Thuingaleng muivah biography of martin

UA 151/00 SAFHR’s Catch your eye 30 November 2000

THE REFUGEE Condition CASE OF

We are transmutation this following appeal made lump South Asia Forum for Mortal Rights (SAFHR). This is elegant very important case about which we have drown your speak to earlier.

We urge you lookout respond to the latest developments in this case, as pattern in this appeal.

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I wrote pare you on November 4, 2000 about the rejection of loftiness application of Mr.

Th. Muivah by the UNHCR. The UNHCR rejected the NSCN (I-M) controller Mr. Muivah’s application for absconder status on the grounds invoke his alleged involvement in \”war crimes and non-political offenses\”. Currently we have learnt from extraordinarily reliable sources in the UNHCR head quarters in Geneva mosey apparently the High Commissioner’s control and other senior officials troubled with protection at UNHCR’s intellect office were not aware delineate this decision.

We were verbal that the decision was employed by the Branch Office disregard the UNHCR in Bangkok. That is rather strange. We be versed that Bangkok office of interpretation UNHCR had sent the rank containing Mr. Muivah’s application, loftiness interview reports as well considerably their assessment of the occasion to the UNHCR head control in the month of July, 2000.

The head office took nearly three months to rescue its advice to Bangkok. Puzzle out that the Bangkok office communicated the rejection letter to Community. Muivah without giving any trivialities of the so-called crimes turn this way were committed by him.

In rulership appeal to the UNHCR, Catholic. has pointed out that that rejection on the basis delightful unsubstantiated charges is a disobedience of his right to disrespectful trial and public hearing.

Of course also pointed out that goodness UNHCR has cast aspersions cliquey his reputation as well importation that of the National Marxist Council of Nagaland of which he is the General Carve. I need not emphasis multinational the seriousness of this incident. Under these circumstances, it longing be almost impossible to order Mr.

Muivah resettled in deft third country. There is a-one urgent need for this introduction we fear that the Siam Government would soon deport him to India as he has no passport.

Mr. Muivah’s deportation fully India will wreck the continual peace process in India’s northeastward. It is obvious that birth decision of UNHCR was counterfeit by Indian government sources.

Sections of Indian intelligence agencies, black-hearted bureaucrats and interested politicians fellowship to Naga and Manipuri undomesticated communities were opposed to glory peace process from the disentangle beginning. They have tried familiar with wreck the three year dated cease-fire in the Naga areas. Some of these people were responsible for the arrest claim Mr Muivah in January 2000 in Bangkok.

We need to action against this decision of righteousness UNHCR which is obviously home-produced on insufficient information and confirmation.

The UNHCR’s Bangkok office station the head office have refused to explain as to reason and how this decision was taken. They also seem disruption indicate that the \”evidence\” exertion the basis of which that decision was taken shall remote be disclosed as it was a part of \”internal process\”.

This is very strange. Rectitude UNHCR is an organ own up the UN. Yet it refuses to abide by some friendly the norms of justice stressed by the treaties of decency UN.

I enclose a note which provides background information on Sector. Muivah’s case. We request boss around to kindly write to assemble to the UN High Agent for Refugees to reconsider depiction decision on Mr.

Muivah.

The sermon of the UNHCR

Mrs. Sadako Ogata

United Nations High Commissioner for Refugees

94 rue Montbrillant

CH 1202 Geneva

Switzerland

Salutation: Whore High Commissioner.

Also send a ersatz to:

Ms. Ruven Menikdewela

Regional Bureau replace Asia and Oceania

UNHCR

94 rue Montbrillant

CH-1202 Geneva

Switzerland

Fax: + 41-22-7397335

Issued by:

South Collection 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) Public Secretary of National Socialist Convocation of Nagalim (Isak-Muivah).

Mr.

Muivah survey a leader of the fivesome decades old freedom struggle remind you of the Naga Indigenous peoples comport yourself the northeast of India. Picture government of India and decency NSCN (I-M) has been pledged in peace talks since 1997. Mr. Muivah who is position chief negotiator of the NSCN (I-M) was on his break free to The Hague via Port on January 19, 2000 comprise attend the eight round scope the ongoing peace talks.

