signed between the Dominion or Recognition must be given to the fact

Union of India and the indigenous that it has been so far, processes and June
peoples/nation of Manipur must be pressures of international organisations,
considered invalid by all prevalent such as the Working Group of the 2018
norms of international justice and United Nations that are contributing
customary law and according to the effectively, intrinsically and sometimes Volume II, Issue 2
provisions of Articles 49 and 52 of the solely, to the recognition and restoration
Vienna Convention on the Law of of indigenous peoples’ rights and INDIA’S CLANDESTINE WAR TACTICS AND
Treaties (1969). Recommendations fundamental freedoms.
pertinent to such cases, not described 144. The conclusions and
GROWING FRUSTRATION
in the study as a whole and therefore recommendations of the study, There has been a war, in Manipur, for some decades now, waged between Govern-
absent from the conclusions and therefore, need to be consistent with all ment and armed revolutionary forces. The former defends a capitalist empire and
recommendations of this study must be findings as well as lacunae the latter advocates liberation. In this war, to wipe out armed revolutionaries,
developed with participation of acknowledged by the Special Government seems to have authorised various overt and covert tactics. Covert
representatives of indigenous peoples Rapporteur. tactics possibly include propaganda
and included. and funding to distract revolutionary India’s Clandestine War Tactics
to be continued
143. The recommendations must course by way of creating confusion, and Growing Frustration.... 1
include reference to the need for just demoralisation and submission. Lots of Renewed Oil Exploration in
and effective international platforms fund are reportedly sanctioned to com- Manipur..., Jiten Yumnam... 5
for negotiation and arbitration. manding officers to pursue clandestine Roads after the Companies,
actions that may subsequently win away G. Amarjit Sharma.............. 8
For a Self Reliant Textile
potential revolutionary mass bases and
Economy of Manipur...
destroy legitimacy of armed liberation Bhubol Sougrakpam........... 12
movement. Many self-proclaimed revo- Terrorising and Humiliating
beyond the horizon lutionary cadres succumbed to it, they Nagas..., Veilou Veino......... 18
surrendered and became enemy of their Indian Racism Prevails on
Economic, Political and Social Views former comrades who are taking refuge Northeast…,
somewhere beyond the immediate reach Pfokrelo Kapesa.................. 21
of the Government. Interestingly, the A Pre-Decided Case..., PUDR.... 24
th
Editor policy of the Government and indi- CPDE Statement on the 5
Dr. Malem Ningthouja APFSD.................................. 30
vidual opportunism by certain com-
Successful session of the PPT
manding officers appear to be serving on Turkey and the Kurds,
Editorial Team one another. In other words, counter- Fidan Unlubayir................... 33
Chitaranjan Thoudam, Dr. Malem Ningthouja, revolution became lucrative for some Condemn Missile Attack by US
Somorendro Khangembam and Tiken Laishram opportunist sections who could utilise and its allies on Syria,
fund in any manner to fulfil twin objec- CPI(ML)-New Democracy.... 34
Views expressed in the articles are those of authors and not necessarily of tives of enforcing governance and ac- XXVI International Camp of
the Editorial Team cumulating personal prospects. A con- Democratic, Anti-Fascist
fession by Naib Subedar Ramesh Chand and Anti-Imperialist Youth.. 37
Published by Nileema Khangembam from Chingmeirong, Maning leikai, near Vodafone Criticism and Constructive
th
tower, Imphal East, Manipur 795005, and printed by her at Progressive Printers, A-21, Sharma of 30 Assam Rifles (attached
Submission … Part IV,
Jhilmil Industrial Area, G.T. Road, Delhi- 95. E-mail: editorbeyondthehorizon@gmail.com below), if holds true, would substanti- CORE.................................... 38
beyond the horizon June 2018 ate
Junethe2018
point. The confession, published
beyond the horizon
Rs. 20
by Imphal Free Press (IFP) in two edi-
tions, exposes victimisation of innocents
on one hand and a clandestine tendency
of building up auxiliary fifth columnists
to win the war. The confession, at the
same times, exposes self-inflicting frus-
tration gradually penetrating deeper
into amongst ranks and files, as a re-
sult of disproportionate sharing of war
spoils, funds and prospects. Ramesh
never registered an open protest when
he was directly or indirectly involved
in the charges that he would expose sev-
eral years later this year. His frustra-
tion and courage of confession also
suggest certain conflict of interest be-
tween paramilitary and military forces
on the issue of command or superior-
ity. But such confession needs to be con-
sidered seriously and addressed prop-
erly by the concerned authorities, as
built up frustrations could burst out in
the form of a tendency of individual
mutiny and series of similar confession
could provide food for popular mistrust
against governance and invite interna-
tional condemnation. If the military are
desired to come up with a clean image
of their own, despite all clandestine tac-
tics that of course needed to be covered
up, it had to openly point fingers to
those offending officers and take action
for individual misuse of war fund, il-
licit weapon trading, fake surrender and
false implication of an innocent girl.
Below is reproduction of a report pub-
lished by IFP on 24th April 2018.
Editor
2 beyond the horizon
How Unregistered
Weapons Were Pro-
cured For Fake Encoun-
ters And Surrender
Dramas, Naib Subedar
Ramesh Reveals All
Paojel Chaoba
IMPHAL | Apr 23: Naib Subedar
Ramesh Chand Sharma of 30th Assam
Rifles revealed how weapons were pro-
cured clandestinely by the military and
para-military to get promotions, many
officers took advantage in the name of
counter insurgency operations to stage
various alleged encounters and surren-
der dramas and planting weapons where
suited them most.
In an exclusive interview with
Imphal Free Press, Ramesh implicated
many officers of the security forces for
gathering weapons from unauthorised
sources. Naib Subedar Ramesh Chand
Sharma, number JC 3000449 of 30th
Assam Rifles was stationed at ‘B com-
pany’ at Khurkhul Spinning Mills in
2013. On February 3 that year, a call
came from the second in command of
B company namely Mahavir Singh, that
a junior commissioned officer (JCO) be
sent to the Mantripukhri headquarters.
As per the directive, Ramesh went
to Mantripukhri Assam Rifles head-
quarters in a bulletproof vehicle
(MNO6-T/ 0773) along with 3 security
personnel which included the driver. At
around 6.30 am, they met colonel Ved
Pal Yadav, (Sena Medal) who belonged
June 2018
to 1st Naga Group and was the com-
mandant of 30th AR, Adjutant Major
PM Tekhrwade belonging to 290 Ar-
tillery, Subedar Major KD Bhotia,
Subedar Ganga Singh, Naib Subedar
Jaibir Singh, BHM Danesh Sharma,
CHM Ramananda. The said personnel
were standing by the road near the CO
office located at Mantripukhri, Ramesh
said.At that time, Ramesh was called
on by colonel Ved Pal Yadav and
handed over a sum of Rs. 3 lakh to him.
Later, adjutant Tekhrwade had told
Ramesh to hand over the amount to a
person who would be standing at the
main gate of the Assam Rifles at
Mantripukhri. Then, Ramesh was
joined by a ‘Ghatak’ party (special
forces team) consisting of 13 armed
persons to accompany him in the bul-
letproof vehicle. Ramesh said that no
briefing was done except for the said
orders. He complied and found a per-
son identified as one Laichonba at the
main gate, who was a surrendered mili-
tant. He handed over the amount to him
and made him sign a receipt acknowl-
edging that the amount was handed
over in a formal manner and informed
his adjutant through mobile phone that
the money was handed over. (The
signed receipt is available at IFP). Af-
ter that, Laichonba, who is a surren-
dered UNLF cadre, took over and told
Ramesh that the team should head for
the 7th MR camp located at Khabeisoi,
Pangei. They reached the camp and
another 5 surrendered cadres were also
taken along with them from the camp.
Ramesh at that time bought cold
June 2018 beyond the horizon
drinks for all of them. Afterwards,
Laichonba intimated that they should
head for 26 sector camp located at
Pallel. On reaching, they met the com-
pany commander of 42 AR ‘B com-
pany’ Major Brajesh. The surrendered
team met Brajesh in private at his of-
fice as Ramesh and the Ghatak team
went to eat a late lunch.
At around 6.30 pm, Major Brajesh
called for Ramesh and handed over two
unregistered pistols and a lethod gun.
Ramesh got the ‘move order’ to head
back to AR Mantripukhri headquarters
when along the way, adjutant
Tekbrwade relayed order that first, the
surrendered cadres should be taken
back to Khabeisoi MR camp. It was
complied and they (five cadres) were
dropped first. They later dropped
Laichonba at the same Mantripukhri
AR gate where he was picked up. Af-
terwards they reached the Mantripukri
camp where the Ghatak team dispersed.
Ramesh was called by the CO Ved Pal
in his office where adjutant Tekbrwade
and a photographer joined them. At the
office, the two pistols and the lathod
gun were photographed.
Later, Ramesh was handed over
with the weapons which he took back
to Khurkhul AR post. He handed over
the unmarked weapons to his second in
command Mahavir Singh and deposited
at the arms kote.
Ramesh stated that there were 23
unmarked weapons including chinese
hand grenades kept at the arms kote to
be used at surrendering occasions,
planting weapons at fake encounter in-
3
cidents and depositing weapons when trated by criminals in uniform and the RENEWED OIL EXPLORATION IN MANIPUR:
arresting unarmed cadres. According to public will helplessly bear without jus-
Ramesh, the surrendered cadre tice being done for them,” Ramesh said A TESTING TIME FOR PEOPLE
Laichonba is at the 2nd Manipur Rifles that he was not afraid to expose the truth
working as a cook. as he stands firm in belief that justice Jiten Yumnam
will be done. It may be mentioned that Recently oil companies such as Oil environment and social impact
Why? various military, state police and the India Limited (OIL), Asian Oilfield assessment before conducting 2D
Naib Subedar Ramesh Chandra para-military personnel are being inves- Survey Limited, Oil and Natural Gas seismic surveys—as done in
Sharma, presently serving with the tigated by the CBI at present following Corporation (ONGC), Jubilant Energy, Greenland and other countries.
Assam Rifles at Kohima states that the directive of the Supreme Court for Alphageo, and etcetera are pursuing Villagers, therefore, rose up and on
there are many instances where the high fake encounter incidents perpetrated in aggressive efforts to explore and drill 17th May 2017 stopped the company
ranking officers without following pro- the state. oil from Manipur. In January 2017 the from conducting the survey. A
tocol send out personnel to do their Ramesh gave documents which company Asian Oilfield Services community meeting, held on the
dirty work in order to get promotions. point that many unregistered arms and Limited had bagged a Rs 143-crore following day, resolved to impose a
Many officers who have served in ammunition were kept at the arms kote contract from the Oil India Ltd (OIL) stop to further exploration works. The
Manipur used the surrendered militants at Khurkhul Spinning Mills. He also for 2D seismic data. Since then the protest was not confined in Khaidem
to procure arms and stage surrender deposited 3 weapons himself. He al- company had begun to proceeding oil village alone. The villages of
dramas. They used various means to fill leged that the original documents were surveys in Jiribam, Tamenglong and Kambiron, Sibilong and Oinamlong
their own pockets too, he said. destroyed by CO Ved Pal Yadav to cover Imphal West districts. This survey is villages in Tamenglong District,
“The truth needs to be exposed as his track. But, Ramesh had made cop- envisaged to cover almost all of having experienced malpractices
their tainted work is an insult to those ies of the clandestine transactions and Manipur till Burma border. The survey indulged by Alphageo and Jubilant
in the armed forces who serve the na- are reproduced in the report. lines cuts through ecological sensitive Energy in 2012, opposed the efforts
tion and are ready to sacrifice their areas such as Loktak wetlands, Barak of Asian Oilfield to seek No Objection
lives, if I do not speak the truth, many 24th April, 2018 River system and Yaingangpokpi Certificates (NOC) for surveys
abhorrent crimes will still be perpe- Lokchao Wildlife Sanctuary. From without providing satisfactory
around May 2017, clandestinely, information.
surveys have penetrated in Khaidem, There is no clear information as
Moidangpok and Sangaithel villages in to how Oil India Limited (OIL) was
Imphal West district. These surveys conferred with ownership of
were proceeded with providing detailed Manipur’s oil. We are unaware if any
information to the concerned villagers. consultation and information have
The survey in Khaidem village been relayed to the people on the
blasted multiple explosive devices. conferment. The renewed oil
Villagers were not informed about exploration and drilling efforts raised
impacts and safety on people and some interesting questions. There is
environment. The villagers were merely also no information if Jubilant Energy
Read Revolutionary Democracy at
verbally assured that nothing serious had ever transferred their oil contracts
would ever happen to them. Such verbal license to OIL. All that we knew is that
www.revolutionarydemocracy.org assurances are unsatisfactory. The
company need to carry out proper
Union Ministry of Petroleum and
Natural Gas, under the Eighth Round

4 beyond the horizon June 2018 June 2018 beyond the horizon 5
of New Exploration Licensing Policy,
on 19th July 2010, had granted a license
to Netherland based Jubilant Oil and
Gas Private Limited (JOGPL). The
license authorized the company to carry
on exploration and drilling works in two
oil blocks in Jiribam, Tamenglong and
Churachandpur districts. The people,
however, protest it. In 2012, peoples of
Tamenglong, Churachandpur and
Jiribam raised objections against public
hearings organized by Manipur
Pollution Control Board and Jubilant
Energy. Protests were motivated by
fears of losing their land, massive
contamination of their land, and
permanent damage to their land and
coming generations.
