Rights group seeks postponement of Mizoram Assembly Elections:
Allow the Reangs to vote

The Asian Indigenous and Tribal Peoples Network (AITPN) urged the National Human Rights Commission to direct postponement of Mizoram Assembly Elections to allow 50,000 internally displaced Reangs from Mizoram State of India presently sheltered at Dasda, Anandabazar, Kashirampur and Gachhirampara of Kanchampur subdivision of North Tripura to participate in the in the forthcoming Assembly Elections in Mizoram. The AITPN stated that Kashmiri Pandits based in Delhi and Jammu had participated in the May 1996 Parliamentary Elections and September 1996 Assembly elections in Jammu and Kashmir.

The Reangs fled from Mizoram due to Awell founded fear of being persecuted for reasons of their membership to a particular ethnic group, different language and different religion. The NHRC should take into consideration that 50,000 Reangs would not have left their hearts and homes unless there is genuine lack of their security. A meeting to be organized under the Chairmanship of Justice Shri V S Malimath consisting of the Chief Secretaries of Assam, Mizoram and Tripura and the complainants of the case No. 40/16/97-98 had to be canceled and no solution could be found.

The Mizoram state is scheduled to hold Assembly Elections on 25 November 1998. The interested candidates have already filed their nominations. However, no decision has so far been taken whether the internally displaced Reangs will be able to cast their votes. The Election Commission of India, the Union Home Ministry and the State Government of India have maintained a studied silence on the voting rights of the Reang refugees. The Election Commission of India termed the situation as "unusual". Hence, interested Reang candidates could not file their nominations by 6 November 1998.

AITPN stated that Article 60 of the Representation of the People Act, 1951 allows postal ballots in special circumstances and those who are held under preventive detention laws. The underlying intent of the Article 60 of the Representation of People Act, 1951 is the equality before law as provided in the Article 14 of Indian Constitution. If those who are held in preventive detention have the right to vote, there is no reason why those who fled to save their lives cannot be allowed to vote”- stated Mr Suhas Chakma, Director of the AITPN.

AITPN further stated that the right to participate in the elections is not only the right to vote but to be elected. Article 25 of International Covenant on Civil and Political Rights (ICCPR) provides the right to vote and to be elected at genuine periodic elections through universal and equal suffrage. When the Government of India ratified the ICCPR in 1979, it did not express reservation to Article 25 of thee ICCPR. This implies that India has accepted the validity of the Article 25 of the ICCPR in Indian law.

The AITPN urged that both national law and international law provide the right to participation in the government. A precedence had already been set by allowing the Kashmiri Pandits to cast their postal ballot. In order to ensure equality before law and that the Reangs could cast their votes, the AITPN urged the NHRC to:

- direct the Election Commission of India to postpone the Mizoram Assembly Elections to allow the interested Reang candidates to file their nominations to participate in the Government as provided in the Representation of the People Act 1950 and the Representation of the People Act, 1951 and the ICCPR;

- approach the Supreme Court if necessary to enforce postponement of Assembly Election in Mizoram to ensure the right to participate in the government;

- direct the Union Home Ministry, State Government of Mizoram and Election Commission of India to take all the measures to ensure that the Reangs from Mizoram could freely cast their votes in the forthcoming Assembly elections in Mizoram and

- direct the Union Home Ministry, State Government of Mizoram and the Election Commission of India that polling booths are opened in the camps of the Reangs internally displaced persons in Tripura in view of the allegations of the Kashmiri pandits that all of them were not allowed to cast their votes;

For favour of publicity

Suhas Chakma
Coordinator