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Chittagong Hill Tracts Peace Accord: 17 Years on, CHT land rights still not settled, U-turn by the government

The Daily Star, 2 December 2014

Peace Accord: 17 Years on
CHT land rights still not settled
Land commission amendment bill not passed in 13 years; hill people losing land

Pinaki Roy

Nearly two decades since the signing of the Chittagong Hill Tracts Peace Accord, the government is nowhere near ensuring the land rights of the hill people. A key provision of the 1997 accord is to give back their land taken away from them by government and non-government actors, but it is a right that exists only on paper.

In all, some one lakh indigenous families in the three hill districts -- Bandarban, Rangamati and Khagrachhari -- had lost all or some of their lands. Of them, around 90,000 families were locally displaced during insurgency and nearly 10,000 are refugee families repatriated from India following the deal. They have yet to get back their lands. The repatriated families totalled 12,212.

Over the years, different government agencies and Bangalee settlers have occupied the homesteads and agro lands that once belonged to the Jumma people. The local administration has also leased out hundreds of acres of land to different individuals and businesses.

Indigenous leaders say the government has been dragging its feet over amending the relevant law that will empower the CHT Land Dispute Resolution Commission to ensure indigenous people's land rights.

“Land is the most important issue for the indigenous people. But the government is purposefully dilly-dallying over resolving the matter,” said Mangal Kumar Chakma, publication secretary of the Parbtya Chattagram Jana Sanghaty Samity (PCJSS), which signed the peace accord with the government. Instead of settling the issue, different government agencies have also continued to occupy their land, he alleged.

In 2011 alone, at least 7,118 acres of land belonging to indigenous people were grabbed by Bangalee settlers in the three hill districts, according to a 2012 report of Bangladesh Legal Aid Services Trust (BLAST).

The ruling Awami League was in power when the deal was signed. Since then, the party has formed two more governments in 2008 and in January this year. But it has done little so far to amend the CHT Land Commission Amendment Bill 2001.

Once passed, the law will solve the issues of land ownership and land management. But the government has shelved the bill for all these years, said Mangal Chakma. Moreover, the government is now set to pass some laws that will go against the spirit of the peace accord itself, alleged other indigenous leaders.

Asked about the status of the amendment bill, chief of the House body on the land ministry Rezaul Karim Hira said he was not aware of it. The previous parliament had sent the bill to the relevant committee for scrutiny.

Under the rules, the House cannot pass any bill placed in the previous parliament. This means, the bill will have to be brought before parliament afresh. Against this backdrop, PCJSS President Santu Larma has said they would start a non-cooperation movement from May 1 next year if the treaty is not implemented by then.

STATUS OF CHT LAND

According to the Land Revenue Administration Report of 1965-66, there were 32,59,520 acres of land in the CHT. Fifty-one percent of them were declared reserve forest. Of the rest 49 percent, only 1,30,000 acres were cropland, of which 54,000 acres (40 percent) were submerged due to the Kaptai dam, constructed for hydropower project in the 1960s in Rangamati.

The project displaced about a third of the indigenous population in the district, which was the key reason for the armed conflicts in the hills. As the indigenous people started to target the security forces in the late 1970s, the government took up a programme to drastically increase Bangalee settlements there in efforts to weaken insurgency.

From 1979 to 1985, some 80,000 families from the plains were brought to the hills. Each of these families was given about 10 acres of croplands and hilly lands, indigenous leaders claim.
Most of these lands belonged to the indigenous people, suggest different studies.

'GOVT WORKING'

The government claims it has implemented at least 48 of the 72 peace pact provisions fully and 15 partially while implementation of nine other provisions are underway.

“I would say 95 percent provisions of the peace accord have been implemented. The government is working to implement the rest within the shortest possible time,” said Obaidul Muktadir Chowdhury, chief of Parliamentary Standing Committee on the Chittagong Hill Tracts Affairs Ministry.

Contacted, Naba Bikram Tripura, secretary of the ministry, said implementation of the treaty was an ongoing process. He said the ministry held a meeting yesterday on the amendment bill.
CHT Minister Bir Bahadur Ushwe Sing, Santu Larma, Prime Minister Sheikh Hasina's Adviser Gowher Rizvi and the secretary, among others, attended the meeting.

The CHT Land Dispute Resolution Commission Act was passed in 2001. So far, six such commissions have been formed, but none has been functional due to legal tangles.

Published: 12:02 am Tuesday, December 02, 2014
http://www.thedailystar.net/frontpage/cht-land-rights-still-not-settled-52967
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The Daily Star, 2 December 2014

Implementation of CHT Accord
U-turn by the government
Mangal Kumar Chakma

THIS year marks the passing of 17 years since signing of Chittagong Hill Tracts (CHT) Accord, 1997 on December 2, 1997, between the Government of Bangladesh and PCJSS. Since assuming power in 2009, the Awami League-led grand alliance has not taken any step that is worth mentioning towards implementation of the core issues of the Accord.
The Awami League government (1996-2001) initially implemented a few provisions of the CHT Accord. Among them are passing of CHTRC Act and three HDC Acts in 1998, establishment of CHT Affairs Ministry, repatriation of Jumma refugees from India, and withdrawal of around 66 temporary camps (though the government claimed withdrawal of 172 camps). However, the main issues, such as preservation of tribe-inhabited feature/status of the region; introduction of special governance system in CHT with CHTRC and HDCs and devolution of powers and functions to them; resolution of land disputes; demilitarisation, etc. are yet to be implemented.

The government, including the prime minister, has been claiming that altogether 48 out of 72 sections of the CHT Accord have been implemented in the meantime and 15 sections out of the rest have been partially implemented while the remaining 9 sections are under implementation process. This is not fully accurate. As per observation of PCJSS, only 25 sections out of 72 sections of the CHT Accord have been implemented so far. Thirty four sections of the Accord still remain totally unimplemented while 13 sections have been partially implemented. This means that two-third of the sections of the Accord have been unimplemented as of this day.

For instance, analysis of Sections 1, 2, 3 and 4 under Part-A of the Accord, which the government says have already been implemented, disproves the government's claim. Section-1 of the Accord stipulates: ”Both the parties, having considered the CHT region as a tribe-inhabited region, recognised the need of preserving special features of this region and attaining the overall development thereof.” But this aspect still remains confined to the papers. No legal or effective safeguard measures have so far been taken to preserve or restore the tribe-inhabited feature of the region. No office order, directive or notification to that effect has been passed by the government. As a result, unabated migration of outsiders into CHT is taking place through different ways and means, which has led to the loss of the very tribal-inhabited feature of the region.

The government, on the one hand, has been dilly-dallying in implementing the core issues of the CHT Accord, while formulating anti-accord laws and programmes on the other. For instance, without holding elections in the three HDCs and CHTRC and contrary to the opinion of the CHT people, the government, on November 23, 2014, amended three HDC Acts by increasing the numerical strength of the members of three interim HDCs from 5 to 15, including the chairman. Before signing of the CHT Accord, though the tenure of HDCs had already expired, the successive governments did not take any initiative to hold elections for these councils during the last 22 years. No initiative has yet been undertaken to formulate Election Rules of chairmen and members of the HDCs and Electoral Roll Rules for the purpose. The 5-member interim HDCs formed with the ruling party members have been functioning in an undemocratic way. In fact, these nominated interim HDCs work without any obligation and accountability to the people. Instead of holding elections for these institutions, the government has recently amended the laws of these councils to run the HDCs in an unfair manner. The main objective of making amendments to the three HDC Acts seems to be to by-pass the elections for the CHT institutions and deprive the CHT people from their political rights to franchise and access to representation and, above all, to shelve the implementation of the CHT Accord tactfully.

Unlike prompt amendment of three HDC Acts, which was made within six months, amendment of CHT Land Dispute Resolution Commission Act 2001 has been kept pending for 13 years, including 6 years of the grand alliance government. This law was passed in 2001 without consultation with or advice from CHTRC, hence, several issues contravening CHT Accord were included in it. When the present government was formed in January 2009, the CHTRC once again sent its recommendations to it for bringing amendment to this law. After a series of meetings, CHT Affairs Ministry, in consultation with CHTRC, finalised 13-point amendment proposals for amendment of the Act, which was also endorsed by CHT Accord Implementation Committee. But the government has been delaying in amending the law as per the 13-point recommendations. Due to non-resolution of land-related disputes in the CHT, ethnic conflicts and forcible occupation of lands belonging to the indigenous Jummas continue.

