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Namsai Declaration—How Modi govt is resolving border disputes in NE one state after another

NagaBaba

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Situated near the Nao-Dihing river on the Assam-Arunachal border, the district headquarters of Namsai was best known for the Golden Pagoda — ‘Kongmu Kham’ in the Tai-Khamti language — as one of the largest Buddhist monasteries in Northeast India. However, recently Namsai has made headlines for the settlement of the seven-decade-long border dispute, involving 123 villages and approximately 1,000 sq km of disputed territory between Assam chief minister Hemant Biswa Sarma, and Arunachal Pradesh CM Pema Khandu.


The two states share an 804-km border spread over eight districts in Assam and twelve districts in Arunachal Pradesh. Nudged by Prime Minister Narendra Modi and Home Minister Amit Shah, the two chief ministers met in Namsai on 15 July 2022, and held extensive deliberations. They were able to resolve the dispute with respect to 37 villages while the remaining villages were referred to 12 regional committees consisting of officials and public representatives from both states. These 12 committees conducted physical visits to the ‘points of difference’.


In the last round of discussions held on April 20, 2023, the two states reviewed the progress made on the Namsai Declaration in the presence of Shah and resolved their differences regarding another 34 villages. Out of the 71 villages on which an agreement has been reached, 60 will remain in Arunachal, 10 in Assam, and one will be transferred from Arunachal to Assam. The demarcation of the boundaries of 49 villages, out of the remaining 52, will be finalised within six months “through continuous dialogue”, while the remaining three, located partially within the Indian Air Force area in Dullong, will be taken up by the government of Arunachal Pradesh in line with the discussions with the government of India and the IAF. Meanwhile, Arunachal Pradesh agreed to relinquish its rights to a large stretch of disputed land in Jorhat town in Assam.


Here’s an important clause from the memorandum of understanding (MoU) signed by Assam and Arunachal Pradesh: “Both the states agree that no new claim area and village shall be added beyond already claimed 123 villages. Also, both the state governments agree to effectively prevent any new encroachment in the border areas.”

History of dispute, attempts to resolve


However, it is important to delve into the history of the dispute, which dates back to colonial times. The enactment of the Bengal Eastern Frontier Regulations in 1873 established an “inner line”, which demarcated an imaginary boundary between the plains and the frontier hills. This boundary was later designated as the North-East Frontier Tracts in 1915. This was done in pursuance of the frontier policy of the colonial state, in which they deliberately left large swathes of undefined territories in geographies with sparse populations.


In 1951, a sub-committee headed by then-Assam Chief Minister Gopinath Bordoloi submitted a report with reference to the administration of North-East Frontier Agency (NEFA), which in 1972 became Arunachal Pradesh (and included some parts of Assam). As per the recommendations, around 3,648 sq km of the “plain” area of Balipara and Sadiya foothills were transferred from NEFA to Assam. However, Arunachal Pradesh has long contended that the transfer was done without consulting its people. It argued that the forested tracts of the plains had traditionally belonged to the hill tribal chiefs, and these rights had been recognised both by the colonial state and the Ahom kings with whom the tribal chiefs had maintained a “posa” relationship. This implied that their rights over the land and forests were accepted.


Several attempts have been made in the past to resolve the border dispute between Assam and Arunachal Pradesh. In 1979, both state governments agreed to establish a high-powered committee to discuss the unresolved issues, but no significant progress was made. The Arunachal Pradesh government had also sent a proposal to Assam requesting the return of 956 sq km of land, but there was no response from the Assam government. By 1983-84, 489 sq km of the border, mainly on the north bank of the Brahmaputra River, had been demarcated. However, further progress could not be made because Arunachal Pradesh did not accept the recommendations.


In 1989, Arunachal Pradesh renewed its claim and argued that it had been generous, asking only for a small portion of the plain land transferred to Assam. In response, the Assam government filed a civil suit in the Supreme Court requesting it to ascertain the Assam–Arunachal boundary. The Supreme Court established a committee under retired judge, Justice Tarun Chatterjee. By this time, Arunachal had increased its claim from 956 sq km to 1,119.2 sq km. In 2007, the Justice Chatterjee Commission upheld nearly 80 percent of Arunachal Pradesh’s claim, but Assam rejected it in 2009 and argued that the boundary should be settled through give and take. In its final report published in 2014, the Justice Chatterjee Commission recommended that Arunachal Pradesh should get back some of the areas transferred in 1951 and advised both states to find a middle path through discussions.

Modi govt on right track


After an eight-year gap, Modi and Shah recognised the importance of resolving the boundary dispute among the northeastern states due to its implications for both internal and external security. Luckily, both the chief ministers belonged to the same political party and agreed to a negotiated settlement. Talks began in January 2022, and after the third round of talks, the Namsai Declaration was issued.


It is worth noting that the Modi government has successfully resolved several longstanding issues in the Northeast region. Over the years, various peace agreements have been signed with militant groups, including the National Liberation Front of Tripura (NLFT) in 2019, Bru tribal refugees in 2020, and the Bodo, Karbi and Adivasi groups. The government has also made progress in resolving the border disputes between Assam and Meghalaya. Furthermore, Assam and Nagaland have shown a willingness to cooperate on oil exploration in the disputed zone between them, which bodes well for the region’s future. It is becoming increasingly clear that sustainable development in the region can only be achieved by addressing conflict-inducing issues and focusing on the people rather than territorial disputes.


Sanjeev Chopra is a former IAS officer and Festival Director of Valley of Words. Until recently, he was Director, Lal Bahadur Shastri National Academy of Administration. He tweets @ChopraSanjeev. Views are personal.

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