Community Seminar at Sitakunda: Land rights of indigenous Tripura community will be protected, says ABM Abul Kashem MP

On 14-15 June 2013 a community seminar titled ‘Community Seminar on ILO Convention 107 and 169 and Human Rights Documentation of Indigenous and Tribal Peoples in Chittagong Region’ was organized by Kapaeeng Foundation at Sitakundo Regional Training Center under Sitakunda upazila in Chittagong district, supported by ILO. Mr. ABM Abul Kashem MP, Chairman of Parliamentary Standing Committee on Commerce Ministry was present as chief guest.
 
Officer-in-Charge (OC) of Sitakundo Model police station Mr. Samiul Alam, Assistant Commissioner (Land) of Sitakunda upazila Mr. Abdulla Al Mamun, Organizing Secretary of Bangladesh Indigenous Peoples Forum Mr. Shaktipada Tripura, Organizing Secretary of Bangladesh Hindu Buddhist Christian Unity Council Mr. Tapos Hore, joint secretary of South Chittagong district branch of Bangladesh Hindu Buddhist Christian Unity Council Prof. Prodip Kumar Chowdhury, general secretary of Sitakunda branch of Bangladesh Hindu Buddhist Christian Unity Council Mr. Dipok Chandra Dey, consultant of ILO Ms. Uchacha A Chak and Rabindra Tripura of Tripura Kalyan Samsad were present as special guest.
 
Mr. Mangal Kumar Chakma, adviser of Kapaeeng Foundation presided over the meeting and Mr. Hiran Mitra Chakma delivered the welcome speech while Ms. Falguni Tripura Flora conducted the session.
 
Mr. ABM Abul Kashem MP, in his speech, said that, present government is very sincere in establishing the rights of indigenous peoples. No discriminatory act will be conducted with indigenous peoples. Present government is working for ensuring all rights of indigenous peoples including land rights, educational rights and cultural rights. He said that government will take all necessary steps for promoting the rights of indigenous peoples. He also mentioned that local administration will also support the indigenous peoples. He promised to support for promoting the rights of indigenous peoples of the area.
 
Officer-in-Charge (OC) of Sitakunda Model police station Mr. Samiul Alam assured that he would take necessary measures in providing security of lives and property of local Tripura villagers. 
 
Assistant Commissioner (Land) of Sitakunda upazila Mr. Abdulla Al Mamun said that as per provision of the East Bengali Tenancy Act 1950, no land belonging to indigenous people can be transferred without approval of district Revenue Officer.
 
Organizing Secretary of Bangladesh Indigenous Peoples Forum Mr. Shaktipada Tripura requested ABM Abul Kashem MP and local administration to cancel lease of land given to influential Bengali businessmen violating traditional land rights of indigenous Tripura villagers in Sitakunda.
 
In his concluding speech, Mangal Kumar Chakma said that soon after independence of the country, the government of Bangladesh ratified ILO Convention No. 107 on Indigenous and Tribal Populations in 1972. By virtue of this Convention, the government recognized traditional land rights of indigenous peoples. However, the government did not take any initiative to protect traditional lands of indigenous peoples. He requested ABM Abul Kashem MP and local administration to protect traditional land rights of indigenous peoples as per ILO Convention No. 107.
 
It is worth mentioning that there are around 3,000 indigenous Tripura people living in 8 villages under Sitakunda upazila. The lands, where indigenous Tripura community have been living for generations, were given lease to influential Bengali businessmen. The lease holders and their henchmen have been threatening Tripura villagers to evict from their ancestral villages. With the intention to evict them, the gang of lease holders conducted several attacks on indigenous Tripura villagers leaving several houses ransacked and valuables of houses looted.
 
The community seminar was organised to building capacity of indigenous peoples human rights defenders on human rights documentation, advocacy, lobby and campaign for promotion and protection of indigenous peoples’ human rights. 42 indigenous activists from Sitakunda, Miraswarai and Fatikchari upazilas and Chittagong metropolitan city under Chittagong district, Cox’s Bazaar and Chittagong University belong to Tripura, Chakma, Marma, Thanchangya, Rakhaine and Bawm communities participated in the community seminar.

