Naga Framework Agreement: Time to Ink It

The reluctance of the Government of India to go ahead with the implementation of the Framework Agreement seems to emanate from the abrogation of Article 370 for J&K on perceived policy inconsistency. However, this view requires a revisit to understand the context and perception of both situations. J&K was given Article 370 at the time of partition of India to keep it within the Union of India as a temporary provision in the Constitution which has been abrogated in 2019 after 70 years of independence as the purpose has been served. The Naga movement, started in the 1920s, is more than a century old and it includes recognition of the unique history and identity of Nagas which have been captured in the Framework Agreement and consequentially related documents, and to acknowledge these rights a Naga Constitution and Flag is sought to be part of the settlement. The context and perspective of J&K and Nagas are dissimilar although the concession for a separate Constitution and Flag could be same. For the former, the purpose has been served and Article 370 has been abrogated. For the latter, the broad contours for settling a century old assertion of Naga identity to preserve the unique Naga history encapsulating its culture, traditions, social, economic and political uniqueness as contained in the Framework Agreement and consequentially related documents is waiting to be drafted into a political settlement for signature.

Over the course of a century, since the days of Naga Club in 1918 formed with its aim to unify Naga tribes, the Naga movement has gone through its highs and lows. Tall leaders emerged taking forward their brand of struggle, strategies and narratives towards their goal and kept the movement alive. Acknowledging that peaceful dialogue is the way forward, rather than violence to settle the dispute and bring peace to the land, the Naga movement leaders signed a ceasefire in 1997 with the Government of India (GoI). Eighteen years of negotiations resulted in a Framework Agreement on 3rd August 2015 laying down the contours for framing a political settlement. What should have taken a few months to flesh out a settlement after signing of Framework Agreement has taken 10 years without an acceptable and honourable draft settlement delayed by varying interpretations of the Framework Agreement and its consequentially related documents. Four years later in 2019, Article 370 was abrogated removing the special status that allowed a Constitution and Flag for J&K. This abrogation of Article 370 implied that a special status taken away from the state of J&K as a policy decision cannot be granted to another state due to policy inconsistency.

The Naga negotiators appear to be of the view that a Naga Constitution and Flag is fait accompli and requires acceptance and formalisation within the political settlement. The Naga negotiators are firmly committed to the Framework Agreement and consequentially related documents wherein GoI is alleged to have implied acceptance of a Naga Constitution and Flag. The Framework Agreement is still valid and was hailed as a landmark achievement signed in the presence of the Hon’ble Prime Minister. Unless it is reneged the way forward is to work towards its logical conclusion of inking a political settlement as soon as possible. Delaying a settlement has its difficulties and might prove to be costly for both parties.

It would appear that a go-slow approach was adopted by GoI when they found that the Framework Agreement, which is alleged to have accepted a Naga Constitution and Flag, would be inconsistent with the policy perused by the ruling party to abrogate Article 370 granting a Constitution and Flag to J&K. Apart from delaying finalisation of a settlement, attempts were made to give different interpretations to the contents of the Framework Agreement with reference to consequentially related documents. The then Interlocutor, Mr. RN Ravi allegedly attempted to twist the interpretation of Framework Agreement and its consequentially related documents and laid down a deadline for signing of the document to pressurise the Naga negotiators in signing an agreement without conceding to a Naga Constitution and Flag.

The 10th anniversary of the Framework Agreement has just been celebrated by the Naga signatories. The idea of a Naga Constitution and Flag resonates with the Naga people and they want a political settlement in line with the Framework Agreement and its consequentially related documents, but the GoI is ambivalent about taking the matter further to its logical conclusion. Non-implementation of the Framework Agreement by GoI would amount to reneging on the promises made in the Framework Agreement and its consequentially related documents. Besides it could cause embarrassment to the GoI and the Prime Minister for not honouring what they have officially agreed upon.

Both negotiating parties will recall that the deteriorating health condition of the then Chairman, Isak Chishi Swu spurred them to hasten the signing of the Framework Agreement in August 2015. A similar situation seems to have arisen now as Th. Muivah, the General Secretary, one of the surviving signatories, who is 91 years old, has started to develop old age-related health issues. The urgency and importance, if the Framework Agreement is to be implemented, for inking a political settlement with Muivah cannot be overstated. The benefit of signing a political settlement with one of the surviving signatories far outweighs any strategy, including waiting for his death or indisposition due to old age and the risk of internecine strife for leadership. Some strategists may think that internecine strife for leadership is a certainty and it would be easy picking for GoI to deal with smaller splinter groups. Some may be of the view that new Naga leadership could be persuaded to sign a deal with heavy doses of financial and other concessions without conceding to a Naga Constitution and Flag. Such expectations could prove to be wrong and costly, besides failing to capitalise on an opportunity for a wholesome and comprehensive peaceful settlement on an honourable note may result in a mess of failing to find an “honourable settlement”.

