The up-date situation on CHT

The Bangladesh government approved the Peace Accord and 4 Bills in their cabinet meeting on 22nd December 1997. in accordance with the agreement, the JSS members returned to normal life and deposited their arms & ammunition on February 10, 16, 22 and March 05, 1998. But, no significant progress in the implementation of Peace Accord was observed as yet.

 The government has, however, passed the bills in the parliament, in the name of Rangamati Hill District Local Government Council (amended) Bill, 1998; Khagrachari HDLGC (amended) Bill, 1998; Bandarban HDLGC (amended) Bill, 1998 and Chittagong Hill Tracts Regional Council Bill, 1998 on May 03, 04, 05 & 06, 1998 respectively. There are some inconsistencies found in the Rangamati nil District Local Government Council (amended) Bill.1998 and the JSS leaders had been raised their voice instantly to amend it. The government has agreed to modify the incongruities and assured to place the amended bill again in parliament during its next Budget Session.

 The government has not yet formed the Interim Chittagong Hill Tracts Regional Council as per provision C(12) of the agreement. During conversation immediately before the treaty, both the government and the JSS leaders reached into a consensus that the interim Regional Council would be formed with all the Councilors that has to be selected by JSS. But, now the government is retracting from their commitment and contriving to include their own party men and/or supporters.

 As per terms of the Peace Accord [D17 (a)], the government is supposed to withdraw the temporary camps of army, VDP and Ansar from CHT and a time limit shall be determined for it. But, neither the deadline has been fixed nor the army camp has been withdrawn. Rather, the power-monger armies have been interfering in the local administration in contravention to the essence of the treaty. The arms were closed from the possession of Ansar, VDP in CHT in March 1998 but in April they have been again equipped with arms in some places.

 It has been learnt that there was an unwritten agreement that the settlers shall have to be withdrawn from CHT region and be settled them to other plain districts. Prime Minister, Sheikh Hasina also gave her verbal commitment to the JSS President in this regard. For this purpose, the government would have been stopped ration to the settlers and dismantled their cluster villages. But, no such step has yet been taken to comply with these pre-concerted issues. Besides, the govt. authorities are reversibly formulating new projects and providing more facilities for their rehabilitation in order to restrain the settlers in favor of the government. More interestingly, the government is deliberately creating an atmosphere so that the Bengali settlers ought to join in Awami League and take shelter for more benefit.

 A total number of 63,407 Jumma refugees of 12,387 families were officially repatriated between 1994 to February 27, 1998. In addition to that more than 20,000 Jummas unofficially returned to CHT with call from the government who did not get any rehabilitation. Because of presence of settlers in 13 villages of Dighinala Thana, the Jumma refugee returnees could not go back to their own villages.

 The lands and homesteads of 1,667 families that were occupied by the Bengali settlers have not yet been returned. Some 138 families of refugee returnees are not being able to go back to their abodes due to Ansar, Police and Army Camps as their lands were usurped. About 35 families of village Purba Nalkata under Panchari Thana have taken shelter at Nelkata Primary School due to presence of army camp there and passing their days in a deplorable condition.

 According to the terms of the agreement [D16 (e)] about 37 refugee returnees have not yet been reinstated to their former jobs. No step has yet been taken even for reinstatement of the service of the refugee returnee headmen. It has also been reported that at about 400 repatriated families have not yet received money for bullocks.

 Recently some refugee returnees have been facing security problem. The Bengali settlers killed one Shashi Ranjan Chakma of Bachamaram under Dighinala Thana on February 27, 1998. The wife of the deceased lodged case to the police and administration against the murderers by name. The fact, however, remains that no arrests or punishments have yet been inflicted to the culprits. On March 20, 1998 one Mrs. Jayanti Prabha Chakma (32) of village Madyo Boalkhali under Dighinala thana was raped by a Bengali settler while she was lonely working at their own land. The victim suited a case but no action has taken by the govt. authority against the perpetrator. Another Kantimoy Chakma of Gabochari village under Dighinala Thana was killed on March 29, 1998 on his way to home with his bullocks that received from the government.