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source:
 

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

Five Jummas roughed up by settlers in Khagrachari

On 30th June, 2013, five Jummas were roughed up by Bengali settlers in two separate incidents in Khagrachari district.

According to sources, the Bengali settlers beat up four Jummas in Baro Pilak bazaar under Hafchari Union in Ramgarh.

The victims were identified as Babu Marma, 18, son of Aung Thoai Marma; Kyojo Chai Marma, 22, son of Momong Marma; Apru Marma, 22, son of Sachi Marma; and Mongsanu Marma.

The incident occurred in the evening when they were on their way back home in the village of Toikarma Para after working in Patachara Bana Vihara (Buddhist temple).

As soon as they reached Baro Pilak bazaar, the settlers caught and beat them in retaliation for the beating of a Bengali settler named Siddik allegedly by Democratic Youth front (DYF) activists during their roads and waterways blockade programme.

Later the army personnel from the near camp rescued the victims.

In another incident, some Bengali settler youths picked up Nitish Chakma, 18, son of Liton Chakma from Kalyanpur in Khagrachari district town.

They beat him up before handing him over to the police.

Nitish, a resident of South Pankhaiya Para of Khagrachari town, was waiting for his friend on the road at Kalyanpur when the settlers came and took him away, accusing him of taking part in attacking an autorickshaw during the roads and waterways blockade programme.

The settlers handed him over to the police after beating, but the police released him as there was no evidence of his involvement in any wrongdoing.

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courtesy: chtnews.com

Bengali settler attack in Gomati: UPDF urges govt to bring back evicted villagers

On 21st June, 2013,  United Peoples’ Democratic Front (UPDF), urged the government to bring back the forty Tripura families who fled their homes in the face of a settler attack in Gomati under Matiranga Upazila in Khagrachari district.

The attack took place on Tuesday (18.06.2013) in the village of Takar Moni Para, one and a half kilometers north-east of Gomati bazar.

The victims – more than 90 persons of 40 families – fled into the jungle and finally took refuge in Birashi Muro and Heya Para villages.

Three days after the attack, they were still feeling insecure to return to their homes.

The local civil administration did not take any step to bring the villagers back and rehabilitate them.

One of the victims, Motin Tripura, however, said Lt. Col. Nuruzzaman, commander of BGB’s Palashpur Zone, had contacted him over mobile phone to assure him that no such incidents would recur in future.

“Nuruzzaman requested us to return to the village” he said.

The chief organizer of the UPDF Khagrachari Unit, Pradipan Khisha, in a statement called upon the government to bring back the evicted Tripura villagers and rehabilitate them in their own village.

He also urged the government to guarantee safety of life and property of the victims.

‘The way the local administration has denied both the attack and the resultant exodus of the villagers is regrettable and unwarranted,’ the UPDF leader said.

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courtesy: chtnews.com

Civic rights team demands to protect indigenous Chak and Mro community from eviction by land grabbers in Bandarban

Civic rights activists demanded to protect indigenous Chak and Mro villagers from eviction by the land grabbers in Naikhyongchari and Lama upazila under Bandarban district and to arrest accused land grabbers as soon as possible. They demanded to return indigenous peoples land and to rehabilitate them to their own place soon.
 
This demand was raised by the civic rights group organized at a press conference held on 19 June 2013 at Liberation War Museum in Dhaka to express their opinion on recent fact finding mission on eviction of indigenous Chak and Mro community from their ancestral lands by the land grabbers in Naikhyongchari and Lama upazila under Bandarban district.
 
It is noteworthy that a civic rights team comprising of 14 persons of human rights defenders, indigenous rights activists, media activists and development workers led by eminent human rights defender Pankaj Bahttacharya conducted an on-site inquiry of eviction of indigenous Chak and Mro villagers from their ancestral villages by the land grabbers in Naikhyongchari and Lama upazila under Bandarban district.
 
Eminent writer and researcher Syed Abul Maksud, eminent human rights defender Pankaj Bahttacharya, President of College-University Teachers' Association Prof. Dr. Noor Mohammad, Information and Publicity Secretary of Parbatya Chattagram Jana Samhati Samiti (PCJSS) Mr. Mangal Kumar Chakma, Executive Director of IED Mr. Numan Ahmed Khan, Associate Professor of mass communication and journalism department of Jagannath University Mr. Rajib Mir, Deputy Director of Association for Land Reforms and Development (ALRD) Ms. Rowshan Jahan Moni were present at the press conference.
 
