Supreme Court Appoints Mediators to Resolve Northeast Border Issues

New Delhi, Aug 21 : The Supreme Court today appointed a two-member mediation team to examine the border dispute between Assam and Nagaland but rejected the plea for for recusal of Justice Tarun Chatterjee from being the chairperson of the "Local Commission" constituted to resolve the row.

The apex court said the mediators comprising senior advocates Sriram Panchu and Nirjan Bhat would submit its interim report to the court by December 6 and asked the Chief Secretaries of Assam and Nagaland to assist the team in hammering out an amicable solution.

The first meeting of the team would be convened in Delhi on September 18 by the Union Home Ministry and the second meeting shall be held within four weeks thereafter, the apex court said in its order.

A Bench of Justices Markandeya Katju and T S Thakur, however, rejected an application moved by Assam's Advocate General K N Balagopal seeking recusal of Justice Tarun Chatterjee(retd) from being chairperson of the "Local Commission." "Let us give a try to the mediation efforts.

There have been number of Tribunals and Commissions on various issues but they have not solved the problems.

The Tribunal passed an order in favour of Karnataka in the Cauvery dispute but there were protests in Tamil Nadu," the Bench observed.

The apex court passed the order while dealing with Assam's application seeking Justice Chatterjee's recusal as chairperson of the Local Commission constituted earlier.

Advocate General Balagopal told the apex court that judicial prorpriety demanded that Justice Chatterjee should recuse himself as he was part of the Bench which had on September 25, 2006, constituted the Commission with Justice S N Variava, a retired judge, as chairperson.

The appointment, he said, was made on the basis of names suggested by then Attorney General.

The counsel pointed out that Justice Variava subsequently expressed "personal difficulties" and withdrew from the Commission by a communication dated December 26, 2009. He said that thereafter the apex court passed an order appointing Justice Chatterjee as chairperson of the Commission.

According to counsel "judicial propriety required" that a judge, who was part of the Bench which constituted the Commission, should not himself become the chairperson.

However, the Bench said the state should have raised the objection on January 12, 2010, when the order appointing Justice Chatterjee was made.

Hence, it dismissed the application. Justice Chatterjee was recently in the news after the CBI gave him a clean chit in the UP Government's multi-crore PF scam.

Lafarge's India-Bangladesh Cement Project Remains Frozen

Project backed by World Bank and Asian Development Bank has been questioned over impact on indigenous community

By Julien Bouissou

The conveyor belt leading to the Lafarge cement plant. Photograph: Alam Beg Imtiaz/Interspeed/Lafarge

Four years after operations started Lafarge's gigantic limestone mine in Meghalaya state, northeast India, is still at a standstill, pending a decision by India's Supreme Court.

In February the court ordered a temporary halt to mining, demanding the French firm carry out an additional environmental impact assessment focusing in particular on protection of biodiversity on the site and in nearby forests, and prevention of sediment dispersal towards the river. The shut-down is costing Lafarge Umiam Mining Private Limited (LUMPL) $3m a month.

In 2006 Lafarge, a global leader in cement, boasted about the diplomatic and technical expertise deployed to locate this massive industrial facility, costing $275m, on the border between India and Bangladesh. A 17km-long conveyor belt can carry up to 6,000t of limestone a day to the cement works on the other side of the border, where the supply of gas, essential to the production of cement, is plentiful.

In 1997 the project gained the financial backing of the Asian Development Bank and the International Finance Corporation, a World Bank subsidiary, on account of its contribution to developing this out-of-the-way area.

But in 2008 a confidential report by an ADB mission highlighted shortcomings, in particular the lack of transparency in the purchase or lease of land belonging to indigenous peoples. The report, which Le Monde consulted, concluded that the use of a go-between fell short of transparency requirements and did not comply with ADB policy on good governance.

The go-between in question was SG Lyngdoh, a member of the Meghalaya state parliament. In the mid-1990s he negotiated the purchase or use of land owned by indigenous peoples. From 1997 onwards he gradually sold the assets of his own company to LUMPL, a joint venture also involving Cementos Molins of Spain.