Regarding ownership, in
connection with exploration at
Khaidem Village, in mid May 2017, the
project manager of Asian Oilfields Mr.
Sumit Mahajan reported claimed that
oil resource in Manipur is the exclusive
rights of Government of India. Indeed,
India has multiple laws, viz., the Oil
Industry (Development) Act, 1974;
Petroleum and Minerals Pipelines
(Acquisition of Right of User in Land),
Act, 1962. According to these laws oil
in India belonged to Government of
India, who alone enjoys exclusive right
to mortgage or sell oil to multinational
companies. These laws, such as Oilfield
Act 1948 when Manipur had not been
part of India, had taken away rights of
the people of Manipur. North East
Hydrocarbon Vision, 2030 contains no
provision for recognition of community
rights and role in decision making
regarding oil exploration activities in
their land. All these laws contravene
international human rights instruments
such as UN Declaration on the Rights
of Indigenous Peoples, 2007.
The question of ownership of oil
resources require serious introspection.
Will black gold (oil) be a curse to
people? Will it deepen multiple
conflicts and tensions at various levels?
Should people of Manipur blindly
follow whatever Government orders?
Will people rethink prescribed laws
formulated for economic and political
advancement in the context of other
peoples and nations? By proceeding on
oil exploration related works without
the consent of the people of Manipur;
oil companies like Oil India Limited,
Asian Oil Fields and Government of
India have undermined the rights of self
determination of the people people of
Manipur.
Survey works, in 2011, 2012 and
2017, for oil exploration by Alpha Geo
Company and Asian Oil Fields were
proceeded without taking peoples’
consent. People are not informed either
of the contents of agreements with
Government or projected benefits of
the people of Manipur. The annual
reports of Jubilant Energy, 2014, that
outlined completion of several surveys
are unavailable in public domain. On
the contrary, oil companies had tried
to obtain NOCs, from villagers in
Tamenglong and Churachandpur, in
deceitful manner, through bribing
leaders and some of the armed groups.
In some instances, village traditional
decision making processes were
overridden.
Oil exploration are carried out
without conducting detailed impact
assessment with community
participation. Impacts of blasting
multiple bombs have never been
revealed. People are worried that
exploration will cause enormous
ecological devastation. Manipur falls
in two of the World’s Biodiversity
Hotspots such as Eastern Himalayas
Biodiversity Hotspot and Indo-Burma
Hotspot. Oil survey related blasting
and oil exploration will cause
enormous disastrous impacts on
Loktak Wetlands Ecosystem, Barak
River system and other eco-sensitive
areas of Manipur.
Oil drilling processes will cause
massive displacement of people. Huge
amount of land will be acquisitioned
at the cost of residential land,
agricultural land and other natural
livelihood sources. Village will be
forced to vacate as a result of either
direct drilling or contamination and
pollutions. Oil spill related pollutions
and contamination of water during
exploration and drilling, impacts of gas
flaring and spread of toxic materials
will destroy sources of food.
Subsequent militarization to protect oil
exploration and drilling will have
consequential impacts on human rights
violations and further unrests and
subjugation of people. At the same
time oil extraction related
infrastructural constructions and new
extractive opportunities will encourage
massive influx of immigrations at the
cost of indigenous people.
Conclusions:
With renewed push for oil
exploration and penetration by giant oil
companies in Manipur several
questions have arose. The primary
question is who is the owner of
Manipur—its natural resources, oil and
other minerals? Who should decide on
the manner that oil and other resources
are to be used and managed. Should
the people of Manipur relinquish
legitimate ownership and management
rights over land and resources without
any question? Should we allow oil
companies to own Manipur and
concede to them exclusive right to
exploit and plunder our land and
resources?
We have experienced suffering
and devastation of Loktak wetlands due
to 105 MW Loktak Multipurpose
Hydroelectric Project that served the
profit interest of National
Hydroelectric Power Corporation
(NHPC). We have learnt from
experience of loss and destructions felt
by Assam on account of extraction of
oil from the British colonial periods
onwards. The policy of economic
plunder and political domination to
serve the interest of finance
imperialists, which is aggressively
pursued by India’s ruling regime will
have disastrous impacts. It is going to
enforce destruction of ecology,
displacement of people, militarization
and violation of human rights, massive

6 beyond the horizon June 2018 June 2018 beyond the horizon 7
influx of outsiders and subsequent
political, social and cultural turmoil.
The Government of India and oil
companies should recognize that the
oil and all resources in Manipur
belongs to the indigenous peoples of
Manipur and that they have exclusive
rights to define and decide how to use,
control and manage their resources.
The resounding call of indigenous
peoples of Manipur to stop all oil
exploration and drillings needs be fully
respected. All militaristic,
undemocratic and manipulative efforts
ROADS AFTER THE COMPANIES
Much has been talked about NH 37
(Imphal-Jiribam Road) as the
alternative lifeline for the movement
of people, goods and basic needs often
when there are road blockages on NH
39 (Imphal-Dimapur road). Civil
society and transport organizations
have urged government of Manipur to
build better roads on NH 37 for people.
One must be familiar with various
accounts of travelling on this ‘worst
road.’ However, under the present
Bharatiya Janata Party regime, road
building has acquired new objective in
the wake of oil surveys and exploration
works (and hydropower projects plans)
in Tamenglong district, Manipur. This
is despite huge public resistance
against the entry of oil company
Jubilant Energy and survey and
to suppress democratic resistances need
to be rescinded. There should be an end
to all forms of threats and intimidations
to human rights defenders advancing
protection of their land and resources.
Fostering climate justice, real
sustainable development and a just
world need firm belief and
reinforcement of rights based,
environment friendly and accountable
form of development in Manipur.
Note: Revised from earlier post to Imphal
Freee Press
G. Amarjit Sharma
exploration works of oil and gas in the
district since 2009-10. The entry of
railway tunnels and oil companies make
the Imphal-Jiribam road (NH 37) not a
mere physical road, but a road that
invites various international and
national corporate stakeholders. Asian
Development Bank (ADB) has already
been financing the road infrastructure
development of the national and Asian
highways passing through Manipur.
How do we understand road building
after the entry of oil companies such as
the Jubilant Energy, Asian Oilfield
Limited, etc.? (Asian Oilfield Limited
attempts to initiate survey and
exploration works of oil and gas in
Khaidem village in Imphal since 2017.)
Remember in December 2016
Union Minister Nitin Gadkari while
granting a package of Rs. 22, 000 crores
and ‘special status’ to Manipur
observed that ‘the people of Manipur
had been suffering a lot on account of
sub-standard transport infrastructure.’
(Sangai Express, December 12, 2016)
This package includes Barak and
Makru RCC bridges. Now the National
Highway Infrastructure Development
Corporation Limited (NHIDCL) has
taken the responsibility of road building
on NH 37 from Border Road
Organisation (BRO). NHIDCL is a fully
owned company of the Ministry of
Road Transport & Highways,
Government of India. This means a
standard transport infrastructure is
going to replace the sub-standard one.
What does this ‘standard’ means? For
whom or for what the ‘standard roads’
are going to build? The standard road
in the modern state vocabulary is a sign
of modernity: signs of modernization,
civilization, and progress. However,
history of modernization of road in
North East India is the history of the
expansion of colonialism, colonial
violence, and capitalism. Hence, roads
are not mere objects which people
access for goods and services; it is not
merely marked by politics that people
employ to access it for various local and
ethnic interests, but by the history of
state building, military expansion and
capitalist extraction. In brief, road
building is a political project, and it has
to be politically engaged.
The road building along the state
and international highways (in
Manipur) has not been received well by
the people inhabiting around these
highways. The reason is not merely
because of the contesting issue of land
acquisition. For many sections of the
society, road building is the
infrastructure development that
supports various other projects such
as the hydel power projects, oil, and
gas exploration projects, etc. These
latter projects are already in the midst
of serious issues of corruption,
displacement, and rehabilitation of
people, lack of transparency and
accountability, etc. Also, there are
apprehensions that road building is to
facilitate resource extraction and
transfer of hydel power, oil and gas
supply from the state to other place
outside.
As a result, road building along NH
37 after the oil companies is a project
that requires comprehensive and
through discussion. To begin with, two
moments could be cited for this
reckoning. While the first one was the
Bangladesh–China–India–Myanmar
Forum for Regional
Cooperation (BCIM) car rally (2011),
second is the recent announcement of
improving road condition for the
Jubilant Energy. Considering that
BCIM car rally which flagged-off
from Kunming in China would be
passing through the state of Manipur,
the Special Secretary, Planning,
Government of India instructed the
concern authorities of the Border Road
Organization and the state Public
Works Department (PWD) to
‘maintain the road conditions of the

8 beyond the horizon June 2018 June 2018 beyond the horizon 9
national highways’ of the state. The
Manipur state Home Department was
told to provide security for the
proposed car rally within the state, and
the BRO to provide ‘proper and
suitable road condition’ of the Imphal-
Jiribam road stretch. (Imphal Free
Press, 13 November 2011)
The second moment is the
announcement of Jubilant Energy to
withdraw survey and exploration
works of oil and gas in Tamenglong.
Director of Commerce and Industries
L. Luikham reportedly said that
Jubilant Energy had withdrawn its oil
exploration activities in Manipur. The
reasons for such withdrawal are the
‘local resistance’ and ‘bad road
conditions.’ The Director said
company was mainly concerned with
the road condition of National
Highway 37 linking Manipur through
Cachar. He further described as
follows: ‘The company wants to bring
in heavy machinery for drilling
activities through National Highway
37. However, the road is narrow, and
the bridges along the route are also
very narrow. The company felt that the
road is not suitable for transportation
of the equipment.’ The Commerce and
Industries Minister Th. Bishwajit also
reportedly invited the company to see
present road condition and resume
work.
What do these moments tell? The
roads and bridges on NH 37 for the
oil companies like Jubilant Energy are
‘narrow.’ This means, the roads are to
be widened and made transportable,
10 beyond the horizon
usable, ‘standard’ and ‘proper and
suitable’ for various activities of the oil
companies. This also means that more
hills are to be sliced, and more land
acquisitions and resettlement of many
villages are to be done. Along with
these, there are likely more local
disputes over compensations, land
disputes, ethnic tension, and violence.
Already the environment in
Tamenglong as a result of the presence
of Jubilant Energy is not cordial: while
there is resistance against the company,
there have been reports of tension
among civic organizations and village
authorities as a result of the company’s
influence on sections of people. The
public needs road, no doubt. This is
what people have been telling the
government to build a proper road. But
after the company, there is a gap
between the public need and need of
the state. What is seen is that public
need for a better road is used as an entry
for larger interests of the company and
neoliberal market. The logic of the
corporate investment in the sector like
infrastructure is that let the public need
be fulfilled within the interests of
competitive market economy.
Indeed, these are moments of lesser
freedom for people, conflict among the
people, lesser government
accountability and transparency, and
inhibiting people democratic rights.
These are the moments of the
exclusionary neoliberal economy in the
postcolonial Indian state. One strong
indication of such moments is the
recently passed Open Acreage
June 2018
Licensing Policy (OALP), 2017. To development projects that solely lead
mention briefly, OALP permits any oil to market economy and sideline voices
company to express its interest in an of the people.
oil block (like two in Tamenglong and
Churachandpur districts of Manipur) Note: This article was first published
anytime as opposed to the system of a in Imphal Free Press, 01 April 2018.
periodic auction of oil blocks by the
government under the earlier New
Exploration and Licensing Policy
(NELP). OALP also permits the
company to study and specialize in
certain geographies if they so wish,
making the entire country open for
Exploration and Production with ready
data repository at Directorate of
Hydrocarbons (under the Ministry of
Oil and Natural Gas, Government of
India). Also, companies can extend beyond the horizon
their block boundaries if they find that
the hydrocarbon channels in their Online Partner
designated blocks are extending to
nearby underground rock layers and
the adjoining areas are open. In brief,
OALP has empowered the oil company
(like Jubilant Energy) to perform the
works of oil and gas without prior
bidding and identification of oil blocks
by the government. This (company’s
freedom to study and identify oil
blocks, expanding to the adjoining
areas) surely has legal and political
implications because company is not
accountable to the people.
It is time for the Government of visit
Manipur (GOM) to realize that roads
for the companies are not going to be
roads to peace and ‘development of the Kangla Online
state.’ GOM should contest in the spirit at
of federalism highly centralized laws, www.kanglaonline.com
policies and the infrastructural
June 2018 beyond the horizon 11
 FOR A SELF RELIANT TEXTILE ECONOMY OF Numidanggi Phijol. King Loyumba, in authorities to promote local
his treaties on Loyumba Shilyen production. The point is, local textiles
MANIPUR: INTERVIEW BHUBOL Shintha, systematised classification of could not withstand the impact of
SOUGRAKPAM surnames on the basis of specific work British colonial rule (1891-1947) and
assignments or profession. For India’s annexation (after 1949).
