Will not part an inch of our traditional land towards encroachers, restriction of movement for Mao people will continue: SAPO

Kohima: The restriction of movement for Moa citizens in the Southern Angami areas has been in effect since 15 December 2022

BY | Saturday, 7 January, 2023

The Southern Angami Public Organization (SAPO) today issued a public notice reiterating its decision to restrict the movement of Mao people in Southern Angami jurisdiction.

SAPO had decided to restrict the movement of Mao people in Southern Angami area from 15 December 2022 onwards in relation to the Kezoltsa land issue.

Following is the complete statement from SAPO, dated 7 January 2023.

SAPO committed to its Decision in Restricting the Movement of Mao People within the Southern Angami Jurisdiction

Southern Angami Public Organization (SAPO) would like to reiterate, that till date, it had stood committed and honoured Tenyimia Public Organization (TPO’s) directives and undertakings with regard to Kezoltsa issue. However, we would like to put the facts on paper, not necessarily responding to paper wars, that the Mao Council and the Manipur State Government has been non-committal and repeatedly violated the TPO’s directives, for which SAPO had often raised serious objections for the violated activities.

Through this notice, we would also like to clarify to every concerned public, that the TPO (then under the Presidentship of Z.M. Sekhose) and its Board of Arbitrators (BOA) has taken up the traditional boundary issue of Kezoltsa between the SAPO and Mao, and resolute an ‘arbitration agreement’ as early as 2015. However, on March 19, 2010, an incident where some illegal timber loggers belonging to the Mao tribe were caught, whereby TPO constituent units including Angami Public Organization (APO) and Memai (MAO) Council), again, agreed with signatures on the following points in the presence of TPO officials:

  1. That those detainees should be released safely, unharmed, but respect and maintain the traditional boundaries of our forefathers.
  2. No one (both parties) is allowed to develop or harvest, (such as logging, firewood, etc.) until the dispute-case is settled.
  3. TPO shall initiate the dispute case and settle it within 4 months.

Accordingly, SAPO volunteers accorded ‘safe passage’ of the detainees to Memai Council, as spelt out by TPO.

SAPO would like to put on record some facts that, during the pendency of the case and agreement undertaking (Dated 19th March 2010 before the TPO court), some acts, though not exhaustive, that had been violated by the Mao people:

  1. Random logging by some Mao citizens and even detained by Southern Angami Youth Organisation (SAYO) volunteers on 20th March 2010 (Moropfumai and others while illegally timber logging inside the Kezoltsa).
  2. During this imbroglio, Mao Council submitted a memorandum to Shri Okram Ibobi Singh, Hon’ble Chief Minister of Manipur on 23rd April 2015, with the caption ‘Massive Encroachment by Southern Angami People’s Organization (SAPO) taking place, deep into Manipur State’s Political Boundary in the Dzüko- Kozürü Area’.
  3. Due to this memorandum, the membership of the Mao Council was disassociated /suspended by the Naga Hoho till such time the memorandum was withdrawn.
  4. The infamous Memorandum submitted by Mao Council to the Government of Manipur on 23rd April 2015 was supposedly withdrawn with effect from 25th October 2015, but surprisingly, even on 1st July 2017, the President of Mao Council stated at Senapati, that they were unable to withdraw the memorandum because “it will sever ties with the Government”.
  5. Maos burnt down SAPO Rest House on 27th January, 2016.
  6. TPO issued a letter to the Mao Council to discontinue the on-going road construction under PMGSY 2012 towards Kezoltsa 9th January, 2016, but it went unheeded.

Further, an ‘arbitration undertaking’ was signed on 28th November, 2017, by the then President of SAPO (Dr. Neiketu Kiso), the Chief of Maram Khullen (Shri. K. Namba), and the President of Mao Council (Shri. Dili), in the presence of TPO President (Shri Timikha Koza), BOA Convener (Shri Sovenyi) initiated by TPO. These authorized delegates from their concerned Organization/Party solemnly signed that:

Whereas, the present forest land dispute between the Southern Angami, the Mao Council and the Maram Khullen village authority over ‘Kezoltsa / Kozürü/ Kazing/ Karyi /Dzükou Area’ has been taken up by the Board of Arbitrators (BOA) constituted by the Tenyimi People Organization (TPO).

Whereas, all the parties, fully concurring that the land belong to the people and not to any state or government, agreed to resolve the dispute based on Naga Customary Laws and its Usages (Tenyimia) and not to resort to or approach any other court(s) and also do hereby commit to abide by the decision of the BOA and co-operate with the TPO for implementation of the decision given by the Arbitral Tribunal.

