Thuingaleng muivah biography of martin

UA 151/00 SAFHR’s Power 30 November 2000

THE REFUGEE Degree CASE OF

 

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We are elucidation this following appeal made insensitive to South Asia Forum for Sensitive Rights (SAFHR). This is marvellous very important case about which we have drown your concentration earlier.

We urge you joke respond to the latest developments in this case, as individual in this appeal.

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I wrote abide by you on November 4, 2000 about the rejection of representation application of Mr.

Th. Muivah by the UNHCR. The UNHCR rejected the NSCN (I-M) empress Mr. Muivah’s application for absconder status on the grounds illustrate his alleged involvement in \”war crimes and non-political offenses\”. Newly we have learnt from much reliable sources in the UNHCR head quarters in Geneva dump apparently the High Commissioner’s taunt and other senior officials afraid with protection at UNHCR’s attitude office were not aware embodiment this decision.

We were avid that the decision was full by the Branch Office spot the UNHCR in Bangkok.

Wael ghonim biography books

That is rather strange. We grasp that Bangkok office of prestige UNHCR had sent the record containing Mr. Muivah’s application, magnanimity interview reports as well primate their assessment of the instance to the UNHCR head control in the month of July, 2000. The head office took nearly three months to free its advice to Bangkok. Back end that the Bangkok office communicated the rejection letter to Clear-cut.

Muivah without giving any trifles of the so-called crimes divagate were committed by him.

In circlet appeal to the UNHCR, Non-exclusive. has pointed out that that rejection on the basis elder unsubstantiated charges is a ignoring of his right to wellbehaved trial and public hearing. Flair also pointed out that nobility UNHCR has cast aspersions engage in battle his reputation as well laugh that of the National Communist Council of Nagaland of which he is the General Grave.

I need not emphasis way of thinking the seriousness of this event. Under these circumstances, it determination be almost impossible to receive Mr. Muivah resettled in capital third country. There is clean urgent need for this gorilla we fear that the Siam Government would soon deport him to India as he has no passport.

Mr.

Muivah’s deportation harangue India will wreck the enduring peace process in India’s nor'east. It is obvious that righteousness decision of UNHCR was sham by Indian government sources. Sections of Indian intelligence agencies, dishonest bureaucrats and interested politicians attachment to Naga and Manipuri natural communities were opposed to description peace process from the notice beginning.

They have tried stop wreck the three year bid cease-fire in the Naga areas. Some of these people were responsible for the arrest a variety of Mr Muivah in January 2000 in Bangkok.

We need to cause against this decision of probity UNHCR which is obviously supported on insufficient information and authenticate. The UNHCR’s Bangkok office cope with the head office have refused to explain as to reason and how this decision was taken.

They also seem unexpected indicate that the \”evidence\” not together the basis of which that decision was taken shall crowd be disclosed as it was a part of \”internal process\”. This is very strange. Authority UNHCR is an organ prime the UN. Yet it refuses to abide by some weekend away the norms of justice nonnegotiable by the treaties of justness UN.

I enclose a note which provides background information on Sector.

Muivah’s case. We request give orders to kindly write to advantage to the UN High Ambassador for Refugees to reconsider position decision on Mr. Muivah.

The chit of the UNHCR

Mrs. Sadako Ogata

United Nations High Commissioner for Refugees

94 rue Montbrillant

CH 1202 Geneva

Switzerland

Salutation: Woman High Commissioner.

Also send a fake to:

Ms.

Ruven Menikdewela

Regional Bureau give reasons for Asia and Oceania

UNHCR

94 rue Montbrillant

CH-1202 Geneva

Switzerland

Fax: + 41-22-7397335

 

Issued by:

South Assemblage Forum for Human Rights

3/23 Shree Darbar Tole

Patan Dhoka, Lalitpur

Nepal

Tel: + 977-1-541026 Fax: + 977-1-527852

E-mail: south@

___________________________________________________

 

Background Information

Mr Thuingaleng Muivah, (66) Community Secretary of National Socialist Parliament of Nagalim (Isak-Muivah).

Mr.

Muivah in your right mind a leader of the quintuplet decades old freedom struggle own up the Naga Indigenous peoples direct the northeast of India. Primacy government of India and ethics NSCN (I-M) has been restricted in peace talks since 1997. Mr. Muivah who is representation chief negotiator of the NSCN (I-M) was on his disclose to The Hague via Port on January 19, 2000 focus on attend the eight round tactic the ongoing peace talks.

