Oval Briefs: Bangladesh s Border Issues with India

Transcription

1 Oval Briefs: Bangladesh s Border Issues with India Introduction The Narendra Modi led BJP government has recognized the importance of mutual co-operation among India s neighbours in South Asia to foster economic growth and development in the region. Despite using the Bangladeshi infiltration into India in negative light as a major talking point during his campaigning prior to the elections, his government has emphasized on resolving any pending grievances with the incumbent Bangladeshi regime, especially with respect to the border delimitation between the two states by negotiating and subsequently ratifying the long awaited Land Boundary Agreement with their counterparts. This piece seeks to provide some talking points prior to Special Envoy Jaishankar s SAARC yatra to Bangladesh this March. It is expedient to note that India shares its longest external border with Bangladesh, encircling the latter for a whole total of 4096 kms (including the riverine parts). However, the so called border issue between the two states isn t entirely a question of merely positioning a line, considering the existence of literal islands of extraterritorial land, known as enclaves i and the prevalence on porous marshy land across the riverine Sundarbans and neighbouring areas, make it a demographic nightmare for any cartographer to exactly pinpoint. This topographical mix of land textures, tidal sandbars created from tributaries (also known as charporis ), gradient vegetation and steep hills makes the terrain therein extremely difficult for construction of fences, roads and Border Observation Posts (BOP) and rendering it problematic to monitor the region. Further, the existence of an amalgam of crosscutting societies, practising indigenous cultures and possessing high levels of ethno-political assertions, adds to the prevalent ambiguity in deciphering between the actual political and social boundaries. The need to rectify the border issue is imminent since the entire region has suffered owing to political instability, economic backwardness as well as rising acts of insurgency and communal activities between the locals and migrant population alike. The immigrants are often viewed as outsiders primarily owing to cultural and communal differences as well as competition for existing resources such as land, employment and other benefits offered by the state. Owing to the growing instability in the region, there Source: Land Boundary Agreement (1974 Draft) Press Information Bureau has been a rise of trans-border crime, arms, material goods and drug smuggling, kidnapping, human trafficking and other nefarious trade activities. Further, the rise of insurgent

2 and separatist groups such as United Liberation Front of Assam (ULFA), National Democratic Front of Bodoland (NDFB), All Tripura Tiger Force (ATTF) and many others in the North east region, which have active bases in the Bangladesh hinterland, has spurned India s need for developing a stringent national security strategy. History of the Dispute Initially during the time of partition, both India and East Pakistan welcomed voluntary migration and demanded their unmolested free passage. However, owing to the stronger territorialisation of national identities among the locals resulted in an erosion of the prevailing immigration rights of refugees and their basic right to homecoming entitlements were restricted thereon. The idea of fencing the border was first mooted in 1965 by the Assam government, pursuant to persistent protests by the All Assam Gana Parishad Sangh (AAGPS) and All Assam Students Union (AASU) to restrict the entry of illegal migrants. This decision was primarily taken on increasing population trends as noticed in the Census and its socio-economic as well as political repercussions. Subsequent to the creation of independent Bangladesh in 1971, the Indian government under Indira Gandhi tried to negotiate the Land Boundary Agreement (LBA) in 1974 with her Bangladeshi counterpart, Mr. Mujib Rehman. However, this proposed agreement did not materialise and subsequent Jamaat-e-Islami governments have kept opposing it, on the ground of disputed boundary claims. Some argue that the extremist Jamaat regime has had a huge role in promulgating the immigration and insurgency problem in North East India, by actively encouraging terrorist groups to set up military bases within their territory ii and mushrooming Deoband madrassas for brainwashing the youth to embrace jihadist tendencies in the Indian region, iii for creating further instability in the already turbulent border regions. Various Islamist fundamentalist groups such as Jaish-e-Mohammed (JeM), Lashkar-e-Taiba (LeT), HUJI Bangladesh have active interest in the growing insurgency, as they consider this area as a viable passage into the Indian hinterland. This further advances the Mughalistan conspiracy hatched by certain extremists groups to create an Islamist state within the heartland of India, merging into Bangladesh and Pakistan. Thereafter, in 1985, the Assam Accord was entered to ensure safeguards to the Assamese and had an active clause which stated that the international border shall be made secure against future infiltration by erection of physical barriers like walls, barbed wire fencing and other obstacle at appropriate places. It considers an underachieving definition of who can be identified as Assamese as all those people residing in Assam prior to the creation of Bangladesh in 1971, treating the rest as migrants. This definition does not explore the possibility of migration into Assam before the partition, thereby creating a lot of ambiguity in reallocation of resources among the actual locals. However, the Accord has still not resolved the ever-growing entry of foreigners into India and building electrifying fences in the insurgent prone border areas. Clause 6 of the Accord states that constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social and linguistic identity and heritage of the Assamese people, which till date has not been realized by locals. Further, under Clause 10, it promised to protect the tribal belt and blocks from encroachment, but the government has failed to implement the relevant provisions. Tackling the Ever Growing Immigrant Problem Some of the reasons cited for the growing influx of Bangladeshi migrants include demographic pressure, poverty, political upheavals, environmental hazards, religious persecution. Other reasons include favourable conditions in terms of a porous