The program was presided over by Pankaj Bahttacharya and conducted by member of Kapaeeng Foundation Mr. Dipayon Khisa. Associate Professor of mass communication and journalism department of Jagannath University Mr. Rajib Mir read out a written statement on behalf of site inquiry team.
 
Mr. Rajib Mir stated that on 14 June 2013 a civic rights group visited the incident spot in Bandarban to observe and assess the real situation when they came to know about 21 families of indigenous Chak community were evicted by land grabbers from ancestral homes at Chak Para of Naikhangchhari upazila in Bandarban. The following day, on the 15^th of June 2013, the team also visited the Baishiri area where victims took shelter in the nearing area and living like refugees in inhuman conditions.  During the visit, the team had a detailed discussion with the local leaders, accused group, police, general people at local level. On 16 June, Also the team had appointments about its visit with the Chairman of the Hill District Council, District Commissioner of Bandarban district, Bohmang circle chief and Chakma circle Chief in Bandarban.
 
Mr. Rajib Mir said that the recent plot to evict 21 families from their ancestral home Badojhiri shows a clear image of land grabbing in public that the land acquisition process is still going on in CHT, which basically started from 1970 by the state, security forces and all major political parties along with private and real estate companies directly or indirectly, openly or silently occupied a vast tract of land owned by the indigenous people. The total 210 Mro families at Lulaing area of Soroi union of Lama are now living under threat of existence while the Chak families from Badoljhiri took shelter under Baishari union and trying to eke out a living as day laborers. Before eviction, most of the evicted indigenous Chak families were Jum cultivators, and looting and robbery was taking place regularly in that area by Bengali settlers to snatch the earnings and benefits of indigenous peoples from market. On 1 March 2013, Bengali settlers have been attacked and looted all valuables from indigenous community houses. Finally they had no choice except leaving their places as the land grabbers kept on pressurizing them either to leave the place or face communal attack.
 
Some remarkable recommendations were made in the written statement by fact findings team is as follows:
 
1. Indigenous people have been facing forced evictions regularly in CHT, but the perpetrators’ are protected by local administrations. The protection should ensure to indigenous peoples too to pass their lives in freedom by state laws and regulations. The accused land grabbers should be arrested as soon as possible.
 
2. Return indigenous peoples land and rehabilitate the displaced families to their own place soon.
 
3. Leasing to business companies in a democratic state without public concern is an attitude of non-democratic and being the historical dominant political system. So, illegal land leasing should be cancelled.
 
4. At least five acres lands should be allocated for each evicted family which could be mere handover internally.
 
5.  Provide vocational training to evicted community using their skills and expertise in modern time.
 
6. Amendment of contradictory provisions of CHT Land Dispute Resolution Commission Act 2001 as per decisions of CHT Accord Implementation Committee and Inter-ministerial meeting held on 30 July 2012 with Law Minister in the chair.
 
Eminent writer and researcher Syed Abul Maqsud said, government should concentrate to indigenous peoples to ensure their rights. The values and culture of all minorities in Bangladesh should get highest priority. Eviction to indigenous peoples is a human rights violation. Government is responsible for human rights violations. Even if any citizen living conditions in the face of the threat of violence and crime in a state, government is responsible for that.
 
Human rights defender Pankaj Bahttacharya said, Bangladesh was controlled over by the British rule in British period long time ago. Bangladeshi Government is repeating same violations with indigenous peoples what British people did with Bangladeshi during British rule in Bangladesh. Particularly, the government is applying some laws on CHT ignoring international laws and without having discussion and consultation with the CHT Regional Council. The continuous discrimination and human rights violation, land grabbing and settlers displacement in the CHT in the name of development have proved that government has a secret intention to social assimilation as well as ethnic cleaning in Bangladesh. He also added, different companies, politicians, cinema actors, civil and military officers, businessmen have been grabbing indigenous peoples land.
 
