NSCN (I-M) calls upon Prime Minister to uphold 2015 Framework

Context: National Socialist Council of Nagaland (Isak-Muivah) has called upon the Prime Minister to uphold the 2015 framework agreement. In this context, let us understand the framework agreement, its key features, contentious issues and a way forward.

About 2015 Framework Agreement between NSCN (I-M) and Government of India

• The Framework Agreement (FA) was signed in 2015, between the Government of India and the National Socialist Council of Nagalim- Isak-Muivah (NSCN-I/M). 
• It was a significant step in resolving the decades-old Naga insurgency and moving towards a permanent peace settlement.

Key features of the Agreement:

• Recognition of Naga identity: Indian government recognised the "unique history, culture, and position" of the Nagas.
• Shared sovereignty: The agreement introduced the idea of shared sovereignty, meaning that Nagas would have a special political and administrative status while remaining within India.
• Peaceful resolution through dialogue: The agreement was meant to lay the groundwork for a final peace settlement through further negotiations.
• Autonomous Governance: As per the interpretation of NSCN (I-M) the agreement has allowed for a special autonomous arrangement for Nagas, with enhanced legislative, executive, and financial powers.
• No immediate territorial change: While NSCN (I-M) sought integration of all Naga-inhabited areas (including parts of Arunachal Pradesh, Assam, and Manipur) into a unified "Nagalim," the agreement did not explicitly promise redrawing of state boundaries.

Contentious Issues

• Separate flag and constitution: NSCN (I-M) insists that the agreement included provisions for a Naga flag and constitution, which the Indian government has not accepted.
• Framework agreement as a stumbling block: The vague wording of the 2015 Framework Agreement (FA) has led to contrasting interpretations by NSCN (I-M) and the Indian government. NSCN (I-M) interprets "sharing sovereign power" as an acknowledgment of separate sovereignty, which the government does not accept.
• Impact of Article 370 Abrogation (2019): Before August 5, 2019, Jammu & Kashmir had a separate constitution and flag, setting a precedent. After Article 370 was revoked, the Indian government hardened its stance, making it politically impossible to accept similar demands from NSCN (I-M).
• Poor drafting of agreement: Agreement has been drafted vaguely, allowing both sides to interpret it differently.
• Internal divisions among Naga groups: During former interlocutor R.N. Ravi’s tenure, smaller groups like the Naga National Political Groups (NNPGs) gained prominence. This strategy weakened NSCN (I-M) but also stalled the peace process, as NSCN (I-M) saw it as an attempt to divide Nagas. 
• No clear timeframe for final accord: Despite reinitiating talks, there is no clarity on a final agreement due to the unresolved flag and constitution issue. 
• Lack of Clarity:  The full text of the Framework Agreement has never been made public, leading to differing interpretations. 

Current Status

• Stalemate: Since 2019, negotiations have been stuck, primarily over the issue of the separate flag and constitution.
• NSCN (I-M) has demanded that the government honor the original spirit of the agreement.
• No Final Settlement yet: Despite years of talks, a comprehensive peace accord is yet to be signed.  There has not been a full-time interlocutor for the negotiations since 2021.

Read More: NAGA Issue 

Way Forward

• Inclusion of all factions: A comprehensive accord cannot be achieved without the participation of NSCN (I-M) and other armed factions. The government must engage with all stakeholders, including Naga National Political Groups (NNPGs), to ensure inclusivity.
• Political & Administrative Autonomy: Establishing a bicameral Assembly for Nagaland, with nominated members representing different Naga tribes. Granting greater legislative and financial autonomy to the Naga Assembly.
• Integration of Naga cadres: Absorbing NSCN (I-M) cadres into local armed forces or Indian paramilitary units to prevent the resurgence of insurgency. The government can also provide a structured rehabilitation package to integrate former militants into mainstream society.
• Autonomous Councils for Naga areas in neighboring states: Setting up autonomous councils for Naga-dominated regions in Arunachal Pradesh, Assam, and Manipur. These councils should have powers similar to those under the Sixth Schedule of the Constitution.
• Cultural & Symbolic Recognition: Promoting Naga identity through cultural institutions, local governance models, and linguistic rights.
• Trust-building measures: The government should appoint a dedicated full-time interlocutor to facilitate smooth negotiations. Confidence-building measures, such as greater economic investments, infrastructure development, and cultural exchanges, to reinforce peace efforts.
• Timeline for final accord: A clear roadmap with deadlines for the final agreement to ensure transparency and commitment from both sides.

Article 371 A of the Indian Constitution:

It is to be noted that Article 371 A of the Constitution of India makes some special provisions for the State of Nagaland: 

1. The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:

• Religious or social practices of the Nagas.
• Naga customary law and procedure.
• Administration of civil and criminal justice involving decisions according to Naga customary law; and
• Ownership and transfer of land and its resources.

2. The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final. This special responsibility of the Governor shall cease when the President so directs.
3. The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose, and not in any other demand moved in the State Legislative Assembly.
4. A regional council consisting of 35 members should be established for the Tuensang district of the state. The Governor should make rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries, and allowances; the procedure and conduct of business of the council; the appointment of officers and staff of the council and their ser- vice conditions; and any other matter relating to the constitution and proper functioning of the council.