Insurgency and women in North-East & Kashmir
Sadaf Yunus

IN northeast India, law enforcement agencies are the biggest violators of women rights. “The north-eastern women have faced various forms of torture including rape, which is the most cruel and inhuman form of torture. Women in northeast are victims of dual violence. On the one hand, Indian army deployed in the region to counter insurgency is continuously violating their rights. On the other, ethnic hatred is also expressed through victimizing the women.
Violence and torture against women in the northeast is another consequence of the privilege and power enjoyed by security forces in the region. The Indian armed forces are committing these atrocities under the cover of AFSPA. The Armed Forces (Special Powers) Act of 1958 (AFSPA) gives the security forces unrestricted powers to carry out their operations in disturbed areas. Even a non-commissioned officer has a right to kill any person on the mere suspicion that he is disturbing law and order. The Armed Forces Special Powers Act contravenes both Indian and International law standards. According to Amnesty International, AFSPA violates international human rights law, specifically the right to life, the right to liberty and security of the person and the right to remedy. Section 4 of the AFSPA grants armed forces personnel the power to shoot to kill. Section 6 of the AFSPA thus suspends the Constitutional right to file suit. AFSPA also violated the Article 21 of the Indian Constitution, which guarantees the right to life to all people. AFSPA violates the International Covenant on Civil and Political Rights (ICCPR), which India signed in 1978. According to Article 6 Of the ICCPR, no one shall be arbitrarily deprived of his life. The first article of ICCPR states that all people have the right to self-determination. Article 4 of the Covenant governs the suspension of some of the Covenant’s rights. But the Covenant makes it clear that Article 6 guaranteeing the right to life, Article 7 prohibiting torture and Article 8 prohibiting forced labour cannot be suspended. This means that no situation whether state of emergency or internal disturbance can justify the suspension of the right to life nor torture in its any form is allowed.
The Indian forces carry out rapes during combing operations in residential areas. Countless incidents of molestation and rape go unreported. Only a few cases were ever filed and even in these cases women didn’t get justice. Miss Rose (1974), Neelam Panchabhaiy (1986), Tamphasana (1990), Ahanjaobi Devi (1996) filed cases against their rapists but all of these cases were dropped on grounds of insufficient evidence. On 8th February 1997, Junmoni Hangique, 16, sister of a member of ULFA, was reportedly raped by officers from the 79th Sikh regiment. The family filed charges but none of the officers were prosecuted. On 11th July 2004, members of the Assam Rifles arrested Thangjam Manorama as a suspected member of PLA at her residence in Bamon Kampu. An arrest memo was given to her family at the time. Later that day, her dead body was found a few kilometres from her residence. There were multiple gun shot wounds on her back and her body also showed signs of torture. Reports further suggest that Thanjam Manorama was sexually assaulted.
Several women groups called a 48-hour general strike the day after Manorama’s body was found. On July 19th 2004, hundreds of women protested in front of the Assam Rifles headquarters in Imphal, with at least 40 parading naked and holding play cards that read, “Indian army rape us and Indian army takes our flesh”. Memchaoubi Devi, President of the women’s rights group, Porei Lemarol Meira Phaibi Apunba Manipur, said, “ We want to punish the soldiers involved in the brutal killings of Manorama and also we are demanding handing over the errant soldiers to us.” Out of the rape cases from the northeast that have been brought out into open so far, only in one case were the rapists tried and punished, that too in their own military court. This was a case of August 1996. The army personnel found guilty and punished for their crimes in 1997. In other reported cases the military tribunal has decided against the victims.
The story of women sufferings does not end here. Dominant ethnic groups of the northeast who want to flush out the small ethnic groups from their areas commit rapes to terrorize and convince them to flee. Same happened in Manipur where recently 21 women of Hmar community were raped by members of Meitei insurgent group, United National Liberation Front, UNLF. So 1000 people of Hmar community, a minority ethnic group of northeast, fled to Mizoram as refugees. In response to this incident 600 north-eastern people, living in Delhi, participated there in a protest rally on 4th April 2006.