Manipur was sufficiently clothed, supplied on the basis of traditional processing instance, the surname Thiyam was During this period cheap textile
of cotton yarn and weaving. With the beginning of British colonial rule in 1891, assigned for weaving tongkap phanek, commodities penetrated into Manipur
the import of cheap yarn and later on textiles has surpassed local handloom phiren for Chakpram, and yarong phi market. Maximum quantities of cotton
production. Over the decades, particularly after annexation to India in 1949, for Thongabam. Amongst communities, seeds were collected and carried away,
there were certain individual innovations to upgrading the instruments of layeng phi was produced by Chothe thereby, reducing cotton plantation and
traditional weaving. But these changes could not entirely transform local textile community, leirum for Angom clan and productions. Local demands were met
products to successfully compete with textile imports. An attempt was made in hekoi by Heirem Khunja clan, and etc. with import of yarns by outsider trade
establishing a State run Spinning Mill to enhance local textile production, which Our textile products were recognised monopolists. From the period
was proven unsuccessful. Though local weaving (handloom) survives, it could beyond geographical border. For beginning with the ascendency of King
not make Manipur self reliant on textile production. In an interview with Beyond instance, Acheik is the national cloth of Churachand to the throne of Manipur
the Horizon, Mr. Bhubol Sougrakpam shares thought on the plight of Manipur’s Myanmar woven by Manipuri weavers kingdom, outsider Marwari traders
handloom sector and prospects of promoting it to reduce import of textiles. who were carried off as assets by Pong have taken control of textile business,
king during ‘seven years devastations’ including supply of raw materials of
Editor: You have taken up the cloths. Our rich textiles exemplify (1819-1826 AD). Several aged old fabric production. Imports
initiative to promote textile economic and cohesive social values; fabric designs are attracting users from systematically outdid local production
productions, particularly handloom e.g., a kind of Phanek (loin wrapper) abroad alongside three designs such as of various classes of yarns such as –
sector. Why do you think this named Tongkap Phanek had been used Saphee Lanphee, Moirang Phijin and (1) Meetei Lang, (2) Mayang Lang.
initiative a necessity? by women of all the co-existing Wangkhei Phi, which have been granted (3) Khaki Lang, (4) Ayai Lang, (5)
indigenous communities, before G.I, Registrations. This textile tradition Aching Lang, (6) Tamang Lang, (7)
Bhubol: This is a profession aimed producing in course of time diverse had to be promoted in terms of its being Khere Lang, (8) Ahai Lang, (9)
at promoting the rich tradition of designs peculiar to representing heritage and profession of about four Pheipak Lang and (10) Langthi. But
Manipur textiles and economic respective communities. lakh weavers. we still have sustainability potential.
welfare of the hitherto marginalized Since the 11th Century, when King
textile weavers who, though not much Loyumba (1074-1112 AD) became a Editor: Can you suggest, on the basis Editor: What are the local textile
accounted of, mend up from minute ruler, different kinds of fabrics were of your personal or family usage, the products that are commonly used
to major family cost of livelihood. To continuously and sufficiently produced extent of dependent on textile imports amongst Meetei?
recollect, Manipur had a flourishing by weavers. Some of the noted fabrics in daily livelihood? What is the reason
civilization covering a vast timespan were classed as; (1) Ningthou Phambal for these massive imports? Bhubon: There is a folk tale of
of prehistoric and historical periods. Tongbagi Phijol, (2) Leibak Ningthougi Sandrembi-Chaishra wherein the
Development of tools, techniques, Phijol, (3) Panagi Phijol, (4) Lai Bhubol: Today, nearly 70% of total mother of Sandrembi cried, “Ibemma
skills and labour of weaving and Haraobagi Phijol, (5) Harao Kumheigi daily consumption of textile products Imadi Khwang Youre/ Ngak Youre”;
clothing had been an integral aspect Phijol, (6) Ashibagi Phijol, (7) are largely imported. The heavy whose moral message similitude to the
of the civilization. Since the dawn of Luhongbagi Phijol, (8) Khullakpa reliance on import is not due to absence crying hearts of sinking Titanic, which
historical era, there have been Khullakpigi Phijol, (9) Laison Tinsongi of local capacities to produce. It is due conveys a meaning parallel to the
references to various types of woven Phijol, and (10) Ayuk Nungthin to negligence on the part of concerned deteriorating conditions and plight our

12 beyond the horizon June 2018 June 2018 beyond the horizon 13
weavers today. Men’s whole body are
today wrapped up with imported
fabrics. The upper and inner of
menfolk are wrapped with imports.
Amongst women there are sizable
sections whose clothing from waists
downwards is wrapped with
traditional phaneks. This tradition of
preserving indigenous clothing is
challenged by certain section of
younger generation women who
prefer to wear imported trousers,
skirts and other non-indigenous
designs. In the overall, in addition to
phanek, local textile products that are
commonly used are Khudei, Phadi,
Innafi, Wangkhei Phi, Rani Phi,
Moirang Phi and Mompak Phidak,
etc.
Editor: Are the yarns and dyes used
in the local handloom sector locally
produced?
Bhubol: Yarns and dies are today
mostly imported. But Manipur has a
tradition of dyeing known as kum
sangba. We had rich skill of fast
colorations on yarns and fabrics by
using locally available plants and
flowers such as kum (Strobilanthus
Cusia), Ureirom amom (Bixa Orella),
Kuhi (Brindelia Retusa), Kusumlei
(Caranthamus Tinetorius), and etc.
Editor: Most of the weavers are
considered to be women from lower
class. Will you tell us who are the
owners of the means of production
in weaving? Is there emergence of
weavers who do not either own the
instrument of production or enter into
some kind of shared system when it
comes to the use of the means of
production?
Bhubon: Definitely right. But it can be
interpreted in either prospective or
negative sense. Traditional middle-
dealers who collect woven cloths from
weavers are mostly petty traders in
phee-yonfam (cloth market avenues) of
Khwairanband Ima Market. They
usually give orders of different designs
and kinds of fabrics to weavers
according to their likes and
specialization. They collect or
purchase it after negotiating prices on
the basis of either their supply of yarns
to weavers or on the basis weavers’
own bearing of capital input. After
procuring it, they sell it in market for
profits. This business network appears
to be prospective. But a new trend has
gained momentum. There are now
monopolist traders (mostly outsiders),
who press upon marginal weavers to
deposit either cash or kind equivalent
or more to the price value of certain
quantities of yarns supplied to the
latter, which could be retrieved only
when the latter would submit their
product to the satisfaction of the
former. Such compulsions imposed
upon marginal weavers need to be
eradicated. In the meanwhile, women
spouses of wealthy and powerful
bureaucrats and contractors are now
investing in luxurious handloom
outlets. They purchase handloom
product at cheap rate from marginal
weavers and sell it at exorbitant prices
in their show rooms. Their monopoly
and price inflation affect the
purchasing power of marginal sections.
This new trend needs to be checked.
Editor: Are there monopolists who
control import and supply of yarns
and dyes in Manipur market? Who
are they and how do they channelize
monopoly?
Bhubon: Absolutely it is. There are
both outsider and local monopolists.
They concerted in controlling textiles
through various nefarious designs in
collusion with a covert network farms,
companies, higher authorities and
business outlets. Some of their designs
are: (1) Monopolists hoarded /
stockpiled subsidized yarns from
government undertaking centres and
corporations to their own advantages
and such subsidies are hardly available
directly to weavers; (2) Marginal
weavers, who could purchase
minimum quantity of yarns, are
deprived of subsidised raw materials;
(3) Monopolists inflated prices of
yarns on the pretext of extortion by
outlawed forces; (4) Monopolists
controlled quality and price of dying
materials; (5) Monopolists compelled
weavers to enter into a biased loan
credit system. While weavers had to
deposit to them gold or ornaments or
valuable kinds in exchange for yarns,
the former had to pay exorbitant
interest to the former for the credit, and
(6) Others untraceable.
Editor: We have heard of outsourcing
or putting out system in the handloom
sector. This is a system where yarn
monopolists in the market supply yarn
to weavers on the condition that the
products should be supplied back to
them at a marginal rate. This system,
of late, has been practised by some
local monopolists who could afford to
import yarn in bulk amount and
control its supply to the
neighbourhood weavers. Would you
be pleased to elaborate on this? Are
the weavers happy with this system?
What compels them to enter into such
relation of production?
Bhubol: Yes, there is. But, there are
mixed perspectives. There are a few
local entrepreneurs who are exploring
existing opportunities such as various
schemes sponsored by government and
locally available resources. And if their
objectives are to extend helping hands
to the weavers to enable them to
procure raw materials at cheaper rate
and also to enable them to succeed in
marketing of products, such
endeavours would be encouraging. But
if things are moving contrary to the
prospects of weavers, the trend is
deemed counter-productive.
Editor: Recently, the incumbent
Government of Manipur has
announced packages for the
promotion of handloom sector. Does
it include promotion of production of

14 beyond the horizon June 2018 June 2018 beyond the horizon 15
local yarn, die and other essential proper planning, vision and Editor: There is huge drain of wealth cotton, silk and fibre potential plants
items to make weaving entirely commitment from the side of as a result of textile import. What are to feed our reviving spinning mill and
indigenous and self-sufficient? government and insincerity of staffs in the measures to be taken up, at what consume the same to produce standard
discharging duties. First, raw materials level and by whom, to reduce the onus quality products and consume them
Bhubol: Yes, but not up to satisfaction. can be properly planted in available and of dependence on textile import? Is only at our best capacities and
Most of the schemes and projects are suitable lands in scientific ways. there any prospect for Manipur in this contentment.
meant for welfare and development of Second, modern technologies should be regards?
the weavers and artisans. But the real added to mill. Third, trained and skilled Note: Mr. Bhubol Sougrakpam is
targeted beneficiaries can get only the staffs should be employed. For all these Bhubol: Entrepreneurship had to be executive member of the Shintha
residues and remnant part while to be successful, a proper budget had speedily established with support from Handlooms & Handicrafts, Thongju,
maximum parts have been siphoned to be reflected. For now, a trial can be all concerns, particularly from Manipur and Board Director o the
away with beautifying of utilization resumed on the basis of public private government’s Trade, Commerce and Manipur Apex Handloom Weavers &
certificates. We are living with all partnership model. Industry Department. Raw materials of Handicrafts Artisans C. S. Ltd.
resources to enable us to enjoy self textiles products should be (AWAS). He was Chairman of
sustainability. It is not an exaggeration Editor: Recently the government has manufactured from existing resources National Research Centre
that indigenous plants that had been announced promotion of extraction of at whatever areas that can replace Manipur(NRC) and editor of its
traditionally used to extract dye stuffs banana fibres for commercial use. import of yarns and other accessories. English quarterly The Orient Vision.
can be economically planted to Some important small machines have Production units have to comply with He is an entrepreneur and for more
substitute the much talked about jhum been installed. There are also local minimum standard of quality than fifteen years has been actively
cultivation. The indigenous plants like entrepreneurs in this regard. We have productions. At the same time local
engaged in promoting Manipur’s
kuhi, ureirom, kum, sahi and others heard that fibres extracted in this people must develop mind-set of
textiles sector.
from which dye stuffs can be extracted manner would be semi-processed and consuming local products. Marx’s idea
can be abundantly planted in the entire exported to Jaipur and other places of “Consume only what you can
hill areas under a policy. If plantation where they will use it as raw materials produce” should be embraced with.
begin this year, the result in the next for manufacturing expensive fabrics. EXIM policy and corresponding
or three to ten years, will be enormous. Is there any prospect to install activities should be enhanced.
A huge quantity of dye stuffs can be manufacturing machines to stop
extracted and sold. It will benefit export of semi-processed raw Editor: What message would you like
farmers triple times of their annual materials, and, instead use it for local to convey to the people of Manipur to
earnings from jhum cultivation. It will production of fabrics, threads, ropes, promote self-reliant textile economy?
also contribute to afforestation and etc. for local consumption?
environmental preservation. Bhubol: Not to live like a crying
Bhubol: Definitely it has a great monkey with coconut by sleeping upon
Editor: What according to you were potential not only in the area of banana the lands of green gold. Manipur
the major factors for the failure of fibre but also with other indigenous belongs to Indo-Burma Hotspot
the Spinning Mill in Manipur, which plants like kewa, santhak, kiyommana, Region. Before multi national
was operational for some time in which all come under the category of companies and national companies take
1980s? natural fibres. Government need to ownerships of our wealth, we have to
positively frame a policy to encourage develop skill to retain ownership for
Bhubol: The main reasons are lack of entrepreneurs. sustainability in all aspects. Let’s plant

16 beyond the horizon June 2018 June 2018 beyond the horizon 17
 TERRORISING AND HUMILIATING NAGAS:
WHY?
The protracted Indo-Naga peace-talk is
a dear issue that Nagas are sincerely
praying for a positive outcome. The
signing of Framework Agreement on 3rd
August, 2015, has brought a ray of hope
to many. Talks being held at the highest
level and looking at current situation,
we believe that the stakeholders are
sincere and committed. We bestow our
trust to those on negotiating table and
at the meantime pray for godly wisdom
to prevail.
