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
(b) Subordinate District Customary Law Courts within a civil Sub DivisionalTerritory, and
(c) District Customary Law Court.
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
(iii) The Government of India will initiate steps for review of action against the Bodo employees of Government of India and subordinate offices as well as in respect of Central Government Undertakings. Similar action would be taken by the Government of Assam.
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)
There shall be formed, by an Act of Assam Legislative Assembly, a Bodoland Autonomous Council (BAC) within the State of Assam comprising continguous geographical areas between river Sankosh and Mazbat/river Pasnoi. The land records authority of the State will scruitinize the list of villages furnished by ABSU /BP AC having 50% and more of tribal population which shall be included in the BAC. For the purpose of providing a contiguous area, ever the villages having less than 50% tribal population shall be included. BAC will also include Reserve Forests as per the guidelines laid by Ministry of Defence and Ministry of Environment and Forests, Government of India, not otherwise required by the Government for manning the international border and tea gardens located completely within the BAC continguous area.
(b) Powers
The BAC will comprise of a General Council comprising 40 members, 35 elected on the basis of adult suffrage and having a life of five years. The Government will have powers to nominate 5 members to the Council, particularly from groups which could not otherwise be represented. This Council will have powers to make bye-laws, rules and orders for application within the BAC area on the subjects enumerated in Schedule ‘A’.
(c) The Executive Authority of the BAC would be exercised in its Executive Body to be known as Bodoland Executive Council (BEC). The BEC will be responsible for implementation within the BAC area of the laws on subjects enumerated in Schedule ‘A’.
(d) The General Council and the BEC will hold office during the pleasure of the Governor of Assam. Consultation with the State Law Department of Government of Assam would be necessary if the Governor proposed to dissolve either the General Conncil or the BEC before the expiry of its term in accordance with the provisions of law. The executive authority of the BEC will be exercised by the party enjoying a simple majority in the General Council. On completion of elections, the Governor would invite the leader of the majority partyto constitute the BEC.
4. Finances
(i) (a) The finances for the BAC will be earmarked under a separate subhead within the State budget, in keeping with the guidelines laid down by the Government of India from time to time. The government of Assam would have no powers to divert this earmarked allocation to other heads/areas except in exigencies when there is unavoidable overall Budget cut.
(b) The provisions made in 4 (i) (a) regarding allocation of funds should be in line with the spirit of the Constitution (seventy second) and (seventy third) amendment.
(ii) The BAC would also receive grant-in-aid from time to time within the principles and policies enunciated by the Government of India.
(iii) The General Council will have powers to raise finances from levies/fees/taxes etc., on subjects mentioned in Schedule ‘A’ subject to Constitutional amendment mentioned above.
(iv) The finances for the BAC will be managed exclusively by its General Council and the statement of its annual audited accounts will be laid on the table of the State Assembly.
5. Powers of appointments
The Bodoland Executive Committee would have powers to appoint Class III and Class IV staff within its jurisdiction for implementation of schemes connected with the subjects enumerated in Schedule ‘A’.
6. Reservation of Seats
The Election Commission of India will be requested by the BAC to consider seat reservation and delimitation of constituencies, both Lok Sabha and State Assembly, within the BAC area to the extent permitted by the Constitution and the law.
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;
ii) the Bodo customary laws and procedures; and
iii) the ownership and transfer of land within the BAC area.
8. Special status for the Bodoland Autonomous Council
The BAC shall, within the laws of the land, take steps to protect the demographic complexion of the areas falling within its jurisdiction.
17. Appointment of Interim Bodoland Executive Council
The Government of Assam will take steps for the formation of an Interim Bodoland Executive Council for the BAC from amongst the leaders of the present Bodoland movement who are signatories to this settlement, during the transition period, i.e. prior to the holding of election. Such Interim Council would be formed before a prescribed date mutually agreed between the Central and State Governments.
21. Ad-hoc Central grant for launching the BAC
After the signing of this settlement, and ad-hoc Budget on reasonable basis will be prepared by Interim BEC and discussed with the State and Central Governments for necessary financial support.