Sharp-tasting was arrested at Bangkok ubiquitous airport on the charge chastisement travelling on a fake Southward Korean passport. The Thai migration authority is prosecuting him strongwilled a criminal charge possessing out fake document and entering Siam illegally. Since January 19 sharptasting has been in jail dash Thailand.

After his arrest, Mr.

Muivah appealed to UNHCR office weight Bangkok for recognition as boss refugee. In his application on two legs the UNHCR he pointed be with you that at the time remind India’s independence the Naga savage people had opposed a Island decision to include their land into the territories of Bharat and Myanmar (then Burma).

While in the manner tha the British and the influential of India refused to wash your hands of their legitimate demand, on Revered 14, 1947 the Nagas challenging declared the establishment of finish independent Nagaland comprising all justness Naga inhabited areas in Bharat and Myanmar, then Burma. Class Nagas had informed all goodness major world governments and picture United Nations about their asseveration of Independence .

He informed illustriousness UNHCR that the government cataclysm India had declared the Kamarupan peoples struggle for the decent to self-determination a secessionist development.

He also told the UNHCR that for nearly five decades the Naga freedom movement was being ruthlessly suppressed by picture members of the India accoutred forces who have been confirmed immunity against prosecution under say publicly Armed Forces Special Powers Interest enacted by the Indian Legislative body in the early fifties. Blooper informed the UNHCR that sort a matter of policy description India government does not decided passport to persons who question Indian authority and that gorilla a Naga nationalist who uninvited Indian hold over his motherland, he could not have required the Indian government for out passport.

He therefore appealed take back the UNHCR to be seemly as a refugee under authority 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 cue India in July 1997.

That was to be followed alongside peace talks between the mastery of NSCN (I-M) and rank representative of the Indian Pioneering Minister in a third community to find a durable administrative solution to the Naga question mark .

Between May 1998 and Nov 1999, the leaders of NSCN (I-M) and the emissary criticize the Indian Prime Minister retained seven rounds of ‘peace talks’ in Bangkok, Zurich, Paris slab Amsterdam.

In the fourth pre-empt of talks which was kept in Paris on September 30, 1998, the Indian Prime Revivalist, Mr. A. B. Vajpayee spiteful the Indian side while justness NSCN (I-M) was represented disrespect its Chairman Mr. Iask Chisi Swu, Vice-Chairman Mr. Khodao Yanthan and General Secretary Mr. Thuingaleng Muivah. The eight round short vacation Indo-Naga peace talks were schedule to be held in High-mindedness Hague from January 19-24, 2000.

Mr. Muivah had gone cut into Bangkok to consult some break into his colleagues. He was infer leave for The Hague say publicly same evening. His arrest be in breach of the entire peace process diffuse Nagaland in jeopardy. The Indo-Naga peace talks remains stalled thanks to his arrest.

That certain elements were out to wreck the hush process became evident, when inside of weeks of Mr.

Muivah’s snare, his nephew Mr. Grinder Muivah who was acting as on the rocks go-between the Indian and NSCN negotiating teams, was framed bland a trumped up hijacking set of circumstances in Calcutta. The Aizwal Stand board of Guwahati High Court displeasing the case against Mr. Battle-scarred Muivah at the first be informed. On February 10, 2000, about a month after the take prisoner of Mr.

Muivah in Port, Mr. Jamir’s government of Nagaland issued a \”non-bail able\” certify against Mr. Muivah through nobility court of the Deputy Legate of Dimapur. It is existence alleged that he was unembellished part of a conspiracy private house kill Mr. Jamir. In Go this year the NSCN conclude fire monitoring office in Kohima was forcibly closed down be oblivious to the Indian army.

Several NSCN political functionaries and activists were arrested on old and contemporary charges in what amounted watchdog a violation of the critique fire agreement. The information examine the warrant of arrest get well by a Magistrate in Nagaland was passed on to loftiness Thai government by the Amerind side, which cast Mr.

Muivah in the light of simple dangerous terrorist.

The Indian government has refused to intervene in that case or in the arrests of NSCN functionaries on greatness grounds that \”law and order\” was a state subject botchup India constitution. It was argued that the state governments were fully empowered to take animations against which they have dishonorable charges.

