Bengali settlers attack on Jummas in Rangamati - Report from PCJSS

Communal attack in Rangamati leaving numerous Jumma men and women wounded, office and rest house of CHTRC vandalised and Jumma shops and houses damaged

Bengali settlers conducted communal attacks upon indigenous Jumma peoples in Rangamati on 22 September 2012. At least 40 Jumma students, 1 government physician, 12 Union Parishad chairmen, 2 college teachers and 5 Bengali students received wounds while severe damage was brought to the office and rest house of the CHT Regional Council, shops and houses of the Jumma people. Even though the army and police reached the spots much later, the security forces did not beef up proper measure. Despite the army took their positions at different locations along the main road (Rangamati-Chittagong road), the Bengali settlers conducted attacks upon the Jumma peoples and their localities either side causing wide damage upon Jumma-owned shops and houses.

It is learnt that hot exchanges over the issue of sitting in the college bus took place in between the two college students belonging to Jumma and Bengali communities in the classroom approximately around 9:30 a.m. At certain point, as the Bengali student kicked the Jumma student, the skirmish between the students of two communities began. The Bengali students attacked on the Jumma students indiscriminately. The incident took a wide shape as the Jumma students took an effort to resist the attackers. Chasing and counter chasing between the students of two communities continued. At this hour, the Bengali settlers from the surrounding localities near the college, being equipped with sharp choppers, canes, stick etc. entered the college boundary and participated in attack on the Jumma students.

At this hour, the army and police took position at the main entrance of the college. They did not prevent the Bengali settlers and Bengali students while they were chasing after the Jumma students. On the contrary, it was learnt that while the Jumma students got reorganized and started chasing the attackers of Bengali settlers and Bengali students, the army personnel brought in pressure upon the Jumma students. At this point of time, near about 30 Jumma students, 5 Bengali students and 2 college teachers got wounded.

Afterwards, some groups of army and police forces arrived at Rangamati Government College, College gate area, TTC Road, Kalyanpur and Devasishnagar. Immediately after their arrival, the army and police forces drove the attacking settlers away and the Jummas also began to back to their own localities. But while chasing after the Jumma people, the army and police entered into Jumma-inhabited Kalyanpur and Devasishnagar localities. They continued to chase the Jumma peoples with canes and sticks. They began caning and pelting at the Jummas irrespective of women and children. Another group of army led by the Warrant Officer Md. Omar continued to chase the Jumma people along the Kalyanpur road while striking against the Jumma houses by roadsides with sticks. At certain point, the army continued to advance towards the residence of CHT Regional Council chairman. At this time, as the chairman of the Council came out of his residence, the army personnel conducted outrageous behavior with him also.

Immediately after the occurrence of college incident, the Bengal settlers from different areas began to gather at College gate, Banarupa, Kathaltali, Vedvedi, North Kalindipur, Amanatbag, Reserve Bazar, Old Bus Stand, Tabalchari and other places to attack the Jumma peoples. The Bengali settlers also attacked the Union Parishad (UP) Chairmen who were attending conference at the Rangamati Upazila Council Conference Hall. In this attack, around 12 UP chairmen received serious wounds while other 20 chairmen received wounds more or less. Later on, the army rescued the UP chairmen from the rampage and provided treatment to them at army hospital. The group of chairmen soon met with the General Officer Commanding (GOC) at the Circuit House and demanded immediate arrest of the culprits and examplary punishment to them.

After attack at Vedvedi area, the Bengali settlers broke the houses of Bishu Kumar Chakma and Sundar Kumar Chakma near the Vedvedi Primary School. Besides, the attackers set fire on a truck and an auto-rickshaw at Vedvedi. During attack at Banarupa area, many Jumma men and women including Dr. Sushobhan Dewan of Rangamati General Hospital were wounded. The settlers attacked Dr. Sushobhan Dewan with chopper and stick at the Kaushik Pharmacy. They also broke his motorbike. The Bengali settlers also broke the commercial institutions, shops and Chevron & Doctors Lab owned by the Jumma people. He sustained serious injuries in the head and got his hand fractured and might lose the sight in one eye. It is learnt that as the day was a Market Day, many Jumma men, women and children came to market became victims of the attack. The Bengali settlers also attack the Jumma people who went to see the wounded at the Rangamati hospital boundary. At this one Subhash Mitra Chakma received serious wounds. In Reserve Bazar, the settlers also attacked 5 Jumma people who came to the market. The Jummas at Tabalchari and Majhir Bosti also became under settler’s attack.