Further, in view of the aforesaid undertaking, we also agreed not to:

  1. Destroy the forest – flora and fauna
  2. Collect forest produce
  3. Permit hunting
  4. Allow any road connectivity to the above mentioned forest. To this effect the existing road(s) shall also be cut-off.

To this pledge we commit that in the event of any violation or failure to abide by the above-mentioned points, the BOA/TPO may invite a penalty of minimum ₹20 (twenty) lakhs fine or even to the extent of ‘Excommunication’ depending on the degree of default.

It is clearly understood that with this ‘arbitration undertaking’ between the parties, all the rights over the land and its resources has been kept in custody, from the SAPO, Maram and Mao, by the BOA. And, thereby, the land and its resources absolutely fell under the protection, control and custody of the BOA /TPO.  Subsequently, SAPO truly honoured and stood committed to every TPO/BOA directives and undertakings. But on the contrary, the Mao Council and the Manipur Government had records of repeated violation. SAPO had also raised serious objections with TPO to the developmental activities being carried out by the Mao Council and the Manipur Government on several occasions.  Further, we would like to put on record, other violated activities (by the Mao Council/Manipur Government) for all right thinking citizens to decide who actually the violator of agreed terms is:

  1. MMTA Manipuri Mountaineering Trekking Association trekked Dzükou valley on 4th and 6th June 2017, without permission from SAYO and were detained and released by SAYO.
  2. The MMTA illegally trespass the age old standing rules of the valley custodian SAPO/SAYO and also in violation to the agreement executed between Government of Nagaland and Manipur defining the entry point into the valley from Viswema and Jakhama. MMTA members also admitted that they, the illegal trekkers, have started the fire inferno.
  3. Agreement had been arrived on 26th November 2018 with regard to Dzükou Valley fire between representative from the Government of Nagaland, represented by Advisor to the Chief Minister, Nagaland, DGP Nagaland, the legal custodian of the Dzükou Valley Southern Angami Public Organization and Southern Angami Youth Organization and Government of Manipur, represented by the Hon’ble Minister PHED, Shri. L. Dikho and other officials from the Manipur Mountaineering Trekkers Association (MMTA).
  4. On 29th December, 2020, the fire inferno had started at Dzükou before the maiden visit of the Hon’ble Governor of Nagaland, Shri. R.N. Ravi, to Dzükou on 30th December 2020. On the pretext of dousing off the fire inferno then, the Mao Council, together with the Government of Manipur, took advantaged and constructed roads, installed solar lights, and used heavy machineries, built up huge structure for Manipur Armed personnels within the zone under TPO custody. Despite SAPO raising objections before the TPO Court for such illegal encroachments and anti-environment developments, the Manipur Government has forcibly stationed the IRB personnel within Kezoltsa.
  5. On 11th February, 2021, in the court of the District Magistrate of Senapati, Manipur, CrPC 144 was imposed within the custodian zone of the TPO, prohibiting and restricting the Southern Angamis to enter their own traditional land. At this juncture, Maos conniving with Government of Manipur, deployed heavy armed personnels to safeguard workers and carry out developments, such as construction of roads, security barrack, an alternative route to Dzükou and electrification of their illegal camps.
  6. On 13th March, 2021, the TPO & BOA delegates met the Hon’ble Chief Minister of Manipur and apprised him of the prevailing dismal situation at Kezoltsa. They requested the Hon’ble Chief Minister, Nongthombam Biren Singh to address the issue. The Chief Minister there and then immediately directed his council of Minister, Shri. L. Dikho, to immediately cease work and withdraw all security personnel so that TPO and BOA can adjudicate the matter basing on customary law and practice. However, the commitment and assurance given by the Hon’ble Chief Minister of Manipur to TPO turned out to be just eyewash as it has not withdrawn its security forces till date under the patronage of the Mao Council and Manipur Government.
  7. On 15th October, 2021, SAPO Rest House, which was reconstructed under the directive of the TPO in the year 2001, was again demolished by the Mao Council under the secure presence of Manipur Government Security Personnels.
  8. On 20th November, 2021, a memorandum was submitted to the Government of Manipur by the contesting parties – SAPO, Maram, Mao, TPO and BOA for immediate withdrawal of Manipur Security Personnel’s from Kezoltsa/Kozürü/Kazing. However, till date under the patronage of the Mao Council they continue to occupy and enforce CrPC 144 at the disputed site, allowing developments to the favoured and restricting other disputing parties.
  9. On 19th April, 2022, TPO along 9 Frontal Units of TPO went to Kezoltsa for reconstruction of SAPO Rest House, but they were denied entry to Kezoltsa by the Manipur security personnels on the ground that of CrPC 144 was enforced. Moreover, the Mao Council very cleverly abstained from participating.
  10. During 15th to 30th November, 2022, Mao Council had organized a trekking route to Tempü and Dzükou (under TPO custodian zone) though severe objections were raised by SAYO. It appealed to the Mao Council to take designated routes, as per the agreement terms executed between Government of Manipur and Government of Nagaland, dated the 26th November, 2018 but they did not pay heed, instead, the intruders, including 65 trekkers, Manipur Police, IRB and Mao Youths forcibly and illegally opened an alternative route to Dzükou.