3. (a) Name: Bodoland Autonomous Council (BAC)
There shall be formed, by an Act of Assam Legislative Assembly, a Bodoland Autonomous Council (BAC) within the State of Assam comprising continguous geographical areas between river Sankosh and Mazbat/river Pasnoi. The land records authority of the State will scruitinize the list of villages furnished by ABSU /BP AC having 50% and more of tribal population which shall be included in the BAC. For the purpose of providing a contiguous area, ever the villages having less than 50% tribal population shall be included. BAC will also include Reserve Forests as per the guidelines laid by Ministry of Defence and Ministry of Environment and Forests, Government of India, not otherwise required by the Government for manning the international border and tea gardens located completely within the BAC continguous area.
12. Changes in Geographical Boundary
The geographical area of the Bodoland Autonomous Council as agreed upon can be changed with the mutual consent of the BAC and the Government of Assam.
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
12. Foreign Insurgency Groups
12.1. The parties appreciate the threat and menace that the foreign insurgency groups pose on the security and stability of the Sudan and neighboring countries.
12.2. The parties have resolved to end the presence of the foreign insurgency groups on the Sudanese soil;
12.3. The parties shall work together to disarm, repatriate or expel these groups as soon as possible.
UN, International and Internal Verification
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
Part II
15. UN Peace Support Mission
15.1. The Parties agree to request the United Nations to constitute a lean, effective, sustainable and affordable UN Peace Support Mission to monitor and verify this Agreement and to support the implementation of the Comprehensive Peace Agreement as provided for under Chapter VI of the UN Charter;
15.3. International monitoring shall be carried out by UN, considering that the official working languages in Sudan are Arabic and English, who may make the use of the services of UN protection unit. The size of the UN Peace Support Mission, including any UN force protection element, shall be determined by the UN in consultation with the Parties.
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
Part II
15. UN Peace Support Mission
15.1. The Parties agree to request the United Nations to constitute a lean, effective, sustainable and affordable UN Peace Support Mission to monitor and verify this Agreement and to support the implementation of the Comprehensive Peace Agreement as provided for under Chapter VI of the UN Charter;
15.2. The Parties call upon the international community to provide technical and financial assistance, given the financial constraints of GoS and particularly the nature and structure of SPLA, to expedite the implementation of the cease fire activities.
15.3. International monitoring shall be carried out by UN, considering that the official working languages in Sudan are Arabic and English, who may make the use of the services of UN protection unit. The size of the UN Peace Support Mission, including any UN force protection element, shall be determined by the UN in consultation with the Parties.
15.4. For the purpose of monitoring activities related to the ceasefire, the international monitors shall have unrestricted access in accordance with a Status of Forces Agreement (SOFA), which shall be concluded with the United Nations as soon as possible. Such SOFA shall contain the provisions agreed to by the Parties with the United Nations immediately following the conclusion of the Comprehensive Peace Agreement.
15.5. The parties agree that the presence and size of the UN peace support mission shall be determined by the implementation time table of this Agreement (disengagement, disarmament, redeployment, etc) and shall gradually phase out with successful implementation of the time tables, increased confidence building, and commitment of the parties towards the implementation of this Agreement.
15.6. The Parties agree to request the UN to provide cultural orientation to all its members to create conducive a s here for respect and better understanding of social values and cultures so as to ensure effective implementation of this Agreement;
15.7. The Parties undertake to respect the exclusively international nature of the UN Peace Support Mission as in terms of flag, vehicle markings, communication, travel and transport, privileges and immunities, facilities, provisions, supplies, services, sanitary arrangements, recruitment of local personnel, currency, entry, residence, departure, uniform, arms, permits and licences, military police, arrest, transfer of custody, mutual assistance, jurisdiction, deceased members and settlement of disputes;
15.8. SAF and SPLA members of AJMCs and JMTs shall have the right to participate in verification and monitoring missions, however in case of failure of either or both Parties to participate, the mission shall still continue with its verification and monitoring tasks.
