Introduction
The state of Manipur in Northeast India has been grappling with prolonged ethnopolitical violence for years, and things have taken a particularly terrifying turn in the past year. The impact of this violence is deep and far-reaching, which is why it’s crucial to consider whether International Law can help to address the root causes of the conflict.
On September 4, 2023, United Nations (UN) experts expressed serious concerns about the situation in Manipur through a statement. The statement highlighted alarming allegations of forced relocation, extrajudicial killings, and sexual assault targeting members of the Kuki ethnic group. This ongoing conflict, fuelled by longstanding ethnic tensions between the Kuki and Meitei communities, has come at a high human cost. Numerous deaths, mostly among the Kuki community, have been reported, along with thousands of injuries and displaced individuals. The destruction of farmlands, homes, places of worship, and livelihoods paints a grim picture of the conflict’s effects.
Given the recent events, it’s important to explore how international law can play a role in ensuring swift accountability and protecting vulnerable groups in Manipur, while also addressing the underlying issues that have persisted for so long. This blog post will delve into the possibilities offered by international legal frameworks, as well as the limitations of traditional state-centric approaches, while examining the nuances of the situation in Manipur.
Revealing the Origins: A Complicated Conflict
Manipur has various communities with their own cultures and old fights. To comprehend the conflict’s roots, we must carefully study these tangled strands:
- Historical Influence: Colonial rule by the British has left deep marks on Manipur’s political scene. Existing community tensions were worsened by the “divide-and-rule” tactic. Borders drawn without regard for traditional ethnic differences intensified the fight for resources and power. The lasting impact of colonialism hinders reconciliation efforts.
- Identity Struggles: After colonialism, communities vied for identity assertion and self-governance, leading to deadly conflicts over supremacy. Political parties and militant groups often exploit these tensions.
- Resource Shortage: Manipur’s limited natural resources spark intercommunity conflict, particularly in vulnerable areas. Unsustainable use and unfair distribution fuel animosity and violence.
- Government Oppression: Accusations of human rights violations by Manipur’s security forces strain relations with communities. Stringent laws like the Armed Forces (Special Powers) Act (AFSPA) have led to a culture of impunity, resulting in unlawful actions. This cycle of violence and distrust further breeds animosity towards the government.
These factors create a volatile environment, where minor events can escalate into major violent incidents. Manipur’s rich diversity becomes a fault line for frequent conflicts.
The Limitations of Traditional Approaches: An Ineffective Search for Harmony
In Manipur the traditional state approach to dispute resolution – heavily reliant on military action and covert political settlements – has met with little success. Security operations have been unsuccessful in addressing the root causes of popular grievances; often they tend to build up more alienation as evidenced by civilian casualties and forced displacements resulting from ongoing counter-insurgency campaigns.
Meanwhile mutual mistrust demobilizes political negotiations. Lack of trust is widespread among the parties with deep suspicions based on past experiences of disappointment thwarting any meaningful dialogue between conflicting groups. Moreover, these negotiations lose their credibility and effectiveness when local grassroots organizations are systematically excluded from the process while members of the civil society are not given opportunity to participate in decision making at higher levels.
It’s evident that the current strategy would not bring about lasting peace in Manipur in the long run. Looking into alternative frameworks which address the root causes of the conflict and promote genuine reconciliation are necessary.
Does International Law Present a Hopeful Image?
With the international law, it’s well-established principles and ideals, presents Manipur with an alternative way forward into a future that is fair and peaceful. The conflict can be solved by following international law as shown below:
- Protection of Basic Human Rights: A Tool to Combat Repression: There exists a set of comprehensive norms established in the international human rights laws which can be used to hold the government of Manipur accountable for its actions. It is possible to contest the human rights violations of security forces and guarantee protection of basic rights for all communities in Manipur by referring to instruments like the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
- Indigenous Rights: A Voice for People Left Out: United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirms that indigenous communities have the right to self-determination, culture and language. In addressing the issues of the indigenous communities of Manipur, which have long been neglected and dispossessed of their territories, this framework can be instrumental. We can uphold this issue’s ethnic representation through participation in decision-making.