On the other, the attackers attacked the CHT Regional Council office; they broke the main entrance, window glasses and vehicle glasses and pelted at the office. They tried to set fire by throwing petrol-filled burning Coca-Cola bottles at the CHT Regional Council office. They also assaulted the CHT Regional Council rest house. The window glasses of the rest house and the glasses of one vehicle got shattered in this attack. The Bengali settlers also attacked on the building of retired government officer, Amuya Ranjan Chakma and broke the shops attached to it. As the attackers pelted stones, the windows of district office of Parbatya Chattagram Jana Samhati Samiti (PCJSS) got shattered. It is to be noted that the Bengali settlers attacked the CHT Regional Council office and rest house towards 3.00 pm that is 5 hours later since the beginning of the incident.

Centering the Rangamati incident, the Bengali settlers also attacked the Jumma people at Longadu upazila sadar. At least five Jummas including Chikko Muni Chakma were wounded during the attack. Around 30 wounded persons including Dr. Sushobhan Dewan were admitted at Rangamati General Hospital, among them, 5 Bengalis, Dr. Sushobhan Dewan, Mangal Kanti Chakma and Subhas Mitra Chakma were sent to Chittagong in serious condition.

General Officer Commanding (GOC) of 24^th Infantry Division of Chittagong cantonment visited Rangamati and organied a meeting with government officials, public representatives and teachers of Rangamati college at the Rangamati Circuit House. The meeting decided to form an inquiry committee to investigate the incident. Following the decision, section 144 was imposed in Rangamati town for indefinite period.

Following the Rangamati College students’ incident, the way the Bengali settlers organized the attacks in association so rapidly in almost all the areas of Rangamati and the way the administration and the security forces tackled the situation, it can be said that the whole attack has been a motivated and pre-planned design. In fact, a communal quarter of vested interest has been hatching conspiracy to destabilize the situation in CHT to further extent for a long time.

The PCJSS strongly condemns the communal attack upon the Jumma peoples and demands for immediate arrest of the convicted persons involved in the crimes and award with examplary punishment.

Update:

On 23 September 2012 fresh attacks on Jumma people was made near Rangamati general hospital area while section 144 prohibiting large gatherings is still in force. One Dinesh Tanchangya has been reportedly beaten by some Bengali youths at Rangamati general hospital road. He was admitted at Rangamati general hospital. It is also reported that the Bengalis also pelted Jummas with stones at Kalindipur at about 11.00 am.

At around 9.00 pm hundreds of Bengali settlers from Forest Colony near Rangamati Municipal office and new bus stand gathered at East Tribal Adam to attack Jumma houses. Jummas also organised themselves to resist attack of Bengali settlers. However, local administration including police and army rushed there. Army and police along with a magistrate of Rangamati district administration dispersed both mobs of Bengali settlers and Jummas. At that time, a Jumma youth named Juwel Chakma, 22 yr, was arrested from Tribal Adam by the army. At mid-night the situation of East Tribal Adam became under control.

On the other, around 10.00 pm tension mounted high as both Jummas and Bengali settlers were shouting from own area during patrolling their respective side/area. However, army and police rushed there and situation became calm. Army arrested two Jumma youths namely Papel Chakma (22), a student and Chandra Hongsa Chakma (35), a shopkeeper from Rajmoni Para area. Besides, two Bengali settlers were also arrested by army from this area.

During the arrest, guardians of the arrested Jummas were asked to contact to Kotwali police station at 9.00 am on 24 September. But when the guardians went to police station, OC refused to release them. Rather, OC told them to take bail from court. Police presented them before district court showing them arrest under section 54. All arrested three Jummas got release on bail from court on 24 September.

The Rangamati unit of Bangladesh Medical Association (BMA) declared abstention from work in protest at attack on physicians, including Rangamati health officer Dr. Sushovan Dewan. BMA informed that emergency units in hospitals would be out of the purview of the work abstention.

On 23 September two probe committees were formed to investigate incident. Additional Deputy Commissioner (revenue) of Rangamati district will lead a investigation formed by district administration committee. One of members of the committee was member of Rangamati Hill District Council Brishaketu Chakma. The committee has to submit its report in seven days. Another five-member enquiry committee led by Vice-Principal Mofiz Ahmed was formed by the Rangamati Government College authority. This committee will submit its report in 15 days.

