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Saturday, May 24, 2014

"Marginalization and Impunity: Violence in the Chittagong Hill Tracts of Bangladesh", side event held during the 13th session of the UN Permanent Forum on Indigenous Issues (UNPFII)

Kapaeeng Foundation, International Chittagong Hill Tracts Commission (CHTC), International Work Group for Indigenous Affairs (IWGIA), and Shimin Gaikou Centre organized an event titled "Marginalization and Impunity: Violence in the Chittagong Hill Tracts of Bangladesh" during the 13th session of the UN Permanent Forum on Indigenous Issues (UNPFII) on Monday, May 19, 2014 at the UN FF building in New York.

Elsa Stamatopoulou, Co-chair of the International CHT Commission, and Director of Columbia University’s Indigenous Peoples’ Rights Program, said that the 1997 CHT Accord has been stagnating as it is still not being implemented by the government in any meaningful way. She added that impunity was not new in the CHT as major massacres and the burning of villages, as well as systematic rape and limitations of religious freedom in the CHT have not been investigated in any fair and impartial way by the state in the past decades, both before and after the Peace Accords. In addition, the systematic, state facilitated settlement of the area over the years coupled with land-grabbing, the displacement of Indigenous Peoples by the state, especially by settlers instigated or supported by the state/the army, is worsening the human rights situation. She said that, as is established under international human rights law, governments bear the primary responsibility to respect, protect and fulfill the human rights of the people in their countries, while the international community along with the human rights and other UN bodies also have a responsibility to promote and monitor the respect of human rights. In that regard she mentioned a call by the UNPFII to the Department of Peace Keeping Operations (DPKO) to develop a mechanism to strictly monitor and screen human rights records of the Bangladesh army personnel prior to allowing them to participate in peacekeeping operations under the auspices of the United Nations. She also pointed out that there was responsibility in the UN system, as well as bilateral donors, to promote respect for human rights and peace through their engagement with the Government of Bangladesh. Another aspect of international responsibility lay with the exercise of international criminal justice, as expressed via the Rome Statute on the International Criminal Court (ICC), which has been ratified by Bangladesh.

Devasish Roy, the Chief of the Chakma Administrative Circle and the Expert Indigenous Member from Asia to the UN Permanent Forum on Indigenous Issues since 2011, spoke about identity, demographic engineering, and implementation of the 1997 CHT Accord. He said that although the Government of Bangladesh refuses to acknowledge the existence of indigenous peoples in the country it has ratified the ILO Convention No. 107 in 1972. The convention’s provisions apply equally to “indigenous peoples” as they do to “tribals”. International human rights law does not distinguish between tribals and indigenous anymore. Roy further mentioned that Bangladeshis would be better peace keepers if they respected human rights in their own country. The military presence in the CHT should not be just be seen in term of their numbers, but also their role in civil matters. He pointed out that it was very difficult for indigenous peoples’ NGOs working on human rights issues, as NGO Bureau registration is denied to them in a discriminatory manner, depriving them from receiving direct foreign assistance. He felt that they might have to seek redress in the Supreme Court if the current trend of discrimination against them did not end. He expressed disappointment that even though since independence in 1971 it has been common for bills approved in the cabinet to be almost automatically passed in parliament, the amendment bill of the 2001 Land Commission Act has not followed the same trend. The Government of Bangladesh cited the need of “inclusiveness” for the delay in passing the amendment Act in parliament, which was totally unacceptable, given the decade-long delay over the matter. Deprived of remedies at home, the indigenous peoples of Bangladesh have no option but to seek support in international human rights processes, but they need support from other human rights actors in the process. Talking about government-sponsored settlers in the CHT, Roy said that food rations were provided to them, unlike other sections of the CHT population, in a discriminatory manner, merely to minoritize the indigenous people, leading to ethnic conflict and tension over land and other matters.

Jennifer Tauli Corpuz, an indigenous woman from the Mountain Province in the Philippines and a lawyer by profession, who coordinates the Legal Desk of Tebtebba Foundation (Indigenous Peoples' International Center for Policy Research and Education) said that she visited Rangamati and Khagrachari in the CHT in 2009 and felt nervous by the fact that she had to be registered at the entrance by the security forces . Speaking about indigenous people’s access to justice in Philippines she pointed out that the approach is defined in law. The law in the Philippines says that indigenous people have the right to resolve conflicts among themselves in their territory. Appeals can be made to higher courts if that doesn’t work out. She said that the Philippine approach has been to strengthen indigenous people’s systems and sensitize communities on the rights of women. She thought that the indigenous people’s advocacy was on the right track as they were using the international advocacy mechanism but it was also important to do better documentation work. She said that although Bangladesh has ratified most of the human rights treaties the Government of Bangladesh does not implement the treaties’ provisions and seems to be insensitive to international pressure.