 As because of pernicious habits, the Bengali settlers are intensifying their attack on the Jumma peoples, grabbing the properties insanely without any reason. The local government administration manned by Bengali Muslims has miserably failed to demonstrate their efficiency and neutrality in solving the problems. Besides, the army have been continuing to exercise their wield strong influence on the civil administration. The General Officer Commanding (GOC) of Chittagong Division is still holding the Chairmanship of the CHT Development Board. The Jumma peoples are now feeling insecure as the miscreants are impavidly doing those incidents one after another and the law enforcing agencies are not taking any proper action thereof.

 According to Sec. D16 (b) of the agreement, the government has not yet released the JSS members and supporters with impunity who are now in jail under the custody of the government. It is the obligation of the government to withdraw all the cases or warrants instituted against the members of JSS and/or exempt ail punishments that inflicted in absentia but no cases have been withdrawn as yet. [The detailed and more specific report on up-date situation of CHT is annexed.

 

Synopsis on Post Agreement Situation

 The “Peace Treaty” was signed between the Government of Bangladesh and the Parbatya Chattagram Jana Samhati Samiti (PJJSS - hereinafter referred as JSS) on December 02, 1997. The Treaty has received both support and opposition from various parties involved in the CHT issues. The treaty has become a sore subject in the Bangladesh politics. As some of the opposition political parties have been openly campaigning against the treaty just to capitalize their political interests, hence creating chaotic situation. Moreover, some of the government officials shirked their responsibilities and hence facilitated the activities of the anti-treaty agitators. Unfortunately, due lack of knack to handle the problems and decisive action of the government, the withdrawal of army, settlers, squatters from the CHT as well as the implementation process of treaty is being hampered, delayed and uncertain.

 The cruxes of the problems include withdrawal of Bengali settlers and army, impunity and release of all Jumma prisoners, formation of regional council, rehabilitation and reinstatement of services of the repatriated refugees and proper implementation of all the terms and conditions of the peace accord. The government is, however, eluding from their written agreement and verbal commitments that they made with the JSS leaders. Rather the government is trying to cajole the Jumma Peoples and world community even blaming the opponents as if to evade their responsibilities to some extent. It is the obligation of the government to implement the treaty properly as well as to find out the root causes of the problems and its solutions.

 Yet another remarkable facet is that the government, national and international business entrepreneurs and the non-governmental organizations expressed their keen interest to invest and launch out into various so-called development programs in this region. In the meantime, some NGOs have already undertaken projects/programs and seeking fund from the donors although Jumma Peoples have not been consulted before taking such initiatives. According to the critics, it will indirectly undermine the development and eventually affect their socio-cultural, economical and political systems. The projects are, however, floated instantly by the top management of those organizations without assessing the needs of the target beneficiaries at the grass roots lever.

 The Jumma refugees and evacuees had returned with cherished desire that they already achieved indefeasible rights through the treaty to live their homeland in peace. But, the cloak & dagger politics has now become the cause of agony and insomnia of these repatriated Jummas. “The opponent politicians of the CHT accord were trying to destabilize peace through killings and abductions” as recently alleged by the Home Minister in the parliament. He also said that those who are opposing the CHT agreement are resorting to armed attacks and provoking communal crash in the region.

 Due to cultural predicament and because of insinuating propaganda about the treaty, the Bengali settlers, squatters, the vested interested groups all of them are willfully creating chaos and unrest situation in CHT since the signing of the agreement. Moreover, some of the Bengali Muslim officials in both civil and military administration are interpreting about the treaty in a distorting way and insidiously favoring the anti treaty agitators. As a result, the Jumma peoples are now solicitously passing their days in a precarious situation.

