India’s Changing Policy on Free Movement Regime (FMR) with Myanmar Continues to be an Issue of Conflict in Manipur

In less than a year, India’s Ministry of Home Affairs (MHA) has changed abruptly its policy two times on the Free Movement Regime (FMR) with Myanmar.

Despite the Union Home Minister Amit Shah’s announcement of scrapping the FMR with Myanmar on February 8, 2024 to ensure the internal security of the country and to maintain the demographic structure of India’s Northeast, the MHA has brought in new protocol to regulate cross border movement of people living within 10 kilometres on either side of the almost unfenced 1643 kilometre long Indo-Myanmar border.

Scrapping of FMR

Earlier, while addressing a press conference on February 8, 2024 at his residential office along with some of his cabinet colleagues and ruling party MLAs, the Chief Minister of Manipur Nongthombam Biren appreciated the Central Government for scrapping the FMR and maintained that the Bharatiya Janata Party (BJP) government, since its formation in 2017, had been working in different ways to check the demographic imbalance in population growth, drugs trafficking and other concerns like border fencing and uncheck FMR among others.

Since September 2023, the Manipur Government led by Chief Minister Nongthombam Biren had been asking the Central Government to remove the FMR.  Biren’s government contends that militants from Myanmar, illegal immigrants from Myanmar, and arms and drug smugglers have been exploiting the FMR, and crossing over to Manipur to create trouble including the ongoing violent conflict between the Kuki-Zomi militants and Meiteis since May 3 last year, 2023.

On the announcement of scrapping the FMR by the Union Home Minister Amit Shah on February 8 this year, a number of civil society organisations including the Coordinating Committee on Manipur Integrity (COCOMI), a conglomeration of Manipur’s civil society organisation, welcomed the decision to scrap the FMR.

The Arambai Tenggol (AT) also hailed the announcement of Union Home Minister Amit Shah to scrap the Free Movement Regime (FMR) and construct fence along the 1643-kilometre long Indo-Myanmar border.

Besides Manipur, the Chief Minister of Arunachal Pradesh, another Northeast State bordering Myanmar, Pema Khandu said that the step will check the movement of inimical elements from across the border. Even though Assam is not bordering with Myanmar, Chief Minister Himanta Biswa Sarma also appreciated the decision.

Against Scrapping of FMR

However, there are also many stake holders who oppose the move of the Government of India to scrap the FMR.  Mizoram Chief Minister Lalduhoma and many Mizo organizations have opposed both the fencing and the scrapping of FMR. Lalduhoma had said in Aizawl that his government does not have the authority to stop the Centre from erecting border fencing along the Indo-Myanmar border and scrapping the FMR between the two countries, but it would oppose both the moves.

Kuki-Zomi organisations, namely, Zomi Council Steering Committee (ZCSC), United Zou Organisation (UZO) and Kuki Inpi Manipur (KIM) have expressed discontentment over the Central Government’s decision to scrap the FMR along the Indo-Myanmar border. The Kuki-Zomi bodies said that scrapping the FMR is unfortunate and painful, as this would be breaking up the ties with their brethren, living on the other side of the border (Myanmar).

Moreover, Nagaland Chief Minister Neiphiu Rio opposes the decision of the Centre and the Nagaland government led by the Nationalist Democratic Progressive Party (NDPP), an ally of the BJP on March 2, 2024 in the State Legislative Assembly had unanimously passed a resolution by voice vote, against scrapping of FMR and border fencing.

The All Naga Students’ Association, Manipur (ANSAM) also on Thursday, February 8 urged reversing the decision made by the Central Government to revoke the FMR, and appealed to reinstate the same in Naga areas along Indo-Myanmar border.

Besides the Naga Students’ Federation (NSF), the Isak-Muivah faction of National Socialist Council of Nagaland – NSCN (IM) and the Eastern Naga People’s Organisation (ENPO) have also opposed both the fencing and the scrapping of FMR.

The United Naga Council (UNC) and Tangkhul Naga Long separately also have also expressed their opposition to the decision of the Central Government to suspend the FMR and construction of border fencing along Indo-Myanmar border.

Creating Confusions

The introduction of new guidelines for cross border movement of the people indicates that the FMR has not been done away as perceived, believed and propagated by the Chief Minister of Manipur Nongthombam Biren and his cabinet colleagues and the BJP leaders in the state and many civil society organisations.