Bipasha Chakma, a human rights activist and a researcher for Kapaeeng Foundation, spoke about research she conducted on sexual violence against indigenous women in the CHT. She said that indigenous women face discrimination based on gender and ethnicity but the Bangladesh National Women’s Development Policy (NWDP) did not address the issue of violence against indigenous women and in the parliament there are no reserved seats for indigenous women. Although the Indigenous and Tribal Populations Convention, 1957 (No. 107) was ratified by Bangladesh it has yet to be implemented and ILO Convention no.169 is yet to be ratified. She pointed out that during 2007-2013 at least 245 cases of violence against women were carried out and none of the perpetrators were prosecuted through the formal justice system. Based on her research she found that the root causes of such violence could be found in non-implementation of the CHT Accord, impunity, land grabbing, and militarization. She pointed out that there was a lack of systematic documentation of these cases and access to legal procedures. The biased and corrupt administration led to this situation at the courts.

A report titled “Marginalisation and Impunity: Violence Against Women and Girls in the Chittagong Hill Tracts” written by Dr. Bina D’ Costa of Australian National University and published by the International Chittagong Hill Tracts Commission (CHTC), International Work Group for Indigenous Affairs (IWGIA) and Bangladesh Indigenous Women’s Network (BIWN) was disseminated at the event. The report looks at cases studies of violence against women in the CHT during the period 2011-2012 and emphasizes that militarization and transmigration programs illegally settling Bengalis in the CHT have created extreme vulnerability and poverty for the indigenous peoples, and have deeply affected indigenous women’s and girls' safety and security in the CHT. The report identifies that impunity has been the most important factor contributing to increased incidents of sexual and gender based violence in the CHT and the biases of the administrative, political and judicial systems prevent access to equality and justice by indigenous peoples. The report places several recommendations to the Government of Bangladesh and to civil society groups based on the findings of the research.
Lola Garcia, the Executive Director of the International Work Group for Indigenous Affairs (IWGIA) moderated the event.

Indigenous rights researcher/adviser of Amnestly International Mr. Chris Chapman, Advisor of Kapaeeng Foundation Mr. Mangal Kumar Chakma, executive director of KF Mr. Pallab Chakma, assistant general secretary of Bangladesh Indigenous Peoples Forum Mr. Binota Moy Dhamai, PCJSS member Ms. Ujana Larma Talukdar, Jumchab Metta Foundation’s executive Ven. Shubhadarshi Bhikkhu, coordinator of International CHT Commission Ms. Hana Shams Ahmed, coordinator of Maleya Foundation Mr. Dipujjal Khisa and international delegates of indigenous peoples organisations and human rights organisations attended the event.

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courtesy:

Kapaeeng Foundation
(A Human Rights Organization for Indigenous Peoples of Bangladesh)

Joint statement by Pallab Chakma on “Study on best practices and examples in respect of resolving land disputes and land claims"

Following is a joint statement, delivered by Pallab Chakma on “Study on best practices and examples in respect of resolving land disputes and land claims". In his statement, Pallab Chakma highlighted the land issues of Chittagong Hill Tracts.



Friday, May 23, 2014

Ambassador Ib Petersen, representing Denmark, Norway, Sweden and Finland criticizes Bangladesh government for inactive CHT land commission and not implementing CHT accord

Ambassador Ib Petersen, representing Denmark, Norway, Sweden and Finland, criticizes Bangladesh government at the 13th session of UNPFII for inactive CHT land commission and not implementing CHT accord:

Ujana Larma Talukdar, on behalf of Bangladesh indigenous peoples' organizations intervened on agenda item 8, at the 13th session of UNPFII

Ujana Larma Talukdar, on behalf of Bangladesh indigenous peoples' organizations intervened on agenda item 8: "Future work of the Permanent Forum, including emerging issues". On her statement, she asked the Forum to encourage the member countries to use proper term to address their indigenous peoples.


Ujana Larma Talukdar. Photo courtesy: Broddi Sigurðarson, United Nations

Ellen Dictaan Bang-oa from Asia intervenes on Agenda Item 5: violence against indigenous women

Ellen Dictaan Bang-oa from Asia intervenes on Agenda Item 5: violence against indigenous women at the 13th session of UNPFII. Her statement includes the alarming situation of indigenous Jumma women in Chittagong Hill Tracts.

Photo courtesy: iphrdefender


Indigenous activist Sumshot Kular from Asia presents situation of IPs in South Asia at UNPFII

Indigenous activist Sumshot Kular from Asia presents situation of IPs in South Asia (including the ips of Bangladesh) at UNPFII:


Photo courtesy: iphrdefender
 

Statement by Binota Moy Dhamai on Agenda Item 4: "Human Rights"

Following is the statement, delivered by Binota Moy Dhamai on Agenda Item 4: "Human Rights" at the 13th session of UNPFII on behalf of Bangladesh Indigenous Peoples' Forum:

Binota Moy Dhamai reading his intervention. Photo courtesy: iphrdefender.

