Nagaland Assembly discusses matter on ‘Fencing of Indo-Myanmar Border’

Our Correspondent
Kohima | March 1

The fourth session of 14th Nagaland Legislative Assembly (NLA) had thorough discussion on matters of urgent public importance pertaining to “Fencing of Indo-Myanmar Border.”

Initiating the discussion, MLA Kuzholuzo (Azo) Nienu and Leader of NPF Legislature Party said that the decision to revoke the FMR and fence the India-Myanmar border is currently surrounded by misconceptions and misrepresentations of the prevailing reality.

He said that the colonial boundaries drawn in 1826 after the Anglo-Burmese War respected the close traditional, customary, and kinship ties among cross border tribal communities. Moreover, the FMR which was harmonised and formalised in 2018 by the present BJP Government recognised the artificial nature of these boundaries and facilitated the friendlier relations with Myanmar.

Since time immemorial Nagas have been living in our God given land in our own way of life with our own traditions and customs long before the birth of India that is August 15, 1947 and Burma (Myanmar) on January 4, 1948 as independent and sovereign nations, he said.

From the beginning both India and Burma (Myanmar) operated a Free Movement Regime (FMR) for the tribal communities living along their common border, recognising the age old economic, social and cultural ties.

The Burma Passport Rules of 1948 allowed indigenous populations of all the countries bordering Burma to travel to Burma without Passports or permits, provided they lived within 40 km from the Border. So it was Burma who had taken the first step for operation of Free Movement Regime. Followed by India in the year 1950, India also amended its passport rules to allow the tribes residing within 40 km around the border to travel to India and stay up to 72 hours or 3 days to be precise.

Thereafter, after 17 years on March 10, 1967 Burma and India signed a boundary treaty which delimited their common frontier in detail and in 1968, India unilaterally introduced a permit system for travelling across the border and in the year 2004 after a gap of 36 years India reduced the travel limit to 16 km then after a gap of 10 years in the year 2014, India proposed a formal agreement with Myanmar and after negotiations, an Agreement on Land Border Crossing was signed by the two countries on May 11, 2018. As per the agreement, the residents of the two countries living within 16 km of the border are issued border passes, which they must carry at all times after crossing the border, which both the countries enjoyed this freedom of movement through this agreement till date.

Azo said that the passes are usually valid for a year and they can stay on the other side for up to 14 days per visit. As per rough statistics there are over 250 villages with over 3 lakh people living within 10 kms of the border who frequently cross the border through small and large formal and informal border crossings this includes both countries.

For this very FRM, this two countries enjoyed friendly relationship and even trade and commerce prospered due to this FRM or Agreement.

“Then to our surprise last month January 2024, the Government of India hinted its intention to terminate the Free Movement Regime and the proposal to fence the boundary between the two countries has shocked all of us it is politically illogical,” Azo said.

The first thing we need to analyse is the reason why this FMR has to be abolished after 71 years of its peaceful existence. In the 50s, they had already divided us mentally and now they want to divide us physically forever. This decision came to us as a shock especially to the Nagas including the entire Northeast state. This I should say is Illogical and cannot be accepted by the Naga communities from whichever state he or she maybe, Azo said.

GoI blaming insurgency and drug peddling for closure of FMR are not valid grounds to me, I believe they have a hidden agenda and that is to check the influx of Christian population as the Hindus are minority in almost all the NE states, to me the above reasons are not strong and valid for removal of  FMR, he said.

The injustice rendered to the Nagas by dividing the Nagas by the then Prime Minister of India J Nehru and the then Burmese Prime Minister Un nuo in the 50’s is indeed disheartening. They violated the Arbitrary International boundary by drawing an unexpected imaginary line that divided the Nagas, dividing one Tribe and Family. This History is indeed one of the cruelest things that has ever happened to the Nagas. To me this is not practical nor wise or reasonable, Azo said.