Mr. Bhattacharya expressed his opinion on this that this situation is pulling back into past history. It proved that Bangladesh still upholds the same situation of brutality of 1972 period of Bangladesh. However, local administration has been playing passive role which encourages the outsiders to occupy more land freely. He was wondered and asked to government – isn’t this type of situation leading once again taking up armsagainst the government by indigenous people?
 
Mr. Bhattacharya said more, we should not allow anymore eviction in indigenous peoples land. Government is still displacing settlers in the CHT with having indigenous people’s eviction thereby drastically changing the demographics of the region. Finally he demanded to implement the above mentioned recommendation in the statement.
 
Dr. Mohammad Nur Talukder said, the land grabbers are occupying lands with the intention of tobacco and rubber plantation. They are grabbing lands from innocents’ indigenous farmers showing financial interest and threat of extreme. He requested to government to stop tobacco cultivation in CHT.
 
Mr. Mangal Kumar Chakma said Bangladesh Government already ratified the ILO convention 107 in 1972, but neither indigenous people’s lands nor rights are protected following by this international treaty. As implication, indigenous peoples have been evicted with a silent socio demographic change of land grabbing in CHT. He requested to government to implement ILO convention 107, and CHT Accord 1997 in the CHT immediately. Besides, he demanded to amend the CHT Land Disputes Resolution Commission Act as per decision of the CHT Accord Implementation Committee and inter-ministerial meeting held on 30^th June 2012 and as per recommendations of CHT Regional Council and CHT Affairs Ministry.
 
The members of fact finding mission team include Pankaj Bhattacharya, vice president of Sammilito Samajik Andolon; Prof. Dr.Noor Mohammad, President of College-University Teachers' Association; Mr. Numan Ahmed Khan, Executive Director of IED; Rajib Mir Associate Professor of mass communication and journalism department of Jagannath University; Dipayon Khisa, Member, Kapaeeng Foundation; Ms. Yasmin Piu, Reporter, The Daily Ittefaq; Ms. Jhorna Moni, Senior Reporter, The Daily Bhorer Kagoj; Rashed Alam, Staff Reporter, The Daily Sangbad; Ujjal Tanchangya, The Daily Samakal; Buddha Jyoti Chakma, The Daily Prothom Alo; Tanvir Ahmed, Senior Reporter, Bangla Mail 24.com; Ripan Banai, Member of Bangladesh Indigenous Peoples Forum; Tofael Ahmed, Cox’s Bazar and Arun Bikash Dey, Reporter, The Daily Star.
 
Please find few media reports (in English and Bangla) on this press conference.
 
http://www.thedailystar.net/beta2/news/pankaj-demands-nhrc-chairmans-resignation/
 
http://www.daily-sun.com/details_Resignation-of-NHRC-chief-demanded_533_1_1_1_8.html
 
http://newagebd.com/detail.php?date=2013-06-20&nid=53756#.UcJrZ9iYUb4
 
http://www.samakal.net/2013/06/19/5510
 
http://www.kalerkantho.com/print_edition/index.php?view=details&type=gold&data=news&pub_no=1279&cat_id=1&menu_id=43&news_type_id=1&index=16#.UcJkjtiYUb4
 
http://www.sangbad.com.bd/index.php?ref=MjBfMDZfMjBfMTNfMV8xM18xXzEzNTAwNw==
 
http://www.prothom-alo.com/detail/date/2013-06-21/news/361993
 

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courtesy:

Kapaeeng Foundation

(A Human Rights Organization for Indigenous Peoples of Bangladesh)

Shalma Garden, House # 23/25, Road # 4, Block # B, PC Culture Housing, Mohammadpur, Dhaka-1207, Telephone: +880-2-8190801

Email: kapaeeng.foundation@gmail.com, kapaeeng.watch@gmail.com, Web: www.kapaeeng.org

Settler attack in Gomati: 40 Jumma families flee homes

On 18th June 2013, Bengali settlers attacked Jumma villages in Gomati under Matiranga Upazila.

About 200 Bengali settlers from Bandorchara near Gomati bazaar mounted the attack on Takar Moni Para, a Tripura neighborhood, on Tuesday night.

All the 40 families of the village fled into jungle.

Full details of the attack are yet to emerge, but many victims said they had seen the attackers ransacking their homes.

