human rights report-2012 on indigenous peoples in bangladesh-supported by oxfam

7/16/2019 Human Rights Report-2012 on Indigenous Peoples in Bangladesh-Supported by Oxfam

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Human Rights Report 2012

on Indigenous Peoples in Bangladesh

Editor

Dr. DalemChandra BarmanMongSingNeo

Kapaeeng Foundation

Human Rights Report 2012 on Indigenous Peoples in Bangladesh

First Edition

10January2013

Published by

Kapaeeng FoundationHouse # 23/25, Salma GardenApartment, Road# 4PCCultureHousing, Block # B, Mohammadpur,Dhaka-1207Tel: +88-02-8190801E-mail: [email protected]: www.kapaeeng.org

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Human RightsReport 2011on IndigenousPeoples in Bangladesh 01 02 Human RightsReport 2011 on IndigenousPeoples in Bangladesh



CONTENT

EDITORIAL 08

ACKNOWLEDGEMENT 10

EXECUTIVE SUMMARY 12

I. INTRODUCTION 17-33

Inductionon IndigenousPeoples.................................................. 19

Wildlife(Protection and Safety)Act 2012..................................... 21

Amendment of Forest Act ............................................................. 22

Ministryof LGRDissuesa racial letteragainst Indigenous........... 24Government imposes restrictions onforeignersvisitingthe CHT. 24

Non-Government Organisations ................................................... 24

Census2011 and populationof IndigenousPeoplesin CHT....... 25

Unrest in teaindustry, pay increases, but dissatisfaction ............. 27

CHT people deprived of share fromSemutanggas...................... 28

Media Reports.............................................................................. 29

II. MAIN HUMAN RIGHTS ISSUES 35-67 At AGlance: Human RightsViolations on Indigenous Peoples..... 38

Massive CommunalAttacks ......................................................... 41

KillingandOtherCruel Treatment ................................................ 53

Attack,Tortureand Intimidation ....................................................... 56

ArbitraryArrest and Detention ...................................................... 58

Discrimination ............................................................................... 59

Media Reports.............................................................................. 63

III. LAND RIGHTS AND LAND DISPOSS ESSION 69-114

At AGlance: land-related incidentsand casualties of

IndigenousPeoples in 2012......................................................... 72

LandCommissionfor plain land IndigenousPeoples ................... 75

VestedProperty(Return)Act2011................................................ 75 Ashroyon Project inCHT .............................................................. 76

Rights to Foodof IndigenousPeoples .......................................... 77

Land-relatedIncidents in theplainlands ...................................... 77

Land-relatedIncidents in theCHT................................................ 91Media Reports.............................................................................. 108

IV. WOMEN RIGHTS 115-147

Violence against indigenouswomenandcasualtiesin 2012....... 122

Rape............................................................................................. 127

Killing after rape............................................................................ 132

Killed............................................................................................. 135

Physical Assault and Molestation 136

Attempt torape ............................................................................. 141

Abduction ...................................................................................... 145

Media Reports.............................................................................. 146

V. PRESENT STATE OF IMPLEMENTATION OF THE CHT

ACCORD OF 1997 149-183

Recognition of theCHTas“Tribal Inhabited Region”.................... 156

Enactment of newlaws and theamendment of existinglaws...... 158

CHTAccord Implementation Monitoring Committee.................... 159

ThreeHill DistrictCouncils........................................................... 160

CHT Regional Council .................................................................. 164

LandDisputesand LandCommission .......................................... 166Dismantlingof temporarycamps.................................................. 175

Cancellationof land leases............................................................ 177

Rehabilitation of theReturnee Jumma Refugees......................... 178

Rehabilitation of Internally DisplacedPersons (IDPs) .................. 178

General Amnestyand Withdrawal of Cases, and Surrender of Arms and Rehabilitation of the Ex-combatants............................ 180

Appointment of Permanent Residentsin services of the CHT....... 181

Ministry of CHTAffairs ................................................................. 182

Other matters and issues .............................................................. 182

Human Rights Report2012 onIndigenous Peoplesin Bangladesh 03 04 HumanRights Report 2012 onIndigenous Peoplesin Bangladesh



