Memorandum of Settlement (Bodo Accord)

  • 24%
  • Implementation Score 
    after 10 years
Provisions in this Accord
Boundary Demarcation

3. (a) Name: Bodoland Autonomous Council (BAC)

Implementation History
1993

Minimum Implementation

The February 1993 accord did not delineate the boundary decided on by the Bodoland Autonomous Council. The accord provided that Assam’s land records authority would scrutinize the list of villages, furnished by ABSU/BPAC, where there would be 50% or more of a tribal population. In order to provide for a contiguous area, the accord also contained a provision included villages that had less then 50% population. The Bodoland Autonomous Council Act received the presidential assent on 13 May 1993 and was published on 15 May 1993 in the Assam Gazette (Extra ordinary No. 60). The BAC was established on 17 December 1993 when the government finalized its boundary. Nevertheless, the boundary demarcation did not meet the accord’s provision regarding contiguous areas. The government failed to include 515 "contentious villages" in the BAC domain. This suggests a unilateral demarcation of BAC border.1 ABSU and BPAC, both parties to the Memorandum of Settlement, rejected the territorial domain of BAC, which resulted in large scale violence. 

  • 1. Sudhir Jacob George, “The Bodo Movement in Assam: Unrest to Accord,” Asian Survey 34, no. 10 (1994): 890; Manoj Kumar Nath, “Bodo Insurgency in Assam: New Accord and New Problems,” Strategic Analysis 27, no. 4 (2003): 533-545.
1994

Minimum Implementation

No developments observed this year.

1995

Minimum Implementation

No developments observed this year.

1996

Minimum Implementation

When the BAC domain was rejected widespread agitation and violence ensued. It was during this time that BSF started to engage in violent conflict and other violent groups began to emerge. These groups included the Bodo Liberation Tigers (BLT), which formed in June 1996.2 The ABSU leaders submitted a memorandum to the Union Welfare Minister and the Union Minister of State demanding the immediate and final demarcation of the BAC boundary on 2 November 1995 and 5 November 1995 respectively. When the government tried to hold elections without the final BAC demarcation, the ABSU organized mass demonstrations and agitations opposing the non-implementation of the accord.3 The 1993 accord was not implemented. The accord failed to resolve the conflict and there was resurgence in violence.

  • 2. Nath, “Bodo Insurgency in Assam: New Accord and New Problems.”; "Bodo Liberation Tigers (BLT) - Former Terrorist Group of Assam,"  South Asia Terrorism Portalhttp://www.satp.org.
  • 3. Yamao Zwhwlao Brahma et al., Bodoland Movement 1986-2001: A Dream and Reality. (Ann Arbor: University of Michigan, 2001).
1997

Minimum Implementation

No developments observed this year.

1998

Minimum Implementation

No developments observed this year.

1999

Minimum Implementation

No developments observed this year.

2000

Minimum Implementation

No developments observed this year.

2001

Minimum Implementation

No developments observed this year.

2002

Minimum Implementation

No developments observed this year.

2003

Minimum Implementation

Over the next few years, the BLT became the de facto guardian organization of the Bodo movement. On 10 February 2003, a new Bodo Accord for the creation of the Bodololand Territorial Council was signed by the BLT, the central government, and the Assam government.4 The new accord created four new districts. The BTC compromised by apparently relinquishing 3,082 villages where the Bodos were in majority.5 However, the 2003 accord was different. 

  • 4. Nath, “Bodo Insurgency in Assam: New Accord and New Problems.”
  • 5. Ibid.
Decentralization/Federalism

2. Objective

The objective of this scheme is to provide maximum autonomy within the framework of the Constitution to the Bodos for social, economic, educational, ethnic and cultural advancement.

3. (a) Name: Bodoland Autonomous Council (BAC)

Implementation History
1993

Minimum Implementation

The Bodoland Autonomous Council Act was finalized when it received the presidential assent on 13 May 1993. It was then published on 15 May 1993 in the Assam Gazette (Extra ordinary No. 60). The Act included a provision reserving the BAC General Council 40 elected members. This included 30 seats reserved for the Scheduled Tribes. The Act also ensured the BAC executive power over a total of 38 subjects that ranged from cottage industry, education, forest to land, and land revenue. Following the 20 May 1993, an interim Bodoland Executive Council (BEC) was formed under the leadership of Sansuma Khunggur Bwiswmuthiary, the ABSU president. Four months later the BEC Chief Bwiswmuthiary resigned alleging the reason for his resignation was the non-fulfillment of the Bodo Accord’s provisions. The Assam government then installed Premsing Brahman (deputy chief) as the chair of the BEC. The state handed over authority to the executive council on 10 June 1993.1

The BAC interim Executive Council, however, was not able to exercise the executive authority the Bodoland Act had provided it because of the limited financial power and the overwhelming dominance of the state government.2 In fact, the election for the BAC that had been scheduled for 20 November 1993, never transpired.3

The BEC became ineffective as the ABSU and other groups started utilizing armed insurrections to demand greater autonomy. The autonomy provisions in the 1993 accords were never fully implemented.

