Fellow Nagas of Nagaland… at long last the authentic contents of the “Competency Clauses” that the NSCN (IM) has been secretly negotiating with the GoI for the past few decades has finally surfaced…albeit clandestinely. At the outset let me make it clear that the subject is complex with many clauses and sub-clauses requiring further scrutiny and discourse. For the present, however, I am selectively concentrating only on the more glaring segments in the Competency Clauses that deserve focused evaluation of the stakeholders as much as to generate greater awareness. Further, I would like to emphasize that whatever is being said herein is being said based on the hard facts of existing evidence as recorded in the Competency Clauses and not on a wild conjecture…so let’s get down to business.
The Competency Clauses document (henceforth referred to as CC for brevity) opens with a subject on NAGA GOVERNMENT which has approximately 16 sub-clauses therein….followed by the main text of the CC consisting of 43 main Clauses in total, dealing with a wide range of issues. In all fairness to the NSCN (IM), their CC has comprehensively addressed the overall sentiments of the Nagas, making a valiant effort to safeguard the legitimate concerns of identity and rights of the Nagas in its relationship with the Government of India (GoI). Having said that however… according to the NSCN (IM)’s interpretation of ‘shared sovereignty’ as enunciated in their CC, one gets a feeling that it is somewhat being overrated or being misrepresented by them for public consumption. Further, it is in the home front that the CC of NSCN (IM) contains some rather uncomfortable gray areas related to the subject of co-existence of the Nagas of Nagaland with other Nagas from other States of Manipur, Arunachal Pradesh, and Assam, in the new dispensation, which is honestly being perceived to be detrimental to the Nagas of Nagaland and even for the Nagas of Arunachal Pradesh and Nagas of Assam in the post settlement era.
As for the Nagas of Manipur, it will get imposed in their own backyard and so they can do as they please even if it gets to be unfair for their government of the day. However, before walking into our own Naga kitchen let us first focus our attention on the larger subject of “Shared Sovereignty”. The NSCN (IM) would have us (the stakeholders), believe in their delusional definition of what they consider as “sharing the sovereign power as defined in the competencies” mentioned in the Framework Agreement between the Government of India (GoI) and the National Socialist Council of Nagaland (NSCN)… signed on 3rd August, 2015.
As a starter let us therefore begin with the all important definition of “sharing sovereign power” as perceived by the NSCN (IM) in their Competency Clauses being reproduced verbatim hereunder:
Clause 29. CONSTITUTION (YEHZABO):
(a) This Agreement shall constitute a constitution which shall be called ‘Yehzabo’, covering the areas of its own competencies.
(b) The Yezabo shall be incorporated as a separate chapter in the Constitution of India. (Re-read this sub-clause (b) very carefully…with a clear headed focus on the definition of this “Yehzabo” being “a separate chapter in the Constitution of India”…(repeat): in the Constitution of India. By no stretch of imagination can we therefore even vaguely differentiate this so-called “Yehzabo” of NSCN (IM) to be anything else but a part and parcel of the Indian Constitution.
To begin with, the status of an independent sovereign entity diminishes, rather disappears the moment this “Yehzabo” is enshrined within the Indian Constitution (even if as a separate Chapter). There is hardly any distinctive difference of status between the NSCN (IM)’s “Yehzabo” and the often ridiculed Article 371(A) of the Indian Constitution…other than the change in the nomenclature. The overall applicable principles remain the same within the Indian Union. The stakeholders may exercise their own independent evaluation on this).
Having said that, let us now walk straight into our very own Naga kitchen as crafted in the CC by the NSCN (IM). Under the opening chapter headed as NAGA GOVERNMENT, sub-clause (d) states as follows: (quote): “Consequent upon and consistent with this Agreement, a new Naga Government shall be established which shall be called the “People’s Government of Nagaland (PGN).” (I can hardly fathom what the difference is between the existing “Government of Nagaland” and this “People’s Government of Nagaland” unless this word (People’s) represents an automatic inclusive citizenship status in Nagaland for all Nagas from everywhere else beyond the present boundary of Nagaland or is it an attempt to induct the spirit of Communism in governance?
Strangely, related or unrelated as it may be, Clause 2: sub-clause (h) of the CC says that (quote): “Naga people shall have two political parties for a certain period of time.” (Unquote). Given this scenario it appears that the “People’s Government of Nagaland” is intended to be more authoritarian in nature, nullifying the fundamental right of choice of an individual or a people, rather than a democratic one with the freedom of choice. It is rather difficult to decipher what it all means. NSCN (IM) owes an explanation to the people on the above subjects).
(e) The PGN shall represent the legitimate rights and interests of the Nagas. In the matters of her own affairs, as mutually agreed upon, Nagaland shall be sovereign. (Simply put…it projects subjects which will fall under State List where the Centre would have no jurisdiction to interfere. This is an existing norm for all States in the Indian Union where there is a designated Central List, State List and Concurrent List delineating the respective authorities).
