------------------
[2] Gasser Hans-Peter, “International Humanitarian Law: An Introduction”, Henry Dunant
Institute, 1993.
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