 It was expected that the Peace Accord would serve as landmark success to establishing peace in the CHT and pave the way for improved relations. The peace and implementation process of the accord has now about to be thwarted due to sheer lack of mill and guts of the government. The delay and negative attitude of the government in formation of interim CHT Regional council as proposed by the JSS leaders has undermined the relationship between the parties. The sources said that the government’s approach for inclusion of their loyal Bengali partisans in the body of CHT Regional Council is one of the factors to deteriorate the situation. The nub of the problem is that the government always focusing her victory like a braggart with dissimulation but not taking the helm to utilize its wield power to resolve the crisis. Moreover, some of govt. official’s delinquency and despiteful manner with the Jumma peoples is another factor for the discontentment in CHT.

Nevertheless, there had been no report of infringement or reprisal activity done by the JSS members. The evidence so far indicates that the speculation of the Jumma peoples has not totally been shattered as yet. But, the current despondency would eventually yield invidious relationship even it can go further on the brink of impasse between the two signing parties if the government fails to response the hue & cry of the JSS and not takes sincere attempts to implement the treaty forthwith at any cost.

 Implementation of the Treaty

 The quintessential part of the aspired peace in CHT depends upon the implementation of the treaty. Therefore, the main obstacles in the implementation of the treaty were identified, which are as follows:

An outstanding fact is that the proper implementation of the treaty mainly depends upon the whole-hearted will and decisive action of the government. The reasons of resentment of Jumma peoples are many but the following facts have been identified as main factors that also seems to be contradictory of the treaty and peace process. As such the question of sincerity of the government arose in minds of the Jumma peoples.

  1. The Rangamati hill District Council (amended) Bill, 1998 passed in the parliament which is not consistent with the original text of the agreement rather it is one kind of distortion of the agreement;
  2. The civil administration in the CHT has not yet been free from the military intervention. The General Officer Commanding (GOC) of Chittagong Division is still holding the Chairmanship of CHT Development Board;
  3. The government has not dismantled any of military camps till today;
  4. The proper rehabilitation to the refugee returnees and JSS members has not yet made by the government;
  5. The Jumma peoples have not yet got back their lands, which were illegally occupied by the settlers, squatters and military;
  6. The JSS members and supporters have not released from the jail till today;
  7. The Regional Council shall have to be the apex body in CHT to oversee local government, law & order and development activities. But, the ad-interim Regional Council has not yet constituted with the members selected by JSS as per verbal commitment of the govt. Rather, the govt. is trying to include some of stalwarts in the body avoiding their assurance in this regard. The delay in formation of the interim RC is indirectly helping the opponents of the treaty;
  8. The government made verbal commitment to dismantle the cluster villages of the settlers and will stop supplying ration to them. But, no such step has yet been taken rather the govt. is providing more facilities and preparing new projects for their rehabilitation, whatsoever.
  9. The government is committed to abolish the existing so-called Village Defence Party NDP), but no action has yet been taken in this regard;
  10. The government officials are not taking any initiative(s) to recover the lands from the occupiers and hand over the possession to its real owners;
  11. The officials whom are associated with the lands are now issuing false and back-dated land ownership document to the settlers;
  12. The government is not taking necessary measures to protect the Jumma peoples from the attacks of Bengali settlers and from the hands of the party goons of Bangladesh Nationalist Party (BNP), Jamaat-E-Islami, Jatiyo Party and so on;
  13. No such step has yet been taken to constitute the “Land Commission” to settle the place and land affairs disputes;
  14. No arrests or any legal action has yet been taken against the perpetrators who committed rape, murder(s) to the Jumma peoples;
  15. No step has yet been taken to reinstate in the service of the repatriated refugees and members of JSS at their former posts;
  16. The government has not extended its support to indemnify the victims of atrocities who lost their houses due to fire that ignited by the Bengali settlers;
  17. The depletion of natural resources (like hunting of animals and cutting of trees etc.) by the Bengali settlers in collaboration with the army and administration has not yet stopped;
  18. The visit of foreigners in the CHT region is still under the government censorship;
  19. The Bengali settlers have been continuing their oppression and extortion in connivance with some of the personnel from Law & Administration and also instigation from the anarchist politicians.