Statement by Mangal Kumar Chakma on agenda item "human rights"

Following is the statement delivered by Mangal Kumar Chakma on agenda item "human rights", on behalf of Asia Caucus, at the 13th session of UNPFII:


Indigenous activists from Asia: Mangal Kumar Chakma and Binota Moy Dhamai (From left). Photo courtesy: Pallab Chakma

Intervention by Raja Devasish Roy on implementation of the UNDRIP

Following is the intervention, made by Raja Devasish Roy on implementation of the UNDRIP at the 13th session of UNPFII:

Photo courtesy: UNPFII



Intervention by Devasish Roy on "the study on the doctrine of discovery"

Following is the intervention, made by Raja Devasish Roy on "the study on the doctrine of discovery" at the 13th session of UNPFII

Photo courtesy: Pallab Chakma

Study on best practices and examples in respect of resolving land disputes and land claims- study by Raja Devasish Roy

Following is the study on "best practices and examples in respect of resolving land disputes and land claims"-  by Raja Devasish Roy, presented at the 13th session of United Nations Permanent Forum on indigenous issues:


Photo courtesy: UNPFII



Friday, May 16, 2014

Indigenous Jumma peoples continue facing land grabbing and violence- speaker says at the UNPFII session

Following is the statement delivered by indigenous rights activist Binota Moy Dhamai at the 13th session of UNPFII on agenda item 3:

photo: iphrdefender
 



Wednesday, May 14, 2014

Horrific report from Kapaeeng foundation on violence against indigenous women in Bangladesh!!!!

Kapaeeng Foundation and Bangladesh Indigenous Women’s Network
Report on Violence against Indigenous Women (January- April 2014)

Through its Election Manifesto 2014, present ruling political party of Bangladesh has pledged to ensure enforcement of laws pertaining to violence against women, sexual harassment, discrimination, and trafficking of women and children and to end human rights violations against indigenous peoples. Moreover, it has also pledged to ensure commensurate punishment of the accused persons involved with violence against women during the review of the human rights situations of Bangladesh on 29 April 2013 by the United Nations Human Rights Council. Yet it is really a matter of grave concern that violence against indigenous women has been increased alarmingly in Bangladesh in the contemporary period. In the first four months of the year of 2014, 19 cases of sexual violence against indigenous women in the Chittagong Hill Tracts (CHT) and plain land have been reported so far. Of them, two were killed after rape, nine were raped, seven were attempted to rape and one was abducted. Furthermore, 15 cases of violence against Indigenous women were documented in the Chittagong Hill Tracts and four in the plains. It has been revealed from the cases that most perpetrators are Bengalis and two cases have been committed by members of the law enforcing forces. The recent cases of violence against indigenous women are comparatively higher than any other time in the past. It is mentionable that according to the Kapaeeng Foundation’s Human Rights Report on Indigenous Peoples in Bangladesh 2013, there have been 67 cases of violence against indigenous women and children of which 54 were from the CHT and 13 from the plains in 2013.

The mobile court has punished a perpetrator of rape incident, occurred on 10 April 2014 in the plains to six months imprisonment. Whereas, there have been no example in the context of CHT where the perpetrator is punished. Even though a large number of cases have been filed in connection to the violence against indigenous women, only in few cases police arrested the perpetrators. Most of the time local people handed over the perpetrator to the police, but the police did not arrest any of the culprits by their own initiatives. Moreover, it has been found that though police filed the cases, no adequate measures have been undertaken against such heinous crime so far. Even if police arrest, the perpetrators get released because of the weak charge sheet of the police.

Performing medical test of rape victim is also a matter of great concern. There have been no initiatives taken for medical test of sexual violence cases, especially the rape cases. So far medical test of two rape victims have been done and result came for one report as negative which has not been handed over the victim’s family and the other one has not been published yet. There is an allegation that medical examinations of the rape cases are not done on due time to dissolve the proofs as well as to conceal the fact. It is stated clearly in the Women and Children Repression Prevention Act 2003 that the doctor will be responsible for not doing the medical test on time and such kind of behavior will be considered as misconduct of the doctor.

For example, on 7 February 2014 when a 19 years old Marma girl was raped, the then medical officers at Khagrachari Sadar hospital played a passive role for conducting victim’s medical test. Even a doctor told a journalist that ‘the incident has happened willingly by the victim’. The doctor further added that the similar incident has also been occurred previously by the self will of the victim. Such mind set of the doctor implies stigmatization, negative impression on indigenous women that leads to providing biased medical report. After contacting several times to the doctors the victim family did not get the test report yet. However, through a reliable source, it is learnt that the test produced a ‘negative’ report. Notwithstanding, the perpetrators Shahidul Islam, Mahmubul Alam and Billal Hossain confessed about their misdeeds based on the complaint by the victim. It is mentionable that the perpetrators were caught by the local Bengalis. Despite the confession by the perpetrators of the incident, the medical report was negative. One of the major reasons is that the negative attitude of the doctors and the pressure from influential governmental party upon doctors.

There is a common allegation against the local administration and the police that they try to support Bengali perpetrators of rape cases. The same allegation was also raised for the case of Sabita Chakma, a women who was killed after rape in Khagrachari district on the 15 February, 2014. Police did not refer to the name of suspected laborers intentionally in the rape case of Sabita Chakma. Sabita was killed after rape on the 15th February 2014. The police did not show any interest to arrest the perpetrators.