The prompt amendment of HDC Acts on one hand and delay in amendment of Land Commission Act year after year on the other, make it look as if the government is not sincere about implementing the Accord fully. While CHTRC Complex Project has been kept pending ever since the formation of the apex body of CHT special administrative setup in 1999, the selection of sites for establishing medical college and science and technology unversity is another instance of the government's confusing policy in implementing the CHT Accord. The government is keen to rehabilitate the poor people through Ashrayan Project in CHT while measures for rehabilitation of internally displaced Jumma families have not been taken in the last 17 years, though it is one of the obligations stipulated in the CHT Accord.

In fact, there cannot be any alternative to implementation of CHT Accord for ensuring proper political solution to the longstanding crisis and establishing peace in CHT. CHT people urge the government for a speedy resolution by drawing up a time-bound roadmap of the implementation process of the Accord in order to ascertain good governance and pro-people and environmentally balanced development in CHT, thereby ensuring peace and all-round development in the region.

The writer is Information and Publicity Secretary of PCJSS.

Published: 12:00 am Tuesday, December 02, 2014

http://www.thedailystar.net/op-ed/u-turn-by-the-government-52921

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More article in Bangla:

Daily Prothom Alo: http://www.prothom-alo.com/opinion/article/386203/%E0%A6%AE%E0%A7%82%E0%A6%B2-%E0%A6%B8%E0%A6%AE%E0%A6%B8%E0%A7%8D%E0%A6%AF%E0%A6%BE%E0%A6%B0-%E0%A6%B8%E0%A6%AE%E0%A6%BE%E0%A6%A7%E0%A6%BE%E0%A6%A8-%E0%A6%B9%E0%A6%AF%E0%A6%BC%E0%A6%A8%E0%A6%BF-%E0%A7%A7%E0%A7%AD-%E0%A6%AC%E0%A6%9B%E0%A6%B0%E0%A7%87%E0%A6%93

Daily Samakal: http://www.samakal.net/2014/12/02/102140

http://www.samakal.net/2014/12/02/102327

CHTC concerned over the failure to fully implement the 1997 CHT Accord

The International Chittagong Hill Tracts Commission (CHTC) has expressed concern over the Government’s lack of political will leading to the failure of full implementation of the CHT Accord 17 years after its signing. The CHTC has called upon the Government to urgently adopt and enforce a roadmap with clear milestones for implementation of the Accord ensuring full participation of all stakeholders.

   CHTC Statement Accord

PCJSS press conference on implementation of CHT Accord marking 17th anniversary of CHT Accord

On 29 November 2014 Parbatya Chattagram Jana Samhati Samiti (PCJSS) organised press conference on implementation of CHT Accord on the occasion of the 17th anniversary of CHT Accord in Dhaka. President of PCJSS, Jyotirindra Bodhipriya Larma read out written statement of PCJSS. Senior leader Pankaj Bhattacharya, president of Oikya NAP; Ushatun Talukder, MP and vice president of PCJSS; Rabindranath Soren, president of Jatiya Adivasi Parishad; Numan Ahmed Khan, executive director of Institute of Environment and Development, advocate Neelufar Banu, among others, attended the press conference.

In his written statement, J B Larma said that many ministers and bureaucrats including the Prime Minister have been propagating that 48 sections out of 72 sections of the Accord have been implemented in the mean time and 15 sections out of the rest have been partially implemented while the remaining 9 sections are under implementation process. In fact, the said statement or report made by the government on implementation of the CHT Accord is not true as a whole. As per the study of PCJSS, only 25 sections out of 72 sections of the Accord have been implemented. There are 34 sections of the Accord still remain unimplemented while 13 sections of the Accord have been partially implemented. It means that two-third sections of the Accord are lying unimplemented as of this day.

He also added that instead of undertaking initiative to implement the unimplemented significant issues of the Accord, in opposite turn, the government, having the Accord violated and trampled the legal provisions that oblige the government to consult with the CHT Regional Council and the three Hill District Councils in framing up laws on CHT or the laws applicable to CHT, has stepped up unilateral initiative to amend the Hill District Council Act and frame up CHT Development Board Act and establishing Science & Technology University and Medical College in Ranngamati.

He opined that CHT crisis is a national and political problem. In fact, the CHT Accord was signed in greater interest of the country and hence, the duties and responsibilities of the government is primary in the implementation of the Accord. In this circumstances, he called upon the government to undertake timeline-based initiative to implement the unimplemented issues of the Accord without delay any further. Otherwise, the government will have to responsible for any sort of undesireable situation in CHT. With this, he declared that ― “If the government does not undertake time-line-based effective initiative within 30 April 2015, as such, from 1 May 2015 ‒ (1) Non-cooperation movement against the government will be commenced under PCJSS leadership and (2) All out resistance movement against Anti-Accord and counter-Jumma-interest programs will be accelerated”.

Rallies, mass gatherings and discussion meetings  are going to be held at Upazila and District levels in CHT including Dhaka and Chittagong at PCJSS initiative on the occasion of the 17^th Anniversary of CHT Accord.

   PCJSS Press Statement on 17th Anniv of CHT Accord-Eng-final

   PCJSS Leaflet on Occasion of 17th Anniv of CHT Accord

Non-implementation may reignite unrest, speakers tell CHT Commission & Bangladesh Indigenous Women's Network discussion

Non-implementation may reignite unrest
Speakers tell CHT Commission, Bangladesh Indigenous Women's Network discussion

Staff Correspondent

The government should ensure the full implementation of the Chittagong Hill Tracts (CHT) Peace Accord, 1997 before frustration among the indigenous community leads to unrest and instability in the region again, speakers told a discussion yesterday.

“My only urge to the policymakers and government is please implement the CHT accord in its full content and essence before it is too late,” said Prof Mizanur Rahman, chairman, National Human Rights Commission.

The discussion, “Marginalization and Impunity: Violence Against Women and Girls in the Chittagong Hill Tracts”, was organised by International Chittagong Hill Tracts Commission (CHTC) and Bangladesh Indigenous Women's Network (BIWN) in the capital's Chhayanaut Sangskriti Bhaban.

The full implementation is crucial in ensuring security of indigenous women and ending impunity currently enjoyed by perpetrators of violence, the speakers noted.

Chanchana Chakma, general secretary of BIWN, presented excerpts from a CHTC report which showed how from 1976 onwards militarisation and the state's transmigration programmes to settle Bangalees in the three southeast hill districts created tension and led to the two-decade-long armed struggle of indigenous people against the state. The treaty ended the armed struggle but hill women continued to be targeted in clashes between Bangalees and the indigenous community, the report mentioned. The report presented case studies of violence from 2011-2012, showing how the culture of impunity prevailed in the regions starting with the unsolved case of indigenous leader Kalpana Chakma's enforced disappearance in 1996.

KS Mong, member, Chittagong Hill Tracts Regional Council, stated how women were often abducted, forced to convert and marry Bangalee men to intimidate the indigenous community, who were forced to move away to remote areas for security. Noting that land was the major issue of conflict in CHT, Mong stressed the need for an effective land commission. “If the situation continues to be such, we would either announce and leave the country and take refuge in India or Myanmar or began preparing ourselves for resistance again,” he said.

Besides the treaty's implementation, the CHTC report also recommended establishment of a national commission of inquiry and committee to monitor violence against women in the CHT to end the culture of impunity. Employing mixed police force with more women police and sensitising them also came up from open discussions.

CHTC Co-Chairperson Sultana Kamal, members Khushi Kabir and Sara Hossain, Adviser Meghna Guhathakurta and Bangladesh Mahila Parishad President Ayesha Khanom also spoke.

On Saturday rights activists under the banner Nagorik Shomaj formed a human chain before Bangladesh National Museum demanding immediate election to the three CHT district councils.

“Undemocratic forces are becoming permanently rooted in the hill tracts as no election of the councils had taken place in 22 years,” said Oikya NAP President Pankaj Bhattacharya, adding that CHT people have reasons to feel utterly betrayed.