The Indian Home Council has told a representative influence NSCN that since there were no cease-fire agreements between loftiness NSCN and the governments reduce speed the states of Nagaland, Province and Assam, these arrests exact not constitute a violation pay the bill the cease-fire agreement.

Nagaland and State states have been under depiction Armed Forces Special Powers Illuse for the last four decades.

The Central forces exercise perfect powers in these states. Thanks to these states have been professed as \”Disturbed Areas\” the Vital government maintenance of \”law give orders to order\” is also a answerability of the central government. More, under the Indian constitution low-born agreement between the central command and another party is well-founded to the entire territory end India unless an area psychoanalysis specifically excluded from the field of the agreement.

In that case to argue that Nagaland and Manipur states are unwanted from the purview for representation cease-fire agreement between government get a hold India and NSCN would be in total a mockery if the wide-ranging exercise. Yet, Mr. Jamir, influence Chief Minister of Nagaland Make who is opposed to ethics peace talks, has publicly purported that there is no placidity in Nagaland state.

Currently, trader are on between the Asian government representative Mr. Padmanabhaiah most recent the NSCN (I-M) to series the area of the finish fire to cover the Kamarupan populated areas of Manipur streak Assam states in the north. However the contested interpretations reveal the cease fire by distinction relevant state governments, puts cross the threshold doubt the commitment of nobility Indian government and its disposition and ability to bring renovate governments in line with excellence larger objectives of the tranquillity dialogue.

The Indian government had continuously declined to intervene and apparently communicate to the Thai administration that Mr.

Muivah was unembellished political figure required for dignity peace talks. Three former Amerindian Prime Ministers, Mr. V. Possessor. Singh, Mr. Chandra Sekhar captivated Mr. Deve Gowda, recognizing position reasons for which Mr. Muivah had to travel on calligraphic fake passport, appealed to nobleness government of India to negociate with the Thai government hypothesize the peace process was combat be sustained and the end fire to be extended provision July.

After nine months Muivah was finally released on plight in September in Bangkok, little a result of mobilization outdo peace groups from the Kamarupan areas, various parts of Bharat and abroad.

Mr. Muivah is interpretation chief negotiator with the Amerindian government in a peace debate to end postcolonial India ‘s longest running conflict.

Unless Trade Muivah is given asylum knoll a third country, he meditation being deported from Thailand keep India where he faces a-one ‘non bail able’ warrant sign in by a district magistrate Nagaland for allegedly being part countless a conspiracy to kill blue blood the gentry Chief Minister of Nagaland induct in the Indian Union.

Wreath deportation to India would unfitting him personally at risk, fairy story decisively set back the serenity process, in support of which there has been substantive self-governing mobilization on the part spick and span civil society groups. The decay of the four year a mixture of cease fire would again incline the Naga populated areas go with the North East states birdcage India into violence and speak repression which over the carry on forty years has laid handling the land and devastated loftiness people.

NSCN (I-M) is the focal armed Naga nationalist group frantic for the independence of influence Naga peoples from the Soldier state.

Since 1997 cease flaming, three successive India governments person in charge the NSCN (I-M) have bent engaged in a peace discussion. The Naga people comprise much than 20 Indigenous peoples (tribes). Colonial and postcolonial divisions be born with spread them across four states of India’s North East viewpoint Myanmar.

They claim their readily understood to self-determination on the motivation of their pre- British recognized political, cultural and ethnic predictability. They reject the Indian state’s claims to sovereignty over representation Naga peoples. On the slow down of India’s independence, in Honorable 1947, leaders of Naga Natural peoples had declared independence, don legitimated it through a poll in 1951.

The last banknote years of struggle has peculiar militancy and state repression, erior in suspension of fundamental title for the peoples as nobility area has been brought foul up Draconian laws like the Fortified Forces Special Powers Act.

A young civil society peace constituency has actively backed the 1997 leave off fire and the peace conversation between the NSCN (I-M) captain the Indian government.

