Memorandum of Settlement

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Country/entity: India
Tripura
Region: Asia and Pacific
Agreement name: Memorandum of Settlement
Date: 23 Aug 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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: India-Tripura peace process
Parties: Signed on behalf of First Party ATTF by-
1. Sd/-Shri Lalit Deb barma), President, ATTF.
2. Sd/-Shri Ramendra Reang, Vice President, ATTF.
3. Sd/-Shri Rabindra Reang, General Secretary, ATTF.
4. Sd/-Shri Dilip Deb Barma, Treasurer, ATTF.
5. S/d-Shri Santaram Reang, Accountant, ATTF .

Signed for and behalf of the Governor of Tripura, Sd/-M. Damodaran, Chief Secretary, Government of Tripura
Third parties: In the presence of:-
(Shri Dasarath Deb)
Chief Minister, Tripura
(Shri Bidyanath Majumder)
Minister, PWD etc. Deptt, Tripura
Description: All Tripura Tribal Force (ATTF) covenanted to deposit arms and ammunition and to end underground activities. Government of Tripura covenanted to take steps for resettlement and rehabilitation of ATTF personnel; to take action in respect of sending back Bangladesh foreign nationals who arrived after 25 March 1971 and to take steps to restore land acquired from tribals. Also agreed on inclusion of tribal majority villages in Autonomous District Council (ADC) areas; village police force for the ADC; increase in numbers of seats for scheduled tribe candidates in the ADC. Provision also made for establishment of a cultural development centre; improvement of Kok Borak and other Tribal languages; presentation of Ujjayanta Palace as a historical monument; and shifting of Tripura legislative Assembly; renaming of villages, rivers etc; Jhumia resettlement and industrial development of ADC area. Housing and drinking water facilities and Government employment or economic package to be provided for ATTF personnel with secured accommodation and escorts for ATTF Office Bearers.

Agreement document: IN_930823_MemorandumSettlementTripuraStateATTF.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→Rhetorical
Page 1, PREAMBLE
Where as the government of Tripura have been making concerned efforts to bring about an effective settlement of the problems of the tribal who are presently minority in Tripura an attempt have been made on a continuing basis to usher in peace and harmony in areas in which disturbed conditions have prevailed for long.
Groups→Indigenous people→Substantive
Page 1,
2. ... (C).effective steps would be taken in terms of the Tripura Land Revenue and Land Reforms Act 1960 for restoring land alienated by tribals.

Page 1,
2. ... (D) Inclusion of Tribal majority villages in ADC Area: - Tribal majority villages which now fall outside the ADC area and are contiguous to the ADC area, would be included in the TTAADC.

Page 2,
2. ... (G) Increase in the Number of Seats for Sch. Tribes Candidates in the TTAADC: - The demand for more representation of Scheduled Tribe Members in the Autonomous District Council is acceptable to the State Government in principle and efforts will be made amendment of the rules which deal with reservation of seats for Scheduled Tribe in order to increase the numbers of reserve seats to 25 (Twenty-five).

Page 2,
2. ... (I) Improvement of KOKBORAK and other Tribal Languages: - A Bhasha commission would be setup for the improvement of Kok Borok and other Tribal Languages, steps would also is taken for the introduction in phase of Kok Borak at Progressively higher levels of education.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1,
2.(B). Govt of Tripura to take action to sending back all Bangladesh foreign nationals who have come to Tripura since March 1971 and are not in possessession of valid docs authorizing their presence in Tripura.

Page 1,
2. ... (C).effective steps would be taken in terms of the Tripura Land Revenue and Land Reforms Act 1960 for restoring land alienated by tribals.

Page 2,
2. ... (L) Jhumia re-settlement: - Area based for resettlement of jhumias would continue to be implemented in order to provide for a strong economic base for the jhumias of Tripura.
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): 2(d) agreed on inclusion of tribal majority villages in Autonomous District Council (ADC) areas. (f) agmt in principle to own Village police force, (g) increase in number of seats for scheduled tribe candidates. (h) setting up Cultural Development Centre, (i) imporvement of Kok Borak and other tribal languages. (j) separate building for Tripura legislative assembly, (k) renaming of villages, rivers, etc to tribal names,
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
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): No specific mention.
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: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
Sub-state level
Page 2,
2. ... (G) Increase in the Number of Seats for Sch. Tribes Candidates in the TTAADC: - The demand for more representation of Scheduled Tribe Members in the Autonomous District Council is acceptable to the State Government in principle and efforts will be made amendment of the rules which deal with reservation of seats for Scheduled Tribe in order to increase the numbers of reserve seats to 25 (Twenty-five).
Territorial power sharing: Power sharing→Territorial power sharing→Other
Page 1,
2. ... (D) Inclusion of Tribal majority villages in ADC Area: - Tribal majority villages which now fall outside the ADC area and are contiguous to the ADC area, would be included in the TTAADC.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Proportionality
(F) Village Police Force for the ADC: - The constitution of village Police Force under the administrative control of the TTAADC is acceptable in principle to the State Government and the State Government will take up with the Government of India for Constitutional amendment, if required, to fulfil this demand.

