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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Memorandum of Settlement on Bodoland Territorial Council
Record 660

Country :

India/Bodoland

Agreement Title/Name:
Memorandum of Settlement on Bodoland Territorial Council
Year :
2003
Date Signed :

10 February 2003

Summary :

Agmt established Bodoland Territorial Council. The jurisdiction of the BTC shall extend over 3082 villages and the BTC has been given legislative powers over 40 subjects. The accord provides for an Executive Council comprising of a maximum of 12 Executive Members, including a Chief and a Deputy Chief, with adequate representation to the non-tribal population. Provides for DDR of Bodo Liberation Tigers


Parties :
Assam government, Union government, Bodo Liberation Tigers
Third Parties :
Statehood/Identity :
Preamble: BTC to fulfil economic, educational and linguistic aspirations and the preservation of land-rights, socio-cultural and ethnic identity of the Bodos. 5. sets out Powers and functions of BTC. Accord guarantees adequate representation to the non-tribal population in new governance structures. 4.4. Provision will be added in para 6 of Sixth Schedule that in BTC area, language and medium of instruction in educational institutions will not be changed without approval of the State Government. 9. Development of Bodo Language 9.1. The Government of India agrees to consider favourably the inclusion of Bodo Language in Devnagri Script in the Eighth Schedule of the Constitution. 9.2. Bodo language shall be the official language of BTC subject to the condition that Assamese and English shall also continue to be used for official purpose.
Governance/Democratic Inst :
agreed to create a self-governing body for the Bodo Areas in the State of Assam . Agmt established Bodoland Territorial Council. The jurisdiction of the BTC shall extend over 3082 villages and agreed to create a self-governing body for the Bodo Areas in the State of Assam agreed to create a self-governing body for the Bodo Areas in the State of Assam agreed to create a self-governing body for the Bodo Areas in the State of Assam the BTC has been given legislative powers over 40 subjects. The accord provides for an Executive Council comprising of a maximum of 12 Executive Members, including a Chief and a Deputy Chief, with adequate representation to the non-tribal population.
Women :
4.2 reserved seats for women in new structures
Amnesty :
12.1.Bodo Liberation Tigers to disarm and demobilize. Withdrawal of cases against such persons and those related to overground Bodo movement since 1987 shall be considered according to the existing policy of the State of Assam. 12.2. The Government of India will initiate steps for review of action against the Bodo employees of Government of India and subordinate officers as well as in respect of Central Government Undertakings. Similar action would be taken by the Government of Assam.
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
4. provisions in such a manner that non-tribals are not disadvantaged in relation to the rights enjoyed by them at the commencement of BTC and their rights and privileges including land rights are fully protected.
Judicial Reform :
Not Applicable
Policing :
5.7. The offices of the Dy. Commissioner and Superintendent of Police will be outside the superintendence and control of BTC. 12.3. Bodo youth will be considered for recruitment in Police, Army and Paramilitary forces to increase their representation in these forces
Refugees/Land :
13. Special Rehabilitation Programme for the people affected by ethnic disturbances: The Special Rehabilitation Programme (SRP) for the people affected by ethnic disturbances in Assam, who are at present living at relief camps in Kokrajhar, Bongaigaon etc. shall be completed by the Government of Assam with active support of BTC. Necessary funds for their rehabilitation shall be provided by the Government of India and lands which are free from all encumbrances required for such rehabilitation shall be made available by the BTC. 4.3. Safeguards for the settlement rights, transfer and inheritance of property etc. of non-tribals will be suitably incorporated in para 3 of the Sixth Schedule. Any such law as may be made by the BTC in this regard will not, in particular: (a) Extinguish the rights and privileges enjoyed by an citizen of India in respect of their land at the commencement of BTC, and (b) Bar any citizen from acquiring land either by way of inheritance, allotment, settlement or by way of transfer if such citizens were eligible for such bonafide acquisition of land within the BTC area.
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
5.8. The State Government would provide an amount, to be decided every year on population ratio basis, as grants-in-aid in two equal instalments to the BTC for executing development works.
Enforcement Mechanism :
16. The Implementation of the provision of the Memorandum of Settlement shall be periodically reviewed by a Committee comprising representatives of Government of India, Government of Assam and BTC.
International Community :
UN Involvement :
Source :
www.satp.org


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