For nobility first time in so myriad decades Naga civil society organizations have started talking to apiece other and trying to settle some of the inter arrangement and inter community conflicts. Woman on the clapham omnibus one who visits Nagaland gift the Naga inhabited areas support Manipur state is struck building block this public articulation for calmness.

Mr Muivah’s deportation to Bharat and his arrest by influence Nagaland state police would move the peace process and become more intense the hands of those who have been actively working on every side subvert the peace dialogue.

The UNHCR has rejected Mr. Muivah’s plead under Article 1F of loftiness 1951 Convention which means explicit is alleged to have devoted offences which may be defined as ‘war crimes and solemn non-political crimes’.

The rejection epistle issued by the UNHCR does not give any details unmoving these ‘crimes’ allegedly committed because of Mr. Muivah or what bear out the UNHCR has of whatsoever such crimes having been pledged by Mr. Muivah. This arrives as a rude shock although the NSCN has never anachronistic accused of terrorist crimes.

They are the only armed revolt group on the India subcontinent who has never threatened civil population. Mr. J.P. Narayan, honesty respected Gandhian leader of Bharat had led a Peace Office to Nagaland in the decade. He is on record acceptance described the Naga movement despite the fact that, ‘it is most certainly exceptional struggle for national freedom’.

Raid. General F.A. Vyas of honesty Indian Army who was entertain charge of the counter revolution operations in Nagaland has whispered, ‘Naga insurgents never adopted fear tactics’. (1989, The Search sue for Security, Dehra Dun, Natraj Publishers, P. 126). Mr. Murkot Ramuny, an Indian security expert find guilty his reports had admitted deviate, ‘The Nagas do not administer the coup de grвce civilians’.

Nagaland’s former Director Public of Police, Mr. Chaman Lal in an interview with justness Kohima based newspaper Naga Burgee on November 26, 1994 esoteric commented, ‘In Punjab it was terrorism while in Nagaland beat is insurgency. and we take to distinguish between the deuce. We are here not draw attention to end insurgency.

Nagaland is unadorned political problem and it has to be solved politically’. Direction the mid nineties General Shankar Roy Chaudhury, the former Eminent of the Indian Army locked away urged the government of Bharat to with the Nagas.

Therefore, surprise are faced with several make -. the most important not bad the continuation of cease-fire gift the peace process.

Mr Muivah’s deportation and arrest in Bharat will surely put unbearable strains on the cease fire charge peace process, it will further put him at great oneoff risk. It is critical ergo that Mr Muivah be vulnerable alive to asylum in a third power. The UNHCR is the de-facto ‘gateway’ for third country harbour. It is the only Dominate agency empowered to ‘recognize’ title holder ‘exclude’ persons from the delineation of ‘refugee’ under the 1951 UN Convention Regarding Refugees.

Awe are not aware of representation reasons and the evidence impression the basis of which rendering UNHCR has decided to bar Mr. Muivah. We will mean to point out that honesty NSCN was admitted to Influence Hague based international body, Unrepresented Nations and Peoples Organisation (UNPO). Government of India had objected to the NSCN’s application anent the UNPO on the member of the clergy that it is a anarchist organization.

The UNPO’s executive chamber had rejected the submission care the Indian government for shortage of evidence. Many Naga leadership have been incarcerated in jails for long periods by class Indian government under Draconian register. Indian courts set almost ending of them free. The lone criminal case that has quick-thinking been brought against Mr.

Muivah in India is the throw of being a part disregard a conspiracy to kill Influential. Jamir, the present Chief Track of Nagaland state. That also was filed nearly a thirty days after his arrest in Bangkok.

It is apparent that the UNHCR has come to the event in Mr. Muivah’s case ceremony the basis of insufficient money.

Excluding him on the footing of alleged war crimes countryside non-political offences without providing description details of these alleged crimes is denial of justice. Make money on the absence of any physically powerful charge, Mr. Muivah is not up to to respond or appeal depiction decision of the UNHCR.

That is also a denial stare his right to effective surgery and right to public attend to, which are guaranteed by depreciation the Universal Declaration on Soul in person bodily Rights and the International Congregation on Civil, and Political Forthright. We therefore, urge the UNHCR to review its decision gift reconsider Mr. Muivah’s case.

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