3 and easily negotiable border, demand for cheap labour, the availability of land as well as other attractions such as better medical and educational facilities, the availability of shelter from kith and kin, religious and political patronage, etc., have all facilitated large scale illegal migration. Acts of illegal migration takes place primarily through well-organized gangs with adequate support from the local administration, often including the conniving local politicians, police and security forces. Push factors in Bangladesh: Economic Reasons & % of respondents Lack of industrialisation/lack of employment/ 55.9 economic insecurity Crisis in agriculture and cottage industry/ 2.9 struggle for livelihood Economic depression/poverty 35.4 Forced grabbing of landed property 2.9 Not known 2.9 Total Source: Pranati Datta Further, the response by the Indian government shown by its complete lack of political and administrative will, coupled with lax legal remedies to drive out the infiltrators as well as the pusillanimity of India s political leadership, which remains trapped in the pseudo-secular jargon of Left opinion makers whose influence on national policy is grossly disproportionate to that ideology s electoral strength and lastly, the omnipresent vote bank politics to appease the migrant community for electoral gains. One of the major advantages immigrants face they often blend in with the local population with much ease, owing to their similar ethnic, linguistic, cultural, physical and social traits. Further, at the time of Partition, a substantial Bengali Muslim immigrant population chose to stay back in Assam as Indian citizens, thereby complicating the generalization among immigrant and local Muslim population. Source: International Relations: January However, the aforesaid conclusion isn t the most foolproof, as incidents of violence have been witnessed in Nellie massacre in Nagaon district in 1983 and recently in 2012 in the Kokrajhar district of Assam, between native Bodos and immigrant Muslims due to socio-economic and communal differences. Prof. Monirul Hussain in his seminal work, The Assam Movement: Class, Ideology, Identity (1994) has convincingly explained that while the expulsion of illegal Bangladeshi immigrants was the ostensible visible motive of the movement, its real covert motive was to polarize the constituents of the new political % Decadal Variation in Population since 1951 in India and Assam alignment that was emerging as an alternative to the ones which represented the Assamese middle-class elite India Assam Dhubri Dhemaji Karbi Anglong The immigration problem has not only created a skewed demographic profile in the border districts, it has also resulted in adverse encroachments on land holdings and other economic means which were initially meant for the locals. It is hardly a surprise when one notices that the Dhubri district in the Assam-Bangladesh border has the lowest per Capita income among its citizens and the lowest Human Development Index (HDI) and surrounding districts as well are prone to abject poverty and underdevelopment, due to the continuing migrant episode. The locals are also dismayed with the