Protests:

In Dhaka: Pahari Chatra Parishad (PCP) (Hill Students Council) organised a procession in Dhaka protesting against communal attack on Jumma people by Bengali settlers. At first PCP brought out procession from Aporajeo Bangla and it was ended at Raju Bhaskarja parading Dhaka University (DU) campus and Shahbag crossing.

Presided over by Juwel Chakma, president of Dhaka city branch of PCP, the procession was addressed by president of PCP Trijinad Chakma and general secretary Jyotisman Chakma Bulbul, president of DU branch of Bangladesh Chatra Federation Afzalur Rahman Himel, president of DU branch of Samajtantik Chatra Front Rashed Shahriar, ornaising secretary of Dhaka city branch of Hill Women’s Federation Chandra Tripura, president of DU branch of Bangladesh Marma Student Council Paichau Marma, president of DU branch of Tripura Student Federation Topu Tripura et al. Programme was conducted by Jemshon Amlai of PCP.

PCP demanded immediate arrest of culprits involved with communal attack on Jummas and exemplary punishment to them, to provide adequate compensation and treatment to the injured persons and security of life and property of Jumma peoples.

In Chittagong: Citizen’s protest meeting and human chain was organised at in front of Chittagong press club. President over by Parimal Kanti Chowdhury, vice president of Bangladesh Hindi Bouddha Christian Oikya Parishad (BHBCOP), the programme was conducted by Sharat Jyoti Chakma, leader of Bangladesh Indigenous Peoples Forum and PCJSS. Among others, chairman of Anthropology Department of Chittagong University Dr. Rehman Nasir Uddin, leader of Gono Oikya Committee Tapan Datta, principal of Noapara College and women leader Prof. Bijoy Laxmi, assistant general secretary of BASAD Chittagong unit Shahabuddin Kabir Abed, coordinator of Chittagong of Gono Sanghati Andolon Hasan Maruf Rumi, general secretary of Chittaging branch of BHBCOP Advocate Nitai Prasad Ghosh, assistant general secretary of Chittagong branch of PCP Tanay Dewan, general secretary of Bangladesh Marma Student Council Obathowai Marma, assistant general secretary of Bawm Students Association Jinmoonlian Bawm et al spoke in the programme.

Citizen’s protest meeting and human chain was followed by a procession. The procession paraded main streets of Chittagong. Citizen rights group demanded immediate arrest of culprits involved with communal attack on Jummas and exemplary punishment to them, to provide adequate compensation and treatment to the injured persons and security of life and property of Jumma peoples.

Injured persons

(a) Injured persons who admitted at Rangamati general hospital

1.      Dr. Shushovan Dewan (50), s/o Mihir Kanti Dewan, Address: Majher Bosti, Rangamati town;

2.      Mr. Shimul Kanti Tanchangya (18), s/o Annu Tanchangya, Address: College Gate area, Rangamati town;

3.      Mr. Daya Moy Dewan (15), s/o Joydip Dewan, Address: Durchari-Uparpara, Baghaichari;

4.      Ms. Ohi Chakma (18), d/o Mrinal Kanti Chakma, Address: Suvalong, Barkal upazila

5.      Mr. Gyana Bir Chakma (17), s/o Sadhan Chakma, Address: Mais Chari, Suvalong

6.      Mr. Niloy Chakma (17), s/o Amal Chakma, Address: Majher Bosti, Rangamati town

7.      Ms. Jaba Chakma (20), d/o Purnendu Chakma, Address: Tribal Adam, Rangamati town

8.      Mr. Babul Chakma (33), s/o Sushanti Chakma, Address: Kalyanpur, Rangamati town

9.      Mr. Shuva Chakma (18), s/o Pritimoy Chakma, Address: PTI area, Rangamati town

10.  Mr. Subhash Mitra Chakma (38), s/o Buddha Dhan Chakma, Address: Mais Chari-Suvalong, Barkal upazila, He has referred to Chittagong Medical College Hospital from Rangamati in serious condition.