Recently, the Administrative Refoiins Commission (ARC) headed by Mr. Veerappa Moily has recommended the repeal of Armed Forces Special Powers Act (AFSPA), which has generated many controversies. Instead of AFSPA, the ARC has recommended sweeping powers to the Centre to deploy armed forces in case any State faces major public order problems. It suggested an amendment to the Unlawful Activities (Preventive) Act 1967 to enable deployment of security forces in the North East. This would be an enabling legislation by inserting a new chapter in the Act once the AFSPA was repealed. There is a demand for the repeal of AFSPA from several segments of Indian society. Indian women are also demanding its repeal as they are a victim of this repressive law. Living under the continuous threats of draconian laws and militarization, women from the North-Eastern states and Jammu and Kashmir struggle together to resolve their commitment to intensify their fight against state violence in the pursuit of justice, peace, self-respect and dignity. Women from the disturbed areas of North-East states and Jammu and Kashmir shared their growing
concern and apprehension about the immense human rights violation at the hands of the State in a recent conference, which was organized by The Other Media (TOM), in New Delhi. In the concept note issued by TOM, it has resulted in forced integration of dissenting regions and communities through constitutional, political, economic and militaristic means. It accused the state for pursuing a deliberate policy of suppressing all dissent by heavy militarization and enacting draconian laws in the North-East as well as in Jammu and Kashmir. It also noted that the state has used its so-called counter-insurgency operations to win its war over disparate armed opposition groups. Moreover, the state has propped up breakaway factions of armed groups and has tried to manage the conflict through various draconian and undemocratic measures.
The joint resolution of women on militarization and State violence stated that women, from the two regions, have witnessed unprecedented levels of every-day violence caused by the police and security forces for decades. In the process, it said that women have lost entire generations to the war unleashed by unbridled power given to the security forces. The resolution also said that women have been severely repressed and violated. The lives under the shadow of the military and the police, where women suffered and witnessed sexual violence, brutal killings and inhuman torture, disappearances, arbitrary arrests as a result of the unaccountable power vested in the state under various draconian laws. The psycho-logical impact of such militarization had been immeasurable. In Kashmir alone, official figures indicate that 42,000 people have been killed since 1989. In the North-Eastern States, the figures are not available but the situation is said to be similar if not worse.
While the negativities of ‘ acute militarization’ was heavily stressed, followed by uncontested resolution for demilitarization, there are also growing voices from the same disturbed compartments that demand for militarization. These voices were hardly raised or represented in the hallowed seminars and conferences. The ‘ disturbed areas’ has stirred a more disturbing situation where representations on the various issues that it confronts failed to be collective. There are many inescapable questions that recently grow from the affected people’s perspectives, which contradict the otherwise growing movement for demilitarization. While questioning that ‘ collective representation’ becomes inevitable, generalizing the North-East context would be a mistake, despite the operating draconian law. According to a media report, while quoting a report by South Asia Terrorism Portal (SATP), an independent New Delhi- based think tank “ Institute for Conflict Management” that records all civilian and security personnel killed in terrorism, insurgency and other forms of violence, indicated that more people die in insurgency related violence in many other states than Indian Occupied Kashmir (IOK).
The joint resolution of women on militarization and state violence affirmed their resolution to intensify their struggle to live with peace, self-respect and dignity in the face of the ongoing violation of democratic human rights and willful disregard by the authorities for justice in the face of state apathy and the lack of accountability. Besides, they resolved to educate the people at large on the dynamics of the state indulging in a war targeted at the people and conspiracy to feed the arms industry to keep the security forces in a perpetual condition of war. They also resolved to raise the issue in all international for awhile building solidarity among all struggling peoples and groups. Moreover, they also demanded for the repeal of AFSPA and all other draconian laws, demilitarization in Jammu and Kashmir and North-Eastern states, effective prosecution of perpetrators of violence, specifically the Indian security forces and the state police, involvement of women in the decision making process and peace dialogue at all levels and also adherence by the Indian state to the rule of law and the international human rights law.
It is sad that two parties, Indian army and Insurgent groups, who are fighting with each other are violating the women rights equally and continuously. Ironically, what kind of security Indian forces can provide to the people of northeast when their own men are engaged in gross human rights violations. There is a need that India should attend to the problems of women in northeast and take immediate measures to curb the violence against them.