The activists also criticised the government for mulling over increasing the number of zila parishad members from five to 11. “Increasing the size instead of holding an election clearly means that the government is doing this to politicise the CHT zila parishad with its chosen people,” said Prof Mesbah Kamal of history at Dhaka University.

Khushi Kabir, also coordinator of Nijera Kori; Sanjeeb Drong, secretary of the Bangladesh Forum for Indigenous People; Chanchana Chakma, also president of Hill Women's Federation; and Associate Prof Robaet Ferdous of Dhaka University also spoke.

http://www.thedailystar.net/city/non-implementation-may-reignite-unrest-51794
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Dhaka Tribune, November 24, 2014

‘Double discrimination’ against indigenous women
Abid Azad

According to Kapaeeng Foundation, an organisation working for protection of the rights of indigenous people, 19 cases of sexual violence were reported from January to April this year

Indigenous women and girls face “double discrimination” – first as women, then as indigenous, speakers said at a round-table held in the capital yesterday.

With International Day for the Elimination of Violence against Women ahead, they said although the Chittagong Hill Tracts Peace Accord was signed by the government 17 years ago, indigenous people, particularly the women, still live under the threat of various criminal acts frequently taking place in the region, while the culture of impunity and settlement of Bengalis have left them extremely vulnerable.

The observation came at a session titled: “Marginalisation and Impunity: Violence against Women and Girls in the Chittagong Hill Tracts,” organised by CHT Commission (CHTC) at the Ramesh Chandra Hall of Chhayanaut Bhaban.

Speakers claimed that the culture of impunity is so prevalent in the CHT areas that victims, despite suffering constant harassment, have lost interest in filing cases at the police station. According to Kapaeeng Foundation, an organisation working for protection of the rights of indigenous people, 19 cases of sexual violence were reported from January to April this year. Of them, two were killed after rape, nine were raped, seven fell victim of attempt to rape and one was abducted.

A total of 227 cases for violence against women in both the hilly areas and plain lands under CHT were filed in between 2007 and 2013. The forms included rape, gang rape, murder after rape, physical assault, attempt to rape, abduction, sexual harassment and human trafficking. Five rape incidents occurred in 2007 and the number rose three times higher last year. Many of these cases are not followed up, said the speakers.

Bangladesh Indigenous Women’s Network General Secretary Chanchana Chakma read out the keynote paper prepared by Dr Bina D’Costa, a peace and conflict specialist from the Australian National University.

The report emphasised that militarisation and transmigration (illegal settlement of Bengalis in the CHT) that started from 1976, generated extreme vulnerability and poverty in the region, grossly affecting the safety of women in CHT. Kalpana Chakma, former organising secretary of Hill Women’s Federation, who was allegedly abducted from her house by a military official and two members of the village defence party in 1996, is still missing.

“Still we do not see any development or any exemplary punishment to the culprits of similar cases,” said KS Mong, a member of CHT regional council. He also claimed that the present government, who signed the Peace Accord, has now lost the courage to implement it.

The paper suggested that the process to bring peace and stability in the CHT must begin with the demilitarisation of the region as stipulated in the 1997 CHT Peace Accord. The paper recommended the recruitment of an ombudsman to the National Human Rights Commission (NHRC) to which NHRC Chairman Dr Mizanur Rahman replied: “I disagree with the recommendation. Until I have the power to investigate, recruiting 10 ombudsmen would bring no benefits. First the government should grant more power to NHRC.”

CHTC Co-chairperson Sultana Kamal, member Khush Kabir and Sara Hossain, Adviser Meghna Guhathakurta, Bangladesh Mahila Parishad president Ayesha Khanam were present at the programme.

http://www.dhakatribune.com/law-rights/2014/nov/24/%E2%80%98double-discrimination%E2%80%99-against-indigenous-women
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The Daily Observer, 24 November 2014

Rights activists for faster implementation of CHT accord
Special Correspondent

Publish Date : 2014-11-24, Publish Time : 00:00, View Count : 3

Rights activists have urged the policy makers to implement the Chittagong Hill Tracts (CHT) accord completely before it is too late. The culture of impunity discourage the indigenous people from raising their voice against the authorities, they observed.

They came up with the observation at a seminar on "violence against women and girls in the CHT" organised by CHT Commission (CHTC) at the Chayanat Bhaban in the capital on Sunday.
The seminar blamed that the militarisation and transmigration programmes have continued to settle illegally the landless Bangalees from the plain-lands in CHT that was initiated in 1976 by General Ziaur Rahman.

The settlement has created extreme vulnerability of and poverty to the adivasis and deeply affected adivasi girls' safety and security in the region. Rights activists who recently visited CHT were attacked in Rangamati, Khagrachari and Bandarban under the very nose of the district administration and law enforcement agencies by the Bangalee settlers.

Not to anybody's surprise, the police were reluctant to register any complain of attacks on the rights groups, while the nonchalant authorities in Dhaka expressed their surprise over the civil administrations attitude in CHT hesitant to help the victims, the speakers told the seminar.

Dr Mizanur Rahman, chairman of National Human Rights Commission (NHRC) said the commission have probed the incidents of attacks on the rights activists and have sent strong notes to relevant authorities with an advice to take legal action against perpetrators. Unfortunately the authorities have yet to respond to NHRC to this regards, lamented Dr Mizan. "Well I am still expecting a pro-active response from the authority on the attacks on the activists. NHRC have also failed to get any response regarding previous probe reports on murders, arsons and sexual violence's against the indigenous people by perpetrators," he said.

The seminar was presided by Advocate Sultana Kamal, co-chairperson of CHTC, while Ayesha Khanam of Mahila Parishad, Dr Mizanur Rahman, KS Mong, member of Bandarman CHT Regional Council, Khushi Kabir, Nijera Kori, Barrister Sara Hossain, BLAST and Chanchana Chamna, BIWN participated in the discussion, while Dr Meghna Guhathakurta moderated the seminar.

Sara Hossain described how the perpetrators of the attacks on the adivasis have been able to flex their muscles with blessings of political power and civil administrations. Even the local police officers face pressure from political and administrative high-ups not to proceed with the cases against the Bangalee settlers, she said.

A research paper "Marginalisation and Impunity: Violence Against Women and Girls in the CHT" by Bina D'Costa was presented at the seminar. The researcher recommends for sincere political will to bring peace and stability in the CHT must begin with the demilitarisation of the region as determined in 1997 CHT Accord. The research recommends voluntary resettlement of Bangalees who have illegally occupied lands that belong to the adivasis.

A sustainable gender-sensitive and gender-responsive development project combating the poverty and inequality of indigenous communities in the region must be endorsed, it was suggested.
Lastly, all stakeholders must recognise that the end of impunity is fundamental and urgent, and that without adequate, effective and impartial enforcement of relevant laws, violence against adivasi women and girls cannot be mitigated.

http://www.observerbd.com/2014/11/24/56593.php
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Daily Sun, 24 November 2014

Implement CHT peace accord soon
NHRC chairman urges govt

National Human Rights Commission (NHRC) Chairman Dr. Mizanur Rahman on Sunday urged the government to implement the Chittagong Hill Tracts peace accord as early as possible, else the country will have to suffer, reports UNB.

“My earnest request to the government, please implement the CHT peace accord as early as possible. A stitch in time saves nine…” he said taking part at a roundtable on ‘Marginalization and Impunity: Violence against Women and Girls in the Chittagong Hill Tracts’. The roundtable was arranged jointly by Chittagong Hill Tracts (CHT) Commission and Adivasi Nari Network at Ramesh Chandra Hall of the Chayanaut Bhaban, Dhanmondi in the capital.

Dr Mizanur Rahman said the CHT peace accord would have to be implemented for peace and security of the entire country as well as for the people of the CHT. Expressing concern, he said: “Unless the accord is implemented immediately, political gridlock might break out in the hill tracts.“Chaired by CHT Commission co-chairman Sultana Kamal, the programme was also addressed by commission members and Khusi Kabir and barrister Sara Hossain, commission adviser Meghna Guhathakurta, Bangladesh Mahila Parishad president Ayesha Khanam and CHT regional council member KS Mong.

http://www.daily-sun.com/details_Implement-CHT-peace-accord-soon_1046_1_10_1_4.html
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The Independent, 24 November 2014

‘Violence against women should get extra attention’

Author / Source: STAFF REPORTER

The cases of violence against women in the Chittagong Hill Tract (CHT) areas should get extra attention to end the culture of impunity, observed human rights activists at a roundtable discussion in the city.