11.  Mr. Bimaleswar Dewan (13), s/o Sonar Putul Dewan, Address: Biharpur, Rangamati town (attacked at Bana Vihara area)

12.  Mr. Bir Chakma

13.  Mr. Shyama Kanti Chakma (19), s/o Sandhyamoni Chakma, Address: College Gate area (Vedvedi Para), Rangamati town

14.  Mr. Bijoy Chakma (45), s/o Makka Chakma, Address: Chittagong town

15.  Mr. MongLau Marma (25), s/o Mongsinu Marma, Address: Hajachara, Mogban union, Rangamati Sadar upazila

16.  Mr. Gyana Dipta Chakma (40), s/o late Fulesh Chandra Chakma, Address: Sangaram Bihara area, Rangamati town, His motorbike was set on fire at in front of Rangamati Press Club. 

17.  Mr. Ronel Chakma (22), s/o Mrs. Surabala Chakma, Address: Marishya, Baghaichari upazila

18.  Mr. Nantu Bikash Chakma (18), s/o Gandhi Lal Chakma, Address: Kandya, Balukhali union, Rangamati Sadar upazila

19.  Mr. Tethui Mong Marma, s/o Hla Aung Marma, Address: Rangunia-Barkhola Para

20.  Mr. Ananda Sagar Chakma (30), s/o Ranjan Moni Chakma, Address: Kathal Tali, Naniarchar upazila

21.  Ms. Ajanta Chakma (16), d/o Samiran Chakma, Address: Debashish Nagar, Rangamati town

22.  Mr. Liton Barua (35), s/o Nirmal Barua, Address: Vedvedi area, Rangamati town

23.  Mr. Rana (Bengali person) c/o Robi Fashion

24.  Mr. Jony Das, s/o Swapan Das, Address: Tribal Adam, Rangamati town

25.  Mr. Ismail Hossain (23), s/o Abdul Malek, Address: Molla Para, Rangamati town

26.  Mr. Nur Alam, s/o Md. Ishak, Address: Molla Para, Rangamati town

27.  Md. Golam (25), s/o Md. Hukum Ali, Address: Fatik Chari, Rangamati

28.  Mr. Md. Sohag (18), s/o Abdus Salam, Address: South Kalindipur, Rangamati town

29.  Mr. Naser Mia (25), s/o Nur Islam, Address: Chanmpak Nagar, Rangamati town

30.  Mr. Robin (18), s/o Abdul Mannan, Address: Mohasin Colony, Reserve Bazaar, Rangamati town

(b) Injured persons who did not admitted at hospital

31.  Gyana Chakma

32.  Ankhihito Chakma

33.  Subrata Chakma

34.  Palash Tanchangya

35.  Entu Chakma

36.  Khmetra Mohan Chakma

37.  Emon Chakma

38.  Shakyamoni Chakma

39.  Rubel Tanchangya

40.  Mitali Chakma

41.  Pavel Chakma

42.  Fadang Tang Randal

43.  Gyana Jyoti Chakma

44.  Amit Chakma

45.  Jiten Chakma

46.  Pranoy Dewan

47.  Pinku Chakma

48.  Chandan Chakma

49.  Kyathui Mong Marma

50.  Shyamal Chakma

51.  Chikka Moni Chakma (attack in Longadu)

52.  Binoy Chakma

53.  Tarit Kanti Chakma (attack in Reserve Bazaar)\

54.  Tapan Chakma (attack in Reserve Bazaar)

55.  Dikam Chakma (attack in Reserve Bazaar)

56.  Jagadish Chakma (attack in Reserve Bazaar)

57.  Babul Chakma (attack in Reserve Bazaar)

58.  Tapas Chakma

59.  Bijoyasish Dewan

60.  Evan Chakma

61.  Mr. Nipan Chakma (25), s/o Brikka Moni Chakma, Address: Purba Tribal Adam, Rangamati town

62.  Mr. Fani Bhushan Chakma (15), s/o Shobharam Chakma, Address: Purba Tribal Adam, Rangamati Town

63.  Mr. Shanta Chakma (22), s/o Bhagya Kumar Chakma, Address: Champak Nagar area, Rangamati town

64.  Mr. Rupam Tanchangya (22), s/o Amulyo Ranjan Tanchangya, Address: South Tribal Adam, Rangamati town

65.  Mr. Chayan Chakma (18) s/o Marattou Chakma

66.  Mr. Ranjit Tanchangya (45), Ranyachari, Mogban union (attack at Tabalchari)

67.  Mr. Kalachokhya Tanchangya (50), Ranyachari, Mogban union (attack at Tabalchari)

68.  Mr. Kalan Tanchangya (40), Ranyachari, Mogban union (attack at Tabalchari)

69.  Mr. Ananda Mohan Chakma (55) s/o Bigunya Chakma, Bilaichari Para (attack at Tabalchari)

70.  Mr. Arpan Chakma (18)

71.  Mr. Dinesh Tanchangya (22) (attack on 23 September)

Seriously wounded UP chairmen:

72.  Mr. Shanbu Kumar Tanchangya (38), Chairman of Noapatang union under Rowangchari upazila of Bandarban district

73.  Mr. Paritosh Chakma, chairman of Babuchara union under Dighinala upazila of Khagrachari district

74.  Mr. Mangal Kanti Chakma (35), Chairman of Atarak Chara union under Longadu upazila

75.  Mr. Arun Chakma, Chairman of Magban union under Rangamati Sadar upazila.

76.  Mr. Sanu Prue Marma (61), Chairman of Kuhalong union under Bandarban Sadar upazila

77.  Mr. Kya Ching Sui (42), Chairman of Rajvila union under Bandarban Sadar upazila

78.  Mr. Biswanath Tanchangya (40), Chairman of Alekhyong union under Rowangchari upazila, Bandarban district.

79.  Mr. Ajut Bikash Chakma, chairman of Panchari union of Panchari upazila of Khagrachari district

80.  Achi Prue Marma, chairman of Hafchari union of Ramgarh upazila of Kahgrachari district

81.  Mr. Suinu Prue Marma, chairman of Sindukchari union of Mahalchari upazila of Kahgrachari district

82.  Mr. Chandra Ranjan Chakma, chairman of Dighinala union of Kahgrachari district

83.  Mr. Bishwa Kalyan Chakma, chairman of Kabakhali union of Dighinala upazila

84.  Mr. Thowaiching Marma, chairman of Chitmaram union of Kaptai upazila

85.  Mr. Chaihla Prue Marma, chairman of Kaukhali union of Kaukhali upazila

A MASSAGE FROM RAJA DEVASISH ROY ON RECENT ATTACKS ON INDIGENOUS SETTLEMENTS IN RANGMATI TOWN

RECENT ATTACKS ON INDIGENOUS SETTLEMENTS IN RANGMATI TOWN, CHITTAGONG HILL TRACTS, BANGLADESH: 22-23 SEPTEMBER, 2012

NB: I had written an update on the same topic, a couple of days ago, but had mistakenly uploaded it on my son, Aryadev’s, FB account, by mistake. Since then I had attended the meeting convened by the Deputy Commissioner, Rangamati (but not the rally or procession) on 25 September. So I have amended some bits. I can understand that there may be people who feel that I should not have attended, having regard to the sentiments of many. However, I felt that I should attend, since I represent an officially-recognized institution. I also wished to take the opportunity to express my views, before government leaders and officials, Bengali and Jumma leaders, and the press and media.

COMPARISON WITH SIMILAR ATTACK ON 20 MAY, 1991
The recent attacks in Rangamati town on Jumma or predominantly Jumma (Pahari/Indigenous) settlements were illegal and cowardly. They did not cause as much property damage as a strikingly similar attack on 20 May, 1990, when several Jumma students and others – including then PCP leader, Proshit Bikash Khisa – took shelter at Rajbari, Rangamati. In the case of injuries, I don’t know. Perhaps more this time.

This time, as far as our home is concerned, only the women from our neighbourhood took shelter at our house, and for a shorter time (on 20 May, 1991 there were a few score for about a week). And I live, not in a sprawling bungalow – the then Rangamati Rajbari that was burnt down on 10 November, 2010 - but in my younger sister, Troya’s, small bungalow, as a sheltered person, myself. But I feel that the people were more prepared to “deal” with the issue, this time, women, men and children.

But the trend remains, it is Jummas defending, and non-Jummas attacking, excluding a significantly small percentage of incidents, over the last decade and more. That applies to other parts of the Chittagong Hill Tracts (CHT) as well.

This time, it was after the CHT Accord of 1997. People had mobile phones, and could contact each other, at least to a limited extent. Previously, there was no mobile coverage. But let us remember that several over-subscribed cellphone networks get easily jammed.