In the time of the incident, the Bengali settlers Mohammad Razzak from Bhuachari, Zialul Haque from Gajpara, Mohammad Anwar from Bhuachari were collecting sands with the Ferguson tractor from the bank of Chengi River. Sabita’s sandal, swatter, mower and a mower bag was found on the ground near to the place of collecting sand. It was evident from the mark of mobil and oil on Sabita’s body that the laborers were involved in the case. On that day the tractor was being repaired by the settlers on the spot. It indicates that people who were on the tractor were allegedly involved in rape and killing of Sabita Chakma. In the meantime the victim’s husband, Deb Ratan Chakma went to file a case against the suspected perpetrators. No sooner the Bengali settlers heard this; they started creating mobs and began to attack on indigenous peoples’ habitation on 25th February, 2014. On the same day some settlers organized a human chain procession in Bhuachari Settler Para and Shalban locality. After the human chain procession, the settlers encircled Kamalchari Union with communal antagonistic/hostile slogan riding on three Jeeps. They attacked two indigenous women by striking bricks on them. It was the cremation ceremony of Sabita Chakma on that day. When some indigenous boys and men tried to stop Bengali settlers’ miscreant, they became agitated and haunted on the indigenous inhabitants. As soon as the Bengali settlers got Mr. Panekya Chakma (32) alone, they started to beat him with sharp arms. A group of Ansar (para military) came to the spot and one of the Ansar personnel named Rassel also started to beat Mr. Panekya. The settlers again started to beat Ananda Lal Chakma (45) severely. Later on, the local people rescued them and took to a local hospital. On the next day on the 26th February 2014 the settlers again attacked on Betchari in Kamalchari Union. They also destroyed the Buddha statue, tables, mike of “Chaitya Adarsha Buddhist temple” in Christian Para Paschim Adam. When local indigenous people tried to oppose such catastrophe, the two parties, both the settlers and the indigenous peoples engaged into counter attack. As a consequence, three indigenous inhabitants were injured. The local people complained that the attack was planned to divert the situation and protect the Bengali laborers.

A research, conducted by Kapaeeng Foundation in 2013, unearths that the causes behind sexual violence against indigenous women are the communal policy of the state, culture of impunity enjoyed by the culprits, prolonged procedure of legal prosecution and biased environment, lack of legal knowledge among the indigenous population, inexperience of indigenous peoples to continue the legal procedure, corruption and deregulation of the administration and law enforcement agencies trialing the cases of sexual violence, non-implementation of the CHT Accord, paucity of adequate legal and financial support to pursue the cases by the victims and their family members, failure to follow up and review of the cases, lack of security of the victim and victim’s family members, dearth of national human rights organization’sand women’s organization’s commitment to provide adequate support to trial the cases, etc.

The Universal Periodic Review (UPR) of the United Nations Human Rights Council in Geneva has reviewed human rights situation of Bangladesh on the 29th April 2013 in its second session. The UPR session highlighted that the government of Bangladesh affirmed to undertake measures to the full implementation of the CHT Accord, end of the culture of impunity, strict actions to punish the perpetrator who commit violence against indigenous women and children.

The government of Bangladesh pronounced in the UPR that it is determined to the full implementation of the CHT Accord of 1997. Moreover, it mentioned that the government is advancing the implementation process. Further, government stated that the CHT Land Dispute Resolution Commission Act is under process to be reformed and it is going to be presented in the cabinet after the consultation with the CHT Regional Council.

One of the barriers to amend the controversial sections of the CHT Land Dispute Resolution Commission Act of 2001 is lack of government’s commitment. It is noteworthy that at the end of the former government (2009-2013) period, the CHT Land Dispute Resolution Commission (amendment) Bill 2013 was introduced to the National Parliament. However, the Parliamentary Standing Committee on Land Ministry kept it pending. It is crucial to amend the CHT Land Dispute Resolution Commission Act based on the 13point amendment proposals agreed by the CHT Regional Council and the CHT Affairs Ministry for the sake of the security of the indigenous women.

Concurrently, in 2008 and 2014 before the national election, the government promised to establish a separate Land Commission to resolve land problems in the plains in their election manifesto. Nonetheless, it has not taken any significant initiatives to do so.

One of the key objectives to commit sexual violence against indigenous women is to create terror among the indigenous population intrinsically linked to the sexual desire, creation of tension among the indigenous people in order to uproot them from their ancestral lands and ultimately to grab their lands illegally.Even after the 17 years of signing of the CHT Accord the land dispute has not been resolved yet. That is why various types of human rights violation against indigenous peoples such as, violence against indigenous women by the settler Bengalis, continuous attack on the indigenous peoples for the land dispute, killing, arson attack on indigenous villages etc. have been occurring.