(f) In the Naga areas contiguous to the present Nagaland state, present Assam, present Arunachal Pradesh and present Manipur, there shall be Naga-Self-Governments respecting the legitimate rights and aspirations of the Naga people which shall exist until integration. The Naga-Self-Governments shall have Legislative, Executive, Judicial and Financial powers. (unquote). (The above picture depicts the political landscape of the Nagas in the post-solution era. It is obvious that ‘Integration’ is not an immediate part of the final solution.
The ambiguity of clause (e) wherein it states that ‘the PGN shall represent the legitimate rights and interest of the Nagas’….yet again raises a troublesome question: Does this imply that the State of Nagaland will be treated as the Flagship for all the Nagas within and outside the state of Nagaland… in the absence of Integration? This is a subject that has repeatedly been addressed in the past, questioning the intent of our Southern brother along with all the other Nagas wanting to enjoy dual benefits both in their respective Naga Regional Territorial Council (NRTC) and DCs and also in the PGN guided by their fundamental philosophy of “Mine is mine… yours is ours” at the cost of the Nagas of Nagaland.
NSCN (IM) needs to come out openly and provide honest clarification on this issue. This disturbing trajectory of dual citizenship is further accentuated by Clause 7 of the Competencies dealing with the issue of PAN NAGA HOHO).
Clause 7: PAN NAGA HOHO (PNH): Of all the Clauses in the list of Competencies this segment is the most detrimental clause that will put the Nagas of Nagaland at a tremendous disadvantage for all times. In order to let the Nagas of Nagaland make up their own mind on this subject as to the true nature of what this PNH is all about, all the sub-clauses under this PNH in the CC is herewith being reproduced verbatim below:
(a) Basing on the Unique History and Situation of the Nagas a statutory Naga Body that may be called Pan Naga Hoho (PNH), comprising all the Naga Tribes, wherever they are, will be established to safeguard and promote Naga identity, integrity and interests including social, cultural and customary practices, language and dialects of various Naga Tribes.
(b) Until integration PGN, NRTCs & DCs shall have due consultation with the PNH on matters concerning the above subjects.
(c) The PNH shall have 130 members
(d) The PNH will also play an advisory role in the field of promoting education and development.
(e) The PNH shall be constituted based on the Naga customary system beginning from the village level that reflects their democracy in its pristine form. It shall also comprise eminent Naga personalities nominated by the PNH.
(f) Representation to the PNH shall be elected/selected by the respective tribes or regions democratically and population wise.
(g) There shall be adequate representation of women and minorities in the PNH.
(h) The tenure of PNH shall be six years.
(i) The PNH shall have an Executive Council (EC) comprising fourteen (14) members headed by the Chairman. The members of the Executive Council shall be accorded honourable positions. The Chairman, the Vice-Chairman of EC and its Executive members shall be in the rank of Cabinet.
(j) The PNH shall have a separate fund for its establishment, administration and maintenance which shall be borne by the GoI.
(k) On the advice and recommendation of the PNH the President of India may nominate an eminent Naga person to the Rajya Sabha.
(l) The powers and functions of the PNH shall be duly worked out.
Firstly, the Indian Parliament will blatantly be violating Article 371 (A) if it creates a statutory Cultural Body like the PNH, since this is a matter that is directly related to culture, customs and tradition which is purely and unambiguously a state subject as enshrined in the Constitution. It would be terribly counterproductive on the part of the GoI to continue taking unilateral decisions, abrogating and overriding past and present standing statuary agreements and further fracture the already fragile “Trust Deficit” that prevails to date.
Secondly, when there is a full-fledged Statuary Government formed through the elected representative it defies all logic and rationality to superimpose another alien Statutory Body like the PNH playing an advisory role or any role for that matter, over the elected Government in the field of Education and Development as reflected at sub-clause (d) above. GoI and the NSCN (IM) ought to revisit this subject and take corrective measures to right the wrong.
Thirdly, the NSCN (IM) would have us believe that PNH would be playing only ‘an advisory role’…but take a closer look at sub-clause (i): The PNH shall have an Executive Council (EC) comprising fourteen (14) members headed by the Chairman. The members of the Executive Council shall be accorded honourable positions. The Chairman, the Vice-Chairman of EC and its Executive members shall be in the rank of Cabinet. Does this designated ‘rank of Cabinet’ sound like an organization that intends to play an advisory role only? At sub-clause (b) above the NSCN (IM) has further reinforced their intention by stating: “Until integration PGN, NRTCs & DCs shall have due consultation with the PNH on matters concerning the above subjects.”
On ground reality our Tangkhul ‘brothers’ in the NSCN (IM) are trying to set up a very elaborate plan to empower PNH with a legally mandated clout to continue dictating their will over the so called “People’s Government of Nagaland”, NRTCs in Manipur, Arunachal Pradesh and DCs in Assam even in the post settlement era!
Under Clause 2 of THE COMPETENCIES concerning LEGISLATURE AND EXECUTIVE, the NSCN (IM) talks about a Bicameral set up in Nagaland with Lower House and Upper House… which shall be termed as Tatar Hoho… that the Lower House would consist of elected representatives based on universal adult suffrage. As for the Upper House ‘Tatars’ shall be democratically selected/elected from various tribes or regions. (Does “regions” imply that our Nagas in Manipur, Arunachal Pradesh and Assam will also be eligible to become a member of the Upper House in Nagaland?