An example of an honourable comprehensive political settlement which has seen peace and prosperity in the new state is the “Mizo Accord” of 1986.  Political settlement should have the touch of acceptability to the receiving side as any contentious aspects left behind, neglected, discarded or postponed without being honourable has the danger of rearing its head in future and should be avoided. The Naga negotiators are happy with the Framework Agreement and its consequentially related documents and have shown willingness to conclude the peace deal. The matter vest entirely in the hands of the central government and the key lies in its willingness to look into the Naga Issue, as it did to J&K at the time of independence and drafting of the Indian Constitution, for granting special status to embrace the people and land of the Nagas as a willing partner of India.

The Naga people are aware of what had happened to the special status of J&K state under Article 370, which was abrogated in August 2019 four years after signing of the Framework Agreement. There is no parallel between the two as the Nagas have a unique history of not being conquered or subjugated by any Indian kingdom. The Naga hills were designated as "excluded" or "partially excluded" areas by the British colonial power and later inherited by independent India and was placed under the foreign affairs Ministry due to a combination of factors, including the desire to limit administration in the region, the perceived need to protect tribal populations, and the recognition of Naga distinctiveness and resistance to outside control. The Naga people firmly believe that unique history entitles them to a unique identity through a Naga Constitution and Flag and this idea resonates with the Naga people.

Since 1997, hundreds of meetings for a peaceful political settlement have been held and it resulted in the Framework Agreement signed on 3rd August 2015. The Framework Agreement is generally understood to have laid down the broad contours for a political settlement agreed upon by Naga negotiators and the central government and was drawn up reflecting the various consequentially related documents signed between both negotiating parties since start of the Naga Peace Talks. The Naga negotiators seem to claim that a Naga Constitution and Flag is envisaged for Naga people under the Framework Agreement and consequentially related documents, and GoI’s changed position in August 2019 of abrogating Article 370 taking away special status of having a Constitution and Flag for J&K does not affect the rights for a Naga Constitution and Flag which was accepted in recognition of the unique Naga history. The special status given to J&K under Article 370 was a temporary provision to keep J&K within the Union of India at the time of partition of India which has outlived its utility and was taken away in August 2019, and is different from the assertion of the Nagas which is based on the rights of Naga tribes for a Naga Constitution and Flag in recognition of the unique history and identity of Nagas encapsulating their social, cultural, traditional, economic and political uniqueness.

India currently has a very strong and able leader who has delivered many promises, far outstripping any other Prime Ministers individually and collectively, since he came to power in 2014. He has demonstrated his ability to deliver on his promises, one of which yet to be delivered, is the promise to the Nagas contained in the Framework Agreement signed in his presence. His electoral promise to abrogate Article 370 has been delivered in spite of scepticism and against all odds. The Framework Agreement contains the contours of a ‘Political Settlement’ around which finer details are to be drafted and finalised, but what would have taken a few months has dragged on for ten years. The non-implementation of the Framework Agreement could besmirch the stellar record of promises fulfilled by Prime Minister Modi and this situation should be avoided.

India is an emerging power in the world stage, both economically and militarily. The time has come for India to create a peaceful atmosphere within the country and in the north-eastern borders so that India may concentrate her energies in building a top class military power free from distractions caused by internal disturbances. Further, by concluding the peace talks in an honourable manner acceptable to the Nagas, India will have a steadfast partner in the Nagas for protecting the international border between India and Myanmar of about one thousand kilometres with Nagas living across both sides.

Article 370 for J&K was a political concession conceded to keep J&K in India at the time of partition. The Naga Constitution and Flag is for official recognition of the unique history and rights of the Nagas, who claim to be not a part of independent India, to protect their social, cultural, traditional, economic and political uniqueness and identity not seen anywhere across the world. J&K had the special status to keep it in the Union of India. The Nagas are waiting for acknowledgement of a similar special status in the form of a Naga Constitution and Flag based on the unique history of the Nagas to settle the Naga Issue and make them a partner with the Union of India. A unique opportunity is presented before PM Modi to complete what he agreed to ten years back and enter the annals of history as the man who settled the longest freedom struggle in the world.

Ngaranmi Shimray

New Delhi

(shimray2011@gmail.com)