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ACHR REVIEW
[The weekly commentary and analysis of the Asian Centre for Human Rights (ACHR) on human rights and governance issues]

Embargoed for 25 August 2004
Index: Review/35/2004

The Ravaged Hills of Bangladesh

The recent devastating floods, the growing Islamic fundamentalism, the attacks on opposition leader, Sheikh Hasina Wazed on 22 August 2004 and the funeral of those killed in the attack on 25 August made much of the recent international news on Bangladesh. However, fostering of Islamic fundamentalism in the Chittagong Hill Tracts by the authorities in Dhaka fails to draw even the attention of the national media.

At around 11 p.m. on 3 August 2004, about 50 Bengali settlers from Kalabanya of Aimachara Union led by Union Parishad (Council) member Tamir Ali launched brutal attack on Barun Kumar Chakma and his family members from Dhandachara village of Bhushanchara Union under Barkal Thana in Rangamati hill district. Barun Kumar Chakma was killed on the spot while his wife Subarna Chakma and son, Kampan Chakma, were brought to Rangamati hospital, about 50 miles away from the victims' village on 4 August 2004. Subarna Chakma succumbed to her injuries while Kampan Chakma was referred to the Chittagong Medical College Hospital.

		In the post Chittagong Hill Tracts Peace Accord period since December 1997, such attacks on indigenous Jumma peoples have replaced the organised massacres that characterised the repression on the Jummas between 1976 and 1992. The attacks are aimed to terrorise indigenous Jummas to grab their lands. In April 2003, the army and illegal plain settlers burnt down indigenous houses at Bhuiochari village under Khagrachari district after indigenous peoples asked the settlers to stop encroaching onto their lands, and to dismantle the houses they had built. The army encircled Bhuoichara village and forced the indigenous people out of
Master Kampan Chakma attacked by settlers

their homes while the settlers looted and burnt down the houses.

On 26 August 2003, Bangladesh army and illegal plain settlers completely burnt down ten indigenous Jumma villages under Mahalchari Upazilla (sub-district) under Khagrachari district. Hundreds of indigenous Jumma peoples fled from their villages and were displaced. Nine month old baby, Kiriton Chakma was snatched from grand mother, strangulated to death in front of his grand mother, who was then raped by Bangladesh army personnel. The illegal plain settlers and security forces also raped about 10 Jumma women and girls. Two parliamentary teams – one from the ruling Bangladesh National Party and the other from the opposition political party, the Awami League – visited the affected areas respectively on 8 and 9 September 2003. The United Nations Development Programme also made an assessment of the damages. Yet, both justice and effective rehabilitation eluded the victims.

The root of the CHTs crisis lies in the policies of the government of Bangladesh which seek to establish homogenous Bengali muslim society by destroying the district identity of the indigenous Jumma peoples. About 500,000 illegal plain settlers were implanted into the CHTs during 1979-1983 by providing inducements. The CHT Accord not only failed to address the issue of the implanted illegal settlers but settlement of illegal settlers intensified. Member of Parliament and CHTs Development Board Chairman Abdul Wadud Bhuyan has been using the funds of the CHTs Development Board for settlements of thousands of illegal Bengali settlers through the establishment of “Wadud Pallis” (Wadud Villages), named after himself.

More than 100 new illegal plain settler families were settled in the lands of the indigenous Jumma peoples in Lalchari area under Ramgarh sub-division in Khagrachari hill district in July 2004. As they started building foundations for house construction, on 11 July 2004, indigenous Jummas protested and managed to destroy some foundations of the houses. Hundreds of illegal plain settlers led by Wadud Bhuyan organised a rally in Ramgarh on 18 July 2004 to protest the incident under the banner of the Parbatya Sama Adhikar Andolan (Hill Equal Rights Movement), an organization of the Muslim settlers.
		Ms. Subarna Chakma attacked and killed by plain settlers

After the Jana Samhati Samiti (JSS) and its erstwhile Shanti Bahinis were de-fanged after their surrender, the government of Bangladesh refused to implement the CHTs Accord apart from selecting the JSS members as members for the CHTs Regional Council. The implementation of the provisions relating to the Land Commission is a clear example.

