Five Point Agreement between the Government of Mizoram and the HMAR People’s Convention

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Country/entity: India
Mizoram
Region: Asia and Pacific
Agreement name: Five Point Agreement between the Government of Mizoram and the HMAR People’s Convention
Date: 29 Sep 1993
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
India-Adivasi Conflicts (1955 - ) (Northeast India)
Several of seven sister states in Northeast India have had ongoing conflicts with the central Indian government, as well as among themselves following India's independence from the British Empire in 1947. Northeast India, in particular, lags behind the rest of India in infrastructure development. Tensions also exist between the various ethnic groups and Indian nationals migrated from elsewhere.

Bodoland:
The Bodo are a predominantly Christian group of about four million people living in the mountainous region of eastern Assam, India. Since 1986, the guerrilla organization – the National Democratic Front of Bodoland (NDFB) – fought for independence of Bodoland. An initial truce was signed in 1989 and negotiations began with the Assam government. However, the NDFB resumed the conflict and new attempts to reach a peace settlement have not been successful. In 2005, a faction of the NDFB entered negotiations and signed a ceasefire agreement after suffering heavy losses. This splintered the NDFB and more radical factions that continue to fight.

Darjeeling:
Gorkhas in the state of West Bengal waged a guerrilla war against the central government from 1986-1988. Anti-foreign riots started in 1979 after a steady infiltration of Hindus and Muslims from other parts of Bengal. Tensions continued until the Accord of Darjeeling peace agreement was concluded in 1988. This accord provided for an autonomous Gorkha district around Darjeeling, which would remain part of West Bengal. It was implemented in The Darjeeling Gorkha Hill Council (Amendment) Act of 1994. After 2007, a second wave of enthusiasm for Gorkhaland was revived by the Gorkha Janmukti Morcha, however, this time by non-violent means. Nonetheless, the introduction of Bengali into schools, raised tensions in a Nepali-speaking region and as of 2017 conflict appears to be increasing.

Hmar:
Tension in Mizoram were primarily due to political domination by the Assamese over the Mizo. The Mizo National Front was formed in 1961 in the aftermath of a devastating famine in the Mizo Hills in objection to Indian Government response, or lack of. With popular support the MNF staged an uprising in 1966, but was unable to take control. It was only in 1986 that a peace accord was signed granting Mizoram statehood and the MNF became a political party. The same year the Hmar People's Convention was formed as a political party advocating for the rights of the Hmar which were ignored by the 1986 peace accord. The movement aimed to create an autonomous state in the north of Mizoram. A 1994 agreement between the HPC and Indian government resulted in the formation of the Sinlung Hills Development Council. However, a splinter group - the Hmar People's Convention-Democracy - was formed in 1995 demanding a separate administration.

Manipur:
The Manipur insurgency is linked to national, ethnic and political identity issues that occupy many of the conflicts in India's northeast that emerged following the independence of India in 1947. Among the largest groups are the United National Liberation Front, the People's Revolutionary Party of Kangleipak, the People's Liberation Army of Manipur, and the Kanleipak Communist Party. The conflict continues as of 2017.

Nagaland:
The exception is Nagaland, wherein tensions predate 1947 and the Nagas announced their intention to declare independence from Britain. Indian authorities moved troops into the region in 195. Nagaland was eventually declared a state in 1963 and an agreement, the Shillong Accord, was signed between the Naga National Council and Indian Government in 1975. In 1980 the Nationalist Socialist Council of Nagaland (NSCN) was formed due to dissatisfaction with the Shillong Accord with the aim of Naga independence. It split into two factions in 1988. Over 80 rounds of peace talks from 1999 onwards led to little until the signing of the Naga Peace Accord in 2015.

Tripura:
Tensions emerged in Tripura between Bengali-speaking settlers and local ethnic groups during the 1970s. In 1989 the National Liberation Front of Tripura was founded followed by the establishment of the All Tripura Tiger Force the next year. Whilst the Christian NLFT seeks independence from India, the Hindu ATTF's sole goal is the expulsion of all Bengali-speakers from the state.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: India-Hmar-Bodoland peace process
Parties: Upa Thansung, Vice President, Hmar People’s Convention;
(Vaivenga), Minister, Health & Family Welfare etc., Mizoram;
Third parties: -
Description: Agreed to bring out an amicable solution to problem arising out of demands of Hmar People’s Convention; to give adequate autonomy to the Council for social, economic, cultural and educational advancement of the people; to initiate measures for use of Hmar language as a medium of instruction up to primary level and recognition of the Hmar language as one of the major language of the State of Mizoram.

Agreement document: IN_930929_5PointAgreementGovMizoramHmar.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
Page 1,
3. To initiate measures for use of Hmar language as a medium of instruction up to Primary level recognition of the Hmar language as one of the major language of the State of Mizoram.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: Page 1,
3. To initiate measures for use of Hmar language as a medium of instruction up to Primary level recognition of the Hmar language as one of the major language of the State of Mizoram.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 1,
4. The name of the Council shall be ‘Sinlung Hills Development Council’.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1,
5. To take immediate measures for inclusion of an area to be specified within the H.P.C. Demand Area of Mizoram and the other non-scheduled areas of Mizoram in the Scheduled (Tribal) Area of the Sixth Schedule to the Constitution of India so that the above mentioned area are safeguarded under the Sixth Schedule to the Constitution of India.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 1,
2. To give adequate autonomy to the Council for social, economic, cultural and educational advancement of the people under the jurisdiction of the Council.
...
4. The name of the Council shall be ‘Sinlung Hills Development Council’.
Power sharing→Territorial power sharing→Other
Page 1,
5. To take immediate measures for inclusion of an area to be specified within the H.P.C. Demand Area of Mizoram and the other non-scheduled areas of Mizoram in the Scheduled (Tribal) Area of the Sixth Schedule to the Constitution of India so that the above mentioned area are safeguarded under the Sixth Schedule to the Constitution of India.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Intangible
Page 1,
3. To initiate measures for use of Hmar language as a medium of instruction up to Primary level recognition of the Hmar language as one of the major language of the State of Mizoram.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1,
... Final bilateral settlement shall be made after working out the details of the Council within the framework of the above agreed points.
Related cases: No specific mention.
Source: Reproduced in Datta (1995)

5 Point Agreement between the Govt of Mizoram and the Hmar People’s Convention

September 29, 1993

1. To bring out an amicable solution to the problems arising out of the demands of the Hmar People’s Convention.

2. To give adequate autonomy to the Council for social, economic, cultural and educational advancement of the people under the jurisdiction of the Council.

3. To initiate measures for use of Hmar language as a medium of instruction up to Primary level recognition of the Hmar language as one of the major language of the State of Mizoram.

4. The name of the Council shall be ‘Sinlung Hills Development Council’.

5. To take immediate measures for inclusion of an area to be specified within the H.P.C. Demand Area of Mizoram and the other non-scheduled areas of Mizoram in the Scheduled (Tribal) Area of the Sixth Schedule to the Constitution of India so that the above mentioned area are safeguarded under the Sixth Schedule to the Constitution of India.

Final bilateral settlement shall be made after working out the details of the Council within the framework of the above agreed points.

Sd/- Upa Thansung, Vice President, Hmar People’s Convention

Sd/- (Vaivenga), Minister, Health & Family Welfare etc.,

Mizoram