4 fact that immigrants being the sole reason for the existence of the draconian Armed Forces Special Powers Act in the region, often profiling and targeting them for the insurgency problem. The aforesaid table indicates that the Dhubri decadal growth rate of Muslim Goalpara population in Dhubri, Dhemaji and Karbi Anglong districts in Assam was quite high prior to the 1971 Bangladesh Liberation movement but subsequently it has plateaued closer to the national annual Barpeta Marigaon Nagaon growth average of the Muslim Karimganj population. However, Table 2, as per the 2001 Census indicates that most of the border districts have a higher percentage of Muslims than the majority Hindu population which Assam boasts of, although the predominant language still spoken is Assamese (except in Karimganj Hailakandi Cachar Bongaigaon Darrang and Hailakandi districts), raising doubts Source: Census of India 2001 on whether this was the indigenous Muslim population of the region or migrants. The Legal Hurdles and the Government s Response Population in Percentage as per Religion and Language in Districts of Assam with Substantial Muslim Population Religion Language Decadal Population Muslim Hindu Assamese Bengali Growth Density per Sq. Rate Km Assam The Supreme Court, recently in December 2014, while hearing the PIL filed by the Assam Sanmilita Mahasangha, All Assam Ahom Association and others on the issue of illegal migration, rapped the Central government on why it had chosen to leave the border with Bangladesh porous and directed it to erect fences, strengthen vigilance to prevent the illegal inflow of people through the border, streamline the procedure for deportation of illegal migrants and begin parleys with Bangladesh. The Centre in its affidavit admitted that there was large-scale illegal migration from Bangladesh and had put the number between 1.2 to 1.8 crore and were taking all steps to identify these illegal migrants were being taken under Foreigners Act, 1946 and under Illegal Migrants Determination by Tribunal Act 1983 of Assam but lamented the lukewarm response from the Bangladeshi authorities, thereby making deportations infructuous. Apart from the court, the Indian government has taken several steps to curb this immigrant menace and security threat to the nation. The Zero Line has been drawn across the border to counter any terror threat into region, with active construction of additional Integrated Check Posts (ICPs) and Land Customs Stations (LCSs) within 150 yards of this line. An integrated Coordinated Border Management Plan (CBMP) has been chalked out on collaboration of both governments. Also, measures have been taken from both sides to engage in exchanging information around security concerns and an effective extradition treaty to prevent insurgents and terrorists pronging the area. There has been an active collaboration on the part of the Border Security Force (BSF) & the Bangladeshi Rifles (BDR) to prevent any further cross border

5 insurgency. iv Further, the present Bangladeshi regime has approved conducting Joint Task Force exercise with the Indian forces to counter terrorist threats in Jorhat, Assam and New Jalpaiguri, West Bengal. The Government of India has adopted a multi-pronged approach by devising key strategies to prevent future occurrences of infiltration. v In pursuance of the anti-foreigner sentiment in the region, the Indian Parliament enacted Illegal Migrants Determination Tribunals Act, 1983 (IMTD Act) to identify and deport such illegal migrants who entered into India on or after the 25 March 1971, although most of the tribunals set up under the Act are now dormant. The aforesaid Act has been subsequently repealed and merged into the Foreigners Act, 1946 to address the issue of border crossing and illegal immigration. Although fencing of the borders has been widely supported by the local communities, this is an arduous task considering the porous terrain makes it extremely difficult to make it an effective barrier. Other problems associated in the government s bid to fence the entire border include bothersome land acquisition mechanism, stringent environment laws and disputed patches often cause resistance from the Bangladeshi side. Further, many argue than fencing will not be useful for preventing a determined infiltrator, owing to the numerous escape routes available in such a terrain. Possible Solutions Jaishankar s SAARC yatra to Bangladesh is crucial to resolve the aforesaid ambiguity around cross border infiltration and settling the border boundary issue. The Modi government s willingness to ratify the pending Land Boundary Agreement (LBA) will bring clarity to the existing scenario. Based on the incumbent Bangladeshi Government s willingness to counter terrorist activities in the region and decide upon this crucial border issue, it is expected the LBA can even further India s economic ties with its neighbour and use it as an opportunity to establish a trade route with other South East Asian countries. Further, both states must take active measures to liberalize the existing visa procedure and seek implementation of the Agreement on Mutual Legal Assistance in Criminal Matters and Agreement on Transfer of Sentenced Persons and on Combating Terrorism, organized crime and illicit drug trafficking. Further, a holistic approach involving regional cooperation to eliminate terrorist groups under the Regional Convention on Suppression of Terrorism and its Additional Protocol under the South Asian Association for Regional Cooperation (SAARC) needs to be pursued. The establishment of nodal points along border areas and streamlining of information sharing has enabled response mechanisms that have created further scope for cooperation between India and Bangladesh. To address the issues around legal movement, it may be proposed that conducting on board customs and immigration checks in the buses, boats and trains travelling between India and Bangladesh can be an effective mechanism. Issuance of multi-purpose identity cards, recognizing their domicile in the border towns can also be useful measure to protect locals and keep immigration at a check. There must be effective registration of Births and Deaths and appropriate changes must be made in the National Census from time to time, to realize the effect of anti-immigrant measures. In scenarios wherein infiltration and insurgency is high, night curfew may be imposed in worst case scenarios. A wide view of the term border management must be adopted as well. vi However, the author is extremely critical of continued army presence in the area, despite it being declared a disturbance area under the AFSPA, owing to large scale incidences of violence between the civilians and the armed forces. Further, there is a need to engage in assimilating the minority Muslim community within the local fold and not profile all of them as infidels or insurgents. Emphasis must be made by both governments to develop the area by creating an infrastructure for facilitating employment among the otherwise distracted youth in the region. This will further help in integrating the border