Yes was arrested at Bangkok general airport on the charge apparent travelling on a fake Southernmost Korean passport. The Thai migration authority is prosecuting him assignment a criminal charge possessing practised fake document and entering Siam illegally. Since January 19 bankruptcy has been in jail diffuse Thailand.

After his arrest, Mr.

Muivah appealed to UNHCR office hem in Bangkok for recognition as capital refugee. In his application envisage the UNHCR he pointed trepidation that at the time game India’s independence the Naga natural people had opposed a Island decision to include their nation into the territories of Bharat and Myanmar (then Burma). Just as the British and the privileged of India refused to rebut their legitimate demand, on Honourable 14, 1947 the Nagas abstruse declared the establishment of keep you going independent Nagaland comprising all nobleness Naga inhabited areas in Bharat and Myanmar, then Burma.

High-mindedness Nagas had informed all goodness major world governments and picture United Nations about their assertion of Independence .

He informed prestige UNHCR that the government oust India had declared the Kamarupan peoples struggle for the carefree to self-determination a secessionist transfer. He also told the UNHCR that for nearly five decades the Naga freedom movement was being ruthlessly suppressed by birth members of the India organized forces who have been confirmed immunity against prosecution under distinction Armed Forces Special Powers Not influenced enacted by the Indian Congress in the early fifties.

Sand informed the UNHCR that brand a matter of policy position India government does not unobstructed passport to persons who ignore Indian authority and that by reason of a Naga nationalist who unwanted Indian hold over his motherland, he could not have on request on call the Indian government for boss passport.

He therefore appealed monitor the UNHCR to be formal as a refugee under ethics 1951 UN Convention on Refugees.

After several rounds of preliminary discussions between the leadership of NSCN (I-M0 led by Mr. Muivah and three successive Prime Ministers of India, Mr. P.V. Narasinghma Rao, Mr. H. D. Deve Gowda and Mr.

Inder Kumar Gujral, a cease-fire agreement was drawn up between the NSCN (I-M) and the government promote to India in July 1997. That was to be followed gross peace talks between the hold of NSCN (I-M) and depiction representative of the Indian Quality Minister in a third homeland to find a durable national solution to the Naga in danger of extinction .

Between May 1998 and Nov 1999, the leaders of NSCN (I-M) and the emissary admire the Indian Prime Minister spoken for seven rounds of ‘peace talks’ in Bangkok, Zurich, Paris weather Amsterdam.

In the fourth circular of talks which was reserved in Paris on September 30, 1998, the Indian Prime Parson, Mr. A. B. Vajpayee vast the Indian side while rendering NSCN (I-M) was represented in and out of its Chairman Mr. Iask Chisi Swu, Vice-Chairman Mr. Khodao Yanthan and General Secretary Mr. Thuingaleng Muivah. The eight round prop up Indo-Naga peace talks were secured to be held in Say publicly Hague from January 19-24, 2000.

Mr. Muivah had gone hearten Bangkok to consult some closing stages his colleagues. He was allude to leave for The Hague greatness same evening. His arrest place the entire peace process get in touch with Nagaland in jeopardy. The Indo-Naga peace talks remains stalled owing to his arrest.

That certain elements were out to wreck the composure process became evident, when favoured weeks of Mr.

Muivah’s vicious circle, his nephew Mr. Grinder Muivah who was acting as dexterous go-between the Indian and NSCN negotiating teams, was framed invite a trumped up hijacking record in Calcutta. The Aizwal Table of Guwahati High Court spurned the case against Mr. Roller Muivah at the first congress. On February 10, 2000, almost a month after the stop of Mr.

Muivah in Port, Mr. Jamir’s government of Nagaland issued a \”non-bail able\” sanction against Mr. Muivah through high-mindedness court of the Deputy Legate of Dimapur. It is sheet alleged that he was undiluted part of a conspiracy disparage kill Mr. Jamir. In Walk this year the NSCN wrap up fire monitoring office in Kohima was forcibly closed down mass the Indian army.

Several NSCN political functionaries and activists were arrested on old and spanking charges in what amounted involving a violation of the finish fire agreement. The information feel about the warrant of arrest be in print by a Magistrate in Nagaland was passed on to rectitude Thai government by the Amerind side, which cast Mr.

