We are writing to draw your attention to a series of policy decisions of the Government of India that has far-reaching consequences for the Naga indigenous people inhabiting the India-Myanmar borderlands. On 6 February 2024, Union Home Minister Amit Shah's announcement to scrap the Free Movement Regime (FMR) and construct border fencing across the India-Myanmar international border stunned our people as it would amount to uprooting them from their ancestral land. Recognizing the gravity of the issue, our people rose in unison to oppose the government's decision to withdraw the FMR. Having voiced our concerns with the fervent plea to reconsider the decision through representations from various quarters of the society and the Nagaland state government passing a resolution opposing the repealing of the FMR, there was high expectation that better sense would prevail taking into account the ground realities.
Much to our dismay, under the facade of not entirely scrapping the FMR, the central government issued tighter guidelines, dismissing the collective voice of our people. On 24 December 2024, the Ministry of Home Affairs, Government of India issued the revised guidelines to regulate movement of people across the India-Myanmar border and introduced the 'border pass' system that limited territorial area for cross-border movement of people living in the border area to 10 km. Moreover, the new order designated only 9 entry/exit points were designated on the Nagaland border that shares a 215 km border with Myanmar.
A few days before the revised guidelines was issued, on 17 December 2024,the Ministry of Home Affairs issued an order to withdraw the relaxation granted to Nagaland in the Protected Area regime notified under the Foreigners (Protected Areas) Order, 1958, which made it mandatory for foreigners to obtain Protected Area Permit (PAP)/Restricted Area Permit (RAP). It is no coincidence that the 17 December 2024 order and the 24 December 2024 guidelines were issued back-to-back. With the territorial limit reduced on each side of the India-Myanmar border, an indigenous Naga who enters India beyond the 10 km limit can be booked and charged under the Foreigners Act.
In the name of introducing a new system to regulate cross-border movement of people, the government has yet again violated the historical and cultural rights of the Naga indigenous people.
Historical Rights of the Naga Indigenous People
In light of the above developments, we are compelled to remind you of the historical and indigenous rights of the Naps. India's few decades of existence as 4 nation-state cannot negate the fact that much before the modern Indian nation-state came into being, the indigenous Nagas had long established their homeland in the Naga Hills (the present-day India-Myanmar borderlands). It is this reality from where the Nagas derive their historical rights. It is also a historical fact that the modern Indian nation-state was an outcome of British colonialism inheriting the legacy of 'colonial borders', which were arbitrarily drawn without the consent of indigenous communities. While post-colonial India recognized the 'colonial borders' as international borders, the Naga indigenous communities never accepted the 'colonial borders' that divided our people and our land.
In the post-independent period, the idea of Free Movement Regime (FMR) conceived by leaders of India and Myanmar is a testament of the fact that the traditional way of life of the Nagas needed to be respected. The initial informal arrangement allowed the Nagas on both side of the border to move freely 40 km on both side of the border to maintain their age old ties. However this was reduced to I6 km in 2018 and now reduced to 10 km on both sides. Thus, the new border policies and regulations introduced by the Government of India simply remind as of the colonial rulers whose interests were driven solely by the hunger for power and control of territory with no respect for the indigenous people.
Revoke New 'Border Pass' System
We demand the immediate revocation of the new guidelines for movement of indigenous Nagas in their own ancestral homeland. For the Nagas living in the India-Myanmar borderlands, the international border is just an imaginary line. Since time immemorial the Nagas have considered the India-Myanmar borderlands as one social, cultural and economic space. Today, forcing our people to obtain a 'border pass' to move in their own land is unacceptable as it is tantamount to taking permission to move around in one's own house. Since the implementation of the border pass system, residents of bordering districts have been bearing the brunt of the new system.
Stop Border Fencing Plan
We oppose erecting border fences on the India-Myanmar border as we are against the idea of dividing our ancestral land. Constructing fences along the border and dividing our people and our land is an outright violation of our indigenous rights.
Restore Free Movement Regime (FMR)
in its Entirety and Original Form. We appeal to your good office to restore the FMR in its entirety and the original form not only as a mark of respect to the historical and cultural rights of the Nagas but also to maintain order and stability in the sensitive India-Myanmar borderlands. As we earnestly plea for our rights, we would also like to firmly state that we will not allow our rights to be compromised at any cost. Our democratic appeal and civilized protest to safeguard our rights should not be seen as our weakness.
Withdraw Protected Area Permit (PAP)
We demand the immediate withdrawal of Protected Area Permit (PAP)/Restricted Area Permit (RAP) from Nagaland. Reading the imposition of PAP/RAP together with the new 'border pass' system exposes the sinister design of the Government of India as the two form a lethal combination that can be used against our people for no fault of theirs. This is a direct assault on the indigenous rights of the Nagas and poses a serious threat to the lives of our people. Further, the imposition of Protected Area Permit (PAP) will virtually stop the visit of foreign tourists to the festivals of Nagaland and the North Eastern states and will do melt damage to the growing tourism industry in Nagaland.
Respect Indigenous Rights in the context of Borders
As a signatory to the United Nations Declaration on the Rights of Indigenous Peoples (2007), India's approach towards the indigenous peoples along the Indo-Myanmar border must be guided by the principles of Article 36 of the Declaration which states:
1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other people across the borders.
2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of their right.
The Naga Tribes bodies in Kohima block look forward to your good understanding and appreciation of the issues highlighted for immediate redressal.
List of Signatories:
Thejao Vihienuo, president,
Angami Public Organisation
Dozhohu Tunyi, president,
Chakhesang Hoho Kohima
Tsiithong, president, Tikhir Union Kohima
Khongjeh Konyak, president,
Konyak Union Kohima
Thsapongse Sangtam, president,
Sangtam Union Kohima
O Onglingaku, president,
Chang Union Kohima
KN Mhonthung Lotha, president,
Kohima Lotha Hoho
K Gwanilo Himb, president,
Rengma Public Organization
Thanghoi Lam, president,
Khiamniungan Union Kohima
Kangdi Maram, president,
Maram Union Kohima
DB Kaisii Poumai, president,
Naga Union Kohima
James Luiram, president,
Tangkhul Union Kohima
Akum Yimkhiung, president,
Yimkhiung Union Kohima
Wachusie Katiry, president,
Pochury Union Kohima
Neiba Newmai, president,
Nagaland Zeliang People’s Org Kohima
T Chubayanger, president,
Kohima Ao Union
Imti Phom, president, Phom Union Kohima
K Shiwoto Wotsa, president,
Kohima Sumi Hoho
Dihe Mao Mao, president, Union Kohima
(Representation submitted to the Home Minister, Government of India, New Delhi through the Governor of Nagaland, Raj Bhavan, Kohima on April 9, 2025)