While reposing our faith to
Government of India at the highest
level, we common people are
sometimes compelled to doubt sincerity
of Government when their armed troops
at ground level behave roguishly.
Sometimes we are put into doubt if
notorious behaviours of Indian Armed
Forces are manifestations of certain
hidden directives from Government to
create complexity, or if the former are
simply misbehaving at their capacity for
reasons best known to them. Many may
consider it to be petty matters when
security forces terrorise innocent and
helpless people. But it needs to be taken
seriously that in our instable context,
even a small spark can sometime ruin
all concerted efforts towards peace and
harmony.
Common people are becoming
impatience with notorious activities of
Indian Armed Forces. Instances of
harassment are regularly perpetrated
18 beyond the horizon
What is the need to terrorise innocent people were facing. On the late-night
civilians when there is actually no of 2nd December, 2016 my car broke
problem at all? Many Indian military down at Asian Highway 1, near Tadubi
Veilou Veino officers might have assumed Nagas to village (Senapati). I was heading to
be easy and small fry. Had there been home with a friend and two elders after
upon Nagas regardless of boundaries.
no ceasefire, outsiders visiting attending Federal Assembly of Naga
Printed advertisements,
Nagalim in military uniform would Students’ Federation, held at Lake
acknowledgements and press releases
have had a different story to share. Shilloi (Phek). With no means left to
that eulogise some good works
Enduring severe pains, Nagas are repair the car at that wee-hour and
reportedly carried out by Indian Armed
fervently hoping for a solution, so that above all with no telephone network
Forces are regularly circulated. Some
we may all live together in peace. available at that particular area at that
of their initiatives are worth
A video of Swaach Bharat moment, we were standing on the
appreciating. But rest are nothing but
campaign by Indian Army personnel Highway discussing about what we
deliberate eyewashes neurotically
at Mokokchung (Nagaland) that went should do to reach home. At that time
seeking for praises. We are witness to
viral a year ago might have rendered a group of Indian Army personnel was
the fact that many of them are indulged
many truthful army officers into shame. approaching us. It was a moment of
in promoting a culture of gift in the
In the video, army personnel stage relief! We felt lucky as we expected
form of offering drinks to some Naga
managed a cleaning programme in a their help. But it happened the other
leaders, to extract tactical intelligence.
school campus after littering it by way round. Seeing our helplessness and
We suspect such clandestine activities
themselves. They wanted to champion fully knowing our harmless condition,
are meant for working in the
the cause of cleanliness drive. But their the troops provoke and humiliated us.
constituency of suspects. I fail to
nefarious proceeding was exposed. At Finding no fault with us, they stood
understand why deep down in their
the same time their wanton acts of for some moments. A sepoy yelled at
heart Indian Armed Forces would
terrorism had been glaring. They me saying, Aapko nahi pata, yaha itna
continue to consider Nagas as threat
terrorise an unarmed and powerless problem hain? Itni raatko kya kar
and enemy.
civilian to the brink of one’s limit and raheho, jal se jal chalejao. [Don’t you
While busy in displaying to the
when the person would assert for one’s know that there are lots of problems
world humane sides of Indian Armed
dignity, he/she is being projected a here? What are you doing at this late
Forces, they are responsible for several
threat. Many misconceive that reign of hour; go as soon as possible]” I replied
forms of sufferings inflicted upon
terror comes from Naga insurgencies. Sir, gaadi kharab hain, isliye dost ka
common people. This people could not
But it is a fact that terrorism is designed intazaar kar raha hoon. [Sir, the
openly express: while a few could
by Indian Armed Forces. Those who vehicle has broken down, so we are
openly express their grievances many
condemn insurgency must first waiting for friends]” In good faith, I
would prefer to keep it secret within
condemn the State terrorism that was still expecting sympathy. But he
family. Many would not talk against
promotes the growth of insurgency. just pushed me and another sepoy
armed forces for fear of harassment.
I came back to my homeland punched me on my right cheek. And
The truth is, we are no longer safe to
towards the end of 2016 after staying when I screamed, he placed an AK 47
travel freely even in our own backyard.
at Delhi for eight years. Only then, Riles nozzle on my temple and forced
Nagas while respecting peace-talk,
after having first hand experiences, I me to freeze and quietened. The others
Indian troops are creating a war-like
realised the hardships that common were ordered upon to neither move nor
situation whenever they wanted to.
June 2018 June 2018 beyond the horizon 19
open their mouth. They abused me, for
my religion (Christianity), my creed
and my identity! They took total
advantage of our helplessness. After
everything, they simply laughed and
walked away as if nothing had
happened at all. I made complaints to
higher authorities of Indian Armed
Forces, only to be tricked and
disheartened. They said that that none
of their men had patrolled at that hour
on that particular night.
On several occasions, I have come
across Indian Army personnel,
sometimes lazily and sometimes
aggressively frisking vehicles and
asking shitty questions besides regular
body search, car checking and queries.
They even asked for Aadhar Card after
checking driving license, manual book
or vehicle documents. They asked
irrelevant questions such as; conditions
of the vehicle in which I was travelling,
the type of curry that I ate, my income
source for possessing a vehicle, my
educational qualification, my marital
status, reasons for stickers on
windshield, reason for carrying more
than a mobile handset (sometime
asking to switch on and off the mobile),
reason for scare on my body, and etc.
It was disheartening to learn that
several famines stricken Nagas from
East were being halted and asked to
produce Aadhar Card while on their
way to seek rations. Those who do not
possess an Aadhar Card were being
asked lengthy questions. There are
reportedly conducting constant raids in
the houses of innocent people and
20 beyond the horizon
public leaders at night. There are
several instances of arrests of political
leaders without valid reasons and
infliction of psychological harassments
upon their children. Many may think
these to be petty issues! But these petty
issues could create humiliation,
provoke sentiment and ignite serious
issues from being non-issue.
I am privileged to have travelled till
the extreme North of India and to many
major cities of India. My experience of
Indian Armed Forces in the North is
very fascinating. They are like a chicken
inside cage, to be scolded by taxi
drivers and villagers. And in cities, their
uniform does not attract any attention
from passers-by. But in the North-
eastern part of India, they act like the
boss off everything. Assam Rifles call
themselves Friends of the Northeast –
Friends of the Hills.” Yet, they behave
like Enemy to the Northeast. The
attitude of these self style wannabe lions
will someday surely create a situation
where even peace loving Indian Army
officers and Nagas will not be able to
reconcile, if anything goes out of hand.
May be, Indian Armed Forces
stationed at Nagalim have forgotten that
their Government have promised to
bring place in Nagalim. Or, may be,
because in the eye of Indians (both
public and militaries) Nagas continue
to be suspected enemy. Or, may be,
there is a clandestine order from Centre
to discreetly terrorise civilians, create
a situation and foil the ongoing peace-
talk. I wonder when will Indians start
considering Nagas as friends and also
June 2018
a good neighbour. Only God and the
men in camouflages with badge of tri-
colours will have the answer!
Note: Mr. Veilou Veino is former
INDIAN RACISM PREVAILS ON NORTHEAST
‘Indian’ was the Word Used to Abuse Us in the Delhi
Metro and Everyone Looked on
It was just another regular Sunday. I
took an auto from my hostel to Hauz
Khas Metro Station where I met up with
my friends who had boarded metro at
Chattarpur Metro Station. As I boarded
metro I was telling my friends that I
couldn’t get an auto for some time and
have to stop another auto with a
passenger already to ask if the other
passenger was going to metro and if we
could share the auto. The other
passenger readily agreed and we shared
the auto. A lady (must be in her mid
thirties) in the same compartment [in
the metro] asked if we were talking
about Indian and asked to translate
whatever was being said about Indian
in English or Hindi. I looked at her for
some time and thought, since we were
not talking anything about Indian, she
must be talking to someone else. My
friends and I got back to talking and
the same lady shouted at us to translate
whatever it was that we were talking in
English or Hindi. I turned to her and
said that we were not talking anything
about Indian and even if we were that
June 2018 beyond the horizon
President, Poumai Naga
Tsiidoumai Me, Delhi (Poumai
Students’ Union, Delhi) and
Executive Member, Manipur
Tribal Forum, Delhi.
Pfokrelo Kapesa
it was none of her business. She started
shouting and hurled abuses at us. She,
in the most disgusting way, told us to
get out of the metro and out of country
[India] saying that we were talking
about ‘Indian’ in a foreign language. I
lost it this time. I said that I am an
Indian and she had no right to do it.
My friend also responded that she was
going wrong whatever she meant by
talking about Indian as we were not
talking anything about ‘Indian’. She
shouted and screamed at the peak of
her voice that we should go back to
our country (whatever she meant). She
also demanded that we spoke in Hindi
or English if what we were discussing
about ‘Indian’ was not something bad.
I responded that whatever we talked
or what language we used was none
of her business. I waited for her to stop
screaming and told her that we had
nothing to talk to her and that she
should stop disturbing us. All this time
no one in the compartment said a word
and looked.
My friend and I got back to talking,
21
trying our best to ignore her. We told
ourselves sarcastically that we should
not get angry as we were going to
church and that we should pray for her
too. Then we started discussing about
some issues going on in student union
where in we used the terms ‘Nagaland
Nagas and Nagas from Manipur’. The
lady started screaming again
demanding us to tell which states of
northeast we belonged to. I realised
later that if she could identify that we
were from northeast by the terms
‘Nagaland Nagas’ and ‘Nagas from
Manipur’ that she was an educated
woman. She said ‘we don’t want those
states’. We refused to answer to her
question as to which state we belonged
to. She continued that she would send
CBI to find us and kick us out of
country. She also asked us if we wanted
to go to China or Japan. I kept quite as
I gave up. I did not see the need of
arguing with her as one of my friends
tried to explain to her that she should
stop disturbing us. My other friend was
too shock to argue back and frozen. She
didn’t say a word. I was shaking with
anger and humiliation. I tried my best
to compose myself. Soon enough, she
de-boarded the metro. Then I and my
friends were trying to take stock of what
just happened. What is with the term
‘Indian’? What was about it that could
be so bad that made the other person
felt so insecure or threatened that we
might be talking about it.
Our ordeal didn’t end. Two young
girls started telling us again that we did
not talk or use the term ‘Indian’ as
hearing the term from us was making
them feel bad that we might be talking
something about it. I told them that we
were trying to make sense of what had
just happened to us while they looked
on. That they should understand and
be empathetic towards us and instead
they were telling us not to talk. They
looked like college students to me; so
I tried to reason with them. I told them
that they looked like educated people
and that we expected educated people
to be reasonable. But their asking us
not to talk or use the term ‘Indian’ made
them just like the other lady. They
responded that they knew the lady was
wrong and that was the reason that they
didn’t support in her fight with us. I
tried to correct them that there was no
fight and that the other lady was
abusing us and that everyone including
us could talk whatever we want to and
no one had the right to stop us. Then
came a threat. One of the girls
threatened us that we were only three
while the rest of the compartment was
filled with ‘Indians’ and that everyone
would support them. I shuddered with
shame and disbelief not because I felt
threatened by her but because people
could stoop so low to abuse someone
and take pride in it. Again the whole
compartment looked on; not a single
person tried to reason or intervene. I
sat there for sometime clueless of what
to do.
It took me some time to get back to
my senses. I told my friends that ‘we
need to file a complaint’. My friends
agreed and [we were hopeful that] the
camera installed in the train should
have the recordings. I went towards the
front side of the compartment to check
for train number. I found the
compartment; but no train number. I
asked someone there if she would
happen to know where I could find
train number. She said that she had no
clue. Someone from behind called and
said that I should ask the train driver/
operator at the next stop. She
apologised for not intervening as she
did not see the event from the
beginning and apologised on behalf of
such people. I thanked her. She came
forward and told me that I should just
ignore such people. I told her that it
was something important I need to do
as it could be happening to many
people. She agreed but added that
nothing would come out of it as no one
would support us and everyone would
either support the other group of
people or remain silent. I came back
to where my friends were sitting and
one of my friends told me that the two
girls who threatened us were saying
that they were lawyers and what could
we do to them. I told my friends that
we need to calm down and think what
to do and not pay attention to them.
We got down at Civil Lines Metro
Station. I knocked the door and the
operator/driver opened the door. I
asked for train number. It was 1505.
He asked if everything was alright. I
narrated the story. He expressed regrets
and said that we should have used
emergency speaker to complain and
there would be assistance at the next
station or even at the same station. I
asked if cameras installed in the train
were working and if so it should be
enough proof. He told us that cameras
would have video footage but not
sound as audio recording was not
available. He told us that we could file
a case but very likely that the case
won’t be taken seriously as audio
record was not available.
I gave up the idea of filing a case
after this. But I am writing this for two
reasons.
1) To people who thinks that no one
should be targeted or discriminated on
the basis of their look, language or
anything: it is not alright to just look
on. It’s is important that you stand up
against such incidents. Use your rights
to protect the rights of others. I know
many people in the compartment would
have felt that something wrong was
been done to us but chose to stay away.
I know it’s easy to stay away but it is
not right. It could happen to anyone.
The sooner we start addressing this
issue the better it is for all.