  • 1. Sudhir Jacob George, “The Bodo Movement in Assam: Unrest to Accord,” Asian Survey 34, no. 10 (1994): 878-892.
  • 2. Manoj Kumar Nath, “Bodo Insurgency in Assam: New Accord and New Problems,” Strategic Analysis 27, no. 4 (2003): 533-545.
  • 3. Sudhir Jacob George, “The Bodo Movement in Assam: Unrest to Accord.”
1994

Minimum Implementation

No further developments observed.

1995

Minimum Implementation

No further developments observed.

1996

Minimum Implementation

No further developments observed.

1997

Minimum Implementation

No further developments observed.

1998

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

Minimum Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Civil Administration Reform

16. Civil and Police Services

(iii) The Central Government, while making recruitments from the State of Assam to the Army, para military forces and police units, will hold special recruitment drives within the BAC area.

18. Relief and Rehabilitation

Implementation History
1993

No Implementation

The provision dictating the steps for reviewing the actions against Bodo employees of the Government of India and the Assam government was never enforced. Similarly, the provision of the accord requiring recruits from the BAC into civil service was never implemented. The accord faltered when the Bodos initiated another round of armed insurrections in 1994. 

1994

No Implementation

No further developments observed.

1995

No Implementation

No further developments observed.

1996

No Implementation

No further developments observed.

1997

No Implementation

No further developments observed.

1998

No Implementation

No further developments observed.

1999

No Implementation

No further developments observed.

2000

No Implementation

No further developments observed.

2001

No Implementation

No further developments observed.

2002

No Implementation

No further developments observed.

Judiciary Reform

9. Special Courts

Action will be taken in consultation with the Guwahati High Court to set up within BAC area Special Courts as specified below to try suits and cases between parties all of whom belong to Scheduled Tribe or Tribes in accordance with the tribal customary law and procedure, if any.

(a) Village Courts

Implementation History
1993

No Implementation

Both the Bodo Accord of February and the BAC Act of May 1993 (extra ordinary No. 60) had provisions establishing a Special Court in the BAC Area. Because the final demarcation of the BAC never occurred and the Bodoland Executive Council (BEC) was nearly defunct, the provisions regarding the Special Court were never implemented. 

1994

No Implementation

No further developments observed.

1995

No Implementation

No further developments observed.

1996

No Implementation

No further developments observed.

1997

No Implementation

No further developments observed.

1998

No Implementation

No further developments observed.

1999

No Implementation

No further developments observed.

2000

No Implementation

No further developments observed.

2001

No Implementation

No further developments observed.

2002

No Implementation

No further developments observed.

Military Reform

16. Civil and Police Services

(iii) The Central Government, while making recruitments from the State of Assam to the Army, para military forces and police units, will hold special recruitment drives within the BAC area.

Implementation History
1993

No Implementation

There are two reasons why the provision regarding recruitment drives in the Army within the BAC area was not implemented. First, against the demands of the ABSU and BPAC, the BAC area was never demarcated.1 Second, the ABSU and other Bodo groups engaged in agitations and armed conflict, rendering the BAC dysfunctional.2   

  • 1. Yamao Zwhwlao Brahma et al., Bodoland Movement 1986-2001: A Dream and Reality, (Ann Arbor: University of Michigan, 2001).
  • 2. Manoj Kumar Nath, “Bodo Insurgency in Assam: New Accord and New Problems,” Strategic Analysis 27, no. 4 (2003): 533-545.
1994

No Implementation

No further developments observed.

1995

No Implementation

No further developments observed.

1996

No Implementation

No further developments observed.

1997

No Implementation

No further developments observed.

1998

No Implementation

No further developments observed.

1999

No Implementation

No further developments observed.

2000

No Implementation

No further developments observed.

2001

No Implementation

No further developments observed.

2002

No Implementation

No further developments observed.

