8/3/2019 CHT Commission to UN Secretary General November 2011
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11November,2011
To
HisExcellencyBanKimoon
HonourableSecretaryGeneral
UnitedNations
NewYork10017,USA
Subject:Implementationof the1997CHTPeaceAccord
YourExcellency,
GreetingsfromtheInternationalChittagongHillTractsCommission!
Wearedelightedwithyourvisit toBangladeshandhope thatyouwillbeable to
addresstheissuesinBangladeshthatneedspecialattentionfromYourExcellency.
Onesuchissueistheimplementationof the1997CHTPeaceAccord.Inafewweeks�
time,on2December2011,the indigenouspeoplesof theCHTwillbemarking the
14th anniversary of the signing of this Accord with the Awami League (AL)
government.IntheElectionManifestoof theALin2008,theimplementationof this
Accord
was
specifically
mentioned
as
a
pledge
that
would
be
fulfilled
if
they
were
electedtooffice.
However,nearlythreeyearsintoitsnewterm,and14yearssincethesigning,theAL
government has not yet issued a roadmap for the implementation process, and
manyof its importantprovisionsremainwhollyoronlypartlyunfulfilled.Themost
critical, perhaps, are the clauses dealing with the settlement of land disputes,
demilitarizationandthedevolutionof authoritytolocalinstitutions.
Youmaybeawareof the�Studyonthestatusof implementationof theChittagongHillTractsAccordof 1997�whichwaspresentedbyUNSpecialRapporteurMr.Lars
Anders Baer at the 10th session of the United Nations Permanent Forum on
Indigenous Issues (UNPFII) in May this year, and followed by a number of
recommendations of the Permanent Forum.Mr. Baer alsonoted that therewere
many allegations that the military was interfering in civilian matters in the
ChittagongHillTractsand theywere�oneof themostpowerful institutions,often
beyondpubliccriticismorscrutiny, includingbytheSupremeCourtof Bangladesh�.
Inlightof thepositionof allegedimpunityenjoyedbythemilitaryandallegationsof
direct involvement of the army in attacks on indigenous peoples, the Special
Rapporteur made specific recommendations regarding the UN Department of
PeacekeepingOperations,whichtheCHTCommissionendorses,asfollows:
8/3/2019 CHT Commission to UN Secretary General November 2011
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a) ThattheDepartmentof PeacekeepingOperations
of
the
Secretariat
develop
amechanism to strictlymonitor and screen the human rights records of
national army personnel prior to allowing them to participate in
peacekeepingoperations,and
b) That the Department of Peacekeeping Operations prevent human rights
violators and alleged human rights violators within the security forces of
Bangladeshfromparticipating in internationalpeacekeepingactivitiesunder
theauspicesof theUnitedNations.
Wewere
very
pleased
to
learn
that
Your
Excellency
raised
the
issue
of
recognition
of
indigenous peoples in Bangladesh with Her Excellency, the Prime Minister of
Bangladesh Sheikh Hasina at ameeting with her on 23 September, 2011 at UN
Headquarters inNew York. Youmay be aware that the 15th amendment to the
NationalConstitutionof Bangladesh,passedby theParliamenton30th June2011,
fails to recognize the indigenous peoples of the country. The CHT Commission
stronglybelievesthattheestimated5060 indigenouspeoples livingintheCHTand
intherestof thecountryshouldberightfullyrecognizedas �indigenouspeoples� in
linewiththeUN�smodernunderstandingof theterm.
The
CHT
Commission
has
received
several
reports
throughout
the
previous
year
and
thepresentyearof allegationswhichindicatethattheindigenouspeoplesof theCHT
continuetosufferfrommarginalizationandabusebystate(armyandborderguards)
andnonstate(Bangalisettlers)actors.
We hope that Your Excellencywill raise the issue of implementation of the CHT
Accordwith the Awami Leagueled government and the culture of impunity that
prevailsintheCHT,wheremembersof thesecurityforcesareregularlyallegedtobe
involved inhuman rightsviolationsof indigenoushillpeoples,and these incidents
arerarely investigated.TheCHTCommissionfirmlybelievesthatsuchhumanrights
violationsof the indigenoushillpeoplewillcontinueand therewillbenopeace in
theCHTunlessthe1997CHTAccordisimplementedinfull.
TheUNDP intheChittagongHillTracts isplayingacommendablerole inpromoting
socioeconomic development in the region; butwewould urge them to adopt a
more robust approach to peace building by facilitating the development of a
roadmap to implement the 1997 CHT Peace Accord by the Government of
Bangladesh.
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Weendorse
the
ratification
by
the
Government
of
Bangladesh
of
the
1957
ILO
Convention No. 107 on Indigenous and Tribal Populations Convention, but we
respectfullysuggestthatyouurgethemtoendorsetheUNDeclarationontheRights
of the Indigenous Peoples (UNDRIP) and to ratify ILO Convention No. 169 on
IndigenousandTribalPeoples.
The indigenous peoples of Bangladesh have faced discrimination and persecution
from themajorityBangalipopulationand from the state,and theycontinue tobe
treated as secondclass citizens as exemplified by the Government�s lack of
commitmenttoitsownpromisesregardingindigenouspeoples.
We hope that Your Excellency will raise the abovementioned issues with the
Government of Bangladesh and monitor the future performance of their
internationalobligationstoindigenouspeoples.TheUnitedNationsisthebesthope
fortherealizationof fundamentalhumanrightsandfreedomsof indigenouspeoples
acrosstheworldandwehopethattheserecommendationsfromtheChittagongHill
TractsCommissionwillreceivecarefulconsiderationfromYourExcellency.
On
behalf
of
the
CHT
Commission
EricAvebury SultanaKamal ElsaStamatopoulou
Cochairof the Cochairof the Cochairof the
CHTCommission CHTCommission CHTCommission