“So my point of contention to this August house is to pass a resolution requesting the GoI to consult all state Government or stake holders before taking a final call and also requesting the GOI to regulate a system and adopt stringent law in checking insurgency and drug peddling, instead of fencing the borders, perhaps there are better ways of dealing with issues, rather than directly trying to hurt the sentiments of its innocent citizens,” Azo added.

Participating in the discussion Deputy Chief Minister TR Zeliang said “We have observed that this plan of the Government of India to fence the Indo-Myanmar border is being staunchly opposed by majority of our people.” There have been several condemnations in print and social media raised by individuals and organisations.

He said “Our Naga ancestors lived as free people without any artificial borders until the Treaty of Yandabo in 1826 which established the current India-Myanmar boundary and eventually, today the Naga family is divided and lives in two different Countries -India and Myanmar. This Treaty of Yandabo ended the First Anglo-Burmese War (1824-1826) but separated communities with shared ethnicity and culture, including the Nagas as well as the Kuki-Chin-Mizo communities without their consent and agreement.”

In particular, he said the Naga people were arbitrarily divided by an imaginary boundary lines demarcated between the two countries, India and Myanmar, and this has divided the same asthenic people without their consent. This was the handy work of the Britishers and both the Countries, Myanmar and India, inherited the British policy of divide and rule.

“As for the Nagas, we must understand that the land of the Naga people within Indian States like Manipur, Assam, Nagaland, Arunachal etc. come to about 50,000 Sq Km whereas the area of Burma-Naga consists about 90,000 Sq Km Half of the Naga family resides in Myanmar and the other half in India. All the border areas along Indo-Myanmar are neglected by both Countries and remain backward land locked,” Zeliang said.

As a result, the areas became a safe sanctuary for all kind of unwanted antisocial elements which continue to exist in those areas till date.

“My humble suggestion is that both the Country’s top political leaders work out strategies to transform those land-lock areas along the border by improving connectivity between the two Countries, strengthening security posts and administration system in sensitive pockets instead of constructing border fencing,” he said.

He cited that when Nagaland state was created in 1963 from undivided Assam, the consent of the Naga people living in present-day Manipur or Assam was not considered.

Whereas, in 1972, when the present-day Meghalaya State was created, the Garo people were asked to choose whether they wanted to remain with Assam or be part of the new Meghalaya State.

The Garos decided to be with the newly created State of Meghalaya and accordingly they were placed under Meghalaya and whereas, this fundamental right was not applied in the case of the Nagas, he said.

Zeliang expressed his opposition against any further division of the Naga people by way of constructing border fencings in Naga inhabited areas particularly in present-day Nagaland.

It is well-known today that the Naga people were divided by artificial boundary imposed by foreigners without their consent and knowledge. Yesterday, it happened but today the Naga people cannot let it happen again- the bottom-line is, there cannot be any further division of the Nagas by construction of border fencings, he said.

He said that the State of Nagaland shares 215 Kms of International Border with Myanmar and the agenda behind the division of this border land of the Nagas is precarious and unjustified.

“The issue of influx of illegal immigrants, like that of the Chins, Rohingyas etc. into India has no similarity with the Naga issue. For instance – the Chin-Kuki-Meitei problem cannot be equated with the Naga situation because the Naga people have been living together peacefully as a family unlike the case of Chin-Kuki-Meitei in Manipur or in other parts of India. The contention of Manipur cannot be compared with Nagaland context because there exist social harmony on both side of the border in our case since we belong to the same ethnic group and whereas, in Manipur’s context, the demand is for fencing the international border due to influx of illegal immigrants, he said.

Taking the case of Noklak District and its traditional landholding system, he said the District of Noklak stands to lose 3500 acres of land which the local populace have been cultivating for generations if boundary-fencing is initiated.