Under the Indian constitution, land in tribal areas cannot be transferred to "non-tribals", unless the transaction contributes to the development of local communities. "And so far no one has benefited from it," says a member of the Shella Action Committee, which opposes Lafarge's incursion.

Lyngdoh, however, convinced the authorities to allow him to sell the land he had purchased to foreign organisations. "As far as we know land acquisition policy followed the relevant ADB rules," a Lafarge spokesperson said.

In the village of Nongtrai, where the population has transferred land-use rights to the mine, Lafarge executives show off the recent improvements: a football pitch, an extension to the school, the purchase of six looms for the women of the village and a visit by a mobile clinic at least once a week.

"It is not much. Above all LUMPL has not allocated an annual budget for local community development. Projects are funded piecemeal," says Kai Schmidt Solau, who took part in the ADB mission.

In February the Supreme Court decided to appoint other bodies to implement sustainable development policies. It also ordered a fund to be set up and endowed with $4m a year – existing investments are estimated at $200,000 – to be paid for out of royalties on the limestone. The fund will be managed by NGOs and the state governor for villages near the mine.

At Shella, villagers are demanding more jobs. "Out of 300 jobs on offer, we only got 50," says village councillor Tobias Tiewdop. "And the lowest wages are only $65 a month, not enough to feed a family." "Mike Cowell, of LUMPL's parent company. responds: "A third of the workforce is allocated to security duties and we cannot give that work to local people."

Lafarge now plans to invest $1m in a scheme for local residents. "But it is difficult for us to deploy sustainable development policies until we are sure we can operate the mine," Cowell adds.

The villagers are already dependent on revenue from the mine. Although they only receive 25 cents per tonne of mined limestone, a third of what the owners of small mines in the vicinity – they all dread what would happen if Lafarge actually left. "We would have to take our children out of the school and find other means of subsistence," says Daioris Stembon, deputy-chair of the Shella women's council.

This story was first published in Le Monde.

Tsukti Longkumer, an Inspirational Entrepreneur of Nagaland

By Peter Chachei

Kohima, Aug 20 : Tsukti Longkumer, an upcoming hotelier from Nagaland, is an inspiration for the youth in the region, as he has shown them the way to be self-reliant.

At the young age of 18, Longkumer started a catering business in Mokokchung town. And, today at 32 he is a successful entrepreneur.

He owns an eight-room lodge called 'Whispering Winds' situated at the highest point of the town.

"Before I started the catering business, people used to collect chairs, and utensils from their neighbourers to organize the functions. Then I decided to start catering business to provide service to the people and earn some money for myself," said Tsukti Longkumer.

He was recently awarded the "2010 Outstanding Entrepreneur" by the Nagaland government.

His achievements are a source inspiration for other youngsters in Mokukchung, the third most important urban hub in Nagaland.

He says that the youngsters here should not always look towards getting the government jobs. "They can do business, whatever small business it may be, and live a respectable and self-sustaining life," said Longkumer.

The youth are aware of the damage caused by militancy and are keen to bring economic prosperity to the state through their efforts.

The local people here feel that the region holds huge potential for tourism and peace and normalcy in the region can draw tourists, generate jobs and give a boost to local business.

Mizoram to Have Cancer Hospital Soon

Aizawl, Aug 20 : Prompted by high incidence of cancer in Mizoram, the state government is planning to set up a 200-bed cancer hospital in the city.

Mizoram's own Regional Cancer Centre would be upgraded to a 200-bedded hospital to meet the local requirement, Chief Minister Lal Thanhawla said here today.

''The Regional Cancer Centre that we have will be upgraded and equipped with the latest technology to avoid spending of huge amount of money to get treatment outside Mizoram,'' the Chief Minister said after he inaugurated the new building of the cancer centre today.

Expressing grave concern over the high prevalence of cancer in Mizoram, Lal Thanhawla said,''It is high time that we change our lifestyles, avoid heavy tobacco consumption and unhealthy foods.

''While it is one of the government's top priorities to give the best available healthcare facilities to the people, it is also the responsibility of the people to be health conscious,'' said Lal Thanhawla.

The Chief Minister also pointed out that despite huge amount of money received from the Centre under the National Rural Health Mission, Mizoram lagged behind in health infrastructure.