In the light of the above illegal and untoward incidents propagated by the Mao Council and Manipur Government which has directly threatened the fabric of peaceful co-existence, Southern Angami Community were compelled to take strict security measure against the Mao Council and its citizens from entering the Southern Angami jurisdiction (so as to protect the life and security of the Mao citizens in Southern jurisdiction) as the patience of the SAPO Volunteers were running thin.

The judgement (verdict) of the BOA in the TPO Court declaring Kezoltsa- Dzükou as ‘Common Property’, dated 19th December, 2022, is perceived as arbitrary, highly factitious and biased as it abstained from the principle of natural justice and Tenyimia traditional laws, practice, custom and usages of the land are totally disregarded.

SAPO wish to restate that the BOA had failed to identify the genuine land owner, despite taking seven years, about 2190 days approximately, even after physically examining the traditional boundaries. For that matter BOA has totally ignored the merits of the statements of the contesting parties.

As also stated earlier, BOA had specified three options (choices) to the contesting parties:

  1. a) To make it as a common property, or
  2. b) To divide within the contesting parties, or
  3. c) To take an oath

SAPO since day one had consented and in writing submitted wholeheartedly to the TPO and BOA for the third option (Oath).

However, SAPO’s commitments were taken for granted and SAPO’s consent to willingly take the solemnly oath, as per traditional custom, has been totally disregarded. SAPO therefore raised these questions:

  1. The Judgement (verdict) of BOA-TPO is based on the arbitrary political imagery line of the State political boundary and not according with the traditional land holding?
  2. The BOA had totally failed to comply and take action against the Defaulter of the ‘arbitration undertaking’. It is therefore; pertinent to question, what is the stand of TPO on the wilful violation of the TPO ‘arbitration undertaking’ and what punitive measures as agreed upon have been imposed till date?
  3. Further, the BOA has miserably failed to uphold its own decision to reconstruct the SAPO Rest House; failed to enforce its own directives; the Joint Memorandum submitted before the Hon’ble Chief Minister of Manipur has failed, and the judgements which had been pronounced in the presence of the 3rd party influence, heavily Armed Security Personnels belonging to the Government of Manipur, stationed at Kezoltsa, is biased beyond measure.
  4. The question of bringing Dzükou into the judgement of the BOA is objectionable, as it is impossible for Mao land to high jumped over SAPO and Maram traditional land at Kezoltsa and take possession of Dzükou.

Therefore; SAPO desires to put on record and acknowledge all Civil Societies and individuals for their due concern in lifting the restriction towards Mao Citizens. However, we would like to appeal and give a clarion call upon the State Government of Nagaland and Manipur and all the Civil societies to jointly verify the spot and ascertained the factual facts and position of who is to guilty for carrying out various illegal activities and developments within  the custodian zone of the TPO  and BOA, and keeping in mind and considering who are the genuine land owner, not based on arbitrary, imaginary political boundary but by identifying actual traditional land holders. The Southern Angami will continue to defend and uphold the integrity of the Southern Angami land and will not part an inch of our traditional land towards the encroachers.

It is high time the legitimacy of the claims of the Mao people be determined either by selecting traditional boundaries or by political boundaries, and not by taking undue advantage of the Manipur Government and drawing imaginary political boundary, which cannot fetch peace and tranquillity within brotherhood.

The decision of the SAPO for restricting the movement of the Mao people within the Southern Angami jurisdiction will continue and further, hereon, the SAPO will cease all co-operation to the Mao Community. We also called upon the Manipur State Government to stop interfering in the affairs of the traditional rights, as the land and its resources belong to the people and not to the government, otherwise we shall be compelled to take drastic measures. Our locus standi is subject to review if the factual position is clearly spelt out after spot verification, and the memorandum submitted to the Hon’ble Chief Minister of Manipur, dated 20th November, 2021 is implemented in toto, and the impugned order of the TPO judgement is reviewed. SAPO is committed to its decision in restricting the movement of Mao people within the Southern Angami jurisdiction until Mao Council Manipur Government withdraws its armed troops from Kezoltsa and cease all development activities and programmes, to pave way for free and fair democratic dialogue on the issue traditionally.

Sd/-

Er. Tepul Hopovi,

President, SAPO & Mr. Swelul Pucho, General Secretary, SAPO.

Dated: 07/01/2022

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