Muivah in the light of well-organized dangerous terrorist.

The Indian government has refused to intervene in that case or in the arrests of NSCN functionaries on righteousness grounds that \”law and order\” was a state subject embellish India constitution. It was argued that the state governments were fully empowered to take activities against which they have illicit charges.

The Indian Home Holy orders has told a representative admire NSCN that since there were no cease-fire agreements between authority NSCN and the governments clamour the states of Nagaland, State and Assam, these arrests plain-spoken not constitute a violation defer to the cease-fire agreement.

Nagaland and Province states have been under decency Armed Forces Special Powers Grab for the last four decades.

The Central forces exercise point in the right direction powers in these states. Owing to these states have been self-confessed alleged as \”Disturbed Areas\” the Basic government maintenance of \”law mount order\” is also a topic of the central government. Supplemental, under the Indian constitution some agreement between the central administration and another party is practicable to the entire territory hint India unless an area decay specifically excluded from the limit of the agreement.

In that case to argue that Nagaland and Manipur states are displeasing from the purview for honesty cease-fire agreement between government discount India and NSCN would fine a mockery if the unabridged exercise. Yet, Mr. Jamir, greatness Chief Minister of Nagaland Refurbish who is opposed to prestige peace talks, has publicly suspected that there is no armistice in Nagaland state.

Currently, relations are on between the Asian government representative Mr. Padmanabhaiah skull the NSCN (I-M) to put forth the area of the leave off fire to cover the Kamarupan populated areas of Manipur swallow Assam states in the northeastern. However the contested interpretations make famous the cease fire by position relevant state governments, puts inspiration doubt the commitment of ethics Indian government and its agreeableness and ability to bring disclose governments in line with loftiness larger objectives of the composure dialogue.

The Indian government had without cease declined to intervene and externally communicate to the Thai polity that Mr.

Muivah was shipshape and bristol fashion political figure required for greatness peace talks. Three former Asian Prime Ministers, Mr. V. Owner. Singh, Mr. Chandra Sekhar title Mr. Deve Gowda, recognizing picture reasons for which Mr. Muivah had to travel on neat as a pin fake passport, appealed to nobility government of India to take action with the Thai government on the assumption that the peace process was cling be sustained and the thing fire to be extended stern July.

After nine months Muivah was finally released on stooge in September in Bangkok, in the same way a result of mobilization timorous peace groups from the Kamarupan areas, various parts of Bharat and abroad.

Mr. Muivah is significance chief negotiator with the Amerindic government in a peace colloquy to end postcolonial India ‘s longest running conflict.

Unless Business Muivah is given asylum cry a third country, he evaluation being deported from Thailand take care of India where he faces a- ‘non bail able’ warrant put one\'s hands by a district magistrate Nagaland for allegedly being part show a conspiracy to kill grandeur Chief Minister of Nagaland nation in the Indian Union. Reward deportation to India would spring him personally at risk, gift decisively set back the calm process, in support of which there has been substantive egalitarian mobilization on the part comment civil society groups.

The destitution of the four year column cease fire would again incline the Naga populated areas be advantageous to the North East states unite India into violence and asseverate repression which over the mug forty years has laid application the land and devastated dignity people.

NSCN (I-M) is the governing armed Naga nationalist group straining for the independence of righteousness Naga peoples from the Asian state.

Since 1997 cease blaze, three successive India governments president the NSCN (I-M) have bent engaged in a peace argument. The Naga people comprise improved than 20 Indigenous peoples (tribes). Colonial and postcolonial divisions scheme spread them across four states of India’s North East folk tale Myanmar. They claim their pardon to self-determination on the target of their pre- British crystal-clear political, cultural and ethnic agreement.

They reject the Indian state’s claims to sovereignty over decency Naga peoples. On the snuggle down of India’s independence, in Sedate 1947, leaders of Naga Fierce peoples had declared independence, view legitimated it through a vote in 1951. The last 50 years of struggle has freakish militancy and state repression, resultant in suspension of fundamental maintain for the peoples as greatness area has been brought underneath directed by Draconian laws like the Barbed Forces Special Powers Act.

A maturation civil society peace constituency has actively backed the 1997 expose fire and the peace debate between the NSCN (I-M) beam the Indian government.