ACRONYMS ADP Annual Development Programme

AIPP AsiaIndigenous Peoples Pact

BCS BangladeshCivil Services

BGB Border GuardBangladesh

CAT Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment

CBD Conventionon Biological Diversity

ICCPR International Covenant onCivil and Political RightsCEDAW Convention on theEliminationof All Forms of Discrimination

against Women

CESCR Covenant onEconomic, Social andCultural Rights

CERD Convention on the Elimination of All Forms of RacialDiscrimination

CHT Chittagong Hill Tracts

CHTDB Chittagong Hill TractsDevelopment Board

CHTRC Chittagong Hill TractsRegional Council

CRC Convention on the Rights of the Child

DC DeputyCommissioner

GoB Government of Bangladesh

HDC Hill District Council

IDPs InternallyDisplaced Persons

ILO International LabourOrganisation

IPO Indigenous PeoplesOrganisation

IPs Indigenous Peoples

KF Kapaeeng Foundation

MoCHTA Ministry of ChittagongHill TractsAffairs

MP MemberofParliament

NHRC NationalHumanRightsCommission

OC Officer-in-ChargePCJSS Parbatya ChattagramJanaSamhati Samiti

PRSP PovertyReductionStrategyPaper

SAD SpecialAffairsDivision

SP Superintendentof Police

UN United Nations

UNDP United NationsDevelopment Programme

UNDRIP United Nations Declaration on the Rights of Indigenous

PeoplesUNO Upazila Nirbahi Officer

UNPFII United NationsPermanent ForumonIndigenous Issues

VAIW ViolenceAgainst IndigenousWomen




Contributors

Myentthein PromilaExecutive Member of KapaeengFoundation, [email protected]

Trimita ChakmaMember of KapaeengFoundation, [email protected]

Bipasha ChakmaResearch Coordinator of KapaeengFoundation, [email protected]

Laya Lata MurmuInternof KapaeengFoundation, [email protected]

Mangal Kumar Chakma Advisor of Kapaeeng Foundation, [email protected]

Gouranga PatraMember of Indigenous Peoples’Human Rights Defenders’ Network,[email protected]

Manik SorenMember of Indigenous Peoples’Human Rights Defenders’ Network,[email protected]

EDITORIAL

It is our great pleasure to present this ‘‘Human Rights Report 2012 onIndigenous Peoples in Bangladesh’’. Kapaeeng Foundation has beenpublishing the human rights report on the human rights situation of Indigenous Peoples in Bangladesh since 2007 and wishes to continuethis endeavour.

Thehumanrightsreportcontainsfivemajorsectionsdealingwith differentissues pertainingtothecivil and political rights and economic, social andculturalrightsof theIndigenousPeoplesofBangladesh.Basedon several

international standards ratified by the government of Bangladesh andnational legislation, the state authority or GoB is expected to respect,protectandfulfill therightsoftheIndigenousPeoples.However, therightsof the Indigenous Peoples have been subject to violation since timeimmemorial bybothstateandnon-stateactors.

The rights of all humanbeings must beprotectedregardless of their sex,nationality, ethnicity, colour, religion, linguistic originsorany otherstatus.Nonetheless, thestudiesof humanrightsgroupsconfirmthatIndigenousPeoples are the most marginalizedand vulnerable groups in the world.The Indigenous Peoples of Bangladesh are not an exception in this

regard.

Despite thefact that IndigenousPeoplesarenon-discriminately entitledtotheir human rights according to most state policies, they are regularlysubjected to chauvinism, racism, social exclusion, intolerance, inequity,injustice and violence. In Bangladesh, the Indigenous Peoples aresubjected to land grabbing, militarization, government-sponsoredpopulation transfer and demographic engineering, non-recognition,stereotyping andforced identification, forced eviction anddisplacement,physicalassault, communalattacks,killing,torture,falsecharges, arbitrary




arrest and detentionin general. The indigenouswomenaresubjected toseveral forms of sexual violence that includes rape, killing after rape,attempt to rape, kidnap, physical assault, sexual harassment, traffickingand soon.