In the post CHT Accord period, the major cause of the violence against indigenous women and communal violence is associated to the non-implementation of the CHT Accord. It seems that the government does not come forward to take any adequate action in the context of CHT as it is mostly inhabited by the indigenous population. Simultaneously, with the persistentsupport from the government, the rehabilitation of the Bengali settlers in the CHT, the expansion of the cluster villages of the Bengali settlers, land grabbing, the inclusion of the Rohingya refugees as voters, violation of the CHT Accord by accepting the Bengali settlers as internally displaced persons, issuing permanent resident certificate to the settlers by the District Commissioner, the continuing land settlement and lease to the settlers, etc. have been going on in the CHT.

There has been no illustration where the culprit got absolute punishment for committing sexual violence against indigenous women including rape, killing and abduction in the CHT. Most of the cases the perpetrator remains out of justice. Thus, the victim always is deprived of justice. Such lack of access to justice opens the pathways for the offender to become more interested to do such brutal acts against indigenous women and children.

In recent times, indigenous women are passing days with fear due to the increased propensity of sexual violence committed against them. The family members of an indigenous girl/woman remain tensed and fear until her safe return to home from outside. Despite the government pledged to punish strictly to the peoples who are involved with human rights violation as well as commit violence against women, it has not taken any significant actions for which the situation still remained static.

Therefore, to improve current worried situation of indigenous women, Kapaeeng Foundation and Bangladesh Indigenous Women’s Network (BIWN) forward the following recommendations to the pertinent authority of the state -

(1)To adopt fast and effective initiatives to stop violence against indigenous women and children.

(2)To punish the perpetrators of violence against indigenous women and children.

(3)To provide adequate legal aid, medical support, counselling and compensation to the victim.

(4)To implement the UPR recommendations – elimination of violence against women and culture of impunity that was promised by the government of Bangladesh during the 2nd circle of UPR in 2013.

(5)To fully implement the CHT Accord and for this purpose-

(a)To declare a time bound ‘road map’ for proper and effective implementation.

(b)To form a separate land commission for the indigenous peoples of the plains to recover the dispossessed ancestral lands of the indigenous peoples.

(6)To amend the CHT Land Dispute Resolution Commission Act based on the 13 point amendment proposals finalised by the CHT Regional Council and the CHT Affairs Ministry.

A brief description of Violence Against Indigenous Women from January–April 2014

1.On 5January 2014 a 9 year old Tripura girl was raped byObaidul Haque s/o Nurul Haque Manikchari Upazila under Khagarachari district. No case has been filed in this connection. TK. 12,000 was fined/charged in an arbitration.

2.On 9January 2014 a 13 year old Marma girl was attempted to rape by Aiyub Ali s/o Ajgor Ali in Lama Upazila under Bandarban district. A case was filed with the Naikhyongchari police station. Police released the accused by charging TK. 15,000.

3.On 15 January 2014 a 13 year old Marma child was raped by Jasim Uddin s/o Nurul Islam Nailokkonchari Upazila under Bandarban district. Victim’s father has filed a case with the Naikhyongchari police station. Out of four, one perpetrator was arrested.

4.On 15February 2014 indigenous woman named Sabita Chakma (30) was killed after rape allegedly by Md. Nijam (driver), Md. Razzak, Ziaul Haque and Md. Anwar at Kamalchari union under khagrachari district. A case was filed with Khagrachari police station. ‘Negative’ report found in the medical test. None was arrested.

5.On 18 February 2014 a 28 year old Chakma woman was attempted to rape by Md. Qader, a Warrant Officer of security force at Laxkmichari of Sajek Union under Baghaichari Upazila in Rangamati. No case has been filed. ISPR has denied the allegation and comments - a vested group is trying to create an issue by spreading fabricated information. Even though investigation would carried out and necessary action will be taken if found guilty.

6.On 25 February 2014 a class nine 15 year Marma girl was raped allegedly by Abdul Khalek and Taru Mian at Kumar Para at Amtoli union in Matiranga upazila under Khagrachari district. No case has been filed. Victim was sent to Khagrachari Sadar Hospitl for treatment.

7.On 7 March 2014 a 19 year old Marma girl was gang raped by Shahidul Islam, Mahbub Alam and Billal Hossain Pichlatola union under Manikchari upazila in Khagrachari district. A case was filed with Manikchari police station. Medical test of victim was carried out. ‘Negative’ result found in the report. Local Bengalis handed over three accused to the police.

8.On 14 March 2014 a 13 year old Chakma child was attempted to rape by Md. Ayatullah at Mocchyachara under Panchari upazila in Khagrachari district. No case was filed. None was arrested.

9.On 21March 2014 a 15 year old Marma girl was attempted to rape by Md. Shihab Uddin, Md. Layek, Md. Nasir and Md. Monir Hossain at Betbunia under Kawkhali Upazila in Rangamati District. A case has been filed.

10.On 23 March 2014 a 13 year old Marma girl was raped by Belal Hossain at Tarabunia under at Kalampoti Union under Kawkhali Upazila in Rangamati district. A case was filed. None was arrested.