The icing on the cake is well and truly reinforced under Clause 2: sub-clause (e) which states (Quote): “ In the present, the number of seats to the Upper House shall be forty (40), out of which 6 shall be nominated by the PNH”. (Unquote).
Similar nominating power being invested in the PNH has also been stipulated for NRTCs and DCs. NSCN (IM) is obsessively attempting to create a Frankenstein in the guise of PNH weaving an intricate web of intrigue to keep the Nagas of Nagaland under their domination even in the post solution era. Having so elaborately structured the PNH already, the NSCN (IM) is still not satisfied with whatever has been laid out as powers and authority and has left a residue sub-clause (L) under Clause 7 stating that “The powers and functions of the PNH shall be duly worked out”… leaving a scope to augment and reinforce eventual shortfalls of authority as they go.
The Nagas of Nagaland would perhaps be able to tolerate PNH just as a simple platform to generate emotional and cultural integration ONLY…but the investment of this diabolical authority of interference to override a legitimate elected Government through PNH is an absolute insult to the intelligence of the Nagas of Nagaland which is uncalled for as much as it is an unpalatable garbage! The Nagas of Nagaland has ably survived all these years without having to depend on the wisdom of the “elder brother of the Meities” and must firmly stand our ground in opposition to PNH without any compromise!
Fourthly, while there is absolutely no mention in the CC as to where this PNH will be headquartered, it is a foregone conclusion and being taken for granted that the target is “Hebron and Intangki Reserve Forest”. It does not take a rocket scientist to recognise this intent. If so, Nagas of Nagaland would have struggled for the past 77 years for self-determination and at the end of their journey, land up losing what they already had…their right of ownership and control over Intangki Reserved Forest.
Finally, the entire picture of “sharing sovereign power as defined in the competencies” is totally diluted in that the Competency clauses is replete with statement such as: “PNG shall have a separate budget, ensured and allocated by the GoI”; The same goes for the so-called NRTC and DCs; “GoI shall provide necessary logistic and financial support for raising, equipping and maintenance of the Naga Armed Forces”; Anything but everything in the CC concerning infrastructure, development, administration, management is all expected to be fully funded by the GoI… with a lame rider “until such time the Nagas are able to manage by themselves”; The picture of a beggar looms large in the forefront rather than a picture of a dignified honourable entity “sharing sovereign powers”.
The canvas of a subordinate status gets further painted in CC 2: sub-clause (k) where it states that “The “Yaruiwo” (President) and “Kedallo” (Vice-President) “shall be elected by both Houses of the Tatar Hoho” but it is the President of India who “shall issue a proclamation for assumption of office”; The same principle applies to many other areas of operation and management where action to be executed has to be notified or proclaimed by the GoI before it gets a legal status.
CC 4: Related to POLITICAL REPRESENTATION Sub-clause (c) states that “Representation to the Lok Sabha (LS) and Rajya Sabha (RS) in the Indian Parliament from the present Nagaland state, NRTCs & DCs shall be as follows: (i) Present Nagaland= 3LS & 2 RS; (ii) NTRC in Manipur=2 LS &1 RS; (iii) NRTC in A/Pradesh=1 Each (LS &RS); (iv) Naga Areas in Assam= I Naga nominee in RS; (Suppose we were to humour NSCN (IM)’s claim that Nagaland is a ‘sovereign Entity’, then doesn’t this arrangement look a little out of place?
In the arena of International jurisprudence, a ‘sovereign entity’ conducts its affairs with another ‘sovereign entity’ through a Diplomatic linkage. Here NSCN (IM) is talking about Nagaland as a ‘sovereign entity’ seeking a direct membership into the mainstream Indian Parliament as reflected above. The point being made is simple. NSCN (IM) must honestly acknowledge and recognize the reality of its very own Competency Clauses as it is. There is no need for them to struggle so hard to try and convince the stakeholders that they have salvaged close to a full-fledged ‘sovereign status’ for the Nagas, because the ultimate truth and reality of the Competencies so defined by the NSCN (IM) is all structured within the Indian Constitution.
Given the circumstantial ground reality as reflected above, the so-called ‘Flag’ and the ‘Yehzabo’ has no real practical significance other than to derive an emotional satisfaction. After all, what practical purpose does it serve flying the ‘Naga flag’ beneath the Indian flag with the ‘Naga Yehzabo’ enshrined within the Indian Constitution even if as a separate chapter? To my mind, making this issue a roadblock to the final settlement is therefore not really warranted.
The NSCN (IM) ought to know that stakeholders will surely understand the complex environ they have been working in and would gladly acknowledge their efforts and the final outcome as long as it is honestly and transparently explained and presented.
KHEKIYE K. SEMA IAS (Retd)
3rd Mile Thilixu Village
Dimapur, Nagaland; 11.10.2023