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: Page 2,
2. ... (E) Introduction of Inner line permit: - The case for introduction of an Inner-Line
Permit system would be taken up with the government of India. The State Government
will insist on the Movement of India to approve this demand.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2,
2. ... (M) Industrial Development in TTAADC: - All necessary steps would be taken to ensure the promotion of industrial activities in TTAADC areas.

Page 3,
2. ... (P) Drinking water Facilities: - Steps would be taken by the State Government to Provide Drinking water in the resettlement colonied set up by the Government to resettle the ATTF personal.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 2,
2. ... (M) Industrial Development in TTAADC: - All necessary steps would be taken to ensure the promotion of industrial activities in TTAADC areas.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 1,
2.(c).effective steps would be taken in terms of the Tripura Land Revenue and Land Reforms Act 1960 for restoring land alienated by tribals.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 2,
2. ... (H) Setting up of a Cultural Development center: - Upajati Sanskritik vikas kendra (Tribal Cultural development Centre) with arrangements for training would be set up in the TTAADC area.

Page 2,
2. ... (J) Preservation of Ujjanyanta Palace as historical Monument and shifting of Tripura Legislative Assembly. Respecting sentiments of all sections of the population, especially the tribal of Tripura, steps would be taken to contract a separate building for The Tripura Legislative Assembly and to retain the Ujjanyanta Palace as a Historical Monument.
Land, property and environment→Cultural heritage→Intangible
Page 2,
2. ... (K) Renaming of the Village Rivers, Etc.: - Steps would be initiated to ensure that all villages and rivers which earlier had tribal names and which were subsequently renamed, are given their original tribal names.
Land, property and environment→Cultural heritage→Promotion
Page 2,
2. ... (I) Improvement of KOKBORAK and other Tribal Languages: - A Bhasha commission would be setup for the improvement of Kok Borok and other Tribal Languages, steps would also is taken for the introduction in phase of Kok Borak at Progressively higher levels of education.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 3,
2. ... (N) Secured accommodation and escort for Office Bearers: - The President, VicePresident, Convener and 4 (four) other members of the Executive Committee of the ATTF will be given secured accommodation subsequent to their surrender and they will also be given personal security guard for such period as may be decided by the Government. They will be provided with Police escort during their movement outside Agartala as and when required.
Ceasefire: No specific mention.
Police: Page 2,
2. ... (F) Village Police Force for the ADC: - The constitution of village Police Force under the administrative control of the TTAADC is acceptable in principle to the State Government and the State Government will take up with the Government of India for Constitutional amendment, if required, to fulfil this demand.

Page 3,
2. ... (N) Secured accommodation and escort for Office Bearers: - The President, VicePresident, Convener and 4 (four) other members of the Executive Committee of the ATTF will be given secured accommodation subsequent to their surrender and they will also be given personal security guard for such period as may be decided by the Government. They will be provided with Police escort during their movement outside Agartala as and when required.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 1, PREAMBLE
... Whereas on a series of discussions between the parties here to and based on such discussions it has been mutually agreed by and between the parties hereto that the FIRST ATTF shall give up the path of violence and surrender to the Other Party the Government of Tripura along with all their arms and ammunition ending their underground activities and the Governor of Tripura will provide some economic package and financial benefits and facilities hereafter provided

Page 3,
2. ... (O) Housing Facilities: - After surrender, ATTF personal shall be provided with a house with GCI sheet raffling with a floor area of 220 square feet for their accommodation as early as possible and the ATTF personal shall take part in constructing such houses, provided that the cost of each house shall not exceed Rs. 20,000/= (Rupees Twenty thousand.

Page 3,
2. ... (Q) Government Employment or Economic Package: - All ATTF personal, on their surrender, will be provided with government employment according to their qualification or economic facilities as provided here in and till such Government employment or economic facilities are given, each surrendered ATTF personal shall be paid subsistence allowance at the rate of Rs.500/= (Rupees five hundred) only per month, so, however, that the subsistence allowance shall not be paid beyond a period of 10 (ten) months.
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: Transitional justice→Reparations→Material reparations
Page 1,
2. ... (c).effective steps would be taken in terms of the Tripura Land Revenue and Land Reforms Act 1960 for restoring land alienated by tribals.
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: No specific mention.
Related cases: No specific mention.
Source: Reproduced in Datta (1995)

Memorandum of Settlement between the Tripura State Government and All Tripura Tribal Force (ATTF)

23 August 1993

PREAMBLE:

Where as the government of Tripura have been making concerned efforts to bring about an effective settlement of the problems of the tribal who are presently minority in Tripura an attempt have been made on a continuing basis to usher in peace and harmony in areas in which disturbed conditions have prevailed for long.

AND

Whereas All Tripura Tribal Force have given a clear indication that they would like to give up the path of armed struggle and would like to resume a normal life and they have decided to abandon the path of violence and to seek solutions to their problems within the framework of the Constitution of India and, therefore, they have responded positively to the appeals made by the Government of Tripura to join the mainstream and to help in the cause of building a prosperous Tripura

AND

Whereas on a series of discussions between the parties here to and based on such discussions it has been mutually agreed by and between the parties hereto that the FIRST ATTF shall give up the path of violence and surrender to the Other Party the Government of Tripura along with all their arms and ammunition ending their underground activities and the Governor of Tripura will provide some economic package and financial benefits and facilities hereafter provided

2. ( B).