Eradicating misperceptions regarding Madaris
Kashmala Khan

DEENI Madaris viewed by the western decision makers as “breeding factories of extremism”, has some reality as few arrested terrorists had been studying in the Madrassa established in Pakistan. It has serious repercussions on two accounts, firstly, most of the Madaris focused on purification of faith for the purpose of knowledge therefore, branding all the schools involved in spreading extremism, maligned the good name of Deeni Madaris. Secondly, few odd Madaris involved in violent and self styled jihad, have tarnished Pakistan’s sincere efforts to fight the menace of terrorism. The debate over the Madrassas evokes images of jihad, warfare training, terrorism and an archaic system of education. Most of these perceptions are a result of generalizations and over simplification of a complex phenomenon. There is a need to re-orient the perceptions of the world opinion makers regarding the truth behind the religious Madaris through ‘unraveling the fact that Madrassa is essentially a seat of erudition and not a school proliferating extremism.
There are some important factors which generally led to the labializing of the Madaris as proliferating extremism by the West. These factors are considering Deeni Madaris as a by product of Afghan Jihad, outcome of an abrupt shift of US policy towards Pakistan after the ouster of Russia from Afghanistan, imposition of US sanctions on Pakistan in 1990’s, widespread resentment in Muslim world over US policies including invasion of Iraq and unblinking support of Israel, endemic, poverty, and misinterpretation of Islam by the pseudo religious scholars.
In Pakistan, there are almost 10,000 Deeni madaris with an enrolment of 1 million children and adolescents. Most of these madaris offer free of cost education, while some also provide food, clothing and shelter to needy students. These madaris have a significant wide out reach in both urban and rural areas and enjoy the trust and confidence of the local community. A great deal of attention is devoted to the inadequacies of the education provided by madaris in Pakistan. What is taught, how and what is learned in these institutions has been the subject of intense interest and debate. The concerns expressed are by and large legitimate. Many madaris are steeped in tradition, using curricula and teaching methods that date back to 18th century. Most of them have been able to produce only mosque Imams with hardly any knowledge of modern education and latest developments. Consequently, they sometimes fail to address innumerable problems that plague modern citizen especially youths. Therefore, to satisfy the need of educated people, there is an urgent need to improve the quality of learning and teaching in these madaris. These institutions can playa powerful role in imparting basic education, and to enhance their potential in producing scholars well versed in the tenets and concepts of Islam. An improvement in the quality of education in madaris through introduction of updated curriculum, modern teaching and learning aids and the training of teachers can go a long way in tapping this potential source of education, especially at the primary level.
There is evidence that well planned and adequately resourced interventions and reform strategies do work in achieving an acceptable convergence between traditional theological and modern education. Studies on Islamic education in a number of countries including Indonesia, Morocco, Senegal, and Egypt reveal that traditional Quranic schools can be restructured, particularly in the area of curriculum and teacher training, and integrated into the formal school system. In Pakistan, madaris should also provide equal opportunities to its students to learn basic life skills and their expansion, skills of science, numeric, writing and cultural education. In Egypt, eucational and modernization has kept pace with the ideological, economic, political and social aspects of Islam. The most remarkable achievement has surely been in the modernization of the historic Islamic University of Al Azhar. Now the great institute of AI-Azhar is considered as a greatest Muslim University of the World.
In a quest to dilute western media’s negative image associated with Madaris and to remove suspicions that extremism is emanating from them, Government of Pakistan has devised a Education Sector Reforms (ESR) program. To bring madaris into mainstream education, ESR is striving to reform madaris education by introducing science, mathematics and computer education, it will cost about 185.6 billion rupees. To bring the formal education and Deeni Madaris close to each other and to facilitate horizontal mobility of students with the ultimate aim of integrating the two systems, Madaris reforms have been initiated with the introduction of formal education in 8000 Madaris, (Primary Education in 4000, Middle and Secondary Education in 3000, and Intermediate Education in 1000 Madaris). Selection of Madaris is made in consultation with the Provincial Governments including Azad Jammu and. Kashmir (AJ&K), Federally Administered Tribal Areas (FATA), and Federally Administered Northern Areas (FANA). Madaris will be mainstreamed through provision of grants, salaries to teachers, cost of textbooks, teacher training and equipment. Formal subjects of English, Maths, Social/Pakistan Studies and Computer Science will be introduced at the intermediate levels. This is indeed a great step forward for the cause of literacy in the country as well as for religious seminaries for earning social and international acceptance.