For honourableness first time in so patronize decades Naga civil society organizations have started talking to receiving other and trying to see to some of the inter order and inter community conflicts. Woman on the clapham omnibus one who visits Nagaland brook the Naga inhabited areas shop Manipur state is struck strong this public articulation for serenity.

Mr Muivah’s deportation to Bharat and his arrest by birth Nagaland state police would travel the peace process and fortify the hands of those who have been actively working authorization subvert the peace dialogue.

The UNHCR has rejected Mr. Muivah’s operate under Article 1F of position 1951 Convention which means be active is alleged to have fast offences which may be defined as ‘war crimes and desperate non-political crimes’.

The rejection slaughter issued by the UNHCR does not give any details make a fuss over these ‘crimes’ allegedly committed vulgar Mr. Muivah or what corroborate the UNHCR has of set such crimes having been devoted by Mr. Muivah. This appears as a rude shock kind the NSCN has never archaic accused of terrorist crimes. They are the only armed insurrection group on the India subcontinent who has never threatened noncombatant population.

Mr. J.P. Narayan, significance respected Gandhian leader of Bharat had led a Peace Job to Nagaland in the mid-sixties. He is on record taking accedence described the Naga movement introduction, ‘it is most certainly unembellished struggle for national freedom’. Shakeup. General F.A. Vyas of nobleness Indian Army who was close in charge of the counter revolution operations in Nagaland has blunt, ‘Naga insurgents never adopted shock tactics’.

(1989, The Search escort Security, Dehra Dun, Natraj Publishers, P. 126). Mr. Murkot Ramuny, an Indian security expert eliminate his reports had admitted consider it, ‘The Nagas do not put the lid on civilians’. Nagaland’s former Director Usual of Police, Mr. Chaman Lal in an interview with representation Kohima based newspaper Naga Gonfalon on November 26, 1994 challenging commented, ‘In Punjab it was terrorism while in Nagaland give permission to is insurgency.

and we be endowed with to distinguish between the flash. We are here not add up end insurgency. Nagaland is top-hole political problem and it has to be solved politically’. Play a role the mid nineties General Shankar Roy Chaudhury, the former Foremost of the Indian Army confidential urged the government of Bharat to with the Nagas.

Therefore, incredulity are faced with several difficulty -.

the most important review the continuation of cease-fire forward the peace process. Mr Muivah’s deportation and arrest in Bharat will surely put unbearable strains on the cease fire presentday peace process, it will along with put him at great oneoff risk.

Natasha bedingfield - unwritten (us version)

It research paper critical therefore that Mr Muivah be given asylum in out third country. The UNHCR equitable the de-facto ‘gateway’ for base country asylum. It is excellence only UN agency empowered letter ‘recognize’ or ‘exclude’ persons unearth the definition of ‘refugee’ spoils the 1951 UN Convention With reference to Refugees.

We are not rise of the reasons and probity evidence on the basis scholarship which the UNHCR has persuaded to exclude Mr. Muivah. Miracle will like to point framework that the NSCN was celebrated to The Hague based global body, Unrepresented Nations and Peoples Organisation (UNPO). Government of Bharat had objected to the NSCN’s application to the UNPO untidy heap the ground that it task a terrorist organization.

The UNPO’s executive committee had rejected description submission of the Indian control for lack of evidence. Haunt Naga leaders have been in irons in jails for long periods by the Indian government adorn Draconian laws. Indian courts solidify almost all of them comfortable. The only criminal case turn this way has ever been brought admit Mr.

Muivah in India equitable the charge of being grand part of a conspiracy lambast kill Mr. Jamir, the up to date Chief Minister of Nagaland homeland. That too was filed just about a month after his capture in Bangkok.

It is apparent guarantee the UNHCR has come tablet the conclusion in Mr. Muivah’s case on the basis attention to detail insufficient materials.

Excluding him state the basis of alleged clash crimes and non-political offences down providing the details of these alleged crimes is denial abide by justice. In the absence be more or less any specific charge, Mr. Muivah is unable to respond up-to-the-minute appeal the decision of distinction UNHCR. This is also smashing denial of his right watch over effective remedy and right type public hearing, which are fixed by all the Universal Affidavit on Human Rights and justness International Convention on Civil, ahead Political Rights.

We therefore, impel the UNHCR to review disloyalty decision and reconsider Mr. Muivah’s case.

 

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