''With more efforts, I believe we can make Mizoram one of the best states in healthcare,'' he added.

Speaking at the inaugural function, State Health Minister Lalrinliana Sailo said,''Changing of lifestyles has brought about different kinds of diseases in Mizoram which were unknown to our forefathers.

''Roughly Rs 4.4 lakh per day is spent for medical treatment at Aizawl Civil Hospital alone. It comes to Rs 16 crore per year,'' he said adding the total expenditures on medical treatment in the hospitals, including hospitals outside Mizoram, are unimaginable.

Hunter Quits Hunting, Earns Praise

Aizawl, Aug 20 : A hunter bidding farewell to hunting today earned kudos from Mizoram Environment and Forest Minister H Rohluna, who felt that the awareness to protect wildlife was on the rise.

Interacting with mediapersons, Mr Rohluna said he welcomed the act of the seasoned hunter, M C Zathuama of South Lungpher village in southern Mizoram, who has given up his 20-year-long trade of hunting and vowed not to harm animals anymore.

''Mizoram's dense forest was home to different species of animals. Most of that animals have either disappeared or endangered. There has been an awakening on the need to protect the wildlife which is truly appreciating,'' Mr Rohluna added.

''The man made a solemn pledge before the minister and the gathering of forest officials to never harm animals again and to do whatever he could to protect wildlife,'' official sources said.

Wildlife activists said there had been a growing awareness on environment and wildlife protection among the general masses in Mizoram during the past decade.

Association for Environment Protection (ASEP) president K Lalmuansang said today, ''There has been significant awakening in wildlife protection, particularly in the villages. Many villages have announced prohibition of poaching in their respective jurisdictions.'' He informed that a good number of hunters in villages had given up hunting and even village boys had abandoned the age-old tradition of bird hunting.

''We have been trying to educate the public about afforestation and wildlife conservation,'' a forest official said.

The Young Mizo Association (YMA), the state's largest and most influential organisation, has also been playing a very important role in educating the public about wildlife and environment conservation.

YMA branches, spread across the state, were spearheading the awareness campaigns in their respective jurisdictions.

''Gone were the days when killing as many wild animals as possible was a symbol of status in Mizo society. If this positive trend continues, Mizoram could reclaim its rich flora and fauna,'' the ASEP president said.

Efforts on to Hold Talks With Naga Groups: Chidambaram

Solution should assure Nagas dignity, equal rights

Centre cannot overreach State government

New Delhi, Aug 20 : Underlining the Centre's initiative for resolving the imbroglio affecting Manipur, Union Home Minister P. Chidambaram on Thursday while assuring the Lok Sabha that the territorial integrity of the State would not be affected, offered to hold talks with the agitated Naga groups and amend the Armed Forces Special Powers Act (AFSPA).

Replying to a calling attention motion, Mr. Chidambaram said that his Ministry had proposed amendments to the AFSPA, but added that it was a difficult issue. He categorically said that “we have to consult everybody and carry everybody with us before the amendments are made.”

Some members who had sponsored the motion had demanded that the AFSPA be annulled altogether. The motion had been sponsored by Gurudas Dasgupta, Bijoya Chakraborty, Basudeb Acharia, Shailendra Kumar and Thokchom Meinya.

As for finding a political solution to the problem in Manipur, which was subjected to an economic blockade for almost 70 days, Mr. Chidambaram said there was no question of affecting the territorial integrity of Manipur, but added that the demands of the Nagas, whether articulated by the National Socialist Council of Nagaland-Isak Muivah (NSCN-IM) or any other group, would be addressed.

Pointing out that the economic blockade had its genesis in Manipur's Autonomous Hill Districts Council elections, which the NSCN-IM and other Naga groups had boycotted, Mr. Chidambaram said the Centre was now making efforts, formal and informal, to bring these groups to the table for talks after they refused to attend the meetings convened by the Manipur government.

“The Government of India cannot overreach the government of Manipur and invite them for talks. But efforts are being made to bring the Naga groups to the table so that we can talk out our differences.”