Therefore, few specific proposals with a call for heedful decisive action to implement the treaty are being propounded hereunder to:

Bangladesh government

  1. To invite an “International independent Monitoring team” acceptable to both the parties (Bangladesh government and JSS) in order to evaluate the situation and monitor the implementation of the treaty. The terms of reference (TOR) of the proposed team will be determined jointly by both the parties;
  2. To formulate a “SMART” (Specific, Measurable, Achievable, Result Oriented and Time-bound) and participatory “Program and plan of Action on CHT” to implement the treaty;
  3. To take all necessary measures to get rid of the hurdles and expedite the process of implementation of the treaty as per program and plan of action in pursuance to the provisions of the agreement. In order to solve the CHT problems, it is very urgent to implement the Accord properly as soon as possible. For this purpose, the government of Bangladesh should take the following steps and measures as early as possible:

1. Enactment of laws

  1. To amend the inconsistencies included in Rangamati Hill District Local Government Council (amended) Bill, 1998 in the next budget session scheduled to be commenced on June 10, 1998 and to postpone gazette notification for enactment of this Act till amendment of the inconsistencies;
  2. To issue gazette notification for enactment of the CHT Regional Council Act, 1998; Khagrachari HDC (amendment) Act, 1998; and Bandarban HDC (amendment) Act, 1998 as early as possible.

2) Constitution of Interim CHT Regional Council

To constitute an Interim Chittagong Hilt Tracts Regional Council as settled amicably before signing the treaty and in accordance with the agreement at the earliest.

3) Demilitarization

  1. In order to function civil administration without intervention / or involvement of the Bangladesh Security Forces, the region must be demilitarized;
  2. All the camps of Bangladesh Army, Ansar and VDP must be dismantled;

4) Rehabilitation of Jumma peoples

  1. Repatriated Jumma refugee families should be rehabilitated through giving back of their lands and homesteads and providing other related facilities as per 20 points Economic Package;
  2. Internally displaced and forcibly relocated Jumma Peoples should be rehabilitated as soon as possible;
  3. JSS returnees also should be rehabilitated properly;
  4. Ration and other facilities should be provided to the Jumma Refugees, internally displaced peoples and members of JSS till their proper rehabilitation;
  5. Land-less including disadvantaged Jumma peoples should be rehabilitated.

5) Withdrawal of Bengali settlers and their rehabilitation

  1. The government should withdraw the Bengali settlers from CHT to other plain districts and arrange their rehabilitation;
  2. Supply of free rations should be stopped and the government should dismantle cluster villages.

6) Release and withdrawal of cases

  1. JSS and other permanent Jumma residents involved in JSS activities should be released from jail unconditionally;
  2. Ail the cases and punishments of JSS members and other permanent Jumma residents involved in JSS activities should be dismissed.

7) Constitution of the Land Commission

As per Accord the Land Commission should be constituted to settle all land disputes as early as possible.

8) Development Programs

  1. Development programs should be formulated mainly on agriculture, horticulture, pisciculture, education, health and sanitation, drinking water, youth and women welfare etc.;
  2. Development program should be formulated for afforestation, land development and soil conservation, maintenance of roads and bridges etc.;
  3. Development programs should not be formulated to further construction of road networks. Because, it is no more necessary for the time being. Moreover, it will definitely be harmful for ecological balance in CHT.
  4. Development programs formulated for CHT should be implemented through such bodies or organizations that are favorable for the Jumma peoples;
  5. No such development programs should be formulated that may help rehabilitation of Bengali settlers in CHT;

iv) To allow access in the CHT region to all foreign delegates, journalists, human rights, environmental, support, solidarity group(s) including independent peace keeping initiative group(s) without any restriction.

 

International Community

  1. To form an ‘Independent Monitoring Team’ and visit CHT to witness the post-agreement situation and implementation of the treaty;
  2. To urge the Bangladesh government to honor its obligation and pursue the withdrawal of Bengali settlers from CHT region and their rehabilitation to the plains;
  3. To intercede and take all possible measures to ensure implementation of all terms & conditions of the accord,.
  4. To extend support and cooperation in assessing the needs; designing a perspective plan in the priority areas and its implementation;