Motin Tripura, 35, who took refuge in the jungle along with other villagers, told chtnews.com: ‘It was about 1:30 at night when the settlers came and attacked our village. They were armed with machetes and sticks, and forced us to leave our homes.’

He said they had spent the rest of the night in the jungle and are without food and shelter.

‘We cannot go back to the village for fear of the settlers.” he added.

When asked why the settlers carried out the attack, he said, ‘I believe the attack was aimed at driving us out and then taking over our lands.’

According to various sources, Tofail Ahmed, a local Awami League leader, led the attack.

Settler attacks and military repression on Jumma people are now on the rise in Matiranga-Ramgarh area of Khagrachari district. Following are few examples:

1. On 8 June, two Jumma activists, Sushanta Tripura and Amal Tripura, were arrested in Taipa area under Gomati Union by BGB personnel. The victims were on their way back home in Matiranga after attending a series of public meetings in Tabalchari and Gomati. The BGB placed a worn-out gun in their hands before handing them over to the police.

2. On 25 May, two UPDF activists, Sajaimong Marma and Moni Kishor Tripura, were arrested by army from Chenguli Para in Ramgarh. The army placed a gun in their hands before handing them over to the police.

3. On the night of 19 May, BGB personnel from Palashpur zone raided Takar Moni Para village and picked up four innocent villagers. One villager said their only crime was that they have never committed any crime.

4. On the night of 26 April, a group of army from Sindukchari zone raided Boishnob Para in Ramgarh Upazila following a fire in a farm house that the Jummas claim to have been caused by Bengali settlers. The army made no inquiry as to the cause of the fire and tortured seven Jummas after putting the blame on them. However, it was proved later that no Jumma was involved in causing the fire.

5. On the night of 25 April, a group of BGB men from Khedachara zone surrounded the house of Motin Kumar Tripura and picked up his father, Japan Kumar Tripura.

6. On 2 and 5 April, Bengali settlers attacked Pran Kumar Para under Bornal Union in Matiranga Upazila, forcing all the 27 Tripura families of the village to take shelter in the jungle. The settlers looted and ransacked their houses.

7. On 1 February, at 7pm, Lt. Col. Nuruzzaman, commander of Palashpur zone of Border Guards Bangladesh, arrested Kalin Tripura, 35, son of Dharma Joy Tripura, a resident of Apurna Mahajon Para. The victim was on his way back home after work from Birashi Muro when the arrest was made. The BGB placed a home-made gun in his hand and then handed him over to the police.

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source:

Chtnews.com

Settlers threaten to blaze Jumma villages in Matiranga

On Tuesday, June 18th 2013, Bengali settlers threatened to burn down Jumma villages in Matiranga, Khagrachari district as they enforce a 72-hour general strike in the three districts of the CHT.

A group of settler pickets gave the threat at Signboard area of Ballyachari in the morning on that day.

According to sources, a group of 15 - 20 settlers went to Ballyachari School Para and Signboard area and forced the Jummas to shut their shops.

When the Jummas protested at their highhanded behaviour and tried to keep their shops open, the settlers fanned communal tensions and used threats.

The settlers told the Jumma shopkeepers: ‘Don’t go too far; we’ll blaze your houses by night.’

Police remained silent spectator when the settlers were having their field day.

Later army personnel were reinforced and they asked the Jummas to get away from the place.

The army also assured the Jummas that they would bring the situation under control.

Another source said Bengali settlers in Muslim Para, Goia Para, Chor Para, Adarsha Gram and Natun Para, in separate meetings on Monday (17th June) night, were planning to mount attacks on Jumma villages at the end of their 72-hour strike.

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source: chtnews.com

State of amendment of CHT Land Disputes Resolution Commission Act 2001

The government of Bangladesh is finally going to amend contradictory provisions of the CHT Land Disputes Resolution Commission Act 2001. On 27 May 2013 the Land Ministry placed a draft amendment bill titled “CHT Land Disputes Resolution Commission Act (Amendment) Bill 2013” before the Cabinet and accordingly on 3 June 2013 the Cabinet approved this amendment Bill. Again, on 16 June 2013 the amendment Bill 2013 has been introduced in the Parliament for adoption. The Parliament sent it to the Parliamentary Stating Committee on the Land Ministry seeking its opinion within 7 days.
 