2) To people who faced
discrimination: be alert and familiarise
yourself with available remedial
measures/provisions. I was so shocked
that it didn’t occur to me to use the
emergency speaker installed in every
compartment of the train.
I am also sharing the details of the
incident in-case anyone wants to verify
it or do something about it:
Train No. 1505
Compartment No. D2A21

22 beyond the horizon June 2018 June 2018 beyond the horizon 23
Between 10:20-10:35 AM
Huda City Centre
to Samaypur Badli Line
15th April, 2018.
A PRE-DECIDED CASE: CRITIQUE OF THE
MARUTI JUDGMENT OF 2017
PUDR [had released] its report ‘A Pre-
Decided Case: A Critique of the
Maruti judgment of 2017’, on the
occasion of the completion of one year
of the judgment given by the Sessions
Court, Gurugram, Haryana in which 31
erstwhile workers of the Maruti
company were convicted, 13 of them
to life imprisonment. In the judgment
pronounced on 10 March 2017,
Additional Sessions Judge R.P. Goyal
also acquitted 117 workers about 5
years after they had been arrested, after
having spent 2-4 years in jail. It is
significant that the 13 given the
harshest punishment were all union
members and active workers. In the
incident of violence on 18 July 2012
in which sections of the plant had been
set on fire, some managers and workers
injured, and one HR Manager Awanish
Dev unfortunately died due to
asphyxiation, 148 workers had been
indicted and arrested.
The report is a critique of the
judgment, based on a close reading of
it and other official documents of the
case. It also raises questions about the
nature of investigation, trial process,
24 beyond the horizon
Note:
1.
Pfokrelo Kapesa is Doctoral Candidate
at Diplomacy and Disarmament
Division, CIPOD/SIS/JNU
2.
A version of this was first published on
Youth Ki Awaaz
and the prosecution’s version and draws
attention to the grave implications of
the judgment, not just for workers at
Maruti, or in the automobile industry
alone, but for rights and struggles of
labour across the country.
Three broad aspects of the context
of the Maruti case and deeply skewed
judgment, and the nature of
investigation and prosecution that led
to it need to be understood. These are
these cannot be understood in isolation,
but only in the context of:
(a) the long term and contemporary
history of capital-labour conflict and
workers’ struggles at Maruti, in which
workers have persisted in their struggle
for basic labour rights and the company
has repeatedly thwarted them.
(b) the dominant position and real
economic power of the Maruti company
in the automobile industry, its clout in
IMT Manesar and over the institutions
and machinery of the state.
(c) the changing nature of the
capital–labour conflict with Foreign
Direct Investment (FDI) and ease of
doing business becoming enormously
significant.
June 2018
The workers’ struggles at Maruti
over the past several years have been
for issues like fair wages, reduction in
work pressure, and for a representative
union, and the company has repeatedly
aggressive thwarted them, using means
like suspensions, terminations, routine
harassment, enforced signing of ‘Good
Conduct’ undertaking, among others
(page 6 of report). The company’s deep
commitment to increasing profits and
depressing wages (p. 5, table 1) has
been a crucial factor in this conflict. The
company is able to do this because of
its power that comes from multiple
sources – such as its monopoly with
over 50% share in the passenger car
market, its dominant position in IMT
Manesar (where it occupies 600 acres
of land and a has a large number
ancillary and vendor units) – among
others. Its overarching power and
command extends not just over capital,
but to the institutions of the state – the
Labour Department, police and
judiciary. Investigation, trial and
judgment of the Maruti incident is
reflective of the same.
The Judgment
The major part of the report is a
discussion of the narrative presented by
the company through the prosecution,
and the version upheld by the judgment
after taking into account the lacunae and
questions pointed out by the defence.
A stark pattern can be seen in the way
in which the judge intervened at each
point.
The FIR lodged in the incident that
June 2018 beyond the horizon
occurred on 18 July 2012 at Maruti’s
Manesar plant became the basis of the
prosecution’s version.
* FIR
The FIR (No. 184/2012, P.S.
Manesar, Haryana) was registered on
the day of the incident at 11 pm,
against 55 named and 500-600
unnamed workers at Manesar PS, on
the basis of a complaint filed by
Deepak Anand, General Manager
Vigilance, and Prosecution Witness
(PW) 29. Some important anomalies
emerged in the course of the defence’s
questioning which the report discusses
in detail. For instance, it was
established that PW29 could not have
actually witnessed the incident (p. 14).
He could not identify any of the
workers except one. It was argued that
he saw the events through the CCTV
cameras, which were, conveniently,
not there because management
claimed that they were burnt (though
there was no evidence of their
burning). PW29’s credibility as the
primary witness was further weakened
as he first named the weapons
allegedly used by the workers who
attacked management on 18 July as
‘belcha, lathi, lohe ke sariye (iron
rods) and danda’ in the FIR, but in a
second statement one day later made
before the police he changed these to
‘door beams’ and ‘shockers.’ (pp 16-
17) Yet, in a response reflective of the
nature of judge’s intervention through
the judgment, this was accepted and
justified. The time lag of 5 hours
25
between the recording of the FIR and
its reaching the Metropolitan
Magistrate’s (MM) office a short
distance away only by morning of 19
July, the absence of corroborative
evidence etc., were all accepted
without questioning by the judge.
The workers’ counter complaint
that the management hired bouncers to
assault the manager Awanish Dev and
start the fire was on the other hand
dismissed.
The report discusses many aspects
of the account of the incident of 18 July
2012 that were recorded in the FIR
were exposed as doubtful and
concocted in the course of the trial (pp.
17-28) Some of these were
* The fire and death of Awanish Dev
The keystone of the prosecution’s
narrative, and the basis of the case
against the workers was that they had
set the fire at the plant and attacked
and killed the HR Manager Awanish
Dev. None of the PWs could clearly
identify who started the fire (p.18), nor
was there any other evidence
connecting workers to the fire. There
is also no evidence to connect the death
of Awanish Dev to the convicted
workers. The report points to the
inconsistencies in the statements of the
PWs, and significant confusion
regarding who and how many people
supposedly attacked him (p. 21). If
verbal accounts are to be the basis of
conviction, as they are in this case, they
need to be foolproof, and these
statements made by PWs were not, the
report shows. Yet the judge chose to see
these major inconsistencies in the FIR
and PWs’ statements as ‘small
discrepancies’ (p.19) and disregarded
the flawed and absent evidence to
convict the workers for the fire, injuries
and death despite the absence of
evidence against them, following a
strange line of argument – that as the
workers could not prove their version
(that they did not set the fire, or assault
Awanish Dev, and bouncers did) then
the version of prosecution,which
incidentally also could not be proved,
must be true.
* Recoveries
The prosecution’s charge of
murderous assault by workers depended
on the ‘recovery’ of weapons and other
evidence from them. The manner in
which these so-called ‘recoveries’ of
crucial evidence were made (pp.22-24)
and exposes the nature of the police
investigation on which the prosecution
based its version. This version
presented in the judgment, held that all
148 accused ‘workers’ walked out of
the plant carrying the weapons after the
incident to their respective homes, some
located as far as 200 km away, where
they hid them in obvious places, to be
conveniently recovered by the police 6-
7 days after the incident. The defence
posed several questions that the
prosecution completely failed to answer
– for instance, How were these weapons
transported inside the plant to the actual
site of incident without anyone seeing
them?; Why did the Maruti
management not ‘report’ the supposed
‘theft’ of these shockers and doorbeams
by workers until Oct. 2012?; Was there
any evidence that these actually
belonged to the Maruti company and
was any attempt made by taking
fingerprints etc., to establish which
particular weapon was supposedly used
by which particular worker? Why were
these weapons and (in the case of some
workers), ‘blood stained uniforms’ and
‘identity cards’ etc. recovered from
their houses, with no independent
eyewitnesses to the recoveries? –
(pp.22-23).
Compelled to accept these serious
lacunae in the prosecution’s version, the
judge however still overlooked this
absence of evidence that connected
workers to the assault by implying that
the absence of evidence of any
connection between weapons, the
assault and the accused, did not mean
that such a connection was not there
(p.23).
The report further shows how
the medical evidence does not
substantiate the prosecution’s account
(pp. 25-26). The police investigation
failed to show the doctors the weapons
or ask them if these could have caused
the injuries of the PWs, and all the
doctors agreed during the trial that the
injuries could have been caused also by
falling on a hard or uneven surface.
The prosecution’s failure to prove
the existence of a ‘criminal
conspiracy’, a plan or agreement of
‘common intent’ between the workers,
was demonstrated by the defence and
is demonstrated in the report (pp 27-
28). Despite this, the charge of
‘criminal conspiracy’ was upheld for
the 13 workers convicted for life
imprisonment.
Arrests, Investigation, and Trial
The grave flaws and serious
problems in the process of
investigation, the manner of arrests the
nature of the trial, and the way in which
bail was denied and granted are also
highlighted in the report (pp 10-16).
These exposed the police
investigation’s clear bias and collusion
with the extremely powerful and
dominant Maruti management. They
also cast doubts on the nature of the
evidence and testimonies which then
became the basis of the prosecution
narrative, in turn upheld substantively
in the judgment.
The collusion can be illustrated
through one example cited in the report
(p.14). The Assistant Manager of HR
Department (PW 101), Nitin Saraswat
stated, on record, that he had prepared
2 lists of workers (by retrieving the
names from the Gurgaon office) at 3
am on 19 July 2012 which he gave to
the SHO Manesar. One list contained
55 names, and another 89 names. The
list of 55 workers’ names was
evidently included in the FIR, and this
is the likely explanation for the delay
in submitting the FIR to the MM. The
list of 89 workers meanwhile was
given to the labour-contractors who
‘submitted’ by them to the police team
when they were called by them to the

26 beyond the horizon June 2018 June 2018 beyond the horizon 27
plant at 12.30 pm on 19 July. The
labour-contractors supposedly
identified the workers in alphabetical
order (p.15) and could not identify
them in court. However, the police in
its zeal, had already arrested these
workers before 12.30 pm. This
anomaly later became the basis of their
eventual acquittal due to the defence’s
efforts. This revelation shows the
eagerness of the police to do the
company’s bidding. Moreover, it
clearly shows that the names of
workers given in the FIR were
handpicked by the management on the
basis of other reasons than their actual
involvement in the case. Yet the
judgment has made this kind of
manufactured statement and document
the basis of inflicting extremely severe
punishment on vocal, active workers
and union members.
Another instance of clear
fabrication comes from the police
account of the recoveries of weapons
(discussed above). Their peculiar and
unreal similarity – in each case the
policemen who made the recoveries
were coincidentally carrying large
lengths of cloth to wrap the weapons
recovered, were able to summon
tailors again conveniently roaming
around the sites of recovery and so on
– expose their fabricated nature (p.24,
Box 2).
The report highlights some other
instances of the police investigation’s
bias towards the company. This
includes the choice of the site of
recording the statements of
28 beyond the horizon
prosecution witnesses – the ‘Japanese
Hostel’ leased by the Maruti company,
and the non-inclusion of workers among
witnesses though hundreds of them
were present at the time at the site (p.
28).
Conclusion
* The report shows how it has not
been proved through the investigation
and trial that any workers or in
particular the 31 convicted Maruti
workers were responsible for the
violence or the fire at the Manesar unit
on 18 July 2012. Similarly, it is also not
established without reasonable doubt as
to who was responsible for Awanish
Dev’s death. There is no clear evidence
to link the accused to the crime. And
yet these workers have been convicted
and given extremely harsh punishment.
The judgment seems to have served the
purposes of the company in providing
the alibi for criminalising and
imprisoning active union members and
workers.
* The judgment makes a further
mockery of justice when it applies
different standards for different
accused. Thus, while acquitting 117
workers, the judge points out several
shortcomings in the prosecution’s case,
to the extent of suggesting that the
evidence could be planted. However, in
the same case, with the same kind of
evidence, he does not apply the same
standards while convicting 31 workers.
* The judge did not allow all these
facts, e.g., the manner of recoveries and
lack of eyewitnesses, the intimidation,
June 2018
arrests and custodial torture of workers
(p.11, p. 26) by the police, the repeated
failure of prosecution witnesses to
correctly identify workers they had
named and accused in court (p.29, Box
3) –to come in the way of his decision
to convict the workers. This judgment
reveals a higher degree of
determination to overlook and even
justify the shortcomings and lacunae in
the prosecution’s narrative, and
multiple violations of law and
procedure by the Maruti company and
the police, willingness to accept of the
prosecution witnesses’ accounts even
while accepting that their version is
fabricated than has been witnessed in
recent times. It reveals the completely
blatant support of the judiciary for
capital, giving up even a pretence of
neutrality. The denial of bail to most
workers for over two years (pp 11-12),
and the judiciary’s upholding of the
prosecution’s version despite its almost
farcical nature at times (pp 35-36),
show the seamlessness of the
company’s control over the entire state
machinery, over the wider judiciary as
well as the executive. The farce then
becomes a tragedy when, violating
basic principles of jurisprudence, of
need for evidence to link the crime to
the criminal, the judgment, following a
script of vengeance by capital, convicts
the active and vocal workers at the
behest of the company.