Action is taken against foreign Nationals:

- Action would be taken in respect of sending back all Bangladesh foreign nationals who have come to Tripura after 25 th March, 1971 and are not in possession of valid documents authorizing their presence in Tripura.

- Effective steps would be taken in items of the Tripura Land Revenue and Land Reform Act, 1960 for restoring land alienated by tribal.

(D) Inclusion of Tribal majority villages in ADC Area:

- Tribal majority villages which now fall outside the ADC area and are contiguous to the ADC area, would be included in the TTAADC.

(E) Introduction of Inner line permit:

- The case for introduction of an Inner-Line Permit system would be taken up with the government of India.

The State Government will insist on the Movement of India to approve this demand.

(F) Village Police Force for the ADC:

- The constitution of village Police Force under the administrative control of the TTAADC is acceptable in principle to the State Government and the State Government will take up with the Government of India for Constitutional amendment, if required, to fulfil this demand.

(G) Increase in the Number of Seats for Sch.

Tribes Candidates in the TTAADC:

- The demand for more representation of Scheduled Tribe Members in the Autonomous District Council is acceptable to the State Government in principle and efforts will be made amendment of the rules which deal with reservation of seats for Scheduled Tribe in order to increase the numbers of reserve seats to 25 (Twenty-five).

(H) Setting up of a Cultural Development center:

- Upajati Sanskritik vikas kendra (Tribal Cultural development Centre) with arrangements for training would be set up in the TTAADC area.

(I) Improvement of KOKBORAK and other Tribal Languages:

- A Bhasha commission would be setup for the improvement of Kok Borok and other Tribal Languages, steps would also is taken for the introduction in phase of Kok Borak at Progressively higher levels of education.

(J) Preservation of Ujjanyanta Palace as historical Monument and shifting of Tripura Legislative Assembly.

Respecting sentiments of all sections of the population, especially the tribal of Tripura, steps would be taken to contract a separate building for The Tripura Legislative Assembly and to retain the Ujjanyanta Palace as a Historical Monument.

(K) Renaming of the Village Rivers, Etc.:

Steps would be initiated to ensure that all villages and rivers which earlier had tribal names and which were subsequently renamed, are given their original tribal names.

(L) Jhumia re-settlement:

- Area based for resettlement of jhumias would continue to be implemented in order to provide for a strong economic base for the jhumias of Tripura.

(M) Industrial Development in TTAADC:

- All necessary steps would be taken to ensure the promotion of industrial activities in TTAADC areas.

(N) Secured accommodation and escort for Office Bearers:

- The President, Vice-President, Convener and 4 (four) other members of the Executive Committee of the ATTF will be given secured accommodation subsequent to their surrender and they will also be given personal security guard for such period as may be decided by the Government.

They will be provided with Police escort during their movement outside Agartala as and when required.

(O) Housing Facilities:

- After surrender, ATTF personal shall be provided with a house with GCI sheet raffling with a floor area of 220 square feet for their accommodation as early as possible and the ATTF personal shall take part in constructing such houses, provided that the cost of each house shall not exceed Rs.

20,000/= (Rupees Twenty thousand.

(P) Drinking water Facilities:

- Steps would be taken by the State Government to Provide Drinking water in the resettlement colonied set up by the Government to resettle the ATTF personal.

(Q) Government Employment or Economic Package:

- All ATTF personal, on their surrender, will be provided with government employment according to their qualification or economic facilities as provided here in and till such Government imployment or economic facilities are given, each surrendered ATTF personal shall be paid subsistence allowance at the rate of Rs.500/= (Rupees five hundred) only per month, so, however, that the subsistence allowance shall not be paid beyond a period of 10 (ten) months.

IN WITNESS WHEREOF THE ATTF is being represented by

(I) shri Lalit Debbarma, President,ATTF, (2) Shri Ramcndra Reang, Vice-President, ATTF, (3) Shri Rabindra Reang, General Secretary, ATTF, (4) Shri Dilip Debbarma, Treasurer, ATTF, and (6) Shri Santaram Reang Accountant, ATTF, and the Governor of Tripura being represented by Sri M. Damodaran, Chief Secretary to the Government of Tripura, have hereunto set their hand on the date, month and year as afore-mentioned.

Signed on behalf of First Party ATTF by-

1. Sd/-Shri Lalit Deb barma) President, ATTF.

Sd/-Shri Ramendra Reang Vice President, ATTF.

Sd/-Shri Rabindra Reang General Secretary, ATTF.

Sd/-Shri Dilip Deb Barma Treasurer, ATTF.

S/d-Shri Santaram Reang Accountant, ATTF .

Signed for and behalf of the Governor of Tripura

Sd/-M. Damodaran Chief Secretary Government of Tripura

In the presence of:-

(Shri Dasarath Deb) Chief Minister, Tripura

(Shri Bidyanath Majumder) Minister, PWD etc.

Deptt, Tripura