11.On 26 March 2014 Bharati Chakma d/o Ajay Kumar Chakma was killed after rape by five persons including Tara Mian s/o Tomij Uddin at Korollyachari Headman Para under Mahalchari Upazila in Khagrachari district. Victim’s younger brother Sanjoy Chakma filed a case against five persons including Tara Mian with the Mahalchari police station. Police arrested Johur Ali in this connection.

12.On 2 April 2014 an indigenous woman (19) from Rabidash ethnic community was raped by Haider Ali, a council member of Ghurka Union Council at Buiyagati uttorpara uder Salongga upazila in Shirajgong district. A case was filed. Police arrested Haider Ali.

13.On 3 April 2014 a 16 year old handicapped Chakma girl was raped by Md. Sajib and Md. Shariful Islam at Drungmuk Village in Laxkmichari under Khagrachari district. No case was filed. The settler Bengalis of Moyurkhil cluster village organized an arbitration and the accused persons were battered with stick as punishment.

14.On 4 April 2014 a Patra indigenous woman (35) was attempted to rape by Md. Azizul Haque, Lance Corporal, Para-Commando of military forces at Polaoti village in Khadim nagar under Sylhet district. A case was filed with Shahporan police station. The accused was not arrested.

15.On 5 April 2014 a Tanchangga girl was kidnaped by Dr. Hamja and Dr. Mokhtar from Raju Fattragiri village in Nakkongchari upazila under Bandarban district. No file was filed.

16.On 10 April 2014 a grade X girl belongs Santal community was attempted to rape by Md. Naeem, Md. Shaiful and Md. Rakib at Kadma Fulbari under Godagari Upazila of Rajshahi district. A case was filed with mobile court. The mobile court has been awarded 6 month imprisonment to the perpetrators.

17.On 12 April 2014 a 22 year old woman was attempted to rape by Bitan Barua and three unknown persons at Devasish Nagar in Rangamati Municipality. A case was filed with Rangmati Kotwali police station. Bitan Borua was arrested.

18.On 14 April 2014 a 14 year old Garo girl was abducted and raped by Md. Alif Ahmed, Md. Sher Shah and Md. Ripon at Mohammadpur, Dhaka. A case was filed with Mohammadpur police station. Police arrested three accused persons.

19.On 24 April 2014 a 18 year old Tripura girl was raped by Imam Hossain (25) at Mairungpara at Matiranga Guimara Union under Khagrachari district. No case was filed. Military offered the victim guardian to negotiate in exchange of TK 100,000 instead of filing case.

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courtesy:
Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)

Points on Indigenous Peoples and IDPs in CHT in the US State Department Report 2013

Internally Displaced Persons (IDPs)

Low-level armed conflict in the CHT in the 1973-97 period displaced tens of thousands of indigenous persons internally. During the conflict the government relocated landless Bengalis from the plains with the unstated objective of changing the demographic balance in the CHT toward a Bengali majority.

The IDPs in the CHT had limited physical security. Indigenous community leaders maintained that settlers’ violations of indigenous persons’ rights, sometimes with the involvement of security forces, were widespread.

The IDPs in the CHT also lacked sufficient access to courts and legal aid. The CHT Commission, composed of experts from inside and outside the country who sought to promote respect for rights in the CHT, found that a lack of information and lawyers to assist indigenous persons hindered IDP access to justice. The CHT Commission reported that settlers expropriated indigenous land using false titles, intimidation, force, fraud, and manipulation of government eminent-domain claims (see section 6).

The number of IDPs in the CHT remained disputed. In 2000 a government task force estimated the number to be 500,000 but included nonindigenous persons in its estimate. An Amnesty International report published in June estimated 90,000 indigenous IDPs. The prime minister pledged to resolve outstanding land disputes in the CHT to facilitate the return of the IDPs and to close the remaining military camps. No land disputes were resolved during the year.

Indigenous People

The indigenous community experienced widespread discrimination and abuses, despite government quotas for indigenous participation from CHT residents in the civil service and higher education as called for in the 1997 Peace Accord.

Indigenous persons from the CHT were unable to participate effectively in decisions affecting their lands due to disagreements regarding the structure and policies of the land commission. Strict security measures prevented some indigenous individuals and activists from combating discrimination.

Indigenous persons also suffered from societal violence. According to Odhikar, clashes between ethnic Bengali settlers and members of the indigenous community, as well as other forms of violence, led to 22 deaths, 18 injuries, and six rapes of indigenous people.

On April 4, a truck driver allegedly raped a 12-year-old indigenous Tripura domestic worker in Keranihat Village, Chittagong District. The Tripura Welfare Association of Bandarban gave the girl shelter for her safety and began preparing a written statement against her attacker to file with the local police.

Extensive societal violence against indigenous individuals occurred on August 3 in six villages in the Taindong area of Matiranga, Kagrachari, after rumors spread that indigenous persons had kidnapped a Bengali motorcyclist. Retaliatory attacks against members of these communities caused more than 2,000 indigenous families to flee across the border to Tripura, India, and resulted in 12 injuries, 34 burned houses, two damaged Buddhist temples, and 259 looted homes. Locals reported the BGB stationed nearby did not take adequate steps to prevent the attacks or to stop them after they began. Authorities ultimately arrested 11 persons in connection with the attacks, including the motorcyclist who faked his own kidnapping, but they were free on bail at year’s end.