The danger from a pre-decided
judgment such as this is that it sends
out a strong message to workers
throughout the country to accept the
June 2018 beyond the horizon
commands of capital and gives
impunity to it to violate even the
legally enshrined rights of workers.
Teaching a lesson to Maruti workers
was particularly important because of
their history of undeterred struggle
ever since the establishment of the
company. In earlier phases of struggle,
union members and active workers at
Maruti have had to face suspensions,
transfer, and dismissals. This time
however, they have had to pay the
heaviest price for being active in the
union – that of conviction and life
imprisonment.
PUDR hereby releases its report ‘A
Pre-Decided Case: A Critique of the
Maruti judgment of 2017,’ March
2018, and in the light of its findings
outlined above, demands:
1) The immediate release of the
convicted workers and a fresh, fair,
independent and just investigation and
re-trial.
2) The right of workers to unionise
and organize to raise their demands be
recognized, respected and protected
by the institutions of the state and by
management.
People’s Union for Democratic
Rights
9 March 2018
29
CPDE STATEMENT ON THE 5TH ASIA-PACIFIC
FORUM ON SUSTAINABLE DEVELOPMENT
(APFSD)
The CSO Partnership on Development
Effectiveness (CPDE) unites with other
civil society organisations (CSOs) to
critically take stock of the
implementation of the 2030 Agenda, 3
years down the road, during the 5th Asia
Pacific Forum on Sustainable
Development.
CPDE welcomes the continued
commitment of the Region to discuss
ways forward in attaining the
Sustainable Development Goals
(SDGs). Through the unique process of
the Asia Pacific Regional CSO
Engagement Mechanism (AP-RCEM),
the CPDE and its members, are
opportune to engage and reflect
peoples’ concerns and realities.
CPDE, however, expresses its
overwhelming concern over the slow
and uneven pace of progress of the
implementation of the 2030 Agenda.
We are deeply concerned that the
regional process in the APFSD has
stalled. Despite gaining momentum
since 2015 and being adopted by 2017,
the Regional Roadmap has not been
discussed in detail at the APFSD since
its accession. The process has come to
a complete standstill due to low up-take
from Member-States.
The monitoring of implementation
at the national and sub-national levels
also remains a major challenge, while
there remain limited references to
30 beyond the horizon
principles of effective development co-
operation (EDC) and Human Rights-
Based Approaches (HRBA). There is
also the continued shrinking of civil
society spaces, and lack of
accountability of key development
stakeholders, especially the States,
corporate bodies and financial
institutions. The Voluntary National
Review (VNR) process is still marred
by evidence of exclusion of CSOs in
the actual review.
We call on governments to renew
their commitment in realising a genuine
sustainable development by taking the
first step in moving the Regional
Roadmap forward in order to reflect
results in the HLPF.
CPDE recommends the following
points as pre-requisites for the Asia
Pacific region in effectively
implementing the 2030 Agenda and
attaining the SDGs:
Promoting Effective Partnerships
Partnerships have been highlighted
at the Forum as an important
mechanism in realising the aspirations
of the SDGs. CPDE stresses the crucial
role of genuine and inclusive
partnerships to deliver on these
expectations. To fulfil these goals,
partnerships must be guided by
principles of EDC and HRBA. EDC is
informed by the critical understanding
June 2018
of the development process, namely
the examination of the content and
purpose of aid and development
policies as well as the political nature
of the developing relationships. It
shapes inclusive structures for
accountability for donors and
governments, promotes the alignment
of donor country priorities with
national development plans, and fully
accessible aid data.
Strengthening private sector
accountability
Private finance does not directly
translate to the goals of sustainable
economic development. These are
often geared more towards the
maximization of profits, with only
minimal and indirect benefits for
poverty eradication. The use of private
finance must abide by the highest
standard of transparency and
accountability if this stakeholder is to
affect positive change to attaining the
SDGs. Existing norms and
mechanisms in making the private
sector accountable; however, remains
weak and lacking. The private sector
in development needs to be aligned
with EDC and adopt international
transparency and accountability
norms. This includes the practice of
decent work.
Governments are obliged to respect
the Fundamental Principles and Rights
at Work, meaning respect for the right
to form unions, right to collective
bargaining, right to protection against
all forms of discrimination at work,
June 2018 beyond the horizon
protection from slavery and slave-like
conditions and elimination of child
labour. Overall, regulatory mechanisms
and binding regulations founded on the
human rights standards, labour, and
environmental standards need to be
strengthened and applied to all private
sector actions.
Better Management of Resources for
the People
Official Development Assistance
(ODA) remains a critical source of
financing most especially to least-
developing countries who do not have
ample resources to facilitate their own
socio-economic development. ODA
should not be regarded as an altruistic
commitment from developed countries
but rather a repayment of the former’s
historical and ecological debt to the
latter. ODA from the DAC members of
OECD have substantially slowed down
since 2010 and the SDGs failed to
secure more than the dismal 0.7% of
GDP target notwithstanding a rising
trend of military spending. ODA flows
remain largely conditional with many
countries now using it to leverage for
private investments or Public-Private
Partnerships, especially in
infrastructure. This poses great risks
because private finance is profit-
oriented which results in the
inequitable provision of public goods
and social services.
To be an effective source of
development finance and mechanism
in the Regional Roadmap, ODA should
not only grow in quantity but also
31
improve its quality and effectiveness. mechanisms that will emphasise SUCCESSFUL SESSION OF THE PERMANENT
Commitments on ODA should be transparency and accountability for all
fulfilled to support countries’ progress,
actors. CPDE continues to call for the PEOPLES’ TRIBUNAL ON TURKEY AND THE
which is centred on peoples’ needs and universal application of effective KURDS
realisation of their human rights, development cooperation in this
including environmental sustainability.process. These principles are crucial for Dear Colleagues and Friends, on the cities, witnesses from Cizre, Sur
the global partnership for sustainable On 15 and 16 March 2018 the (Diyarbakir), Nusaybin and Sirnak
Enabling environment for civil development and the implementation of Permanent Peoples’ Tribunal convened were heard, some of them physically
society the SDGs. a session in Paris (France) on Turkey present in Paris, others by Skype. The
Civil society has steadily and and the Kurds. More than 400 witnesses described how the Turkish
persistently strengthened its role and Bangkok, Thailand interested people attended. army and security forces had bombed
relevance in the international 28-30 March 2018 In an introductory session the panel the cities with artillery, how snipers
community, most notably in the Global composed of 7 judges heard witnesses targeted civilians, how civilians
Partnership on Effective Development Note: The APFSD is a regional and on the Turkish state’s denial of political, seeking refuge in basements were
Cooperation (GPEDC). In Paris inclusive preparatory event for the cultural, social, economic rights to the deliberately attacked and killed etc.
(2005) CSOs were observers, in Accra high-level political forum on
Kurds living in Turkey. It was argued The Prosecution demonstrated how all
(2008) CSOs were recognised as sustainable development that will be
held under the auspices of the by the prosecution that these violations these attacks were deliberately
“development actors in their own of the right to self- determination of the planned and executed and asked the
Economic and Social Council at the
right”, in Busan (2011) governments United Nations Headquarters in New Kurds are the source of the conflict that Tribunal to find that these constituted
promised to create an “enabling York in July 2018, the Fifth Asia- is fought between the Turkish State and war crimes.
environment” for civil society. Pacific Forum on Sustainable the Kurdish insurgency for many During the second day of debates
However, conditions for civil Development will engage member decades. several witnesses were heard regarding
society have worsened over the years, States, United Nations bodies, other During the further debates, the assassination in Paris in January
with recorded shrinking and closing international organizations, major witnesses were heard about 2 categories 2013 of three Kurdish female activists
spaces for civil society becoming more groups and other stakeholders in
of crimes allegedly committed by the by an agent of the Turkish secret
mainstream day by day. Member states highlighting regional and sub-regional
perspectives on the theme of the high- Turkish state: war crimes (and possibly service MIT.
should commit to reverse the trend of crimes against humanity) during the At the end of the session the
level political forum in 2018.
closing spaces and accelerate progress military assault by the Turkish army and President of the Tribunal, M. Philippe
in providing an enabling environment security forces on the main Kurdish Texier, former judge in the French
for civil society. CSO role in the cities between September 2015 and Court of Cassation announced a few
monitoring of implementation and June 2017 on the one hand and state preliminary conclusions made by the
review at the HLPF needs to be fully crimes such as targeted killings, panel of judges. He said that the panel
recognised at all levels, and to VNR kidnappings, arson and bomb attacks, had already agreed that the violation
review. committed over several decades both of the right to self-determination of the
CPDE remains steadfast in its in Turkey and beyond its borders. The Kurdish people was indeed the root
commitment to realising the effective latter crimes were obviously committed cause of the conflict which is indeed
implementation of the 2030 Agenda. to intimidate Kurdish activists and to to be considered as a non-international
CPDE stresses that in order for this sow confusion and fear in the Kurdish armed conflict as defined by
implementation to be effective; it organisations. international law and not a police
needs to act on actual enforcement During the debates on the assault operation against terrorism as argued

32 beyond the horizon June 2018 June 2018 beyond the horizon 33
by the Turkish State.
He also said that it was obvious for
the panel that war crimes and state
crimes had been committed by the
Turkish State. The President of the
Tribunal further stated that the full
reasoned decision of the panel would
be announced on the 24 May 2018 in
the premises of the European
Parliament (Room A3G-2 from 12.30
till 14:30).
During the session a group of 52
observers attended with representatives
of various civil society organisations.
These observers were invited to share
with the public through articles, short
reports etc. their findings and
impressions about the session of the
PPT. Some observers will also speak
CONDEMN MISSILE ATTACK BY US AND ITS
ALLIES ON SYRIA
To insert itself as a military player in
the war in Syria and to reassure its
clients in the Arab world post the failure
of its regime change operations in Syria,
US imperialism along with UK and
France fired nearly 120 missiles
targeting three sites in Syria. One was
near capital Damascus and two were
near the city of Homs. Many of these
missiles were intercepted by Syrian
Army, particularly those fired at the site
near Damascus while others hit empty
targets.
These air strikes on April 14
morning are blatant violations of
34 beyond the horizon
at the event during which the decision
of the Tribunal will be announced.
The initiators of the Tribunal would
especially like to thank the judges for
their participation in proceedings and
to thank all those who contributed with
evidence and observations that made
the Tribunal such a successful event.
All will be invited to the conference
at the European Parliament in late May.
We are grateful to all who attended and
observed the Tribunal.
We encourage you to view and
share the website where a video of the
entire proceedings of the Tribunal is
available.
Fidan Unlubayir
For the Coordination Tribunal Team
sovereignty and territorial integrity of
a UN member country. These air strikes
are in utter disregard of international
law and without approval of the United
Nations. These air strikes were
avowedly a reaction to the alleged use
of chemical weapons by Assad regime
in Douma in Eastern Ghouta. But these
strikes were precisely timed before a
team of Organization for Prevention of
Chemical Weapons (OPCW) is
scheduled to start its work later in the
day. US, UK and France claimed that
they have “evidence” that Assad Govt.
had used chemical weapons but did not
June 2018
disclose it. US White House claimed
that they acted on the basis of reports
in media and by intelligence agencies
but they would not share it. These
imperialist powers acted as
complainants, investigators and
executioners, all themselves. Syrian
Govt. and Russia had vehemently
denied the use of chemical weapons.
Russia further claimed that they had
“irrefutable evidence” that there was
no chemical attack and the whole
operation was staged by UK’s
intelligence agency. However, it is
significant that US and its allies did
not wait for OPCW investigation, they
did not want any enquiry at all.
US Defense Secretary told the
press that they had informed Russia
through de-confliction channels that
they would be entering Syrian air
space. US commander also claimed
that they selected targets which
avoided the areas which could bring
Russia into operation. US President
also said that these were one time air
strikes to give the message against
“production, spread and use of
chemical weapons”. It is also
significant that Russia did not intercept
war planes of US and its allies nor the
missiles fired by them. In all
probability this is a strike similar to the
one conducted last year for the same
reason.
It is clear that these air strikes had
nothing to do with any use of chemical
weapons. US has the largest stockpile
of chemical weapons. It had used
depleted uranium in Iraq and
June 2018 beyond the horizon
devastating weaponry in Iraq and Syria.
Their motivation to conduct these
strikes emanates from their increasing
marginalization from Syria where
Astana process led by Russia, Iran and
Turkey is moving ahead to bring Govt.
and opposition for a political
settlement. US and its allies want to
assert their role in the process and
demand to be considered important
players in the region.
Firing of these missiles into Syria
by US and its allies is targeted to
deliver a message to Turkey where
Erdogan Govt. is planning to enter
eastern part of Northern Syria where
US has stationed troops to aid Kurd
forces. It is the only region in Syria
where US has direct military presence.
Turkey has long been condemning US
and its allies for support to Kurd led
forces. It had earlier taken over a region
segregating western part (Afrin
enclave) from the area east of
Euphrates River and has recently
occupied Afrin enclave. Erdogan is
threatening to enter eastern region of
Northern Syria as well where US troops
are stationed. Mistrust of US is
growing among Kurds for its failure to
come to their aid in Afrin.
For several weeks reports are going
around that a big push on Damascus
was being planned through Islamist
rebel forces with aid of US air strikes.