(I suggest that every family have at least one or two different brands of sim cards, if they can afford it. Telephone numbers of the police, leaders, etc should be written down and kept for easy retrieval in emergencies)

This time, in some localities, Jummas and Bengalis cooperated to prevent attacks, to provide shelter and safety. So the positive stories are also there.

I was overwhelmed with telephone calls, did what little I could; ask people to remain calm, vigilant and steadfast, and not give in to panic, fear, despair, or hatred towards the attackers. I spoke to secularist progressive friends in Dhaka and to government officials posted in, or related to, the CHT. Some Bengali and other ethnic group leaders - mostly descendants of 19th century Bengali migrants to the CHT - had coincidentally come to visit me. They were given safe passage to their homes. Some Jumma groups stranded in a non-Jumma settlement were given safe conduct by some of the aforesaid leaders.

IMPARTIAL AND INDEPENDENT ENQUIRY
Just as the 1996 attack failed to result in an impartial and independent enquiry, the last few days’ Incidents too run the same risk, at least for the moment. I have heard of an enquiry committee formed by the Deputy Commissioner, Rangamati, including a member of the Rangamati Hill District Council. We should cooperate with it, so that it provides a thorough and unbiased report, with recommendations for preventive, deterrent and rehabilitative measures. However, an enquiry commission independent of the local administration would have been more acceptable. In a discussion meeting hosted by the district authorities of Rangamati that I attended yesterday (25 September), this was one of the observations that I made (a similar observation was made by a political leader as well).

PREVENTIVE MEASURES
Exemplary punishment to the perpetrators is perhaps among the best deterrent, and preventive, measures (although impunity remains the order of the day in Bangladesh, for unlawful acts of security personnel; as asserted by the Chairman of the National Human Rights Commission, Dr Mizanur Rahman). At the DC’s meeting of yesterday, attended by political leaders, including CHT State Minister Dipankar Talukdar and CHT Regional Council member, Ushaton Talukdar, I referred to the communal attack of 20 May, 1991, which too was not followed by deterrent punishment to the perpetrators. I suggested that if the same trend was followed, would-be-attackers may well feel that they are above the law and indulge in similar attacks in future. I pointed out that the attackers did not have parachutes with which to disappear into the sky, nor any other means of disappearing into the Karnafuli reservoir waters. Their places of residence – temporary or permanent – can surely be located.

The core of my opinion at this meeting was that we must try to address the minds of non-communal Rangamati-dwellers and the minds of those who carried out the cowardly attacks. The ordinary people’s fears, sense of insecurity and panic – both Bengali and Pahari – need to be addressed. At the same time, we must instill fear in the minds of the attackers and would-be-attackers, that they cannot take the law into their own hands. If we fail to address these two mindsets, then meetings and social harmony (across ethnic and religious etc lines) may be insufficient to restore normalcy and prevent such occurrences in future.

PRIVATE DEFENCE
When a state is unable or unwilling to protect its citizens, the citizens may have no other recourse, but to take their own initiatives.

The Right to Private Defence is, in fact, sanctioned by the laws of Bangladesh, including the Bangladesh Penal Code. The Code refers to the right of private defence of the body against death or grievous harm (section 96-106); the right of private defence of property, against robbery, criminal trespass and housebreaking at night, etc (sections 103, 104, 105). There is also a similar right when it concerns rape, kidnapping or confinement (section 99).

I say this out of my legal training. But personally speaking, as a follower of the Buddhist faith (no doubt with many failings and shortcomings), I cannot espouse or support violence. But what I would like to hope is that no citizen – indigenous, Bangali or otherwise in the CHT or elsewhere in Bangladesh - has to take recourse to this right (which is also a burden for the poor, the infirm and old, children, women, for minorities groups or otherwise disadvantaged groups). We have to keep on hoping for, and facilitating, steps, that will be taken by the state, so that citizens do not have to take recourse to the aforesaid rights, which may be legal, but which may yet cause short, middle or long-time consequences that both the state and our citizens wish to avoid, including communal disharmony and further conflicts, tension and insecurity.