Barrister Sara Hossain, executive director of Bangladesh Legal Aid and Services Trust (BLAST) said, “Initially, different women rights organisations come forward for the cases of violence against women, but gradually they back away and the cases sink into oblivion with the course of time.” She added the close ones of the victims and even the victims receive threats constantly from the perpetrators of a crime after a case is filed.

Also, apathy among the law enforcers is one the major impediments too, he noted. That is why, the cases related to violence against women in the hill tracts need to be treated with extra attention, she opined.

While presenting the keynote paper, Chanchana Chakma, general secretary of BIWN (Bangladesh Indigenous Women’s Network) recommended strengthening the existing women right activists’ network, providing technical and financial support to enhance capacity building of the indigenous womenfolk, appointing an ombudsperson at National Human Rights Commission, sensitising the media, medical officials and the mass people regarding the issues, and training up the indigenous women regarding the legal process and ensuring their access to justice.

NHRC chairman Mizanur Rahman said, “The Chittagong Hill Tracts Peace Accord should be implemented before it is too late.”

http://www.theindependentbd.com/index.php?option=com_content&view=article&id=238341:violence-against-women-should-get-extra-attention&catid=135:metropolitan-dhaka&Itemid=174

Cancellation of Hill District Council Act bills demanded, the laws would threaten the democratic practices within the hill districts and the country overall

Cancellation of CHT districts council bills demanded

November 23, 2014
Staff Correspondent

National minority leaders, politicians, academics and right activists on Saturday demanded cancellation of three bills tabled in parliament for increasing to 11 from the existing five the number of interim members of the three hill district councils in Chittagong Hill Tracts.

Addressing a human chain in front of National Museum, they said that the bills incorporated government ‘ill intention’ of keeping the hill districts under control of selected people without direct votes of national minorities in the region.

Khagrachari unit of Parbatya Bangali Chhatra Parishad, however, at a human chain in Khagrachari town, demanded inclusion of seven Bengali people and one vice-chairman in CHT district councils as per ratio of the inhabitants in the proposed bills.

Th state minister for CHT affairs, Bir Bahadur Ushwe Sing, on July 1 tabled the Rangamati Hill District Council (Amendment) Bill 2014, the Khagrachari Hill District Council (Amendment) Bill 2014 and the Bandarban Hill District Council (Amendment) Bill 2014.

The bills proposed that the number of interim members of the hill district councils would be increased at 11 from the existing five including three non-tribal members.

The parliamentary standing committee on the CHT affairs ministry on November 17 recommended passage of the bills after scrutiny.

Although the laws stipulate that 34 members including the chairman of each of the hill district councils have to be elected, the government has so far taken no move for the elections, rather it is going to control the councils by increasing the number of selected interim members, the human chain in Dhaka was told.

The speakers said that the CHT affairs ministry did not discuss the matter with hill people including Parbatya Chattagram Jana Sanghati Samiti, Parbatya Chattagram Anchalik Parishad and the local lawmakers before placing the bills in the parliament.

Oikya NAP president Pankaj Bhattacharya said, ‘Elected members are needed for the proper functioning of the hill district councils…Mere increasing the number of interim members would neither ensure the accountability of the councils nor the councils would represent the hill people.’ He said the bills were a clear violation of the CHT Peace Accord.

‘The undemocratic forces would take a strong footing in the hills if the bills are passed,’ he said.

Parbatya Chattagram Anchalik Parishad member KS Mong said that the government was acting in a hostile attitude to hill people. ‘Government is forcing us to choose the way of blood-stained fighting,’ he said.

International Chittagong Hill Tracts Commission member Khushi Kabir said that the government wanted to take over the hill districts under its control through the bills, ignoring the interests of the hill people.

Bangladesh Adivasi Forum general secretary Sanjeev Drang said that the government was deceiving the hill people time and again but it was not implementing the CHT accord.

Journalist Abu Sayeed Khan, academics Mejbah Kamal, Rubaiyat Ferdous and Razib Mir, among others, also spoke.

http://newagebd.net/69440/cancellation-of-cht-districts-council-bills-demanded/#sthash.h7F2jsLE.dpb
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Dhaka Tribune, 23 November 2014

Amendments to CHT district council laws opposed

Tribune Report

The laws would threaten the democratic practices within the hill districts and the country overall

Different organisations yesterday raised their voices against the three amendment bills produced in the parliament recently in connection to the district council governance of the Chittagong Hill Tracts (CHT).

Under the banner of “Nagorik Samaj,” they formed a human chain in front of the National Museum in the capital demanding the immediate cancellation of the three proposed laws – Rangamati Parbatya Zilla Parishad (amendment) Bill, Khagrachhari Parbatya Zilla Parishad (amendment) Bill and Bandarban Parbatya Zilla Parishad (amendment) Bill.

They claimed that the proposed laws were a clear violation to the peace accord that was signed by Awami League and Parbatya Chattagram Jana Sanghati Samiti in 1997.

Oikko NAP President Pankaj Bhattacharya said: “The government is violating the CHT Peace Treaty by proposing the three district council acts according to their whims.

It was clearly stated in the peace accord that the government must consult with the Ancholik Parishad [interim council] before amending any law in relation to them.”

The laws would threaten the democratic practices within the hill districts and the country overall, the speakers said.

They also demanded an immediate election to ensure local representatives in the CHT district council.

The original laws passed in 1989 had provisions for electing members of the district councils by direct popular votes.

Since then, only one election took place in 1989.

CHT commission member Khushi Kabir, Dhaka University History Prof Mesbah Kamal, Adivasi Forum General Secretary Sanjib Drong took part in the human chain.

http://www.dhakatribune.com/law-rights/2014/nov/23/amendments-cht-district-council-laws-opposed
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Newsnextbd, Saturday, 22 November 2014

‘Withdraw CHT Zila Parishads Bill’

Saturday, 22 November 2014 23:40

Dhaka: Speakers at a human chain on Saturday alleged that the government has violated the Chittagong Hill Tracts Peace Accord through bringing three separate bills for three Zila Parishads of the region in Parliament.

RAM Muktadir Chwodhury, chairman of the Parliamentary Standing Committee on CHT Affairs Ministry, on November 17 placed all the three reports on Rangamati Hill Tracts Zila Parisad (Amendment) Bill 2014; Bandarban Hill Tracts Zila Parisad (Amendment) Bill 2014; and, Khagrachhari Hill Tracts Zila Parisad (Amendment) Bill 2014.

Addressing a civic group organized human chain in front of National Museum in the city in protest of the government move, speakers also urged the government to withdraw the bill and give election for electing representatives of the three Zila Parishads.

It was among others addressed by United National Awami Party (UNAP) president Pankaj Bhattacharya, rights activist Khusi Kabir, Prof Mesbah Kamal and Sanjeeb Drong, journalist Abu Sayeed Khan and Dhaka University teacher Robayet Ferdous.

Pankaj said that as per the Peace Accord government is bound to consult with Regional Council for making any law relating CHT.

“But, government has brought the bill in parliament without doing so. This is an anti-people move and government is doing this to rehabilitate their party men in the region,” he added.

He observed that the government move may obstruct the process of implementation of the Peace Accord and urged the government to withdraw the bill.

Abu Sayeed Khan demanded democratic elections for electing Zila Parishad representatives in lieu of partisan appointment to the body.

Khusi Kabir alleged that government brought the bill to violate the rights of indigenous people of CHT.

http://newsnextbd.com/withdraw-cht-zila-parishads-bill/
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Please visit following for Bangla news:
http://www.ittefaq.com.bd/capital/2014/11/22/6902.html
http://sangbad.com.bd/index.php?ref=MjBfMTFfMjNfMTRfMV8xM18xXzE3MDI5NA%3D%3D
http://www.kalerkantho.com/print-edition/news/2014/11/23/154316
http://www.banglanews24.com/beta/fullnews/bn/342862.html

13 indigenous women and girls subjected to violence in two months in Bangladesh

In is very alarming that in two months from 11 September to 6 November 2014, at least 13 indigenous women and girls (eleven from Chittagong Hill Tracts and two from plain lands) have been subjected to violence including rape, attempt to rape, physical assault and abduction. Two indigenous girls (one is 13 year and another is 4 year old) have been raped by Bengali settlers in Chittagong Hill Tracts. Besides, three indigenous women and girls were physically assaulted, five have been attempted to rape, two young women rescued from captivity and one indigenous woman is attempted to kidnap. Among the victims, the age of five victims is above 18 years and eight victims is below 18.

