By Moa Jamir
What is a ‘gentlemen’s agreement’? The most comprehensive definition is given by Investopedia, a financial website, which defined the term as “an informal, often unwritten agreement or transaction backed only by the integrity of the counterparty to actually abide by its terms. An agreement such as this is generally informal, made orally, and is not legally binding.”
“Despite their informal nature, the violation of a gentlemen's agreement could have a negative effect on business relationships if one party decides to renege on their promise,” it elaborated. Also called a "gentleman's agreement," it “may or may not be consummated by a handshake,” Investopedia noted, adding that such agreements have been commonly made in international trade and relations, as well as in most industries, particularly prevalent at the birth of the industrial age and well into the first half of the 1900s.
In international relations, the ‘Gentlemen’s Agreement’ was applied most famously between United States and Japan in 1907. According to Encyclopaedia Britannica, under the agreement Japan agreed not to issue passports to emigrants to the United States, except to certain categories of business and professional men; in return, US President, Theodore Roosevelt agreed to urge the city of San Francisco to rescind an order by which children of Japanese parents were segregated from white students in the schools.
In the Encyclopedia of the United Nations and International Agreements: Volume 2 G to M, Edmund Osmańczyk argued that though “made orally rather than in writing,” Gentlemen’s Agreement’ are “yet fully legally valid.” In popular culture, ‘Gentleman's Agreement' is a 1947 Oscar-winning American drama film on anti-Semitism, directed by Elia Kazan and among others, starred Gregory Peck, Dorothy McGuire and John Garfield in the lead roles.
Of late, the term has gained prominence in Nagaland over allegations levelled against the State Government, particularly the Chief Minister, for not honouring an ‘agreement’ made in connection with demands for up-gradation of a sub-division to a full-fledged district.
The first salvo came in the form of an “Open Letter” to the Chief Minister on December 28, 2021, by the Yimkhiung people under the aegis of Yimkhiung Tribal Council, demanding the former to honour a ‘gentleman’s assurance,’ reportedly entered upon prior the bye-election the 58 Shamator-Chessore Assembly Constituency held in October. As per the letter, the Chief Minister had, in the presence of Cabinet colleagues and senior party leaders, “assured the YTC and all the intending candidates to upgrade Shamator ADC Hq unconditionally to a full-fledged district” if a candidate from a particular party is elected “unopposed.”
The YTC, having executed the ‘assurance,’ in ‘letter and spirit’ demanded the Chief Minister to fulfil the commitment. A day after, Yimkhiung Akherü Arihako (YAA), the apex students’ organisation of the Yimkhiung community, also asked the State Government to fulfil ‘Gentlemen's Agreement.’ Similar assertions were made in subsequent statements by YTC and those supporting the district demand.
The latest came on January 4 when the Rising People’s Party (RPP) charged the all-party United Democratic Alliance (UDA) of Nagaland for conducting “one of the most abhorrent wholesale businesses – the purchase of an MLA seat in lieu of promise of a new district.” It further accused the coalition government of blackmailing “an entire community into submission for an MLA seat” and ‘openly stab in the back.’ Calling the reported agreement “immoral” and “undemocratic” and shocking ‘misuse’ of the full power of the State for party politics, the RPP deemed the assertion to be ‘true’ as there is no repudiation from the other side so far.
As understood, the ‘Gentlemen’s Agreement' is entered between two or more entities, with both sides adhering to the agreement based on trust, though orally executed. Notwithstanding the authenticity of the assertions in the present context, it is understood that some sort of understanding or promises were made, a customary practice during electioneering. However, is the reorganisation of a district part of the electoral campaign? Apart from concern over the violation of the Model Code of Conduct, how does it reflect upon the party politics and governance in Nagaland? Is this unethical misuse of the State's might for party politics? These are some immediate but pertinent moot questions.
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