However, there are some barriers that need to be removed prior to the implementation of the international law in Manipur:
- The state sovereignty- State sovereignty is very often interfered with attempts to intervene from outside. The Indian government may not want to shift control over internal security matter to such extent.
- The enforcement mechanisms- Enforcement mechanisms are often lacking in International Law. It is difficult and a very long process to identify the violators and then make them accountable for the violation, even if those were proved in court.
- The cultural specificity- It is quite a challenge to apply one-size-fits-all strategy to a culturally specific problem. There may be a need for a different spectrum of strategies.
Fostering Interdependence: Is Financial Dependency a Workable Answer?
Building a sense of interconnectedness amongst various communities can be a critical first step in establishing enduring peace in Manipur. Promoting economic development programmes that lead to shared economic success is one way to accomplish this. When taken into account in conjunction with international law, financial dependency can help to reduce conflict in the following
- Investments and Trade between Communities: The World Trade Organisation (WTO) advocates for transparent and just trade processes. In Manipur, the Indian government can promote WTO norms so as to create an environment which encourages cross-community trade. It can also foster interdependence by giving reasons for different communities to collaborate economically. Moreover, investment by one community into another is protected by international trade law, an aspect that promotes cooperation and joint economic objectives.
- Microfinance and International Financial Institutions: Attempts by Manipur in microfinance could be aided through financial support from organizations like the World Bank and the International Monetary Fund (IMF). These agencies can help to establish microfinance programs that are tailored specifically towards serving the needs of marginalized populations in India through provision of loans as well as technical assistance. International human rights instruments such as the the International Covenant on Economic, Social, and Cultural Rights (ICESCR) set out principles of law which emphasize on right to development including access to financial services like micro-credit. Manipur therefore needs international financial institutions to support micro finance projects aimed at empowering communities through economic self-sufficiency that would allow them become more self-sustainable while still protecting indigenous rights and promoting their cultural heritage.
- Infrastructure Development and International Investment Law: By employing treaties related international investment law, infrastructure development projects in Manipur can attract foreign investments. These agreements reassure foreign investors about the safety of their investments made in host countries. International law may encourage investments into infrastructure that benefits every community in Manipur leading to common progress feelings and interdependence by creating an enabling environment for investment stability at all times.
It should be noted that within this context of international law, it acts as supportive in nature. However, the main responsibility lies with the Indian Government on advancing economic development and interdependence. Nonetheless international legal norms and organizations can provide useful guidelines and resources for these initiatives undertaken by governments as well as non-state actors interested in fostering globalization through sustainable development goals (SDGs).
To illustrate the complexities of applying international law, let’s briefly examine a case study:
- The Northern Ireland Conflict: The Good Friday Agreement, which brought an end to decades of conflict in Northern Ireland, incorporated elements of international human rights law and power-sharing principles. While not a perfect solution, it demonstrates how international legal frameworks can contribute to peacebuilding.
In conclusion, addressing the conflict in Manipur requires a multifaceted approach that goes beyond purely legal solutions. While international law can provide a valuable framework for protecting human rights, promoting dialogue, and ensuring accountability, its implementation must be sensitive to the local context, prioritize inclusive development, and address the root causes of the conflict.
Conclusion
There is no easy way out of the complex issue of Manipur conflict. International law serves as an effective tool in promoting human rights, protecting indigenous peoples and fostering peaceful conflict resolution, though not a cure-all. Through consistent effort and collaboration international law can serve as a light at the end of the tunnel, leading Manipur to a more peaceful and prosperous future. The complexity of the situation requires a multi-pronged approach that deals with the root social, economic, and political grievances that fuel the conflict in addition to immediate security concerns.
International law in conjunction with civil society organisations’ initiatives, community-based projects, and commitment to non-violent communication can promote sustainable peace in Manipur. Mutual respect, observance of human rights and equitable distribution of resources should be the pillars of this peace. Only then will all different communities in Manipur live harmoniously by respecting each other’s identity and work towards shared vision of a violence-free Manipur full of hope for brighter future.
About the author …
Anonza Priyadarshini specializes in Constitutional Law and Criminal Law. Her educational background includes an LL.M. from the West Bengal National University of Juridical Sciences, Kolkata and a PhD scholar from the Central University of South Bihar, Gaya.