One of the main causes behind the alarming situation of violence against indigenous women and girl is culture of impunity that enjoy the culprits. For example, 18 persons who have been accused to attack on Bichitra Tirku, an elected UP member and prominent indigenous woman activist, got bail without any punishment in Chapainawabganj district on 24 September 2014. On 4 August 2014, while Bichitra was working in her rice field along with her fellow workers, a group of miscreants led by Afzal Hossain, made an attack on her using sticks and sharp weapons in connection with grabbing the land which she inherited from her husband. A group of Members of Parliament visited the spot and victim and even they raised the issue in the parliament. Home Minister also assured the parliament and countrymen to take stern action against the culprits. Several protests have been organised and memorandum to the government authorities have been submitted by civic rights groups at national and local level. Media made huge coverage on this incidents. However, the 18 accused culprits who were arrested or surrendered to the Court have been granted bail.

An indigenous Garo women physically assaulted by owner of beauty parlor in Rajshahi

On 11 September 2014, in Rajshahi the owner of Senorita Beauty Salon Mohsin Shikdar physically assaulted Lisa Rongdi (a worker in the Beauty Salon). Lisa belongs to Garo indigenous community. When informed, Lisa’s husband Prokash Chimon went to the spot and rescued her. Then then admitted her to Rajshahi Medical College Hospital. The next day, Lisa filed a case against Mohsin Shikdar at Rajpara Police Station.

Prokash Chimon informed that, at present Mohsin and his sister are not in a good relationship. Therefore, when Lisa went to Mohsin’s sister’s house, he was angry about it and then physically assaulted Lisa.

Lisa complained that, on that day Mohsin pulled her hair and threw her on the floor, it caused her wound on her head and forehead and her nose was bleeding. Mohsin then kicked her in the stomach as well as beaten her with a stick. She eventually loses her senses.

In the hospital, there is allegation that Mohsin’s wife Soma Shikdar influenced the authority not to provide treatment to the victim. That’s why Lisa went out from hospital without having proper treatment. Now Mohsin has been forcing Lisa in different ways for withdrawing the case filed against him.

In protest of this incident, on 16 September 2014, Narinirjaton Protirodh Committee (Women Repression Prevention Committee) organized a human chain and gathering at Shaheb Bazar Zero point in Rajshahi.

Speakers at the Human chain demanded that the perpetrators should be punished and justice need to be ensured immediately. They also urged the administration that the perpetrators should not get away with the crime with any political influence. They demanded for proper punishments of the perpetrators (Mohsin Shikdar and Soma Shikdar).

Abeda Raihan the President of Bangladesh Mahila Parishad of Rajshahi district presided over the gathering. Kalpana Roy, General Secretary of Bangladesh Mahila Parishad of Rajshahi district and Shahin Akhtar of the Social Welfare Committee spoke in the gathering.

A minor Chakma girl attempted to rape in Naniarchar

On 2 October 2014 around at 4:00 pm a minor Chakma girl (14) from Nanakrum village was attempted to rape by a settler named Kabir Hossain (45), son of Abdur Rashid of Bogachari area of Burighat Union in Naniarchor Upazila under Rangamati district. It was reported that on the same day a case was filed accusing Kabir Hossain with Naniarchar police station at 10:30 pm under the Women and Children Repression Prevention Act. Police arrested the accused on the following day with the help local Bengalis from his house.

On that day, during the incident the victim was staying alone in her house. Knowing this, Kabir Hossain entered into house and forcefully taken the victim out from house and tried to take her to nearby jungle. The adolescent shouted and peoples from nearby houses came to rescue her. The accused run away from the scene immediately. It was reported that the perpetrator also attempted to rape her daughter in law before.

A minor Tripura girl raped by a Bengali settler in Khagrachari, alleged rapist handed over to the police

On 2 October, 2014 at 10:00 am a 13-year-old Tripura indigenous child have been raped by a Bengali settler in Ranyabari village under Bhaibonchara union of Khagrachari sadar upazila in Khagrachari district.

It is learnt that like any other day victim’s father went to forest early morning for collecting woods. Later, her mother went to the Bhaibonchara bazar to attend Durgapuja celebration at 8:00 am. Meanwhile, at around 10:00 am, Md. Zia Rahman (32), son of Md. Abdul Malek of Bhaibonchara village entered their house for a glass of water. At the time, after knowing no one is at home except the girl, Md. Zia held down her neck, did hit in her right hand, in head and also in face then escaped after forcibly raped. Then, when her mother returned home from Durgapuja celebration, found her daughter in endanger condition and got to know about the rape incident.

Later with the help of the girl, Mohammad Zia Rahman, a hired motor bike driver, was identified when returning on the road again (the house beside the road) and arrested him wants to know about the rape. Md Zia Rahman confessed his misdeed with the presence of the passenger on his motorcycle Hapreng Tripura, son of Suniti Kumar Tripura and offered to pay medical expenses.

At that time, victim’s mother rejected that offer and handed over accused rapist Md. Zia to the police. In this connection, Smritypurna Tripura, father of the victim filed a case with the Khagrachari sadar model police station under Women and Children Repression Prevention Act. The case no. is– 02, dated 02/10/2014. Later, the victim was admitted to the Khagrachari Sadar Hospital for treatment and medical test.

Manipuri girl student stabbed at the classroom in Sylhet

On 11 October 2014 in the afternoon stalkers attacked Nandita Debi, a class X student of Syed Hatim Ali High School in Sylhet city. She belongs to indigenous Monipuri communty and is the daughter of Gunendra Sinha of Senpara at Shibganj in the city.

Students of the school alleged that Sakib, a local gangster, along with his two cohorts, stormed into the examination hall at about 1:30 pm and attacked Nandita when the test was about to start. They physically assaulted her and stabbed in her forehead before leaving the spot. She was admitted to Sylhet Osmani Medical College Hospital with stab injuries.

Quoting the victim, Manosh Singha, brother of victim said that Sakib and his friends used to harass his sister on her way to school and back. Sakib and his cohorts attacked my sister as she protested against the stalking, he said. Manosh alleged that some influential people of the neighborhood were pressing the family to refrain from filing a case with the police in this regard. Officer-in-charge of Shah Paran police station Shakhawat Hossain said that they had visited the spot and talked with the school authorities and parents of the girl. Stern action would be taken against the culprits after we receive a written complaint, he said.

On the same day at night Manosh Singha filed a case (no. 4) with Shahporan police station mentioning three persons name including Sakib and his father and 2/3 unknown persons. Accused persons are (1) Milad Ahmed, resident of shivganj Sonarpara, (2) Sakib, son of Milad Ahmed, resident of shivganj Sonarpara and (3) Mamun, address unknown.

An indigenous woman attempted to abduct by Bengali settlers in Kaukhali

On 15 October 2014, an indigenous Marma woman (27), resident of Baradalu village in Kaukhali upazila under Rangamati district was attempted to abduct by a Bengali Settler.
It is known that, on 15 October at around 11:00 pm, a single child mother went out of her house. Her Family member and neighbor started to find her out due to not returning house for long time.

After searching for hours around 2:30 am she was found in front of the mini-market near the Kaukhali BRAC office. Later police rescued her and handed over to upazila female vice chairman Anee Chakma. She was admitted to Kaukhali health complex. No case has been filed in connection with the incident so far.

Two school girls attempted to rape by three Bengali settlers in Longadu

On 15 October 2014, at noon two Jumma girl student have been attempted to rape by three young Bengali settlers in Bagachator union under Longadu upazila of Rangamati Hill District. Three accused miscreants were arrested with the help of the locals, but they have not handed over to the police. The case was socially dismissed when some local elders mediated by awarding light punishment to the perpetrators.

