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ASSAM ACCORD

2020 AUG 12

Mains   > Security   >   Border area management   >   Illegal migration

WHY IN NEWS:

  • All Assam Students’ Union has released a confidential report prepared by a central panel asked to look into the implementation of Clause 6 of Assam Accord.

WHAT IS ASSAM ACCORD?

  • The Assam Accord (1985) was a Memorandum of Settlement (MoS) signed between representatives of the Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985.
  • The signing of the Accord led to the conclusion of a six-year agitation that was launched by All Assam Students’ Union (AASU) and Asom Gana Sangram parishad in 1979, demanding the identification and deportation of illegal immigrants.
  • Union Home Ministry was the nodal Ministry for the implementation of the Accord
  • In 1986, a new Department was set up in the Government of Assam, called “Implementation of Assam Accord Department”, to implement the various clauses of the Memorandum of Settlement.
  • Though the accord brought an end to the agitation, some of the key clauses are yet to be implemented, which has kept some of the issues festering.

BACKGROUND:

  • Issue of illegal immigrants in Assam was a raging issue soon after Independence forcing the government to bring the Immigrants (Expulsion from Assam) Act in 1950.
  • A National Register of Citizens (NRC) was to be prepared on the basis of Census 1951. The NRC was finally updated in 2019.

KEY CLAUSES UNDER THE ASSAM ACCORD:

  • Clause 5 deals with ‘Foreigners Issue’:
    • All persons who came to Assam prior to 1966, including those amongst them whose names appeared on the electoral rolls used in 1967 elections shall be regularised
    • Foreigners who came between 1966 and 1971 will be barred from voting for ten years
    • Foreigners who came to Assam after 1971 shall continue to be detected and deported
  • Clause 6 deals with safeguards for the Assamese people.
    • Constitutional, legislative and administrative safeguards, as may be appropriate shall be provided to protect, preserve and promote the culture, social, linguistic identity and heritage of the Assamese people
  • Clauses 7 deals with economic development of Assam, so as to improve the standard of living of the people
  • Clause 9 deals with Security of International Border:
    • The international border shall be made secured against future infiltration by erection of physical barriers
  • Clause 10 deals with Prevention of Encroachment of Government lands:
    • It will be ensured that relevant laws for prevention of encroachment of Government lands and lands in tribal belts and blocks are strictly enforced
  • Clause 11 deals with Restricting acquisition of immovable property by foreigners:
    • It will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.
  • Clause 13 deals with ending agitation:
    • The All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) shall call off the agitation

IMPLEMENTATION OF ASSAM ACCORD

  • Detection and deportation of foreigners:
    • More than hundreds of Foreigners Tribunal has been functioning in the state for detection and deportation of foreigners.
    • Updation of National Register of Citizens (NRC) in 2019.
  • Protection and promotion of the socio-culture identity of the Assamese:
    • Srimanta Sankardeva Kalakshetra Society was established under clause 6 of the historic Assam Accord and committed to work for preservation, promotion and upliftment of culture of the people of Assam.
    • Jyoti Chitraban Film Studio Scheme has been implemented
    • Archaeological Survey of India has taken up the protection, preservation and development of 5 monuments
  • Economic upliftment:
    • Construction of Rail-cum-Road Bridge over river Brahmaputra near Bogibeel, Numaligarh Refinery Limited, Assam Gas Cracker Project etc
  • Security of International Border:
    • Fencing work has been completed in Indo-Bangaldesh border, Number of Border Out Post (BOPs) in the Assam Bangladesh Border increased
  • Restricting acquisition of immovable property by foreigners:
    • The Assam Alienation of Land (Regulation) Act, which aims to restricts the acquisition of immovable property by foreigners in Assam, has been strengthened
  • Ending agitation:
    • With the successful completion of the movement, the AASU and the Asom Gana Sangram parishad organised themselves as a regional political party called Asom Gana parishad (AGP), and successfully formed the government in 1985 and 1996.

CAA VERSUS ASSAM ACCORD:

  • Citizenship (Amendment) Act, 2019 aims to provide Indian citizenship for illegal migrants of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities, who had fled persecution from Pakistan, Bangladesh and Afghanistan before December 2014
  • Under CAA persecution is the basis of giving preferential treatment to illegal immigrants who are living not only in Assam but in other parts of the country as well
  • CAA has shifted the cut-off date for granting citizenship from 1971 to 2014
  • All Assam Students’ Union argues that CAA is a violation of Clause 6 of Assam Accord.

REECENT DEVELOPMENTS

  • Following widespread protests against the CAA the government gave an urgent push to Clause 6 to pacify the Assamese community.
  • In February 2020, a government-appointed committee had submitted its recommendations for implementation of Clause 6 of the Assam Accord
  • The committee proposed certain safeguards to be available for ‘Assamese people’
  • Implications and impacts of these recommendations:
    • If the recommendation is accepted, those who migrated between 1951 and 1971 would be Indian citizens under the Assam Accord and NRC, but they would not be eligible for safeguards under Clause 6 meant for “Assamese people”
  • What are these safeguards?
    • Reservation for the “Assamese People” in Assam’s seats in Parliament and state government jobs.
    • Land rights to be confined to the “Assamese People”, putting restrictions on transfer of land any means to other persons other than “Assamese People”.
    • Assamese language shall continue to be the official language of the state with appropriate provisions for use of local languages in Barak Valley, Hill Districts and the BTAD (Bodoland Territorial Area Districts).
    • Provision of an Assamese language paper for recruitment in state government services.

PRACTICE QUESTION:

Q. “Assam accord of 1985 brought peace and changed the face of politics in Assam, but it did not solve the problem of immigration”. Critically analyse