Though the Accord was signed on 2 December 1997, only one day before handing over power to the caretaker government prior to the 2001 general elections that the Awami League government passed the CHTs Land Dispute Settlement Commission Act, 2001. Indigenous peoples rejected the Act, among others, because of the arbitrary powers of the Chairperson to provide final judgement in the event of lack of consensus among other members; the exclusion of Jumma refugees who returned to the CHTs under the 1992 repatriation agreement from the ambit of the Land Commission; and the exclusion of the internally displaced Jummas from the scope of the Act.

Nonetheless, in November 2001, Judge A.M.M. Rahman (retired) was appointed as chairperson of the Land Commission. However, until today other members of the land commission including the representatives of the Hill District Councils and the Regional Council, as well as the traditional Chiefs, have not been formally appointed to the Commission. By May 2003, over 35,000 cases had reportedly been lodged with the commission. The Land Commission has become a joke as the illegal settlers, government officials and the government continue to grab the lands of the indigenous peoples.

The illegal settlers are aided by the Bangladesh army and the police. Article 17 (a) of the peace accord provided that “with the members of the PCJSS coming to normal life, all temporary camps of army, ansar and village defence force in Chittagong Hill Tracts excepting Bangladesh Rifles and permanent cantonments (three in three district headquarters and in Alikadam, Ruma and Dighinala) will be gradually brought back to the permanent places and a deadline for this will be fixed.” Six and half years since the JSS cadres came to normal life, only 31 camps of the estimated 520 temporary camps have been withdrawn so far. Contrarily, Bangladesh government has been occupying thousands of acres of lands for military purposes and has been establishing more military camps.

The presence of the army also resulted into serious human rights violations. On 23 August 2004, Rinku Chakma, a UPDF supporter, was killed in military custody in Matiranga of Khagrachari district, after being subjected to serious torture at the Matiranga bazzar in full public view as well as in the army camp. On 6 August 2004, five members of the United Peoples Democratic Front (UPDF), Jotish Chakma , Sadhan Moni Chakma, Rosomoy Chakma, Borkul Chakma and Bhubon Moni Chakma were arrested under a false case (No. G.R. 167/04) at Khagrachari police station. President of the Hill Students Council, Mithun Chakma, Vice President Rupan Chakma, President of the Hill Watch Human Rights Forum, Ms Sonali Chakma were brutally beaten up with firewoods. The arrest and torture of ordinary Jummas is a commonplace.

The fratricidal killings between two Jumma political parties, the Jana Samhati Samiti and the United Peoples Democratic Front (UPDF) have not helped to improve the lot of the Jumma people. Rather the situation of common Jummas has deteriorated further. Hundreds of indigenous Jumma peoples have been killed, maimed and kidnapped by both the parties. The refusal of the Jana Samhati Samiti, with the aim to claim itself as the sole representative of the Jumma people, to even sit for dialogue with the UPDF has excluded any possibilities for peace. This is despite the fact in addition to the UPDF activists, at times, the JSS cadres too have been victims of atrocities by the Bangladeshi security forces. Common Jummas are left to defend themselves.

The survival of an indigenous people who are minority in the country depends on their unity and ability to ensure their indispensability in the electoral politics of the country. The homogeneity of the majority Bengali Muslims has turned Bangladesh into tyranny of the majority with little or no space for the minorities. The systematic dispossession of millions of Hindu Bengali minorities from their lands under the Enemy/Vested Properties Act is a clear testimony. The atrocities against the Ahmedias and the refusal to grant citizenship to non-Bengali speaking Bihari Muslims do not portend well for the future of the indigenous Jumma peoples. Since less than a million indigenous Jumma peoples are absolutely insignificant in the electoral politics of 160 million people of Bangladesh, the regime change in Dhaka irrespective of whether it is the Awami League, Bangladesh National Party or the Jamaat-I-Islami makes no difference. When self-proclaimed indigenous leaders can sacrifice the survival of their people and democratic plurality just to cling on to a powerless body such as the Chittagong Hill Tracts Regional Council, colonial divide and rule policy is bound to be successful.