Impunity & the Violence Within

The Armed Forces (Special Powers) Act, 1958 (AFSPA) has been in operation in the North East India for more than four decades. The Act grants wide powers to the armed forces of the Union, including the power to shoot on suspicion, once an area is declared 'disturbed'. No legal action can be initiated against the armed forces unless prior sanction is obtained from the Union Government.

With its prolonged imposition, the cycle of violence had only increased both in geographical spread and intensity. Enforced disappearances, arbitrary executions, torture, rape, house breaking, looting, arbitrary detention, etc. have become a part of everyday life in Manipur. And yet, few perpetrators of these gross violations of human rights ever got indicted or prosecuted. For all practical purposes, the armed forces enjoy complete immunity under the Act.

Amnesty International termed it as the Official Sanction for Killings. The UN Human Rights Committee called it the using of emergency powers without resorting to Article 4(3) of the International Covenant on Civil and Political Rights (ICCPR) and infringing upon Articles 6, 7, 9 and 14 of the Covenant. In fact, after consideration of the Third Periodic Report of the Government of India (GOI) in August 1997, the Committee, making specific reference to Manipur, pointed out the imperative need to monitor closely the exercise of the emergency powers.

Two and a half years have gone by since the UN body's recommendation. But there is no change in India's restriction to the entry of international human rights monitors. No Thematic Rapporteur of the UN Human Rights Commission, no international NGO, not even the International Committee of the Red Cross (ICRC) has set their feet on the soil of Manipur.

In the meanwhile, the Supreme Court of India has upheld the constitutionality of the AFSPA on 27 November 1997. And the democratic space for protest is dwindling. Efforts by human rights groups to observe 27 November 1999 as Anti-Armed Forces (Special Powers) Act Day was banned by the Manipur Government, dubbed it as 'anti-national', sealed the meeting hall and arrested the organizers.

Under the circumstances, Human Rights Alert (HRA), which is a local human rights NGO, has taken up the task of monitoring the human rights situation here in Manipur. With the objective of constantly updating the international human rights community with the situation in Manipur, HRA is bringing out this monthly newsletter entitled Manipur Update.

Every issue of Manipur Update shall have an Agenda. This inaugural issue, we are focusing on the Armed Forces (Special Powers) Act, 1958 itself. Our Agenda for the next issue in January 2000 will be on Women's Rights.