He said the solution had to be found within the Constitution, given the pluralistic character of the country and it was inconceivable to break up States, Nagas being present in Manipur, Assam and Arunachal Pradesh. The solution had to be such as to “assure the Nagas dignity, honour, equal rights and equal place even while preserving the integrity of States.” He expressed confidence that the problem affecting the Autonomous District Council, the law, and the manner in which the elections were held could be resolved if all the parties concerned sat down face to face.

Gorlosa on Fast For Release

Jewel Gorlosa and (right) Niranjan Hojai being produced in court in Guwahati on Thursday.

Guwahati, Aug 20 : DHD (J) chairman Jewel Gorlosa and commander-in-chief Niranjan Hojai will launch an indefinite hunger strike from tomorrow to demand the immediate release of all jailed leaders and cadres of the outfit, including themselves.

Hojai, who was produced in court here today along with Gorlosa and R.H. Khan, a key accused in the Rs 1,000-crore scam in the Dima Hasao Autonomous Council, proclaimed the outfit’s demands with a slogan written on his white T-shirt, “We demand immediate release”.

Phaiphrang Dimasa, the publicity in-charge of Dima Halam Daogah (Jewel), said over phone that as a show of solidarity with the leaders, all the cadres of the outfit will observe a 24-hour hunger strike in the three designated camps at Jatinga, Harangajao and Maibang from tomorrow morning.

Hojai had also sat on a hunger strike along with other leaders and cadres of the outfit on August 9 and had sent a memorandum to home minister P. Chidambaram to demand the immediate release of the leaders and cadres.

“But the government failed to respond by the August 19 deadline set by the DHD (J). This makes it clear that the government is not keen on fulfilling its promises to the DHD (J) and has compelled our leaders to stage an indefinite hunger strike from August 20 until our leaders and cadres are released,” Dimasa said.

He said the DHD (J) was the only organisation whose case had been handed over to the National Investigation Agency (NIA) on June 6, 2009.

“It is very unfortunate and surprising that (the cases of) many other banned organisations all over India have not been handed over to the National Investigation Agency though none of them have come forward for surrender nor have they signed the peace treaty agreement,” he added.

'Change in AFSPA Only After Consulting Everybody'

New Delhi, Aug 19 : Amid demands for scrapping of the controversial Armed Forces Special Powers Act (AFSPA), Home Minister P Chidambaram on Thursday said his ministry has proposed amendments to it but these could be effected only after consultations with all concerned. He also ruled out division of Manipur

as demanded by some Naga groups on the ground that pluralistic character of states cannot be wished away, but said efforts are being made to ensure "honour, dignity and equal rights" of the Nagas within the Constitution.

Replying to a Calling Attention Motion in the Lok Sabha on the economic blockade enforced by Naga groups in Manipur, Chidambaram said the government will not spare any effort to ensure adequate supply of essential commodities.

Responding to demands from some members for scrapping of AFSPA which is in force in Jammu and Kashmir and some parts of Manipur, he said the issue was "difficult".

He said the Home Ministry has proposed amendments to the Act but "we have to have consultations with everybody before amendments are made."

On the situation in Manipur, he said the violence this year was the lowest in a decade, which is an "achievement" of the UPA government.

The violence in Manipur has dropped by about 90 per cent, he said, while noting that 466 civilians were killed in 2008, 264 in 2009 and only 47 till July this year.

Referring to the demands of NSCN(IM) for a greater Nagaland by merging parts of Manipur, the Home Minister said, "every state in India is pluralistic. We can't wish way this fact. Nagas are there in Manipur, Assam, Arunachal Pradesh. It will be inconceivable that we break up the states."

He asserted there was "no question of altering the integrity of the state of Manipur. Naga areas under Manipur will remain part of the state."

Chidambaram said efforts are underway to resolve the issues concerning the Naga Autonomous District Councils.

For the "larger problem" related to Nagaland, Chidambaram said the Centre's interlocutor R S Pandey has been holding talks which has made progress.

He said Prime Minister Manmohan Singh had also received a delegation of Naga leaders.

Moving the Motion, Bijoya Chakravorty (BJP) demanded dismissal of the Manipur government and scrapping of AFSPA but was opposed by Thokchom Meinya (Cong).