“The local communities living on both sides of the border in this area have very close cultural and social affinity and there are instances where they hold land on both sides of the border. Also in spite of the open and unguarded border, there is practically no migration of the native Nagas across the international border. This is basically because of the strong attachment the Nagas have for their ancestral land its land-holding system,” he said.

He said that the Act East policy of the Government of India under  Prime Minister Narendra Modi which intends to improve trade and communications across the Indo-Myanmar border would be defeated if boundary fencing is given the go-ahead.

Furthermore, in his opinion, the FMR which aims to facilitate local border trade, improve access to education and healthcare for border residents, and strengthen diplomatic ties must neither be scrapped nor modified without taking the grassroot populace into confidence.

Under FMR, cross-border movement is permitted up to 16 Kms without a visa but the idea of fencing the Indo-Myanmar Border and to scrap even this prevailing privilege will antagonise the Naga people because for the Naga people; the desire to bond and connect, to prosper and to live together as one people is a legitimate right, he said.

Zeliang called upon the Government of India to develop a comprehensive and balanced approach for border management “because any unilateral decision to impose its arbitrary decision to divide the Naga people by constructing border fencings may have deep negative impact in the days to come.”

“This is a serious issue for the Naga people and this august House may pass a strong resolution of opposition and convey to the Government of India the feeling of our people who are vehemently opposing the construction of border-fencing along the Indo-Myanmar boundary bordering Nagaland,” he added.

Deputy Chief Minister Y Patton said that in view of the recognition of the fact that the tribal communities living on both sides of the bordering areas of India and Myanmar (Burma) shared close familial, cultural, and economic ties; right from the beginning, both India and Myanmar (Burma) have made provisions facilitating free movement of the tribal people across the borders.

As far back in 1950, the Government of India had amended the Passport Rules whereby hill tribes, who were either a citizen of India or Burma (Myanmar) and who were ordinarily a resident in any area within 40 km on either side of Indo- Burma frontier were exempted from carrying passport or visa while entering into India.

He said that the Burma Passport Rules also had similar provisions for indigenous populations of all the countries bordering Burma. This situation continued for about two decades, and then in August 1968, a permit system was introduced by the Government of India for travelling across the Myanmar border.

It stipulated that both Indian and Burmese citizens should carry permits issued by their respective Governments while entering into India. In 2004, Government of India decided to reduce the FMR limits to l6 km on each side of the border, and finally on 11th May 2018, India and Myanmar signed the Agreement on Land Border Crossing which formalized the hitherto informal nature of FMR between two countries.

He added that, India and Myanmar share 1,643 km long border which touches four north eastern states; Mizoram, Arunachal Pradesh, Manipur and Nagaland out of the total 1,643 kms, Nagaland shares 2 15 km of international Border with Myanmar.

The communities living on both sides of the international border are having same in Nagaland language, culture, custom, traditional practices and land holding falling system. In some areas there are instances of people holding land on both sides of the border.

“On account of such close social, cultural and economic ties, there is a significant to and for movement of people across the borders in these areas which is facilitated and permitted with certain restrictions by the existing Free Movement Regime of India and Myanmar,” he said.

We, in pursuance of the MHA Notifications, had also identified seven entry/exit points on the international border and empowered the respective Administrative Offices and designated them as Pass Issuing Authority in the year 2017. Later, another eleven entries and exit points were identified, Patton told the Assembly session.

And now coming to the recent announcement of Government of India to suspend the FMR along Myanmar border across the States, and also to construct a fence along the entire border with Myanmar, has expectedly caused deep concern and anxiety among our people, he said.

Patton said that we all know that the boundaries that divide us are not the natural boundaries but man-made, and suspension of FMR and fencing will lead to serious disruption of the close social, tribal and economic ties of our indigenous people living in the border areas as well as denying access to many to their own ancestral lands.

The State Cabinet in its meeting held on February 8, 2024 deliberated on the matter and it was decided to request the Central Government to continue the FMR and also to enact appropriate regulations and lay down processes for movement of people across the borders in close consultation with the people inhabiting the border areas of the State.