It may be mentioned that an order of Manipur Government issued on February 16, 2024 regarding the temporary suspension of the FMR along the Manipur-Myanmar border said, “MHA, Government of India (GOI) has recommended for scrapping the FMR to MEA (Ministry of External Affairs), GOI and a formal order in this regard is awaited.”

Reports quoting a senior government official said that the notification ending the FMR, which involves a bilateral agreement with Myanmar, is yet to be notified by the Ministry of External Affairs (MEA).

On the ground, the FMR along Manipur-Myanmar border has been under suspension since March 10, 2020 after the broke out of COVID-19 and followed by the military coup in Myanmar on February 1, 2021. Since then, the suspension of FMR in Manipur sector has not been lifted yet.

Historical Context of FMR

The FMR between India and Myanmar, which allows travelling up to 16km either side of the international border, came into force in January 2018 as part of the Narendra Modi Government’s Act East policy.

The FMR also envisaged the promotion of localised border trade through customs stations and designated markets apart from helping the people of Myanmar access better education and healthcare facilities on the Indian side of the border.

The FMR enables entry of Myanmar nationals and Indian nationals to either side of the border without visa and passport. It began as a system to allow people who share familial, social and ethnic ties on both sides of the border to keep in touch with their people.

After India became a republic, the FMR allows Indian and Burmese nationals to enter either side of the border without passport or visa up to 40km. Burmese nationals can stay for 72 hours in India, while Indian citizens can stay for only 24 hours in Myanmar, the then Burma.

In 1960s, the rise of insurgency in Manipur, Mizoram (the then Lushai Hills district of Assam), and Nagaland (the then Naga Hills of Assam and part of Arunachal Pradesh, the then North-East Frontier Agency -NEFA) had caused concerns on Free Movement Regime (FMR) in India.

Therefore, in 1968, India tightened the FMR with the introduction of a new permit system. The permit is to be issued by either side for their citizens for the temporary entry.

Again, in 2004, India limited the FMR distance to 16km from 40km. In addition, instead of allowing people to cross from multiple points along the Indo-Myanmar Border, only three places were allowed to be used as gateways – Pangsau in Arunachal Pradesh, Moreh in Manipur and Zokhawthar in Mizoram.

The MHA, in its 2011-12 annual report, observed that the FMR makes the Indo-Myanmar international border extremely porous, and the hilly and inhospitable terrain provides cover to the activities of various Indian Insurgent Groups (IIGs). This prompted the Government of India to revise the FMR.

Consequently, with the BJP-led National Democratic Alliance (NDA) under the leadership Narendra Modi came to power in 2014, the provisions of FMR between India and Myanmar were last revised in 2016. But the Rohingya refugee crisis that began in August 2017 caused the delay in enforcing the revised provisions.

Subsequently, India and Myanmar signed Agreement on Land Border Crossing and the Union Cabinet chaired by the Prime Minister Narendra Modi on January 3, 2018 had approved the Agreement between India and Myanmar on Land Border Crossing.

In a surprising turn of events, on December 16, 2024, the MHA introduced new regulations without mentioning FMR per se allowing Myanmar residents within a 10 km radius of the border to enter Manipur with a Border Pass. This new policy seems to strike a balance between restricting unchecked movement and offering some level of access for local residents across the border.

New System of FMR

The MHA on December 17, 2024 informed the Manipur Government about a new system to allow Myanmar residents who live within 10km of the border into Manipur, but after getting a “border pass” from the Assam Rifles who are responsible for border guarding and the protocol will also be applicable for residents in Manipur’s border areas who wish to visit Myanmar villages or towns within 10 kilometres.

The Assam Rifles is the primary border guarding force along the 1,643-km-long border with Myanmar along the States of Arunachal Pradesh (520 km), Nagaland (215 km), Manipur (398 km) and Mizoram (510 km).

The new system, according to the letter, was discussed during a meeting of border management held by the MHA on December 16, a report said.

The MHA’s Deputy Secretary wrote to the Manipur Chief Secretary on December 17 about the new system, under which movement of border residents from Myanmar and India, but within 10km, would be allowed for “specific reasons such as visiting relatives, tourism, business, medical treatment and cultural exchange programmes would be allowed after following certain measures”.