Police Reform

16. Civil and Police Services

(i) The Government of Assam may from time to time post officers of the rank of Class II and above to posts within the BAC in accordance with the exigencies. While making these postings due regard will be given to, views of BAC about officers being so posted.

Implementation History
1993

No Implementation

The provision of the accord regarding recruitment from the BAC into the paramilitary and Assam state police was never implemented. After the BAC area was not demarcated and Bodo Executive Council proved ineffective, the Bodo groups engaged in agitations and armed violence.   

1994

No Implementation

No further developments observed.

1995

No Implementation

No further developments observed.

1996

No Implementation

No further developments observed.

1997

No Implementation

No further developments observed.

1998

No Implementation

No further developments observed.

1999

No Implementation

No further developments observed.

2000

No Implementation

No further developments observed.

2001

No Implementation

No further developments observed.

2002

No Implementation

No further developments observed.

Demobilization

18. Relief and Rehabilitation

Implementation History
1993

Minimum Implementation

The Bodo Accord called for the surrender of armed Bodo troops and thier return to civil life within a month. According to this provision of the accord, 10 Bodo militant members under the leadership of Premsing Brahma surrendered before the Union Minister of State for Home on 7 March 1993.1

As of May 1993, an estimated 1,700 Bodo militants had given up their arms.2 Further information on the demobilization of Bodo militants is not available.

When the government tried to draw the boundary of the BAC unilaterally, it became apparent the BEC was ineffective in carryout out its executive duties. At this time, the ABSU began to engage in demonstrations and demanded a final demarcation of the BAC be accomplished. During this time other Bodo groups returned to armed conflict.3

  • 1. Yamao Zwhwlao Brahma, Bodoland Movement 1986-2001: A Dream and Reality (Ann Arbor: University of Michigan, 2001).
  • 2. "108 bodo militants give in in Northeast India," Xinhua General News Service, May 10, 1993.
  • 3. Manoj Kumar Nath, “Bodo Insurgency in Assam: New Accord and New Problems,” Strategic Analysis 27, no. 4 (2003): 533-545; Sudhir Jacob George, “The Bodo Movement in Assam: Unrest to Accord,” Asian Survey 34, no. 10 (1994): 878-892.
1994

Minimum Implementation

No further developments observed.

1995

Minimum Implementation

No further developments observed.

1996

Minimum Implementation

No further developments observed.

1997

Minimum Implementation

No further developments observed.

1998

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

Minimum Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Disarmament

18. Relief and Rehabilitation

Implementation History
1993

Minimum Implementation

The process of disarming the Bodo militants started less than a month after the accord was signed on 20 February 1993. A symbolic surrender of arms took place on 7 March 1993. In this surrender, 10 members of the Bodo militants under the leadership of Premsing Brahma gave up their arms in front of the Union Minister of State for Home. By early May 1993, an estimated 1,700 Bodo militants had surrendered their arms, ammunition, and other explosives.1 However, the number of Bodo militants fighting in the conflict is not clear. Also, the amount of arms and ammunition surrendered by the Bodo militants is not clear.

Since the ABSU mostly utilized demonstration activities to indicate its dissatisfaction with the demarcation progress, it can be said this provision of the accord was implemented. Nevertheless, when it became clear the provision of the accord had not been implemented, other Bodo groups began to engage in armed conflict.2  

  • 1. "108 bodo militants give in in northeast India," Xinhua General News Service, May 10, 1993.
  • 2. Manoj Kumar Nath, “Bodo Insurgency in Assam: New Accord and New Problems,” Strategic Analysis 27, no. 4 (2003): 533-545.
1994

Minimum Implementation

No further developments observed.

1995

Minimum Implementation

No further developments observed.

1996

Minimum Implementation

No further developments observed.

1997

Minimum Implementation

No further developments observed.

1998

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

Minimum Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Reintegration

18. Relief and Rehabilitation

Implementation History
1993

Intermediate Implementation

The Bodo Accord promised to provide suitable rehabilitation of Bodo militants. It was reported the Government of Assam implemented a scheme called "100% Special Margin Money Scheme" for the rehabilitation of misguided youths from 1 June 1992 to 31 March 1997. Under the scheme, it was said 1,404 Bodo and 3,439 ULFA surrenderees received Indian Rupee Rs. 99.30 crores (993 Million Indian Rupees) for the rehabilitation.1

  • 1. Ajai Sahni and Bibhu Prasad Routray, "SULFA: Terror By Another Name," Frontline (9), www.satp.org.
1994

Intermediate Implementation

No developments observed this year.