Criminal proceedings began against 19 of the 540 individuals arrested in connection with the October 2012 destruction of Buddhist religious sites around Ramu. While the prosecution charged suspects in seven cases, the courts did not convict any individuals or issue any sentences. Local religious leaders stated authorities shielded those affiliated with the AL from criminal prosecution. Suspects identified in the official administrative and judicial inquiries remained free.

Indigenous groups and NGOs reported increased monitoring by civilian and military intelligence agencies. The CHT Commission did not conduct its annual reporting missions in the three hill tracts divisions in 2012 or during the year due to its inability to conduct private meetings with local partners in 2011.

The central government retained authority over land use. The land commission, designed to investigate and return all illegally acquired land, did not resolve any disputes throughout the year, as Bengalis and indigenous persons questioned the structure and impartiality of the commission.

Indigenous communities in areas other than the Hill Tracts reported the loss of land to Bengali Muslims. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas but did not undertake any new activities. Indigenous communities, local human rights organizations, and churches in those areas claimed the government had not withdrawn thousands of false charges that the Forestry Department had filed against indigenous residents.

The full report on Bangladesh can be downloaded from: 

www.state.gov/documents/organization/220600.pdf





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courtesy:
Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)

CHTC sends letter to the Prime Minister to nationalise schools in the Chittagong Hill Tracts

The International Chittagong Hill Tracts Commission (CHTC) has called upon the Prime Minister to immediately take steps to nationalise the 228 schools in the Chittagong Hill Tracts (CHT) which face closure otherwise and thereby ensuring 'free and compulsory education to all children’ in order to ‘remove illiteracy’ under Article 17 of the Bangladesh Constitution.

Five indigenous girls and women raped in a month in Khagrachari

Five indigenous girls and women raped in a month in Khagrachari, law- enforcing agencies continue to offer impunity to perpetrators

Since the incident of killing of Sabita Chakma allegedly by some Bengali settlers on 15 February 2014, five indigenous women and girls were subjected to the sexual violence in different places of Khagrachari district. Except three rapists of a 19-year old Marma girl in Manikchari upazila on 7 March 2014, no perpetrator was arrested by the police. Even police did neither arrest, nor tried to arrest any perpetrators of Sabita Chakma killing.

Systematic production of negative results as always, this time two medical investigation reports — killing after rape of Sabita Chakma and rape of another 15-year old Marma girl also found negative. Another medical test report of gang rape of a 19-year old Marma girl in Manikchari upazila is yet to be published. As usual, authority of Khagrachari district hospital is trying to avoid providing the medical report of this incident in order to save the perpetrators, though perpetrators of this gang rape confessed their misdeed before police and public.

It is alleged that the killing case of Sabita Chakma was manipulated and made deliberately weak by the police to save the perpetrators, using ignorance of Sabita Chakma’s husband, Deba Ratan Chakma, the complainant of the report. On 15 February in the evening, Deba Ratan Chakma, along with the name of suspected Bengali labourers and other necessary information went to the police station to file a case. But they failed due to power outage. However, they handed over they names of the suspected Bengali labourers to the police and then left police station for home. In the night, police composed statement/deposition excluding names of suspected labourers and took signature of Deba Ratan Chakma when he reached at police station on 16 February in the morning. As a result, the alleged killers are scot-free and concerned authorities are yet to take any action against them.

It is mentionable that the biggest concern in rape and other violence against indigenous women in Bangladesh is the lack of access to justice and absolute impunity that perpetrators enjoy. In rape cases, the victim ends up going through further harassment from the side of the administration and law enforcers. There have been instances where doctors at hospitals have refused to give indigenous women medical examination or delayed the medical treatments so that the evidences disappear. There is intimidation from the security forces. There have also been complaints about police delaying/refusing to take the case and many have been too fearful to file cases due to this. These and many other administration-led intimidation and harassment ultimately result in the perpetrator getting away with his crime.

A teenage indigenous girl gang raped in Manikchari

Right before the day of International Women's Day, on 7 March 2014 at around 12:30 pm, a 19-year old indigenous girl was gang raped by a group of three Bengali settlers of Pichlatala union under Manikchari upazila in Khagrachari district. Police arrested Shahidul Islam (25) son of Samsul Haque, Mahbub Alam (27) son of Sohrab Howlader, and Billal Hossain (24) son of Fazlur Farazi in this connection.

It is learnt that the victim, who work as a domestic worker in Chittagong district, went to Khagrachari town for a visit in the morning on the day of the incident. After visiting for few hours in the town, she took a Feni bound bus and got off at a place named Jaliapara to catch a Chittagong bound bus to go to her home in Manikchari. Accordingly she managed to catch a Chittagong bound bus from Jaliapara. When the bus reached Gobamara areas, the supervisor of the bus asked for fair. In response, she offered him TK. 10 instead of regular fair of TK. 15 as she did not have any more money left in her purse. But the supervisor nagged her to pay Tk. 15 and forced her to get off the bus at some point.