Syrian govt. launched an all out attack
on Eastern Ghouta, situated close to
Damascus and reportedly captured a
large number of agents of the
intelligence agencies of western
35
powers as well as of Arab states. It is
reported that this “gas attack” was
fabricated by western intelligence
agency to give excuse for the strikes
by western agencies. It is also
significant that western intelligence
agencies are operating through Al
Qaeda affiliate, a fact which has been
covered up by the corporate media of
the west.
Whatever the pretensions of the
western imperialist powers, they are
robbing the third world countries of
their resources. Trump has been
unapologetic about demanding a share
of wealth of Gulf monarchies in
exchange for the military protection
provided by US imperialism. Saudi
crown prince, Salman, has recently
visited the three imperialist powers
involved in these air strikes and made
huge purchases from them. Obviously
these ‘harbingers of democracy and
human rights’ had no qualms in
extracting wealth from the ruling
family which is undemocratic at home
and predatory towards neighbours,
whose hands are soiled with the blood
of Yemenis and of the innocents in their
own country and neighbouring
countries.
Last two decades have witnessed
naked and violent pursuit of loot and
plunder by the imperialist countries in
the Middle-East when, to bring a new
Middle-East in the then prevailing
unipolar world, they launched wars of
aggression for regime change in
different countries and to bring their
resources under their direct control,
36 beyond the horizon
seeking to turn back the wheels of
history. In the aftermath of decline of
US imperialism and collapse of
unipolar world, Russia has militarily
entered Middle-East and has emerged
an important player in the region. In
face of this challenge, US, UK and
France are trying to assert their role in
the region and these strikes are meant
for that. Imperialism means war and
growing imperialist contradictions and
conspiracies are not only keeping the
cauldron of war boiling, they are
throwing the whole region into abyss
of war and conflicts to rob the people
of their resources. Control over
petroleum resources and routes for
taking away these resources remains the
main motivation for these imperialist
conspiracies whatever jargon they may
employ.
Imperialist powers are facing
growing discontent at home. Big
capitalists ruling these countries are
fanning anti-immigrant racist hysteria
at home and are intensifying
aggressions abroad. They, particularly
US imperialism, are tearing away the
‘rule based global order’ and the
international law to the shreds for the
unbridled loot and plunder of third
world countries.
CPI(ML)-New Democracy
April 14, 2018
June 2018
XXVI INTERNATIONAL CAMP OF
DEMOCRATIC, ANTI-FASCIST AND ANTI-
IMPERIALIST YOUTH
From July 28 to August 2, 2018, in the
midst of intense struggles of the
Mexican people for social change,
hundreds of young people from
different parts of the world will
converge on Mexico City for the 26th
International Camp of Democratic,
Anti-Fascist and Anti-Imperialist
Youth. It will be an exciting 6 days of
forums, conferences, work tables,
workshops, artistic and sports activities:
a chance to share experiences and
organize future struggles.
The main organizers include the
youth organizations that are part of
ILPS- Mexico. They are looking
forward to the participation of youth
from at least 20 countries.
“This is a call to the progressive,
rebellious, democratic, revolutionary,
anti-fascist and anti-imperialist youth
who on all the continents are fighting
for better living conditions while
seeking a fundamental change of this
unjust system.
This is a call to the youth of the
world who have said: Stop the war! Stop
corruption! No more racism! No more
exploitation! No more women’s
oppression! A call those all those who
are opposing US imperialism in the
streets and the mountains.
The capitalist system today is
incapable of guaranteeing work,
education, health and other rights; on
June 2018 beyond the horizon
the contrary, economic, political and
social destabilization is growing;
millions of human beings live the
terrible reality of wars in the Middle
East; we have witnessed massive
migrations to Europe; famines in
Africa; unemployment; ecological
disasters and increasing physical and
economic violence against the working
class.
Therefore, we call on the youth
who are in solidarity with peoples in
struggle and ready to organize
themselves to build a democratic
society without social classes. We call
the youth in every corner of the world
to unite, to fight; let us be one voice,
one fist against exploitation and
oppression as we march towards
freedom and peace with social justice
for our peoples.
This is a historic moment in which
the people of Mexico continue to fight
against a decadent regime responsible
for the massive repression against the
people of Nochixtlán Oaxaca and the
disappearance of the 43 normalistas
(students) of Ayotzinapa; a moment
where the need for unity and the call
to take to the streets within the
framework of the presidential
elections of 2018 are gaining strength.
It is in this context that we raise
this call to hold the XXVI
International Camp of Democratic,
37
Anti-Fascist and Anti-Imperialist native peoples.”
Youth, July 28 to August 2, 2018 in For peace and social liberation, let
Mexico City. Let us be one with the us raise the unity and struggle of youth!
struggle of the workers, peasants and
CRITICISM AND CONSTRUCTIVE
SUBMISSION REGARDING THE STUDY ON
TREATIES, AGREEMENTS AND OTHER
CONSTRUCTIVE ARRANGEMENTS BETWEEN
STATES AND INDIGENOUS POPULATIONS
Part IV
94. On 26 July 1947, Manipur
formally adopted its constitution 71
thereby asserting its independent
sovereign status although it continued
to be an international protectorate.
Following this, on 11 August 1947, it
became an associate State within the
Indian confederation72 but not within
either of the two Dominions of India
and Pakistan73. This agreement was
executed under the limited sovereignty
extended to Manipur under British
control74, i.e., in the absence of free and
informed consent of the peoples or their
representatives.
95. The meidingu (as a
“Representative of Manipur Crown and
Monarchy”) proclaimed, during the
inauguration of the first Manipur State
Assembly on 18 October 1948, “...I
now bring to the mind of the people that
I had transferred my powers and
responsibilities other than those of a
Constitutional Ruler to the State
38 beyond the horizon
CORE March 1999
Council since 1st July 1947 before the
lapse of the British paramountcy and
since then, I have already remained as
a Constitutional Ruler.” Clearly, steps
were taken in Manipur to transform
itself into an autonomous, democratic,
modern Asiatic State.
96. The proclamation also stated
the people “would rather die unsullied
than outlive the disgrace of surrender
to any measure that work prejudicial
to the preservation of the separate
entity of the State, while fostering the
good and cordial relations with the
Dominion of India.”75
97. Steps were taken to democratize
governance in Manipur, by constituting
an elected government and eliminating
the power of the monarchy to act
independently. The institution of a
democratically elected government is
to be seen as the first step of the
Manipuri peoples to return to
indigenous norms and practices of self-
June 2018
governance and self-determination in
a modernized context – sovereign
peoples’ republic. This process was
arbitrarily and illegally disrupted by
the successor Dominion government of
India which itself had not yet engaged
in any democratic processes either in
developing its constitution or in
electoral proceedings. In short, during
this period, the successor government
of India was an imperialist and colonial
government with no differences of
structure or in modes of functioning
between it and the government it
replaced.
98. The sequence of events
unequivocally illustrates this. In 1949,
the constitutional monarch was invited
to Shillong to discuss various matters
of mutual concern with the Governor
of Assam. He was not permitted to
leave or to consult with the State
Council until he signed the merger
agreement with India76. Under the
authority of the Governor-General of
India (the same authority as the one of
similar title during the British
paramountcy) an agreement was forced
upon the “Maharajah” of sovereign
indigenous nation of Manipur on 21
September 1949. Article 1 of this
agreement ceded to the Dominion
Government full and exclusive
authority, jurisdiction and powers for
and in relation to the governance of the
nation (of Manipur) and agreed to
transfer sovereignty to the Dominion
Government on the 15 October 1949.
99. The democratically elected
State Assembly of sovereign Manipur
June 2018 beyond the horizon
did not subsequently ratify or deny this
agreement, as this shameful fact was
not brought before it at all. When it
did subsequently become known, a
series of protests against it was
registered77. There was also an armed
uprising against merger with India in
the same year, which was suppressed
by Indian troops.
100. Had the Standstill Agreement
been made public, there is no evidence
to suggest that it would have been
ratified by any people’s process, nor
has its successor treaty, the merger
agreement of 1949. This subsequent
treaty has clearly been signed under
duress and threat to life and liberty of
the constitutional head of State of the
Manipur nation, who was not, in the
first place, empowered to sign any
document of such import to the peoples
of Manipur. The process of
assimilation of Manipur into the Union
of India is clearly an illegal annexation,
an act of colonial aggression by the
successor state to the British colonial
rule, upon the sovereign peoples of
Manipur, in fact an unilateral act of war
upon a sovereign nation78.
101. The chronology of protests
and resistance to loss of sovereignty
and to alien domination in any form and
in every quarter demonstrates that the
indigenous peoples of Manipur have
continuously exerted their rights to
self-determination and sovereign status
throughout the history of colonial
influence and occupation.
VI. COMMENTS ON CHAPTER
39
III: A LOOK AT THE PRESENT
102. The report mentions a general
description of “a gap left by the non-
indigenous colonial political powers”
being “filled by population sections
whose indigenous (or autochthonous)
condition is indisputable by any of
today’s standards”79 (emphasis added).
This assertion is to be read in the
context of the discussion under
Chapter II (Some reflections on the
minority/indigenous people
dichotomy) of his second progress
report to the Sub-Commission80 and
the opinion expressed in his first
progress report81 reaffirmed later82. In
the absence of incontrovertible
evidence cited to illustrate this
assertion, it is impossible to comment
on the validity of this finding.
103. However, two points of
contention occur here. One is whether
a gap was indeed left by de-
colonization. It is our contention that
no such gap existed in the case of
indigenous peoples who indeed
perceived themselves clearly as
competent self-governing nations, and
who were evidently so perceived, even
if unjustly deprived of their
sovereignty partly or wholly83. This
concept of a gap is unquestionably
itself evidence of a colonial perception
of the necessity for a European style
State. Secondly, whether the modern
States that emerged in this alleged gap
can be anything other than successor
colonial governments, fitting as they
have, neatly into their colonial
predecessor’s shoes. It must be clearly
understood that populations indigenous
to Asia are not necessarily indigenous
to every region of Asia.
Clarifications regarding the
character and origins of the Modern
State in Asia
104. The Modern State in Asia is
radically dissimilar to those of Europe
and to those of the Americas and
Australia, including New Zealand. The
former have been created out of an
arbitrary division of colonial territories,
frequently forcibly amalgamating a
number of pre-colonial States into a
contemporary one by colonial fiat at the
departure of the European colonialists.
The processes of such State formation
are therefore as dictated by European
political culture as those of the
Americas and Australia. In addition to
the amalgamation of pre-colonial states,
the post-colonial process has also re-
colonized indigenous lands and
territories of neighbouring nations
many of which can clearly be identified
by all criteria as indigenous in
character, distinct and alien from the
dominant mainstream cultures that have
orchestrated their assimilation.
105. This group of peoples and
nations, with specific characteristics
distinct from mainstream civilizations
of Asia, form one category that claims
indigenous status. Another group of
nations claiming indigenous status is
that of peoples from territories where
European colonizers imported large
Asian populations from other regions
of Asia, either as labour or to assist in
colonial government. These sections
have grown in the post-colonial era to
positions of predominance in their new
homelands, effectively dispossessing
and marginalizing the indigenous
peoples of those territories. This study,
informed by a remarkably Eurocentric
view of all Asian or African peoples as
forming a large, undifferentiated,
perhaps undifferentiable “indigenous”
conglomerate, fails to recognize or
identify either of these two groups.
106. This is borne out by the Special
Rapporteur’s statement regarding
expansions into adjoining territories,
forgetting that such expansions whether
natural or otherwise, routinely cover
ground larger in area than whole
countries in Europe and cross
civilizations as vastly different as those
of sub-continental India and South East
Asia84. There is moreover a tendency
to reject the reality of the political
legacy and imperatives of colonialism
inherited by successor governments in
Asia and to identify these only with
those governments comprising persons
of European ethnic origin.
Unfortunately, the legacy of European
colonialism has been far more than the
spread of its race in positions of
dominance over the globe.
Imperialistic and colonizing trends and
tendencies in Asian successor
governments, belying their
multinational or indigenous claims, are
numerous.
107. Many contemporary nations of
indigenous origin in Asia, recognized
as legitimate successor governments
under contemporary international
law85, have not been constituted with
the participation and free informed
consent of the indigenous peoples or
nations whose territories they have
assimilated. Their assimilation of
these territories is frequently a direct
consequence of the European
colonization and de-colonization
processes engaged in by European
powers. The pattern of this
colonization adheres in every detail to
the classic pattern described by the
study86.
108. In many instances over Asia,
the successor governments and
confrontational powers are identical in
structure and practice to the European
colonial governments they replaced87.
They can by no means claim
indigenous status over the entire
territories they have assimilated88.
109. The “pious excuses”89 found
to ethically justify this are equally
suspect in the contemporary context
of developing countries and states in
Asia, though the precise vocabulary
may have been modified to conform
to current political, economic and
social imperatives90.