6 populations with the mainstream society and provide for a major boost in their standard of living. Unless active efforts are taken by the Centre to promulgate the development concerns of this region, the concerns around insurgency and illegal immigration will not take a backseat. Local law enforcement agencies and the civil administration must be given more leeway by the Central government with regard to handling internal security concerns in order to facilitate effective border management. There is a need for a more co-operative approach than confrontational, using tangibles structures that relate to local concerns of both states. It is necessary not to view migration as a security problem and adopt a humanitarian approach to resolve the dilemma faced by such stateless persons. In order to prevent it from being a security issue, there must be a sustained drive from all stakeholders to ensure peace and development in the region and a multicultural approach to assimilating the migrants within the local culture fold. i Also known as Chitmahals (Bengali); There are 106 Indian enclaves and 92 Bangladeshi enclaves. Inside the main part of Bangladesh, 102 of these are first-order Indian enclaves, while inside the main part of India, 71 of these are Bangladeshi first-order enclaves. Further inside these enclaves are an additional 24 second order- or counter-enclaves (21 Bangladeshi, 3 Indian) and one Indian counter-counterenclave, called Dahala Khagrabari. They have an estimated combined population between 50,000 and 100,000. [For further insights, you may look at Willem Van Schendel s piece on the making of Enclaves - ii The new regime allowed the Mizo insurgents to establish their bases in Chittagong Hill Tracts. BSF sources say that Naga insurgents have their base camps at Salopi, near the Mizoram-Bangladesh-Myanmar border in the Cox s Bazar area, as well as in Bandarban in the Chittagong Hill Tracts of Bangladesh. Manipuri rebels who were intercepted recently by the BSF and the Mobile Task Force (MTF), admitted that Meitei militants were now running their camps at Nagar and Chitalhiya, both within Bangladesh border, in villages under Sylhet, Commilla, and Moulobi Bazar districts. iii They receive financial assistance through several Muslim Non-Governmental organisations, some even getting logistical assistance from Saudi Arabia, Pakistan and Afghanistan, institutionalised extortion, religious trusts, welfare banks, etc. iv The MEA recently released a list of Bangladeshi terror outfits prevalent in the region and handed over names of 107 insurgents to the BSF and BDR. v The steps taken by the Indian Government in this regard interalia includes: Effective domination of the border by carrying out round the clock surveillance of the borders by patrolling nakas (border ambushes) and by deploying observation posts all along the International Border. Riverine segments of IB are being patrolled and dominated with the help of water crafts/speed boats/floating Border Out Posts (BOPs) of BSF water wings. Construction of fencing, patrol roads, floodlighting and additional Border Out Posts. Induction of force multipliers and HiTech surveillance. Constant efforts are being made to procure the latest surveillance equipments for further enhancing the border domination. Upgradation of intelligence network and coordination with sister agencies. Conduct of special operations along with border. vi The Group of Ministers on National Security have accepted a comprehensive understanding of the term border management : The term border management must be interpreted in its widest sense and should imply coordination and concerted action by political leadership and administrative, diplomatic, security, intelligence, legal, regulatory and economic agencies of the country to secure our frontiers and sub serve the best interests of the country.