Human Rights and Armed Forces in Sub-conventional Warfare

General

The Centre for Land Warfare Studies (CLAWS) organised a seminar on “Armed Forces and Human Rights in Sub-Conventional Warfare” on 27 Mar 2008. The session was chaired by Maj Gen G D Bakshi, Senior DS, NDC.  The main paper was presented by Col K S Sheoran, Senior Research Fellow at CLAWS.  There were two discussants: Mr. Vincent Nicod, Head of Delegation, International Committee of the Red Cross (ICRC), and Mr. Michael Siromony, IAS, Chief Coordinator Training at National Human Rights Commission (NHRC).  A large number of retired and serving officers and members of the strategic community attended the seminar.

 Objectives of the Seminar

 The objectives of the seminar were:-

(a) To carry out holistic review of human rights issues in sub-conventional operations being undertaken by Indian Army on protracted basis.

(b) To obtain feedback from the representatives of NHRC, ICRC and large cross-section of audience on the research paper written by Col KS Sheoran.

Session I : Main Presentation

The presentation made by Col K S Sheoran, Senior Research Fellow, CLAWS, covered in detail the salient aspects of human rights as applicable in long drawn sub-conventional operations being undertaken by the Army in North and North-Eastern parts of the country. The following aspects were specifically highlighted by the speaker:-

 (a) The salient aspects of sub-conventional operations in general and the type of tactical operations being undertaken by the army on routine basis.

(b) Human rights as defined in National Human Rights Act 1993 (as amended in 2006) and its convergence with International Humanitarian Law.

(c)        The existing govt policies and the complimentary doctrinal approach by Army was explained. It was highlighted that the aim of military operations is to “restore normalcy to a point where democratic institutions of the state can function unimpeded and State Policy and Para-military assisted by Central Policy Forces (CPMFs) can effectively restore law and order.

(d) The operational philosophy of the Army including legal cover and the significance of Armed Forces Special Powers Act (AFSPA) 1958/1990 was also explained. The cardinal operational philosophy of ‘Minimum Use of Force’ was especially highlighted.

(e)  The basic and common apprehension of civil society in respect of the operations undertaken by the Armed Forces, the fallacies and misperceptions regarding AFSPA, excessive use of force etc were addressed in detail.

(f)   The effort put in by the Army in upholding Human Rights and its transparent mechanism in dealing with Human Rights violations was well received by the audience.

(g)   The convergence of Do’s and Don’ts, the COAS’ Ten Commandments and the underlying essence of Common Article 3 to Geneva Conventions was also highlighted.

Session II : Views of Discussants and Audience

The discussants from NHRC and ICRC and the audience participated actively and expressed their viewpoints. The salient aspects are given below:-

(a)  Mr. Vincent Nicod, Head of the Delegation, ICRC, brought out the growing convergence between Human Rights and International Humanitarian Law. The co-relation between Common Article 3 of Geneva Conventions and Ten Commandments of COAS was well appreciated by him. He also appreciated the operational philosophy and humane approach of the Army during conduct of sub-conventional operations. He also quoted the Bhagwad Gita to highlight India’s rich tradition in upholding Dharma.

(b) Mr. Michael Siromony, Chief Coordinator Training, NHRC, elaborated the concept of basic human rights of civil society during sub-conventional operations. He commended the training system of the Army and also its transparent system in dealing with Human Rights grievances of the people.  He also brought out that statistics have shown that only 4 to 5% of the complaints of Human Rights violations have proved to be true till date.

(c)  The audience in general also highlighted the impeccable record of the Army in upholding Human Rights and suggested that the Army should be more pro-active in media interaction and visits as a tool to project the good image of the Army.

Conclusion

 The relevance of maintaining high standards of human rights in sub-conventional operations to win the hearts and minds of the people is the essence of operational philosophy of the Army. The long standing tradition of ‘Use of Minimum Force’ is the cardinal principle which must be consciously followed during conduct of operations. There is a need for commanders brief to the media more effectively to project people friendly approach of the Army in educating civil society in general. Army also needs to interact more effectively with NGOs and Human Rights organisation.

Another issue that merits consideration is that a distinction must be made between institutionalised human rights violations and individual acts of indiscipline, which are punished expeditionly and in an exemplary manner.

(Report compiled by Col KS Sheoran, Senior Research Fellow, CLAWS, and Col Ravi Tuteja, Dy Director, CLAWS.)