It should be brought before international community through their own people and media that religious Madaris in Pakistan are not less than any Government Model School where students are not only taught Islamic studies but also equipped with modern subjects of science and technology. The Government of Pakistan has religiously initiated Madrassa reforms to root out extremist elements and to refine the highest scholastic achievement so that their students be incorporated as a contributory segment of the society. Federal Minister for Religious Affairs Muhammad Ijaz-ul-Haq has said that Pakistan is successfully going ahead with Madaris reforms and 98% registration of Madaris has been completed in order to bring these institution into the national mainstream. The registration and reform process of seminaries have been expedited including provision of all basic facilities so that Madaris can impart modern education. In fact, the whole purpose of this campaign is to combine Islamic teachings with modern sciences to train the Madrassa pupils to become an excellent religious scholars, judges and administrators. These reforms can not meet success without the support of Madrassa administration, educated citizens and religious scholars, their combined efforts towards the implementation of ESR would really help in removing wrong perceptions of the west regarding Madaris.




Somalia: What news has failed to report
Ramzy Baroud

THE people of Somalia are enduring yet another round of suffering as Ethiopian forces wreck havoc in the capital, Mogadishu. Apparently in response to an attack on one of its units, and the dragging of a soldier’s mutilated body through the city’s streets, an Ethiopian mortar reportedly exploded in Mogadishu’s Bakara market on Nov. 9, killing eight civilians. A number of Somalis were also found dead the following day, some believed to have been rounded up by Ethiopian forces the night before.
Nearly 50 civilians have reportedly been killed and 100 wounded in the two-day fighting spree between fighters loyal to the Union of Islamic Courts and government forces and their Ethiopian allies. A report, issued by Human Rights Watch, chastised both Ethiopian troops and “insurgents” for the bloodletting. Peter Takirambudde, the watchdog’s Africa director, was quoted as saying, “The international community should condemn these attacks and hold combatants accountable for violations of humanitarian law — including mutilating captured combatants and executing detainees.”
Of course, one cannot realistically expect the international community to take on a constructive involvement in the conflict. Various members of this community have already played a most destructive role in Somalia’s 16-year-old civil war, which fragmented a nation that had long struggled to achieve a sense of sovereignty and national cohesion. To dismiss the war in Somalia as yet another protracted conflict between warlords and insurgents would indeed be unjust because the country’s history has consistently been marred by colonial greed and unwarranted foreign interventions. These gave rise to various proxy governments, militias and local middlemen, working in the interests of those obsessed with the geopolitical importance of the Horn of Africa. Colonial powers came to appreciate the strategic location of Somalia after the Berlin Conference, which initiated the “Scramble for Africa”. The arrival of Britain, France and Italy into Somali lands began in the late 19th century and quickly the area disintegrated into British Somaliland and Italian Somaliland. Both countries sought expand their control, enlisting locals to fight the very wars aimed at their own subjugation.
World War II brought immense devastation to the Somali people, who, out of desperation, coercion or promises of post-war independence, fought on behalf of the warring European powers. Somalia was mandated by the UN as an Italian protectorate in 1949 and achieved independence a decade later in 1960. However, the colonial powers never fully conceded their interests in the country and the Cold War actually invited new players to the scene, including the United States, the Soviet Union and Cuba. One residue of the colonial legacy involved the Ogaden province of Somalia, which the British empire had granted to the Ethiopian government. The region became the stage of two major wars between Ethiopia and Somalia between 1964 and 1977. Many Somalis still regard Ethiopia as an occupying power and view the policies of Addis Ababa as a continuation of the country’s history of foreign intervention.—Arab News