The Cabinet further decided to request for suitably bringing in the village council authorities concerned in the entire system of regulations of the FMR.

The State Government has accordingly conveyed its deep concern to the Government of India and sincerely requested for the sake of the people of our State to continue with the FMR and also to work out regulations for movement of people across the borders in close consultation with the people inhabiting the border areas, and for bringing in the village councils in the entire system of regulations, Patton said. He concluded by stating that “we remain committed to continue pursuing for an early and favourable response of the Government of India to our pleas in regard to FMR.”

MLA Jwenga Seb from JDU Legislature party said the sudden decision for termination of the Free Movement Regime (FMR) by the Government of India at the instance of certain state without taking the views of the major stake holders is tantamount to intentional creating of barriers amongst the natural relationship of the same fraternity which will lead to disparities severing the interactions of people who are forcefully put into two different nations.

The decision to fence Indo-Myanmar border at the present imaginary line is also tantamount to parting with a huge area of Indian land to Myanmar Nagaland being a part of Indian Union for now, he said.

He said that the decision to scrap the FMR appears to have been made without sufficient public consultation or transparent discourse, the abrupt termination of this age-old established and seasoned convention for ‘Free Movement’ raises questions about the impact on communities and individuals who have benefitted from the ease of movement across borders.

Seb suggested that “our state government to urge the central government for reconsideration of its decision, taking into account the potential consequences on bilateral relations and the longstanding connections between the people of India and Myanmar advocating for a collaborative approach involving open dialogue with all the stake holders considering diverse perspectives, and seeking alternative solutions that address concerns without compromising the principles of free movement.”

MLA P Longon highlighted the geographical location of the Khiamniungan Naga “to this August House as to how Khiamniungan Nagas are affected and divided into two, Myanmar Khiamniungan and Indian Khiamniungan by this so called Mac Mohan imaginary line which is not accepted by the people living in both sides of the Border area as well as all the Nagas. There are 154 villages under Myanmar and 44 recognized and 5 unrecognized villages in India.”

He said that Border Fencing construction was initially started in 2016 at ITC Pangsha Village and the people of Pangsha agitated and organized Protest Rally and submitted representation to the Prime Minister of India on 12-12-2016 to intervene into the construction of Border Fencing. Then the govt. of Nagaland has also intervene into the matter followed by delegation of Pangsha village council and Khiamniungan Tribal Council to Home Ministry (Delhi) in Jan 2017 to apprise the ground reality of the people living in the border area led by late Toshi Wungtong. Thereafter the construction has been stopped.

He said that approximately about 4,000 to 5000 hac of Jhum cultivating area of land belonged to the Pangsha village falls under Myanmar territory, he said adding “How can we imagine the impact of lost of such huge chunk of Land which belonged to us. I felt that it is the bounden duty of the Government of India to safeguard and subjugate its land and territory rather than dividing it.”

“The people of the border area was given hope when the GOI declared the Policy of Look East and then followed by Act East Policy. People expected Infrastructural development in the border area. Especially the road construction across the Border so that the economic life and condition of the people will be enhanced and upgraded, but instead the GOI has decided to abrogate FMR and erect Border fencing. This is abruptly shocking and injustice to the people of Border areas,” he said.

He suggested that the August House to adopt official resolution opposing the plans to Fence the Indo-Myanmar border and scrap the FMR with Myanmar. “However, the discussion and the resultant decision of this August House shall be a testimony and history to our posterity. Hence, we should take up this issue with all seriousness and resolve to speak in one voice to the GOl to relook and reconsider its decision,” he said.

MLA Dr Neisatuo Mero said “In the event of any restrictions in cross border movement there will be several problems wherein families will he separated, the existing property will be divided, the livelihood of the bordering people may be at stake due to economic limitations and it may invite Law and Order situations.”