It is learnt that the victim girls are SCC examinee of local Ugalchari Mahajonpara High School. They both are around 15 year old and from Chiberega village under Bagachator union. On that day, they were returning together from school after the examination. On their way home at around 1:30 pm, when they arrived in a lonely place suddenly three settler youths blockaded their way and wanted to take them to nearby jungle forcefully. At that stage the girls exclaimed loudly and a Jumma youth who was also returning home behind the girls rushed the spot and the culprits fled away.

Three stalkers were identified as (i) Farhad (19) son of Sirajul Islam, (ii) Mohammad Yusuf (20) son of Mohammad Hanif Farid and (iii) Habib (20) son of Md. Sundar Ali of Marisyachara, Bagachatar Union.

Guardians of the victims immediately informed about the incident to the local chairman Abdul Gaffar Bhuiyan and sought for justice.

Chairman of Ugalachari Union Council and headmaster of Ugalchari High Cchool Abdur Rahim with the help of the local Bengalis arrested 3 youths. Later in the afternoon, at approximately 5:00 pm in the presence of chairman, headmaster, guardians and other local elders an arbitration was held. In the arbitration, the accused engagement was proved and they have given physical punishment. Further, bond has also taken from the culprits.

A four year old Chakma girl raped by a Bengali settler in Panchari

On 16 October 2014 in the evening a four year old Chakma girl was raped by a settler Bengali named Md. Lalan Mia (35) at Kanungo village under Panchari upazila (sub-district) in Khagrachari district.

It is learnt that, in the evening of that day around 4:00 pm, mother of the victim girl and one more woman went to the nearest watercourse/stream to take bath with their two children. After taking bath, they both returned home and left their children in the stream. In that scope Md. Lalan Mia, son of Farid Mia of Islampur village forcibly attempted to rape that child. Hearing girls screaming a neighbor rushed to the spot and Lalan Mian escaped from the scene. After then, that child was rescued in sanguinary situation and got admitted to the Panchari upazila hospital.

Two Tripura women attempted to rape by BGB personnel in Sajek

On 3 November 2014, two Tripura women attempted to rape by two soldiers of Siyaladai camp of Border Guard Bangladesh (BGB) under Sajek Union of Baghaichari Upazila in Rangamati district when they were going for shower to nearby stream. However, hearing the screaming of victims, villagers came forward to them but BGB soldiers fled to the camp.

It is known that, on that day at around 12.30 pm five Tripura women of Siyaladai village went for taking bath to nearby hilly stream. After taking bath when two women (one is 23 year and another is 25 year old) among the five were returning home, two soldiers of Siyaladai BGB camp came forward and grasped them. The soldiers touched their sensitive part of the body and attempted to rape. When women started exclaiming loudly at the time of the incident, residents of the villages rushed there. Seeing the presence of the villagers, BGB personnel fled inside into the camp. Immediately villagers objected to the commander Subedar Nasir. However, Subedar Nisar did not take any step and term it as ‘minor issue’. One of the accused was identified as Rafiul, the other is unknown.

Two Tripura girls rescued from a captivity in Dhaka with the help of ASK and Police

On 5 November 2014 police rescued two Tripura girls from a house in Dhaka. According to the girls’ parents, their daughter Nindobala Tripura (17) and Anjali Tripura (16) were brought to Dhaka by Surojit Barua for providing employment. However, they were made house maids of Mr. Surojit. For their work last one and half years they were not paid any salary rather they were physically tortured by the family members of Surojit. Even the house owner did not allow them to keep contact with their parents. With all these allegations police arrested Mr. Surojit Barua during the rescue operations from his Dhanmondi residence in Dhaka.

It was reported that the two girls were brought to Dhaka in August 2013. Victim Nindobala’s sister-in-low Nayan Tripura was known to Mr. Surojit. Using this connection Mr. Barua asked Nayan to bring two girls who are looking for job. Getting this offer Nayan brought these two girls. They both are permanent residence of Dittokarbari Para of Patachara Union in Ramgarh Upazila under Khagrachari district.

After coming to Dhaka, first two months Nindabala contacted with her sister Nindolakkhi but afterwards they have stopped all kinds of communication. Their parents tried in all kinds of ways to contact them but failed. When asked about the girls, Nayan Tripura informed that the girls are fine and in a few days they will be home soon. In this way time has passed but they were unable to contact the girls. In the meanwhile, on the 23 October 2014, Nindabala Tripura made a phone to Bipin Tripura, a local resident of Patachari. In the phone call, she mentioned that Surojit Barua withheld herself and Anjali Tripura on the above address and if they are not rescued soon they will be trafficked.

Knowing the above information, their parents tried contacting with Anjali and Nindabala but it did not work. Later, with the help of members of the Tripura Kallyan Songsod they have contacted with human rights organization Ain O Salish Kendra (ASK) for rescuing Nindabala and Anjali. One and half year of this cruelty ended when police raided on 5 November 2014. After being informed about the physical torture, the police rescued the girls and householder Suronjit Barua was arrested but his wife Sumita Barua (55) fled away.

Officer-in-Charge of Dhanmondi police station Abu Bakar said that, the two indigenous girls were withheld and they were physically and mentally tortured. They were not even allowed to contact their families at home. Victim Anjali Tripura’s father Mr. Purna Kumar Tripura has filed a case under Women and Children Repression Prevention Act against the householder. The case no. is 05, dated 05/11/2014, section 344/323/506 of Penal Code.

A Jumma women physically assaulted by a settler in Mahalchari

On 6 November 2014 police has arrested a person named Ibrahim Khalil (25) from Mahalchari Upazila in Khagrachari hill district on the ground of harassing a Tripura women.

It was reported that on 6 November 2014 in the morning the victim women went to Rash festival at Mahalchari from her village Ponkhimura. In the festival ground she was physically assaulted by Ibrahim Khalil, son of Ishak Ali of Khiyangghat cluster village. Immediately the culprit was caught by the crowd and handed over to the police. On the following day, police filed a case against accused Ibrahim Khalil in this connection with Mahalchari police station.

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source:

Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)

Badiul Alam gang files writ petition against cancellation of land leases to the High Court and continues to land grabbing and eviction of Jumma villagers in Alikadam

Recently on 13 March 2014, on behalf of none leaseholders, Mohammad Badiul Alam gang filed a writ petition to the High Court seeking direction upon the government authorities to reinstate the land leases which were cancelled due to fail fulfil the terms and conditions of the lease agreement.

It is mentionable that in early January 1996, on behalf of the Government of Bangladesh, the then Deputy Commissioner of Bandarban district Md. Mohi Uddin leased out in total 200 acres of land in Bandarban Hill District to a number of outsiders most of whom were renowned industrialists in the country on certain terms and conditions. The allotment of the leases was given for rubber plantation and afforestation including the plantation of various fruit bearing trees and wood trees for the period of 40 years.

Although somehow Government has taken steps against the lessees and cancelled some of leases on grounds of violation of the terms and conditions, three of them holding the lease case no. 209(D)/R/95-96, lease case no. 216(D)/R/95-96 and lease case no. 215(D)/R/5-96, have been discharged from the allegation recently. On 14 September 2009, the Deputy Commissioner of Bandarban, on behalf of the government, issued notices upon the lessees cancelling the lease agreement stating that the lessees have violated the terms and conditions of the lease agreement, as such, said lease agreement is liable to be cancelled.

Following the cancellations of these leases, on 13 March 2014, on behalf of following nine leaseholders, Mohammad Badiul Alam son of Alhaj M. A Rashid, his wife Mrs. Suraiya Alam and his son Md. Shahzadul Alam, all of House 2, Road 2, Block-B, Section-10, Mirpur, Dhaka filed the writ petition (petition no. 1482/2014) under the Article of 102 of the Constitution of Bangladesh to the High Court division of the Supreme Court. The nine leaseholders were:

1. Zaki Ahad, son of Nur-Al-Ahad, House 5, Block-29/A, Pallabi, Dhaka;
2. Zia Ahad, son of Nur-Al-Ahad, House 5, Block-29/A, Pallabi, Dhaka;
3. Fahima Ahad, wife of Zaki Ahad, House 5, Block-29/A, Pallabi, Dhaka;
4. H J Ahad, wife of Nur-Al-Ahad, House 5, Block-29/A, Pallabi, Dhaka;
5. Murad Mohammad Taj, son of Hazrat Shah Sufi Taj Islam, of Bishura Darbar Amantola, Khanka Sharif, Mirsharai, Chittagong;
6. Popy, daughter of Sirajuddin Ahmed Chowdhury, of 42/ Ka, Mohamamdpur, PC Culture and Housing Society, Mohamamadpur, Dhaka;
7. Hosner Jahan Ahad, wife of Nur-Al-Ahad of House 5, Block-29/A, Pallabi, Dhaka;
8. Lamiya Ahad, wife of Zaki Ahad of House 5, Block-29/A, Pallabi, Dhaka;
9. Rayeed, son of Zakia Ahad of 42/Ka, Mohammadpur, PC Culture Housing Society, Mohammadpur, Shyamoli, Dhaka.