The MHA letter, titled “Deployment of police personnel and health officials at pilot sites of entry/exit points along Indo-Myanmar border”, directed the Chief Secretary of Manipur to “appoint at least two police and two health officials at each of the identified entry/exit points of the Assam Rifles company operating bases where the people would be allowed to enter”.

The MHA letter said that the border pass would be issued by the authorised representative of Assam Rifles based on documents, including proof of identity certificate and passport.

“Proof of Identity Certificate issued by Staff House Officer (SHO) of the local police station (equivalent rank in Myanmar Police)/ local village chief/village authority, stating that the individual belongs to the village falling in the “Border Area” (within 10 km on either side of the IMB). The POI certificate will be valid for one year only from the date of issuance. Also in the passport of individuals, provided that the address on the passport mentions the name of the village, which falls under the “Border Area” (within 10 km on either side of the IMB),” the letter said.

The border pass will be issued only to one adult (a person aged 18 years or above). Persons below the age of 18 years are to be; accompanied by their parent(s).

“No border pass will be issued for persons residing in villages beyond the border area on either side of the Indo-Myanmar Border. Border passes will not be issued to any third-country national arriving at the designated crossing points. Timings at the crossing points will be six days a week from Monday to Saturday from 6 am to 3.30 pm,” the letter said.

For entry into India from Myanmar, individuals will have to report at the designated border crossing points and fill a form. The Assam Rifles will conduct the document inspection followed by a security and health check by the State police and health department officials, respectively. The Assam Rifles will upload all the forms on the Indo-Myanmar Border portal, record biometrics and issue a border pass with a photograph of the applicant and a QR code. The pass will have to be deposited on return at the same crossing point before completion of seven days.

The same process will be followed for Indians who want to visit Myanmar.

Crossing points like Integrated Check Post (ICP), Moreh through Gate No 1 and Gate No 2, Moreh in Tengnoupal district of Manipur among others will be operational as pilot sites.

“Eight pilot entry/exit points will be made functional immediately on stabilisation of the software and deployment of the State Police and State Health representatives. Activation of 14 entry/exit points under Phase I will start the procurement and installation of biometric machines and deployment of the State Police and State Health representatives. Activation of 21 entry/exit points under Phase-II will be operational with the establishment of requisite infrastructure, procurement/installation of biometric machines and deployment of the State Police and State Health representatives,” the letter stated.

Change in FMR and Conflict of Interests

Significantly, reports quoting government official said that pressure from political circles and civil society groups was one of the reasons for finalising the “Instructions for regulation of cross-border movement of people of border area across the Indo-Myanmar Border (IMB)” from 43 designated entry and exit points, instead of entirely scrapping the regime.

Notably, before the new regulations of cross border movement are made official, the United Zou Organisation (UZO) staged a demonstration in Manipur’s Churachandpur district on December 3 to protest the Central Government’s decision to scrap FMR.

The demonstration was attended by Saikot MLA Paolienlal Haokip, Henglep MLA Letzamang Haokip and Singngat MLA Chinlunthang Zou, besides leaders of various Kuki-Zomi tribes. Leaders of the Kuki Zo Council, Zomi Council, Kuki Inpi Manipur and Hmar Inpui addressed the gathering, reports said.

Earlier, the Tangkhul Frontal Organizations (TFOs) have strongly opposed the Indo-Myanmar border fencing project in Manipur’s Ukhrul and Kamjong districts, and scrapping of FMR.

Representatives from Tangkhul Naga Long (TNL), Tangkhul Naga Awunga Long (TNAL), Tangkhul Katamnao Saklong (TKS), Tangkhul Shanao Long (TSL), and Tangkhul Mayar Ngala Long (TMNL), along with border village headmen, held a symbolic protest on  November 7 at the Mini Secretariat Complex, Ukhrul against border fencing and scrapping of FMR.

Meanwhile, condemning the new protocol allowing cross-border movement of people residing along the Indo-Myanmar Border, the COCOMI has demanded its withdrawal without delay.

A press release issued on December 26 by Yumkhaibam Surjitkumar Khuman, media coordinator, COCOMI reminded that the Government had suspended the FMR as per the recommendation of the Centre to control the influx of illegal immigrants from Myanmar in the backdrop of the ongoing conflict.  Additionally, border fencing  was also initiated for the same reason.