15.9. The Verification and Monitoring Team (VMT), the Joint Military Commission (JMC) in Nuba Mountains and the Civilian Protection Monitoring Team (CPMT) shall continue performing their duties, under’ operational control of the UN Mission, according to their present and/or expanded mandate, fill the gap and carry out duties as shall be entrusted to them by the Parties until the UN Mission is operational, after which their roles shall cease to exist.
Chapter I: The Machakos Protocol (Signed at Machakos, Kenya on 20th July, 2002)
PART B: THE TRANSITION PROCESS
2.4 An independent Assessment and Evaluation Commission shall be established during the Pre-Transition Period to monitor the implementation of the Peace Agreement during the Interim Period. This Commission shall conduct a midterm evaluation of the unity arrangements established under the Peace Agreement.
2.4.1 The composition of the Assessment and Evaluation Commission shall consist of equal representation from the GoS and the SPLMI A, and not more than two (2) representatives, respectively, from each of the following categories:
2.4.1.1 Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia, Kenya and Uganda);
2.4.1.2 Observer States (Italy, Norway, UK and US); and
2.4.1.3 Any other countries or regional or international bodies to be agreed upon by the Parties.
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
5.3. The permanent cessation of hostilities shall include final termination of the following activities:
5.3.5. Replenishment of ammunition, weapons and other lethal or military
equipment;
Chapter I: The Machakos Protocol (Signed at Machakos, Kenya on 20th July, 2002)
Part A: Agreed Principles
1.3 That the people of South Sudan have the right to self-determination, inter alia,
through a referendum to determine their future status.
The Right to Self-Determination for the People of South Sudan
1.3 That the people of South Sudan have the right to self-determination, inter alia, through a referendum to determine their future status.
PART B: THE TRANSITION PROCESS
2.4 An independent Assessment and Evaluation Commission shall be established during the Pre-Transition Period to monitor the implementation of the Peace Agreement during the Interim Period. This Commission shall conduct a midterm evaluation of the unity arrangements established under the Peace Agreement.
2.4.1 The composition of the Assessment and Evaluation Commission shall consist of equal representation from the GoS and the SPLMI A, and not more than two (2) representatives, respectively, from each of the following categories:
2.4.1.1 Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia, Kenya and Uganda);
2.4.1.2 Observer States (Italy, Norway, UK and US); and
2.4.1.3 Any other countries or regional or international bodies to be agreed upon by the Parties.
2.4.2 The Parties shall work with the Commission during the Interim Period with a view to improving the institutions and arrangements created under the Agreement and making the unity of Sudan attractive to the people of South Sudan.
2.5 At the end of the six (6) year Interim Period there shall be an internationally monitored referendum, organized jointly by the OOS and the SPLMI A, for the people of South Sudan to: confirm the unity of the Sudan by voting to adopt the system of government established under the Peace Agreement; or to vote for secession.
2.6 The Parties shall refrain from any form of unilateral revocation or abrogation of the Peace Agreement.
2.10 Other Independent and/or National Institutions to be established in Accordance with the Peace Agreement:
2.10.1 The National Constitutional Review Commission, as detailed in Section 2.12 herein, shall also detail the mandate and provide for the appointment and other mechanisms to ensure the independence of the following institutions:
2.10.0.5 An ad-hoc Commission to monitor and ensure accuracy, legitimacy, and transparency of the Referendum as mentioned in the Machakos Protocol on Self-Determination for the People of South Sudan, which shall also include international experts;
Chapter IV: The Resolution of the Abyei Conflict (Signed at Naivasha, Kenya on 26th May, 2004)
8. Abyei Referendum Commission
8.1 There shall be established by the Presidency an Abyei Referendum Commission to conduct Abyei referendum simultaneously with the referendum of Southern Sudan. The composition of the Commission shall be determined by the Presidency.
8.2 The residents of Abyei shall cast a separate ballot. The proposition voted on in the separate ballot shall present residents of Abyei with the following choices; irrespective of the results of the Southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.
8.3 The January 1, 1956 line between north and south shall be inviolate, except as agreed above.