Whileinternational humanrights laws laydown obligations of theStatestoact in certain ways orrefrain fromcertain actsin order topromote and

protect humanrightsandfundamental freedomsof individualsor groups,theIndigenous Peoples of Bangladesh aredeprived fromenjoying their inherent rights. The role of Bangladesh government in promoting andprotectinghumanrights of IndigenousPeoples of Bangladesh is yet notsatisfactory, although it has state obligation to promote and protect therights of all citizens including Indigenous Peoples, under severalinternational human rights treaties. As a result of constant negligenceconcerning this, injustice and human rights violation against IndigenousPeoples in the Chittagong Hill Tracts and plain landare predominantlyprevalent in Bangladesh, which often are perpetrated by severalgovernment agencies andmainstreamvested quarters.

Thisreport is a compilation of accounts of the humanrights situation of Indigenous Peoples in Bangladesh. KapaeengFoundation expects thatthis report will assist in building awareness of the stakeholders on thescope of the situation of human rights and fundamental freedoms of IndigenousPeoplesaswell asraise concernin supporting thepromotionandprotectionof humanrightsof IndigenousPeoples in Bangladesh.

ACKNOWLEDGEMENT

The reports of the human rights incidents have been collected throughKapaeeng Foundation (KF) networks, particularly, Indigenous Peoples’humanrightsdefenders’network, indigenousyouths’ network, indigenouswomen’s network etc. and also the focal persons working across thecountry. In addition, media reports in Bangladesh have also beenmonitored regularly by KF’s secretariat. In many cases, fact-findingmissions have been conducted directlyby or in facilitation of KF upon

receiving media reports of human rights violations to collect authenticinformation.

Besides, Kapaeeng Foundation also received help from IndigenousPeoples organisations (IPOs) workingin Bangladesh at grassroots levelin Bangladesh in monitoring human rights situations of IndigenousPeoplesand in collectinginformation of particular humanrights incident.The IPOs include Bangladesh IndigenousPeoples Forum, JatiyaAdivasiParishad, Khagrachari District Headmen Association, CHTnews Online(chtnews.com), KhasiWelfareSociety,PatraSampradayKalyanParishad,Bangladesh Adivasi Chhatra Sangram Parishad, Adivasi Chhatra

Parishad, Joyenshahi AdivasiUnnayanParishad(JAUP),Adivasi Cluster Development Forum(ACDF), CHTCitizensCommittee, Adivasi JagoranSamity, Ethnic Community Development Organisation (ECDO), Durbar Nari Networkin CHTetc.

This report has been edited by Dr. Dalem Chandra Barman, ViceChancellor of ASA University of Bangladesh and Mr. Mong Sing Neo,Coordinator of KF. Contributions are made by a team of human rightsactivists, namely, executive memberof KFMyenttheinPromila, member of KFMs. TrimitaChakma, researchcoordinator of KFBipashaChakma,Intern of KF Ms. Laya Lata Murmu, advisor of KF Mr. Mangal Kumar




Chakma, Member of Indigenous Peoples’ Human Rights Defenders’Network Mr. GourangaPatra andMr. ManikSoren.

KapaeengFoundationisgrateful tothose,whoworkedhardin formulatingthis report, particularly, Vice Chairperson of KF Dipayon Khisa, TrijinadChakma of Indigenous Youth Network, Pallab Chakma, Bablu ChakmaandSayonDewanfromAustralia andfinallyall activistsat KF’ssecretariat.

KapaeengFoundationwould like to expresssincere gratitude to Oxfam,particularly, Programme Officer Saikat BiswasandD&IPLPproject team,for coming forward and supporting the research and publication of thisreport.

