Legitimising Insurgency?

Commenting on the annulment of the Arunachal Pradesh Control of Organised Crime Act (APCOCA), 2002, state homeminister L. Wanglat declared in the State Legislative Assembly: "APCOCA is not in the interest of the state,the nation and the people." T.L. Rajkumar, minister of law, legislative and parliamentary affairs echoedthe sentiment, asserting, "APCOCA is a notorious child."

On August 19 a newly aligned Arunachal Pradesh Legislative Assembly rediscovered wisdom to repeal the Act,which the new Chief Minister Gegong Apang found 'draconian'. By repealing APCOCA, Apang, who orchestrated a coupextraordinaire by enlisting the support of 38 MLAs of the previous Congress regime, fulfilled a promise hehad made on August 2.

However, this hurried repeal of a 'hurriedly enacted legislation' appears to have resulted from theinterplay of extraneous power centres that now stand to gain substantially in the absence of the Act.

For the former Chief Minister, Mukut Mithi, the reason for APCOCA's enactment in August 2002 was to controlthe worsening law and order situation in the state, primarily in the districts of Tirap and Changlang, whichborder the conflict-ridden state of Nagaland. Unlawful activities of cadres of the National Socialist Councilof Nagaland-Isak-Muivah (NSCN-IM) in these two districts had reached a peak, and were threatening to spillover into other areas in the state, and also threatened the body politik of the State.

Traditionally, Tirap and Changlang have been a happy hunting ground for both the factions of the NSCN. Whilethe Khaplang faction (NSCN-K) made its first inroads into this virgin territory in the early 1990s, the NSCN-IMsoon made its move to carve out separate areas of influence in these districts.

According to data available with the Arunachal Pradesh Police, 149 insurgency-related incidents took placein the State between 2000 and 2002, in which 60 insurgents, 25 security force personnel and 16 civilians werekilled. It needs emphasis, however, that these figures fail to portray the gravity of the situation and thedominance enjoyed by the insurgent outfits in these districts, which are afflicted by widespread extortion,and where few politicians dare to challenge the insurgent diktat. The ground situation reflects poorlyon the capabilities of the state police force, which, with just 5,900 personnel, is the smallest among the northeasternstates (excluding Sikkim).

Rampant extortion and abductions have become the order of the day in Tirap and Changlang, which otherwisesuffer from government apathy, evident in their pitiable infrastructure and absence of basic civic facilities.Cadres of both factions of the NSCN enjoy a free run in the otherwise inaccessible villages, and in thehandful of urban centres like Changlang, Miao and Khonsa.

Traders and bureaucrats are forced to shell out as much as 10 per cent of their gross income to theinsurgents as 'development funds'. Interestingly, in a bid to check extortion, the government has banned theuse of currency notes above the denomination of Rs.10 in these two districts. It is this lawlessness, whichMithi's APCOCA tried to rein in. During its existence, however, just 14 cases were registered and 26 personsarrested under the Act. The high point of the Act, however, remained the arrest on April 30, 2003, of threeMLAs, including a Minister, for their alleged nexus with the NSCN-IM.

In a state, where both the past and present Chief Ministers, Apang and Mithi, are believed to be aligned withdifferent factions of the NSCN, regime changes are also highpoints in the intense power struggle between thesefactions. A few months before his ouster, Mukut Mithi spoke incessantly of the machinations by the NSCN-IM toremove him from power. After his ouster, he also charged Apang of collusion with the NSCN-IM and a highprofile Member of Parliament (MP) from Assam, to orchestrate the change of government, a deal that reportedlywitnessed an amount of Rs. 150 million changing hands.

A media report on August 21 quoted Mithi as saying that 'representatives of the concerned MP and NSCN-IMmet Apang on July 19 for finalisation of strategies for a change of guard in the State. The NSCN-IM agreed touse its might on one condition, that the APCOCA would be repealed.'

Evidently, Mithi's removal and the annulment of APCOCA directly serve the IM faction's interests. The NSCN-IM'sactivities had been constrained by the stringent law, as well as Mithi's continuation in power, since theChief Minister was seen to be 'close to' the Khaplang faction. Mithi maintained in the Legislative Assembly onAugust 19, that the repeal 'was a gift to the outfit.' The repeal of the Act is a clear indication of thegrowing clout of the insurgent group that, through a curious mix of political machination, threat anddiplomacy, has been able to browbeat its opponents into submission. This has happened repeatedly in Nagaland(the most recent example being the dissolution of the Reconciliation Commission) and it has now happened inArunachal Pradesh as well.

Several civil society and human rights organisations, at least some of which are associated with, or arefronts of, the NSCN-IM, have strongly opposed APCOCA. The All Arunachal Pradesh Students' Union (AAPSU),remained vocal against the Act in the pre-enactment stage as well as after it came into force. In apublication in November 2002 AAPSU described the Act as "illegal as it seeks to suppress the fundamentalrights of the citizens and victimize political opponents." The organisation maintained, "the groundrealities in the state do not warrant the enactment… the imposition of stringent measures and giving blanketpowers to police to act with impunity will not only destroy the democratic polity, but also turn ArunachalPradesh into a police state."

Similarly, the Naga Peoples Movement for Human Rights (NPMHR) issued a press release on July 22, 2003, inwhich it held that APCOCA had resulted in "gross violations of human rights and denial of basic right oflife to Naga civilians" in Tirap and Changlang in the "guise of counter-insurgency operations."It further cautioned that the "Government of Arunachal Pradesh have committed crimes against the Nagas ofArunachal and against humanity in general, who will be held accountable and responsible for any consequencesthat may arise."

The Tirap Changlang Human Rights organisation (TICHRO) also complained of 'excesses' by the security forcesin the districts. In a press release in August 2003, TICHRO maintained that 11 persons had been booked underAPCOCA, out of which 5 were subsequently released on bail. The rest had been kept with 49 other undertrials inpolice lock-ups and Central Reserve Police Force (CRPF) camps. TICHRO's relations with the NSCN-IM are notclear, but TICHRO's press releases are displayed on the insurgent outfit's website.

Interestingly, political compulsions have made the Centre look the other way. The Bharatiya Janata Party (BJP),which heads the ruling coalition at the Centre, is trying to establish the first BJP regime in the Northeastby engineering the defection of the entire 38 member Apang team to the BJP. These moves are also expected tokeep the NSCN-IM in good humour, as Apang is believed to be on his way to provide autonomous district councilstatus to Tirap and Changlang. Such a move would tend to provide legitimacy to the NSCN-IM's grand design ofcreating a unified Nagalim (greater Nagaland), since the Tirap and Changlang districts are an integralpart of their projection. 

Bibhu Prasad Routray is Acting Director, Institute for Conflict Management Database & DocumentationCentre, Guwahati. Courtesy, the South Asia Intelligence Review of the South Asia Terrorism Portal