1995

Intermediate Implementation

No developments observed this year.

1996

Intermediate Implementation

No developments observed this year.

1997

Intermediate Implementation

By March 1997, only 1,404 Bodo militants seem to be rehabilitated after the 1993 accord.2

1998

Intermediate Implementation

No developments observed this year.

1999

Intermediate Implementation

Along with lump sum financial packages, the government also created self employment avenues in farming, fishery, poultry farming, broiler farming, dairy farming, mini tea gardening etc.3 

2000

No further developments observed.

2001

Intermediate Implementation

No further developments observed.

2002

Intermediate Implementation

No further developments observed.

Amnesty

18. Relief and Rehabilitation

(ii) The Government of Assam will consider symphathetically the withdrawal of all cases against persons connected with the Bodoland Movement excluding those relating to heinous crimes.

Implementation History
1993

Minimum Implementation

The Bodo militants who surrendered themselves after the 1993 accord, as well as the leaders affiliated with the Bodo movement were not prosecuted for their involvement in violent conflict.

1994

Minimum Implementation

No further developments observed.

1995

Minimum Implementation

No further developments observed.

1996

Minimum Implementation

No further developments observed.

1997

Minimum Implementation

No further developments observed.

1998

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

Minimum Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Indigenous Minority Rights

13. Revision of List of Scheduled Castes and Scheduled Tribes

The scheduling and de-scheduling of Scheduled Castes and Scheduled Tribes residing within the Bodo areas will be done as per the Commission appointed by the Government of India under the Constitution.

Implementation History
1993

No Implementation

The Bodoland Autonomous Council area was never demarcated or created and the Bodo Executive Council was never fully functional. No developments were found regarding changes to the preferential policies for the scheduled castes and tribes.   

1994

No Implementation

No further developments observed.

1995

No Implementation

No further developments observed.

1996

No Implementation

No further developments observed.

1997

No Implementation

No further developments observed.

1998

No Implementation

No further developments observed.

1999

No Implementation

No further developments observed.

2000

No Implementation

No further developments observed.

2001

No Implementation

No further developments observed.

2002

No Implementation

No further developments observed.

Education Reform

2. Objective

The objective of this scheme is to provide maximum autonomy within the framework of the Constitution to the Bodos for social, economic, educational, ethnic and cultural advancement.

List of subjects and Departments over which BAC will have control within the BAC area

7. Education.

Implementation History
1993

No Implementation

Because the Bodoland Autonomous Council area was never finally demarcated and the Bodo Executive Council was never fully functional, the provisions related to education were not implemented. 

1994

No Implementation

No further developments observed.

1995

No Implementation

No further developments observed.

1996

No Implementation

No further developments observed.

1997

No Implementation

No further developments observed.

1998

No Implementation

No further developments observed.

1999

No Implementation

No further developments observed.

2000

No Implementation

No further developments observed.

2001

No Implementation

No further developments observed.

2002

No Implementation

No further developments observed.

Official Language and Symbol

11. Official Language

The General Council can lay down policy with regard to use of Bodo language as medium of official correspondence within the BAC area. However, while corresponding with offices outside the BAC area, correspondence will have to be in bilingual from in accordance with the Article 345 of the Constitution and the provision of law in this behalf.

Implementation History
1993

Intermediate Implementation

The Bodo language was recognized as an associate state official language of Assam before the Bodo Accord. In the Bodo concentrated areas in Assam, the Bodo Sahitya Sabha, which was established in 1952, contributed to the acceptance of the Bodo language as a medium of instruction in primary schools in 1963 and secondary school in 1968.1 The 1993 accord would have made the Bodo language an official language of the BAC area. Because the BAC area was never finally demarcated and the BEC was almost defunct, there is no official language.

  • 1. S.K. Mukherjee, "The Reorganization of Assam and the Bodo Movement," in Reorganization of North-East India Since 1947, ed. B Datta Ray and S. P. Agrawal (New Delhi: Concept Publishing Company, 1996).
1994

Intermediate Implementation

No developments observed this year.

1995

Intermediate Implementation

No developments observed this year.

1996

Intermediate Implementation

 In 1996, the government of Assam started to offer some Post-Graduate Courses in Bodo language and literature at the University of Guwahati.2

1997

Intermediate Implementation

No further developments observed.

1998

Intermediate Implementation

No further developments observed.