Stating that the people of Manipur will never accept this move, COCOMI urged the Central Government to rescind their decision.

Policy Implications

The new policy allowing Myanmar residents within 10 km of the international border to enter Manipur with a Border Pass indicates an acknowledgment that despite the security concerns, the FMR was also an important conduit for economic interaction and cultural connection.

This sudden policy change raises several questions. First, it reflects an understanding that the socio-economic fabric of the regions along the border is interwoven with cross-border relations. For local communities, the ability to engage in trade and social interactions directly impacts their livelihoods. Additionally, the decision can be seen as an attempt to alleviate the humanitarian crisis resulting from the violence in Myanmar, allowing some degree of mobility for those in desperate situations.

This dual approach—to enhance security while also recognizing the importance of people-to-people connections—could be indicative of a broader, more nuanced foreign policy. However, it also carries risks – the potential re-ignition of tensions between communities in Manipur, particularly if the inflow of Kuki-Chin individuals from Myanmar illegally taking advantage of the 43 entry/exit points is not carefully monitored.

The new border pass system is indicative of a shift in approach aimed at maintaining sovereignty while recognizing the realities of border communities. While this regulation puts a limit on who can cross, it acknowledges the need for controlled access that can still cater to health facilities, cultural and economic ties.

By permitting regulated movement, this policy may provide an opportunity to revitalize local economies affected since March 2020 followed by the previous scrapping of FMR. This controlled access allows for legitimate trade and the exchange of goods, potentially benefiting local vendors and the broader regional economy.

The FMR has also been a double-edged sword. While it promotes goodwill and connectivity, it also poses challenges concerning security and threat to the demographic structure and integrity of Manipur. The Northeast has long been a theatre of violent conflicts, with various groups vying for independence, autonomy, recognition, and resources etc. This underlying tension has led to violence, particularly exacerbated by external factors such as the Myanmar crisis coupled with invincible forces.

There is apprehension on the parts of the indigenous peoples of Manipur particularly led by COCOMI and UNC fearing more rooms for illegal immigrants to sneak into Manipur and cause demographic imbalance and reinforce the cycles of violence threatening the indigenous peoples and integrity unity of Manipur.

Implications for Regional Stability and Geopolitical Dynamics

The Kuki-Zomi militants, whose ethnic roots run deep into Myanmar, have been significantly influenced by the turmoil in their home country. Ethnic affiliations, combined with cross-border loyalties, have fuelled the continued violent conflict in Manipur. The Indian Government faces the challenge of navigating these complex ethnic ties while ensuring stability in the region.

The ongoing political turbulence in Myanmar following the military coup in February 2021 has had profound implications for border management policies. The military’s violent repression of protests has led to a humanitarian crisis, forcing thousands of Myanmar nationals to seek refuge in India particularly Mizoram and Manipur. While the FMR was initially intended to ease cross-border movement, it has simultaneously raised security concerns for India and threats to Manipur as the FMR is regulated properly.

India’s foreign policy towards Myanmar has always been influenced by a delicate balance between national security interests and regional stability. In light of the military’s crackdown and the corresponding influx of refugees, the Indian government faces the challenge of managing these humanitarian needs while safeguarding its own national security. The scrapping of the FMR is viewed as an indication of India’s broader strategy to exert tighter control over its borders amidst rising unrest and instability in Myanmar.

The changes in India’s FMR policy have significant implications for regional stability. The new introduction of the border pass could strengthen trade links and foster goodwill between communities. However, there is a thin line between fostering economic interdependence and unwittingly enabling the movement of insurgents.

Recent developments stemming from violence, illegal immigration issues, poppy plantations and drug smuggling and the prevailing geopolitical turmoil in Myanmar might have prompted the Indian Government to reassess its stance on the FMR.

Moreover, it also raises questions about legislative frameworks and how Indian authorities will manage monitoring and control mechanisms to prevent the violent conflict. There’s a need for local governance systems to adapt to these changes, ensuring that the benefits of the FMR do not come at the cost of the indigenous people of Manipur and its territorial integrity and unity for coexistence.

However, given the emerging context, India’s changing policy on the Free Movement Regime with Myanmar continues to be an issue of conflict of interests in Manipur.