Provisions of the government of
India for indigenous and tribal
peoples
110. The government of India does
not recognise indigenous peoples as
distinct nationalities of the Indian
State. In fact, it denies that any ethnic
group is more or less indigenous than
any other. In a country the
geographical extent of India, with the

40 beyond the horizon June 2018 June 2018 beyond the horizon 41
evident and frequently applauded
diversity of cultures and ethnic origin
and with its very recent history as a
single political entity, this denial is
patently absurd and in the demonstrable
political, economic and cultural vested
interests. Policies of the government
and the dominant sections have
unequivocally been targeted at
assimilation. The resurgence at the
highest political and cultural levels of
fundamentalist Hindutva and its
implications, already demonstrated as
aggressively annihilatory and
assimilationist, are indicative of this
intrinsic bias91.
111. There is a President of India’s
list of “Scheduled Tribes”. Inclusion
in this list of some indigenous peoples
as “tribal” has, from inception been
derogatory to their rights. While some
elements of land protection has been
provided these have been minimal,
recognizing only usufruct rights. Even
these have been violated more than
observed92.
112. Many colonial laws inherited
from British governance, ratified with
barely any substantive modification,
has been imposed on the peoples of
India 93 . These are especially
anathematic and destructive to the
indigenous peoples.
113. Inclusion of indigenous
peoples in this scheduled list is also
selective. A number of peoples, in
Manipur notably the Meetei as a whole
and a large number of smaller tribes are
unlisted. This has resulted in no
protection whatsoever for their lands
or indigenous institutions.
114. Notably, Manipur, which had
held exercised adult franchise with an
election before the successor
government of India did, was not
permitted to hold elections subsequent
to the annexation. It was governed as
a Part “C” state (Constitution of India)
until 1952, when it was declared a
Union Territory under the direct
governance of Delhi.
115. In 1972, after twenty-three
years of suspended sovereignty,
following years of demands and violent
repression for a government
responsible to the people, was Manipur
declared a full fledged state of the
Indian Union with its own Legislative
Assembly.
116. Subsequently the elected
government has suffered from
immense constraints in acting as a
democratic government. The
continued massive presence of State
military and para-military forces
protected by emergency laws is
empowered to overrule civilian
governance at all times. Repressive
laws against the demand for restoration
of civil and political rights frequently
act against the civilian population94.
Economic pressures against the State
Government and the people such as
suspension of overdue payments to the
administration are frequently invoked
in order to bring the State
administration in line with Central
decisions. As it has been since British
colonial times, the indigenous peoples
of Manipur are permitted only a
nominal participation in the landed property rights.
governance of their own lands. 119. The indigenous self-governing
systems have all been dismantled at the
The impact of loss of sovereignty on national level through legislation
indigenous society: the case of imposed under first the British and then
Manipur India’s constitution. Consensual
117. Loss of sovereignty has processes making for informed and
critical impact on the lives of the cohesive people’s decision making
indigenous peoples of Manipur. Both have been replaced with a corrupt
discriminatory and assimilatory electoral system at every level that
policies have been used with equal incites violence and disunity in the
success to achieve this. Most interests of acquiring personal power.
importantly, the peoples have lost the 120. Consensual and collective
right to identify themselves as a distinct self-governing institutions are however
identity. The census of India classifies struggling to retain their viability,
them only by religion such as “Hindu” supported at grassroots level even
and disguises indigenous identity when actively disempowered and
separate from mainstream “Hindus.” criminalized by State agency and
Demographic information is therefore legislation. Communities still prefer
difficult to analyse especially to adhere to indigenous law practices
concerning population of mainstream in resolving disputes and to recognise
Hindus incoming as settlers95. traditional authorities in day to day
118. Concepts of exclusive decision making. Even armed
territorial rights have also deeply resistance groups are invited to
affected and derogated the relations arbitrate and carry out sentencing in the
between the three major groups of case of crimes or disputes rather than
indigenous peoples inhabiting these government agencies as representing a
territories. While it is not claimed that truer leadership of the people than the
there was an unbroken peace existing alien structures of governance and
between these groups, certainly there justice.
has never before existed the concept 121. Traditional voluntary
of ethnic cleansing for the purpose of associations of youth have developed
claiming territorial exclusivity or into two forms. The naharol or the
domination of internal governance “youth” under the guidance and
within each other’s communities. This leadership of recognized elders are
genocidal conflict is a recent voluntarily participating in large
phenomenon and a direct result of numbers in the armed resistance and
colonial intervention in these national liberation movements. Less
territories and the introduction of the controversial developments have been
concept of exclusive territoriality and the formation of local clubs and

42 beyond the horizon June 2018 June 2018 beyond the horizon 43
associations dedicated to voluntary
community services such as
maintenance of common spaces,
promotion of sports and preservation
of culture and providing human
resources for community activities of
innumerable categories and of militant
students movements.
122. The status of women and the
involvement of their institutions at
different levels of decision making
have also been totally disrupted in
favour of an alien patriarchal and elitist
governing ethic. Integration with India
can be said to have affected most
destructively the position of
indigenous women as co-equal
partners in especially in some groups
such as the Meetei society. These
institutions have also not died, but
have undergone radical modification
to respond as effectively as possible
within imposed constraints to
contemporary social needs. The meira
paibi, a development of the women’s
body politic, the nupi keithel or
women’s market and its still existing
though modified credit institution, the
marup, the nupi pala or women’s
cultural associations and remnants of
the maibi loishang are still effectively
functional.
123. Land rights have been
extensively damaged through several
processes. The British, in 1874 set up
the system of registration of parcels of
homestead and agricultural land
holdings in individual names under a
process called “land settlement”. The
successor government of India has
continued this practice. Extensive tracts
of clan and village commons and water
resources have been taken over by the
State with the stroke of a pen, severely
pauperising the community in the
process. Individual ownership has also
led to fragmentation of land holdings
and subsequent alienation from clan and
extended family.
124. Frequently land has been
alienated from the indigenous people
entirely and sold to non-indigenous
individuals and institutions with better
access to cash and institutional finance.
It must be noted that in the entire
present state of Manipur, this fraction
of land, the territory and ancestral lands
of the Meetei, already demarcated and
reduced by colonial authority, is the
only land that is so alienable by law.
125. Since there are no laws
controlling the migration of mainstream
populations into the region or their
acquisition of land, traditional lands are
being intensively settled at a pace that
not merely is reminiscent, but outstrips
that of European colonisation.
Successive central and provincial or
state governments of India, in their
overriding pre-occupation with and
concern for vote banks are actively
colluding in such settlement.
126. Natural resources are no longer
managed by the institutions of
indigenous peoples communities, so
forests have been stripped, water bodies
destroyed by pollution, hydro-
electricity generation projects and
neglect of maintenance. The migration
of other peoples into these lands has
occurred at such a high pace that there
is massive conversion of agricultural
lands and wetlands to urban uses. The
environmental stability of the sensitive
and precious ecosystems is severely
compromised. The degradation of
traditional religious and cultural
institutions has also led to the rapid
extermination of previously sacred bio-
diverse reserves with disastrous effects.
127. Most of this marginalization of
indigenous authority and practice has
been engineered in order to facilitate
the functioning of a huge range of
extractive industry. There are, on the
other hand, literally no modern
production facilities at all for even basic
goods like buckets. A small coterie of
Indian traders, introduced by the British
as part of their colonizing process, some
of whom are still resident though many
have established themselves in
continental Indian, entirely controls the
trade.
128. The per capita income and the
infrastructure development are
considerably below the national levels.
Financial institutions support no
investment or commercial activity
except by the North Indian traders and
unrecoverable loans sanctioned by
political fiat.
129. Only recently, and after
sustained demand (which it might be
added was treated by the State as a
national security issue, with violence by
armed forces against peaceful
children’s and student’s
demonstrations) was the Meetei
language recognised as a State
language. The majority of the
indigenous languages of peoples of
Manipur are still not recognised.
However, few resources are available
for its development and of the
development of other cultural
expressions, the less said the better.
However, it must be commented that
the ancient art forms of the people are
designated “folk” as opposed to
classical and treated accordingly.
Indigenous history is also distorted to
the ends of the mainstream and a
considerable amount of irretrievable
knowledge, even of archival
manuscript documents, is being lost
and destroyed by neglect of State
institutions purportedly established to
conserve them.
VII. COMMENTS ON
CHAPTER IV - LOOKING
AHEAD: CONCLUSIONS AND
RECOMMENDATIONS
130. Opening the chapter on
conclusions and recommendations, the
Special Rapporteur states three
elements to be taken into account at
the time of formulating these:
a) His own mandate as established
by the Commission on Human Rights
resolution 1988/56 and ECOSOC
decision 1988/134;
b) The outline of the study
submitted to the Working Group’s
parent bodies and explicitly or
implicitly endorsed by them;
c) The issues mentioned in the
Cobo study as possible questions to
be elucidated in a study such as the

44 beyond the horizon June 2018 June 2018 beyond the horizon 45
one now ending.
131. The first conclusion presented
concerns the primacy of the issue of
recognition of indigenous peoples’
rights to their lands “in a way acceptable
to the indigenous people concerned”96.
The second conclusion clearly
enunciates the basis for resolving the
indigenous problematique as political
rather than juridical97, that the overall
problematique is also ethical in nature
and stresses the imperative to “undo,
even at the expense if need be of the
straitjacket imposed by the unbending
observance of the rule of (non-
indigenous) law – the wrongs done.”98
132. He also endorses with “no
doubts ... the much debated issue of the
rights to self determination” as
“inalienable” 99 and that any
contradiction that may emerge between
indigenous peoples and the States in
which they now live should be resolved
peacefully and with effective
participation of indigenous peoples100.
133. Regarding the admissibility of
nation status of indigenous peoples,
according to conclusions drawn from
his study, the Special Rapporteur states
that “all that is required is that the
entities possess the necessary elements
to be considered international subjects:
territory, population, an
institutionalized form of government
and thus the capacity to conclude
international agreements.”101
134. We also applaud the Special
Rapporteur ’s principled and
contemporary position regarding the
unacceptability of the use of force in
conferring rights102
135. These conclusions bear out
and continue the proud tradition of the
work carried out by the United Nations,
and particularly by the Working Group
over the years of impartially and
consistently working through the issues
of indigenous peoples’ rights, for the
human rights of all peoples. We would
like to unreservedly appreciate the
principled stand that the Special
Rapporteur has taken in these
questions.
136. The inconsistencies between
these conclusions and the body and
recommendations of the report are,
therefore, inexplicable. The
conclusions seek to universalize a clear
recognition for indigenous peoples’
rights in the context of their ancestral
lands and territories and to confirm
their status as sovereign nations and
peoples in their own right. At the same
time, the study arbitrarily
disenfranchises the majority of
indigenous peoples of large sections of
the globe. The charges of
discrimination against indigenous
sovereignty and nationhood 103 may
with equal force be leveled at this
report itself from the perspective of
indigenous peoples of Asia and Africa.
137. In contrast to the repeated
mention in the study of certain obvious
lacunae with regarding to documents
and information about the situation of
the indigenous peoples in Asia and
Africa, the conclusions have refrained
from providing a vision for addressing
satisfactorily these important
shortcomings mentioned. In the global
and urgent context of the rights and
fundamental freedoms of indigenous
peoples, a failure to provide room for
further examination of the question of
treaties, agreements and other
constructive arrangements between
States and indigenous peoples in Asia
and Africa would amount to a failure
to attain particular primary objectives
of the work being carried out in the
United Nations.
138. The recommendations for an
Internet page and for workshops may
do much towards increasing sensitivity
and awareness of indigenous peoples’
issues and so presumably encourage a
global adherence to the promotion and
protection of the rights of indigenous
peoples.
139. The recommendation
concerning the resolution of
conflicting claims between state parties
and indigenous peoples and nations
within the framework of domestic laws
is excellent but incomplete. It entirely
overlooks the necessity to recommend
strategies or institutional arrangements
for negotiation and arbitration at the
international level despite repeated
criticism of the viability of domestic
processes as instruments for delivery
of justice.
140. In contrast to the Special
Rapporteur’s trenchant criticisms of
the process of domestication of
indigenous issues which are essentially
inter - national, (in Chapter III: A look
at the present: Origin, development
and consequences of the domestication
process), his recommendations focus
solely on strengthening only the
existing domestic institutions,
mechanisms and processes for
governing and arbitrating indigenous
peoples’ lands and territories and their
treaty covenants with States104. This is
inexplicable, considering the strong
critiques embodied in the study and
conclusions of the study regarding
prejudices, biases and imperatives of
States which effectively derogate the
just status and rights of indigenous
peoples and nations105.
141. The draft United Nations
Declaration on the Rights of
Indigenous Peoples, in Article 3,8 and
9 and other Articles, inter alia 25 and
26, directly bear on and recognises the
right to unqualified self-determination
of indigenous peoples and nations. To
recognise indigenous peoples’ rights as
sovereign peoples and nations appear
at best to be theoretically conceded.
Nevertheless, there appears to be a
reluctance to admit them as full
members of the international
community of nations in practice. This
is certainly derogatory to their rights.
While a strengthening of domestic
institutions is undoubtedly an
important avenue for redress, exclusive
or even great reliance on it’s viability
must be placed squarely in the
historical context of the relationship
between States and indigenous peoples.
142. The enforcement of unequal
or coercive treaties categorically
infringing on the sovereignty of
indigenous peoples, such as those

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