The writ petition was filed against the seven respondents, such as, Secretary of Land Ministry, Secretary of CHT Affairs Ministry, Divisional Commissioner of Chittagong Division, Deputy Commissioner of Bandarban hill district, Upazila Nirbahi Officer of Alikadam upazila under Bandarban district, Assistant Commissioner (Land) of Alikadam upazila and Headman of 291 Toinfa Mouza of Alikadam upazila. It is worth mentioning that Mohammad Badiul Alam gang tactfully did not mention the name of Bandarban Hill District Council and CHT Regional Council, the main institution of administration and development in CHT, to avoid strong opposition from these authorities.

As the respondents did not oppose strongly against the writ petition, the High Court issued a stay order of cancellation of leases until and unless the Court issued final verdict. Following the stay order, the leaseholders are freely making plantations on the respective lands and threatening the indigenous Jumma villagers to leave the localities.

On 9 June 2014 K M Tarikul Islam, Deputy Commissioner of Bandarban hill district sent a para reply to the writ petition to the Solicitor Wing of Writ Branch of Supreme Court. Deputy Commission mentioned in his reply that the statements made in paragraph No.6 of the writ petition in respect of General Power of attorney sworn in by the leasees in favour of petitioners with a proposal of sub-lease to the petitioners are not acceptable as not consistent with the terms of lease mentioned in the lease deed. It is submitted that no where the leasee is authorised as per concluded prescribed lease deed u/r 34 ( I ) (f) to empower a specified person to act for and in the name of the lease executing power of attorney further it is detrimental to the Government Policy to encourage real and appropriate zealous ambitious entrepreneurs directly to come forward in taking risk and opportunity working practically in the rubber plantation or other plantation on commercial basis. Handing down impliedly to sub-leasee without prior permission of the Deputy Commissioner is clear violation of term 12(a) and term 18 of the lease deed for which lease is subjected to cancellation.

In his reply, Deputy Commissioner also mentioned that petitioners has no right to get any remedy form this Hon'ble bench. It is submitted that section 19 of the CHT Regulation 1900 is very clear with regard to Jurisdiction "Except as provided in this regulation or in any other enactment for the time being in force a decision passed, act done, or order made under this regulation or rules there under, shall not be called in question in any civil or criminal Court." That in view of the above provisions of law the petitioners application is not maintainable.

Leaseholders hire Badiul Alam gang to grab more lands and look after plantations

The following seven leaseholders who are leaders of ruling Awami League engaged Badiul Alam in lieu of handsome amount of money to look after the plantations of leasing lands and to grab more lands belonging to indigenous Jumma and permanent Bengali resident. The seven leaseholders were:

1. Advocate Syed Rezaul Rahman, Advisor of central committee of Awami League and Prosecutor of International Court on, lease plot no. 12 of Toinfa mouza of Alikadam upazila;
2. Professor Mamtaz Begum, MP and Chairman of Jatiya Mohila Sangstha (National Women Committee), plot no. 13 of Toinfa mouza of Alikadam upazila;
3. Syed Rizia Begum, lease plot no. 14 of Toinfa mouza of Alikadam upazila;
4. Ahmed Kabir, plot no. 15 of Toinfa mouza of Alikadam upazila;
5. Raihan Ara, plot no. 16 of Toinfa mouza of Alikadam upazila;
6. Shahjahan Mukul, plot no. 17 of Toinfa mouza of Alikadam upazila;
7. Brigadier Morsed Alam, plot no. of Toinfa mouza of Alikadam upazila.

Badiul Alam and his gang have created a reign of terror at Toinfa mouza of Alikadam upazila of Bandarban district. Hundreds of acres of land of indigenous Jummas and some local Bengalis have already been grabbed by this influential land-grabbing band. Badiul Alam gang has been grabbing the ancestral lands of indigenous Jummas of this area adjacent to Alikadam-Thanchi road for last four years. The lands include land for shifting cultivation of indigenous Jummas.

According to the local people, Md. Badiul Alam is a resident of Comilla district headquarters and he lives in Dhaka who is a very influential person. He had acquaintance with former Upazila Nirbahi Officer (UNO) of Alikadam Mohammad Asaduzzaman. When he came to Alikadam from Dhaka by riding Pajero car he used to live and eat in his home. In several programmes, he adorns the chair of the chief guest. He has locally formed a cadre group by hiring some desperate people comprising both Bengali and indigenous people. His terrorist group regularly threatens local innocent permanent Bengali and indigenous peoples. The Badiul Alam gang has also built a few mile long roads for their expediency. In the farm house of Badiul Alam daily 15-20 people regularly work. According to the local people, Md. Badiul Alam regularly threatens the local Mro, Tripura, Marma and Tanchangya indigenous peoples of filing false charges and of killing.

Cancellation of Land Leases as per CHT Accord

Huge tracts of land were given lease to non-indigenous outsiders in 1980s and 1990s for rubber plantation and other commercial purposes. Around 2000 plots covering 50,000 acres of land have been given lease in three hill districts. The Accord provides that out of the lands allotted to non-tribal and non-local persons for rubber and other plantations, the lease (allocation) in respect of the lands of those who did not undertake any project during the last ten years or did not properly utilize the lands shall be cancelled. During the period of previous government (2009-2013), about 593 plantation plots so far have been cancelled. But to the utter frustration of the CHT people, the Deputy Commissioner of Bandarban district has reinstated most of the plots to the owners.

On the other hand, allotments of land under this category continue unabated by the district authorities. The Deputy Commissioner of the Bandarban district continues to give hundreds of acres of land in lease to the outsider non-tribal Bengali people in violation of the concerned provisions of the CHT Accord.

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Courtesy:

Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)

Civic group concern over the govt’s move to establish a BGB camp in Bandarban by acquiring indigenous people’s farm lands and a crematorium

Civic group concern over the govt’s move to establish a BGB camp in Bandarban by acquiring indigenous people’s farm lands and a crematorium

Civic rights group expressed concern over the government’s move to establish a Border Guard Bangladesh (BGB) sector headquarters at Rawangchari upazila in Bandarban by acquiring indigenous Jumma people’s farm lands and a crematorium. They demanded immediate cancellation of establishment of BGB sector Headquarters.

Civic rights group raised the demand in a press conference held on 28^th October 2014 at 11:00 am at Reporters Unity in Dhaka. The conference was held after the on-site inquiry of the grabbing of farm land and cremation ground by the BGB for the establishment of BGB sector headquarters in Kraikhyong-Hangsama Para in between Bandarban sadar and Rowangchari upazila in Bandarban district.

Mr. Dipayan Khisha an indigenous rights activist facilitated the conference while eminent columnist and researcher Saiyod Abul Maksud, Trustee of Liberation War Museum Zia Uddin Tarik Ali, associate professor of Mass Communication and Journalism Department of Dhaka University Robayet Ferdous, Human Rights Activist Advocate Nilufar Banu, Film Director Rashed Ryan and Executive Director of Kapaeeng Foundation Pallab Chakma were present among others. Rajib Mir, associate professor of Mass Communication and Journalism Department of Jagannath University read out main script of the press conference on behalf of the visiting team.

Eminent Columnist and researcher Mr. Syed Abul Maksud said that this issue should be raised in the Parliament and the establishment of the BGB sector Headquarter should be suspended until the issue is dissolved. He said this is a violation of the rights of indigenous peoples. The state is not discharging its responsibilities properly. He said that the government should immediately suspend the project.