However, indigenous leaders expressed their concerns saying that some contradictory provisions have NOT been incorporated properly as per 13-point amendment proposals of the CHT Affairs Ministry and the CHT Regional Council which were consecutively approved by the CHT Accord Implementation Committee (in its 4^th and 5^th meetings) and Inter-ministerial Meeting held on 30 July 2012 headed by Honorable Law Minister Barrister Shafique Ahmed.
 
It is observed that out of 13-point amendment proposals, only 10 amendment proposals have been incorporated in the “CHT Land Disputes Resolution Commission Act (Amendment) Bill 2013”. Among them, eight provisions have been placed in conformity with the 13 point proposals and the rest two provisions have NOT been incorporated properly. These include exclusion of the word “practices” in the clauses (a), (b) and (c) of the Sub-section 6(1) and the word “occupied land” in the clause (c) of the Sub-section 6(1).
 
The word “practices” (usages) is most important in term of land management and administration in the CHT. One of the most crucial examples is mandatory practice to take report or recommendation from the concerned Headman (mouza head) in transferring, settling and acquiring any land of the hill districts whether the concerned land is free from dispute. Considering this importance, CHT Accord of 1997 stipulates to resolve land disputes by the Land Commission in accordance with the existing laws, customs and practices in the CHT. However, government inserted only “existing laws and customs” in the CHT Land Disputes Resolution Commission Act 2001 excluding the word “practices”.
 
In addition, the 13 point amendment proposals also recommend to omit the proviso of the Sub-section 6(1) which says that this sub-section shall not be applicable in case of Reserved Forests, Kaptai Hydroelectricity Project area, Betbunia Earth Satellite Station, state-owned industries and land recorded with the Government or local authorities.” However, this amendment proposal has NOT been incorporated in the amendment Bill 2013 which was adopted by the Cabinet on 3 June 2013. If this proviso is retained, then most of the land disputes remain resolved.
 
On the other, the CHT Accord also provides to cancel such lands including fringe land that given in settlement or occupied in violation of the existing laws, customs and practices in the CHT. However, the government excluded the word “or occupied” in the CHT Land Disputes Resolution Commission Act 2001. Despite land disputes of returnee refugees, there are huge lands occupied forcibly in the CHT. So, if this word “or occupied” is not inserted in the Act, around 70% land disputes remain unresolved or out of jurisdiction from disposal of the Land Commission.
 
Besides, there are three important provisions which have totally been missing in the amendment Bill 2013. One is related to Quorum. Current provision of the CHT Land Disputes Resolution Commission Act 2001 provides to have Quorum with its chairman and other two members. However, among the members of the Commission, chairman of the Hill District Council and circle chief are directly related to land management and administration in the CHT. So, in order to ensure presence of one of them in resolving land disputes, 13 point amendment proposals include to have Quorum with the chairman and other three members. However, the amendment Bill 2013 excluded this important amendment proposal which may hinder in smooth resolving of the land disputes in the CHT.
 
Another one is new provision for inclusion of the functions of CHT Land Disputes Resolution Commission into the CHT Affairs Ministry instead of the Land Ministry which has NOT been incorporated in the amendment Bill 2013. In fact, in national level, this is the CHT Affairs Ministry on which all matters relating to the CHT affairs have been bestowed to deal. However, the CHT Land Commission has been kept under the jurisdiction of Land Ministry. That is why, the 13-point amendment proposals recommend to insert a new provision (Section No. 21) which includes the functions of the CHT Land Commission into the CHT Affairs Ministry.
 
Following is the comparative analysis of 13-point amendment proposals and Amendment Bill adopted by Cabinet on 3 June 2013 for your kind information and action.

  13 Amendment Proposals and Cabinet _ Decisions on LC Act-Eng by chtnewsupdate

 

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Courtesy:

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

Shalma Garden, House # 23/25, Road # 4, Block # B, PC Culture Housing, Mohammadpur, Dhaka-1207, Telephone: +880-2-8190801

Email: kapaeeng.foundation@gmail.com, kapaeeng.watch@gmail.com, Web: www.kapaeeng.org