My perspectives on Free Movement Regime

Shahmin A Phom
A concerned citizen

India and Myanmar share a 1,643-kilometer border that passes across four of India's northeastern states: Manipur, Mizoram, Nagaland, and Arunachal Pradesh. Of that distance, 215 km are in Nagaland. The Treaty of Yandaboo, which was signed in 1826 by the British and the Burmese, established the present-day border between India and Burma, that was subsequently called Myanmar Post India independence. These demarcations of border split people of the same race and culture, namely the Kuki-Chin-Mizo populations of Manipur and Mizoram and the Nagas of Nagaland, Manipur and Myanmar. In certain places, the boundary divides a town or a home between the two nations such as Longwa, which is located between the borders, is the best example of border separation.

The Free Movement Regime 
The FMR is a diplomatic agreement between India and Myanmar initiated in 1970 and over a year after it had been delayed, it was finally implemented in 2018 as part of the PM Narendra Modi government's Act East Policy. Under the FMR, individuals living in the border regions of both nations are permitted to enter each other's country up to 16 km without a visa and remain there for a brief amount of time to facilitate local border trade, improve access to education and healthcare for border residents, and strengthen diplomatic ties.

Reason for Scrapping FMR
In February 2024, the Ministry of Home Affairs (MHA) made the decision to end the Free Movement Regime (FMR) between India and Myanmar in order to preserve the demographic makeup of India's northeastern states that border Myanmar and to protect the nation's internal security. In addition, the government is worried about the unfenced border that passes over hills and woods. For many years, members of extremist groups have been conducting hit-and-run operations from their covert bases in Myanmar's Chin, challenging the security forces. Even prior to the FMR, the ease of cross-border travel was frequently linked to the inward trafficking of firearms, ammunition, and drugs. Insurgent organizations operating in northeastern India have abused the FMR, which makes it simple for them to cross the border and avoid capture. The violence between the tribal Kuki-Zo and the majority Meitei populations in Manipur on May 3, 2023, served as the impetus for the revision of the FMR.

States opposing the end of FMR 
Mizoram and Nagaland, on the other hand, are opposed to the dual move on the Myanmar front because the people on both sides of the International Border in those states belong to the same ethnic groups. Lalduhoma, the chief minister of Mizoram, stated that although he was against the idea, his government lacked the power to prevent the Centre from fencing the India-Myanmar border due to a deemed security danger and abandoning the FMR. According to the state government resolution proposed by Deputy Chief Minister Yanthungo Patton, the Naga people reside on both sides of the international boundary, and their long-standing historical, social, tribal, and economic relations would be severely disrupted if FMR were to be abandoned and the border were to be fenced. The traditional land-holding system straddles the international border in many places, and people must cross the border every day for their regular agricultural activities, so these measures will cause great hardship, inconvenience, and agony to those who live in and around the border areas. 

Recently, the NDPP has called on the Indian government to reevaluate its decision to end the Free Movement Regime (FMR) and to immediately stop building border fences along the Indo-Myanmar border. Since the beginning of time, Nagas have lived and travelled freely within the recognized traditional borders, which cross both India and Myanmar, without any limitations or interference. Civil disturbance and a decline in law and order could result from the dismantling of the FMR and the construction of border fences, which could negatively impact our state's precarious position and obstruct ongoing Indo-Naga political negotiations. As a result, the NDPP is adamant that the Indian government permit the FMR to proceed and stop border construction. Given the rising security and economic concerns, the free movement rule along India's border with Myanmar could possibly be reconsidered. The two nations might preserve the advantages of the free movement system while simultaneously resolving the issues if a regulated trade and movement regime were implemented.

Finding alternative solutions 
Firstly establish a committee with representatives from the states of Nagaland, Arunachal, Manipur, Mizoram, and the Indian government, among other interested parties. Compile information about the economic, social, and security effects of the existing regime. Get opinions from all parties involved, such as residents, businesspeople (traders), security guards and above all—the general public. 

Secondly we can examine the information and comments to pinpoint the main issues, challenges, and concerns. Based on the identified issues, develop alternative models for the regime, including revised regulations, improved security measures, and enhanced trade facilitation. Continue to assess the effects of the updated regime and make necessary modifications. Throughout the process, maintain flexibility and adaptability and make any necessary adjustments. 

Thirdly to securing the border, we should also consider implementing a controlled trade and movement regime during this process. To monitor and control the flow of people and products, this may entail implementing border controls, such as checkpoints and surveillance systems. The state of Nagaland and Mizoram must show that it can guard the international border and stop illicit operations like insurgency and smuggling. Enhancing monitoring technology and fortifying the Border Guarding Forces are two ways to accomplish this. 

Fourthly, diplomatic engagement could leverage India along with neighbouring states can engage with civil society in Myanmar, supporting their efforts to promote democracy, human rights, and the rule of law as the country has been experiencing a humanitarian crisis since the military coup. This can be a part of “Act East policy” vis a vis the objectives of fulfilling “Neighbourhood First”. 

By taking these steps, Nagaland and Mizoram states can demonstrate its commitment to securing the border, promoting economic development, and fostering cooperation with Myanmar, which may persuade the Indian government to reconsider the request for a free movement regime. 

The free movement policy along the India-Myanmar border is ultimately a complicated matter that calls for thorough deliberation and collaboration between the two nations. Together, India and Myanmar can create a government that addresses the difficulties and adverse effects while fostering understanding and mutual gain.