Some Bengali settlers at a nearby tea stall noticed this incident and asked what had happened. She explained the incident to them and said that she did not have any money left with her to return home. Then they called a local motorcycle driver named Shahidul Islam belonging to Bengali settler community to send her home.

When Shahidul and the indigenous girl reached Pichlatola areas, Shahidul spoke to Sohrab and Billal over mobile phone, and told her that since he did not possess a driving license, they would have to take an alternate route through the jungles. After a little while along that jungle road, Shahidul and Billal appeared as planned over phone. Then all three of them raped her forcibly and left alone in the jungle.

Afterwards, she managed to walk all the way back to Gobamara and informed local Bengali settlers about the incident. The culprits were immediately captured by the locals, led by UP Chairman Abul Kalam, and handed over to the police. The girl was sent to the Khagrachari General Hospital for medical examination on the same day. Medical examination report is yet to be published. The doctors is refusing to provide report.

A case was filed with Manikchari police station by Mr. Chi Thoai Marma, son of Kajo Marma, a relative of the victim. The court sent the perpetrators to the jail.

An indigenous Marma girl raped in Matiranga

On 25 February 2014 at around 11:00 am, an indigenous Marma girl (15) was raped by two Bengali settlers at Kumar Para of Amtali union under Matiranga upazila in Khagrachari district.

It is learnt in the morning on the day of the incident, the victim went out to nearby bush areas to collect wild vegetables. On her way back home two persons named Abdul Khalek, 22, son of Rahim Mian and Mohammad Taru miya, 23, son of late Lal Mian, both from Ramshira Para under Matiranga upazila, belonging to Bengali settler community forcibly raped her. Later the victim was rescued by locals after she they heard her scream.

The victim is a resident of Amtali village and a student of class nine at Khagrachri Technical School and College.

An indigenous woman attempted to rape by security person in Sajek

On 18 February 2014, an indigenous Chakma woman, 28, was attempted to rape allegedly by security person in Laxmichari areas of Sajek union under Baghaichari upazila in Rangamati district.

On the day at around 12:00 am, warrant officer named Md. Kader and one of his bodyguards from Laxmichari camp went to Laxmichari bazaar in order for buying firewood. Later they went to the house of victim near to the market. At that time, the victim was present there alone. Finding her alone, warrant officer Md. Kader took the advantage of the absence of her family members and embraced the victim from the back without her permission and accordingly attempted to rape her. Being suddenly the indigenous woman shouted and people from surrounding areas came to rescue her. Other military personnel immediately rushed to the spot when they got to know about the incident.

On 21 February 2014, Inter Service Public Relation Directorate, at a press briefing, denied the occurrence of this incident. The press release said that there was a misunderstanding in relation to the incident occurred on 18 February. Press release claimed that misunderstanding arose after a patrol of Laxmichari army camp arrived at victim’s house, which was later terminated at the presence of local people; but a vested group was trying to use this issue by distorting and exaggerating the incident. It further stated that Bangladesh army ensued an investigation of the alleged incident soon after they had been notified. And commensurate disciplinary action would be taken against the alleged military personnel if allegation can be proved.

Attempt to rape of an indigenous minor girl in Panchari

On 14 March 2014, a 13-year old indigenous Chakma girl was attempted to rape by a Bengali settler named Mohammad Aitullah at her home in Logang Machchhochara under Panchari upazila in Khagrachari district.

It is learnt that at around 1:30 pm on the day of the incident, Md. Aitullah of Logang Cluster Village in Panchari went to collect bamboo from a forest next to victim's village. While he was passing by the house of Chokhkala Chakma, Md. Aitullah thought the victim was alone at home and tried to rape her forcefully. At that time the victim shouted out and her father Ranakkya Chakma got awake from his sleep. Soon after he came out of his room, Md. Aitullah managed to scape. It is notable that the victim is an intellectually disabled person.

The news of the incident spread immediately after of its occurrence. Later Mr. Jalatkar Chakma, Chairman of Logang Union Council; Md. Lokman, a Member of Logang Union Council and other important persons of Logang areas, along with police, went to visit Chokhkala Chakma’s house. Since Chokhkala Chakma is a financially insolvent person, he did not wish to file a case with police. He rather preferred to receive justice from the society.

For this reason, on 17 March 2014, an arbitration was held at the presence of above-mentioned persons of Logang areas where following decisions were made to provide BDT 5000 by the Union Council and BDT 5000 by the perpetrator to the victim as compensation. It is also decided that Md. Aitullah would be produced to another arbitration within a week; otherwise Chairman of Logang Union Council would file a general diary with the police station.

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source:

Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)

Joint statement on 'Sexual violence against indigenous Jumma women in the Chittagong Hill Tracts (CHT), Bangladesh', submitted to the UN Human Rights Council on its twenty-fifth session