BANGLADESHI LAW & THE PROSECUTION OF THE GUILTY
The Bangladesh Penal Code has several provisions that can and should have been invoked against the attackers and concerned aiders, abettors, harbourers and conspirators. These include the offences of Riot (sections 146, 147, 148, 152, 153, etc), Affray (sections 159, 160), Criminal Conspiracy (sections 120A and 120B), Abetment (sections 107, 108), B), Unlawful Assembly (sections 141, 142, 143, 145, 149, 150, 151 etc), Owning or Occupying Land used by Unlawful Assemblers (sections 154, 155, 156), Harbouring Persons Hired for an Unlawful Assembly (section 157), etc.

An assembly is unlawful if it includes five or more persons, and the common objective of the assembly includes the following, among others: (a) to overawe by criminal force, or show of force… any public servant in the exercise of lawful power; (b) to resist the execution of any law; (c) to commit any mischief or criminal trespass or other offence; (d) to take or obtain possession of any property; (e) to compel any person to do what she/he is not legally bound to do, or to omit do that which she/he is legally entitled to do When a member of an unlawful assembly is armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, the punishment for this offence is higher.

Members of an unlawful assembly commit the offence of rioting, just by being a member of that assembly, even if it is other members of the assembly who actually participate in the force or violence concerned.

Provoking an unlawful assembly, abetting, or even harbouring or sheltering unlawful assemblers are also offences, unless the owner or occupier of the property informs the concerned authorities about the assembly.

We have not heard of prosecutions on these offences. This can take place by individuals initiating cases or by the state doing it. The primary responsibility lies on the state, especially where citizens are disadvantaged.

IMPARTIAL CONDUCT OF SECURITY FORCES & EQUAL TREATMENT OF CITIZENS IRRESPECTIVE OF BIRTH, ETHNICITY, SEX, PLACE OF BIRTH ETC
The Constitution of Bangladesh and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) are crystal clear on the duty of the state to act in an impartial and non-discriminatory manner. Non-discrimination is also a peremptory, and non-derogable, norm, of international law.

The action of security forces need to distinguish between acts made in self-defence and acts that are clearly in the nature of attacks, or pursuant to attacks, or preparatory to attacks. The distance of the groups from their home settlements is one of the clearest indications of whether they are attackers or defenders. If a group takes a position a little ahead of the boundaries of its settlement or locality, that is generally not an attacker’s posture. On the other hand, if a group goes far way from its settlement, then that group ought to be regarded as attackers unless there is evidence to the contrary. I hope the security forces bore this in mind such differences over the last few days.

In the future too, if (Heaven Forbid) such instances occur, we must try to ensure that the security forces keep these things in mind.

OTHER DETERRENT MEASURES
I feel that among the best deterrent measures are the following:

Exemplary Punishment to the Perpetrators
Those guilty of the attacks – irrespective of race, ethnicity, religion, class, gender or place of birth – should be arrested, charged, and if evidence supports, punished. Otherwise, this will result in impunity.

Social Measures
People of all ethnic, religious, gender, etc groups strive to maintain social unity against attackers.

Efficient and Non-Discriminatory Policing
Riots, not involving sophisticated and heavy weapons and armoury, are best dealt with by the police, rather than the military. Our national army should only be used in the case of violence concerning external enemies and internal forces whose actions are of a nature that involve weaponry and action beyond the nature that is and can be dealt with by police. This was not the case in the recent riots.

What we need is a multi-ethnic and efficient police force, as envisaged by the CHT Accord of 1997, under the authority of the Hill District Councils. This is also the modern and internationally-supported way of policing in post-ethnic conflict areas, such as in Eastern Europe, UK and USA.

Baseless or Exaggerated Rumours
Baseless or exaggerated rumours of deaths, injury, attacks, congregations, etc lead to the growth of fear, panic, hatred (racial or otherwise), etc., and disproportionate social reaction and individual complexities that may fuel the situation. We need to remain as calm as possible.

Recording of Evidence of Law-Breaking
Today, we have the advantage of cameras (including cellphones), internet and other modern-day gadgets and services. We ought to take advantage of these tools to record evidence, to prevent the spread of unnecessary rumours, and to help identify and prosecute the guilty.

Identifying the Guilty
Several, if not all, of the guilty persons came out openly to indulge in their cowardly and illegal activities. Some of them wore masks (to hide their identities?). However, they did not have magical powers to disappear into thin air or had parachutes or James Bond-like jet-propelled machines to enable them to fly away beyond visibility, detection, identification, arrest, prosecution and punishment. They necessarily had to withdraw into some hotel, boarding, office, home or other place within or near Rangamati town. The question is: (i) were steps taken to do that? And if so, were those steps adequate? I do not know the answer to these questions, but have raised them at the meeting of yesterday at the DC’s Conference Room. I urge you to do the same.