Mr. Robayet Ferdous said that, militarization in CHT is still prevailing and there are 6 cantonment in 3 hill districts. The State doesn’t consider the indigenous people as its own people. That’s why indigenous peoples’ ancestral land has been grabbed violating the CHT Accord of 1997 and the provisions of CHT Regulation of 1900 and without any discussion with the concerned Circle Chief, Headmen, and Karbaries. There is no freedom of thoughts under military rule. He opined that by any means, the rights of the indigenous people and their lands should be protected.

Mr. Rajib Mir stated in his written statement that, they (BGB) have put up fence in a vast area without any beforehand notification. There is complains that the disadvantage indigenous people have lost almost everything they have to the land grabbers. Recently, the land grabbing for establishing of the BGB sector headquarters in the Khraikhyong-Hangsha Para of Rowangchari upazila it’s a new addition. It’s a questionable act when there is no discussion with the local leaders and the local people. Land grabbing would lead to the fear of eviction of indigenous villagers as well as demographic destruction of the region. He said that livelihoods of at least 300 families would be affected if the farm lands were was acquired for the paramilitary establishment.

The following recommendations have been proposed on behalf of the civic group that have visited the spot recently in the Press Conference:

1. Grabbing of lands for building BGB sector Headquarter without the recommendation of Bohmang Circle Chief, Mouza Headman is a clear violation of the rules of the traditional land management of Chittagong Hill Tracts.
2. Steps should be taken for proper discussion of the issue with CHT Regional Council, Bohmang Chief Circle, Mouza Headman, and the local dwellers.
3. There should be a time frame with road map of the full implementation of the CHT Peace Accord of 1997.

It is mentionable that the local indigenous Marma villagers submitted a memorandum to the Prime Minister of the Government of Bangladesh on 29 October 2014 demanding cancellation of land acquisition for BGB camp. They mentioned in the memorandum that Only 450 acres of land are currently available for traditional Jum cultivation for 500 landless families in 11 villages of the mouza. Out of the 7,000 acres of land under the mouza, 4,550 acres had been acquired by the forest department, 1,000 acres are unarable land and 1,000 acres belong to individual owners. At least 2,000 acres of arable land are required for the sustenance of 1,500 families who live in the mouza.

More than a month ago, the home ministry gave its approval to acquire 34 acres of land for building the headquarters along the Bandarban-Rowangchhari road in Bandarban Sadar upazila. Inhabitants of two indigenous Marma villages claimed that the community land, which provided them with a livelihood and a cremation ground, fall within the area earmarked for the headquarters. The area was sealed off with a barbed wire fence by the BGB a month ago.

Please visit following links for media reports:

http://www.thedailystar.net/100-indigenous-families-at-a-loss-47869

http://newagebd.net/61851/rights-group-concerned-over-land-acquisition-for-bgb-at-rawangchari/#sthash.87rj3hk7.xCAe6ipo.dpbs

http://www.thedailysangbad.com/index.php?ref=MjBfMTBfMjlfMTRfMV8xNF8xXzE2ODE1NQ%3D%3D


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courtesy:

Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)

2nd National Indigenous Women Conference held in Dhaka: Indigenous women declare Dhaka Declaration for united movement

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Second National Indigenous Women Conference was held at CBCB Centre in Dhaka on September 6-7, 2014. The two-day long national conference was jointly organised by Bangladesh Indigenous Women’s Network (BIWN) and Kapaeeng Foundation in co-operation with Oxfam and European Union with the titled ‘Strengthen Unity and Solidarity for Establishing of the Rights of Indigenous Women’. A total of 120 indigenous women rights activists and organisers from different parts of the country attended the conference. Despites representatives of 16 indigenous organisations and 15 indigenous ethnic groups, a number of indigenous young women and girls working for rights of indigenous peoples were present in the event.

Indigenous women rights activists, indigenous rights activist, youths, leaders of national level mainstream women organisations and indigenous experts spoke in the conference and shared their experiences regarding the causes of the indigenous women in Bangladesh.

In the opening session, Ayesha Khanom, president of Bangladesh Mohila Porishod inaugurated the conference lighting the candles. Among others, Mr. M B Akhter, program manager of Oxfam; Mr. Mangal Kumar Chakma, advisor of Kapaeeng Foundation; Mr. Sanjeeb Drong, general secretary of Bangladesh Indigenous Peoples Forum were spoke in the inaugural session while Ms. Minu Maria Mrong presided over the program.

The Chief Guest of the opening session Ms. Ayesha Khanom expressed her solidarity for the movement of indigenous women and she hoped through this indigenous women network, the struggle of indigenous women will be strengthened and solidarity between the movements of indigenous women and mainstream women will also be accelerated. Other speakers urged the leaders and representatives of indigenous women’s organizations to be united for the rights of indigenous women.

The two days long conference cum workshop has been organised with women participants from both plain land and the Chittagong Hill Tracts (CHT). A number of issues were discussed in the workshops, including overall human rights situation of indigenous women, development of indigenous women leadership, indigenous women rights in the process of development of human society and future action plan of indigenous women organisations. Different sessions of the conference were conducted by Advocate Rakhi Das Purokaistha, Bangladesh Mahila Parishad; Mr. Mangal Kumar Chakma, advisor of Kapaeeng Foundation; Mr. Shakti Pada Tripura, organising secretary of BIPF; Mr. Saikat Biswas, program coordinator of Oxfam-GB; and Pallab Chakma, executive director of Kapaeeng Foundation. On behalf of BIWN secretariat, a brief report on last two years activities of BIWN was presented by Falguni Tripura. 

It is learnt that although there were many limitations in BIWN, it had done many significant works in the last two years. BIWN organized training and human chain on VAIW issues and submitted memorandum to State Ministry of home affairs. BIWN also published two books on violence against indigenous women in Bangladesh. One is jointly published with CHT Commission and IWGIA titled on `Marginalisation and impunity violence against women and girls in the Chittagong Hill Tracts’. Moreover, BIWN had submitted communications to CEDAW committee, CSW and CERD committee. Besides, representatives of BIWN attended in indigenous women related conferences and played a vital role both in national and international level. 

In the conference, women representatives from different indigenous region presented regional situational reports. From their presentations, it is reported that indigenous women both in the CHT and plain land are facing serious violation of human rights, sexual violence, insecurity, harassment, threats and so on in their daily life. Due to non-implementation of CHT Accord of 1997, lack of women’s participation in development processes, political arena and decision making process, women are struggling for their rights. In many cases, they remain out of education and healthcare services both in the CHT and in the plains. The biggest concern is rape and other violence against indigenous women. According to the participants, it is occurring repeatedly due to lack of access to justice and absolute impunity that perpetrators enjoy.

In group works, the participant identified some major problem of present situation on indigenous women issues. Participants from North Bengal described that they are facing land problem as no land commission established for indigenous peoples in the plains yet. They also mentioned about discriminations of wage while participants of greater Mymensingh raised the issues of sexual harassment and false cases in connection with protest against eco-park establishment by the government in the name of development. Sylhet region women leaders stated that they are facing continue eviction from their ancestral land and pan punjees (betel leaf cultivation). The owners of tea garden and land grabbers play vital role in this regards. On the other hand, a group from Coastal area mentioned that they are having problem with land grabbing and natural disaster which are big problem in coastal region. 

At the end of the Conference, indigenous women leaders and representatives of indigenous women’s organisations adopted ‘Dhaka Declaration’ for united and greater movement in coming days. The followings are the some crucial recommendations included in the declaration -

• Ensure human rights of indigenous women.
• Take steps to eliminate violence against indigenous women and girls.
• Ensure exemplary punishment to the perpetrators of violence against indigenous women and children.
• Provide compensation, treatment and legal help to the victims of sexual harassment.
• Ensure participation of indigenous women representatives in decisions making process
• Implement the CHT Accord and declare a roadmap for its speedy implementation.
• Establish a land commission for indigenous peoples of plain land.
• Ensure education and health care services for indigenous women
• Reserve seat for indigenous women both in parliament and local government’s bodies.

Finally, a 15 member coordination committee was formed for smooth functioning of BIWN for the period of 2014 -2016. In the new committee, Ms. Minu Maria Mrong and Chanchana Chakma were selected as convener and member-secretary respectively.

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courtesy:

Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)