1999

Intermediate Implementation

No further developments observed.

1999

Intermediate Implementation

No further developments observed.

2000

Intermediate Implementation

No further developments observed.

2001

Intermediate Implementation

No further developments observed.

2002

Intermediate Implementation

No further developments observed.

Cultural Protections

7. Special provisions for the BAC area

The General Council shall be consulted and its views shall be given due regard before any law made on the following subjects, is implemented in the BAC area:

i) the religious or social practice of the Bodos.

Implementation History
1993

Minimum Implementation

The 1993 accord had a provision to protect the religious and social practices of the Bodos in the BAC area. Because the implementation of this provision was tied to the establishment of the Autonomous Badland Council (ABC), legal protection did not materialize.1 This particular provision was not implemented.  

  • 1. Yamao Zwhwlao Brahma et al., Bodoland Movement 1986-2001: A Dream and Reality (Ann Arbor: University of Michigan, 2001).
1994

Minimum Implementation

No further developments observed.

1995

Minimum Implementation

No further developments observed.

1996

Minimum Implementation

No further developments observed.

1997

Minimum Implementation

No further developments observed.

1998

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

Minimum Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Minority Rights

20. Protection of rights of non-tribals

The Government of Assam and the BAC will jointly ensure that all rights and interests of the non-tribals as on date living in BAC area in matters pertaining to land as well as their language are protected.

Implementation History
1993

No Implementation

Because the Bodoland Autonomous Council area was never finally demarcated and the Bodo Executive Council was never fully functional, there is no Bodo governmental authority that must take into account or balance non-tribal and tribal rights; its a non-issue.1

  • 1. Sudhir Jacob George, “The Bodo Movement in Assam: Unrest to Accord,” Asian Survey 34, no. 10 (1994): 878-892.
1994

No Implementation

No further developments observed.

1995

No Implementation

No further developments observed.

1996

No Implementation

No further developments observed.

1997

No Implementation

No further developments observed.

1998

No Implementation

No further developments observed.

1999

No Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

No Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Reparations

18. Relief and Rehabilitation

(iv) The Government of Assam will initiate immediate steps for suitable rehabilitation of the Bodo militants coming overground as a result of this settlement. Similarly, the Government will organise ex-gratia payments as per rules to next of the kins killed during the Bodo agitation.

Implementation History
1993

Minimum Implementation

The 1993 Accord has provisions for ex-gratia to compensate the next of kin of those killed. The government of Assam and the Indian government have been providing ex-gratia to family members of security personnel as well as civilian employees. However, there is no record of civilian victims from the Bodo conflict receiving any kind of compensation. 

1994

Minimum Implementation

No further developments observed.

1995

Minimum Implementation

No further developments observed.

1996

Minimum Implementation

No further developments observed.

1997

Minimum Implementation

No further developments observed.

1998

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

Minimum Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Economic and Social Development

14. Trade and Commerce

The General Council will have powers to regulate trade and commerce within its jurisdiction in accordance with the existing law. For this purpose, it can issue permits and licences to individuals within the BAC area. The Government of Assam and the Union Government while considering allotment of permits to people residing within the BAC area will give preference to the Bodos.

Implementation History
1993

Minimum Implementation

The economic and social provisions of the 1993 Bodo Accord were never implemented. The accord and the Bodoland Act, which established the Bodoland Autonomous Council, granted the Bodoland Executive Council (BEC) authority over trade and commerce within its jurisdiction. The BEC was given the authority to issue permits and licenses for trade and commerce. Similarly, the BEC could collect excise duty on tea. Notwithstanding all these provisions, the BEC had limited financial powers and the state government exercised overwhelming dominance over the executive powers.1

  • 1. Manoj Kumar Nath, “Bodo Insurgency in Assam: New Accord and New Problems,” Strategic Analysis 27, no. 4 (2003): 533-545.
1994

Minimum Implementation

No further developments observed.

1995

Minimum Implementation

No further developments observed.

1996

Minimum Implementation

No further developments observed.

1997

Minimum Implementation

No further developments observed.

1998

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

1999

Minimum Implementation

No further developments observed.

2000

Minimum Implementation

No further developments observed.

2001

Minimum Implementation

No further developments observed.

2002

Minimum Implementation

No further developments observed.

Please always cite: Peace Accords Matrix (Date of retrieval: (10/20/2017),
http://peaceaccords.nd.edu/accord/memorandum-settlement-bodo-accord,
Kroc Institute for International Peace Studies, University of Notre Dame.