Partnership of State & Citizens’ Groups
I know that the partnership between our state and our citizens is still far from what it should be. But we must try to narrow the gap. Where the views and perspectives coincide, let us try to cooperate. Where they do not, let us try to find avenues of union, let us explore them with good faith and some “benefit of doubt”. And if the gap remains, let us speak out, and act, but within the bounds of law, national and international law, and with a spirit of metta and the longer-term goal of maintaining peace and harmony and protecting and promoting the civil, political, economic, social and cultural rights of all groups and individuals, including Jummas and Bengalis.

 

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Raja Devasish Roy

Chakma Raja

Barrister & Advocate

Supreme Court of Bangladesh

Member od UN Permanent Forum on Indigenous Issues

Rajbari, Rangamati 4500

Chittagong Hill Tracts Bangladesh

 

Fresh attack on indigenous Jumma areas in Rangamati

There have been few fresh attacks in indigenous Jumma inhabited areas of Rangamati by Bengali settlers which started at around 8.30 pm BDT. We are continuously updating the situation on our facebook page! For the time being we won't be able to update the blog. Please keep an eye on our facebook page for updates:

http://www.facebook.com/chtnewsupdate

Bengali settlers attack on Jummas (a cellphone video)

A jumma boy severely beaten by Bengali settlers at Banarupa bazar, Rangamati. We have received the video from a person who was hiding at a shop at Banarupa market during that time. He/she shot it at around 10.30 am in the morning from window pane of the shop. The person fears that the Jumma boy was probably already dead. The person does not know what happened to the boy afterwards as he/she had to run away to save his/her life. We uploaded it on our facebook page:

Breaking news: Bengali settlers attack on Jummas in Rangamati town (More details coming soon)

The settler Bengalis, backed by military and polices, have been carrying out continuous attacks on Jummas in different areas of Rangamai town since morning today (22.09.12) that continues till now (BDT 14:00).

Several Jummas have been seriously injured during the attack. 

It has been confirmed that following Jumma Upajila Parishad (UP) Chairmen have been injured by the attack: Paritosh Chakma (Babuchara Union), Mongol Chakma (Longudu Union), Shombhu Tanchangya (Roangchari Union), Sanu Pru Marma (Sualok Union), Thoairing Marma (Chitmorom Union), Chaila Pru Marma (Koalang Union), Uchi Pru Marma (Hafchari Union), Chandra Ranjan Chakma (Dighinala Union), Bishwa Kalyan Chakma ( Kobakhali Union), Chuinu Pru Marma (Sindukchari Union). The UP chairmen from three hill districts were having a schedule meeting today at Rangamati Upajila Parishad conference hall which is adjacent to Army Headquarter of Rangamati District. 

Among the several injured Jummas, prominent medical  doctor from Rangamati Shushovon Chakma's identity has been confirmed. The Bengali settlers have attacked him and beat him up severely in his private chamber, causing several fractures in his hand and skull. They have also beat his secretary, burnt his motorbike and vandalized his chamber. 


The administration has imposed section 144 in the town. However, the Bengali settlers are still carrying out processions on street in front of the military and police, without any obstruction. The military have been carrying out raid in different Jumma areas of Kallayanpur, Devasish Nagar and beating Jumma youths at their houses.

In Kallayanpur area, when militray were raiding Jumma houses, Shantu Larma (Chairman of regional council) came out of his residence and asked the military for the reason of such action. It has been learnt that the warrant officer, Md. Omar, misbehaved with him and military still continues its search.

Many believe that this attack is pre-planned. Yesterday (21.09.12), the settler Bengalis carried out a procession in Rangamati town in protest of a anti-Islam clip and later, they held a meeting. People are fearing that there might be a connection between their yesterday's meeting and today's attack.

We have managed to collect few pictures of today's attack: (More update coming soon)

Army and Police taking position in Jumma locality. Photo courtesy: Udayan tanchayanga

Army taking position in Kallayanpur. Photo courtesy: Bidhayak Chakma

Jumma leaders talking to army. Photo courtesy: Tejadipta Chakma