Rabindranath SorenChairpersonKapaeeng Foundation

EXECUTIVE SUMMARY

More than 54 indigenous ethnic communities have been living inBangladesh for centuries. The Constitution of Bangladesh does notrecognise these ethnic, linguistic and cultural minorities as ‘IndigenousPeoples’. The 15th Amendment to the Constitution in 2011 termedIndigenous Peoples as “tribes, minor races, ethnic sects andcommunities”,while alsocallingall thepeopleof Bangladesh,irrespectiveof their ethnic, linguistic and cultural backgrounds, as “Bangalee”.Indigenous Peoples rejected this provision arguing that they are

Bangladeshi ascitizen, but they arenot “Bangalee” asa nation. Theyallare a separate nation possessing separate ethnic identity, culture,customs, language and society apart from Bengalis. Further more, anumberof legal government documents, referred to “tribal”, “indigenous”or“aboriginal” interchangeably. IndigenousPeoplesrejectedtheFifteenth

Amendment totheConstitutionsayingthat itunderminedthehumanrightsandfundamental freedoms of IndigenousPeoples.

The government adopted the Wildlife (Protection and Safety) Act 2012without having consultations with or taking opinions of Chittagong HillTracts (CHT) Regional Council and Indigenous Peoples of the country.

The government also initiated to amend the Forest Act of 1927, butIndigenous Peoples and forest-dependent communities are not beingconsulted in amending theAct. Conversely, thesetwoActs would causetheIndigenousPeoplesoftheforest regionstolosetheir rightsandaffecttheir rights.TheseActsdidnot ensuretheforest people’srightsregardingoccupations, traditions and livelihoods. Besides, the Ministry of LocalGovernment and Rural Development issued a circular on ‘World’sIndigenousPeoples Day’ directing officials at thedistrict and sub-districtlevels to discourage the observance of the World Indigenous Dayprogramme.Policeobstructedralliesof IndigenousPeoplesin Joypurhat,




Khagrachari and Bandarban districts celebtating world indigenous daythis year.

Human Rights Situation

Continuing human rights violations by state and non-state actors,marginalization of indigenous communities and other abuses on the

Indigenous Peoples have been intensified in 2012. These include rapeand sexual assault against womenand children, killings, arson, gabbingoflands, unlawful arrest andtorture,andstructural formsof discriminationbaseduponethnicity, religiousaffiliationandgender.Thegovernmenthasexpressed its intent to protect therights of IndigenousPeoples, but hastaken inadequate steps to prevent the violation of human rights of IdigenousPeoples.

In 2012, the numbers of incidents of human rights abuse againstIndigenousPeopleshave increaseddrastically compared to thepreviousyearof2011bothintheCHTandintheplains. 16people(6fromtheCHT

and10fromtheplains) including7womenwerereportedto bekilled and23wereeither arrestedor detainedthroughout theyearwhereas around150weretorturedorintimidated, andaround300indigenoushousesweredemolished. A total of 9 communal attacks were made on indigenouscommunitiesacross thecountry; of which4 werein theCHT and 5 wereintheplains.It is reportedthat Bengali settlerscommittedmost communalattacksin theCHTwheresecurityforcesplayeda roleeitherpassivelyor collaboratively. Noperpetratorofthesaidcommunalattacks, exceptRamuattack, wasarrestedbytheadministration.Moreover, 165people fledandtook shelter in thenearing state of India duringbrutal communal attacks

onindigenous villages in Matiranga upazila under Khagrachari district.

Situation of Indigenous Women

ViolenceAgainst IndigenousWomen(VAIW) is oneof themajorissuesinBangladesh and perpetratorsenjoy theabsoluteimpunity due to lack of accessto justice. In 2012, a total of 75indigenouswomenand childrenacross the country, 55 from the CHT and 20 from plain land, weresubjected to violence. Of them, 17 indigenous women and children (14fromCHTand 3 fromplain) wereraped. 7 indigenouswomen, of them4from the CHT and 3 (including 1 committed suicide due to sexual

harassment)fromtheplainlands, werekilled.Inaddition,attemptstorapeweremadeon13indigenouswomenincluding1 fromtheplainlandswhile2 womenfromthe CHT were abducted. Besides, 33indigenouswomenwere physically assaulted, harassed and molested. 30of thevictims, outof 75, were children under the age of 16. Violence against indigenousJumma women in the CHT have allegedly been committed by Bengalisettlers and security forces. Caseswere filed for 32incidents related to

VAIW, out of 50 incidents committed in 2012. The police arrestedperpetratorsof17cases,out of32cases. But noonewasgivenexemplarypunishmentsofar.

Land Rights and Land Dispossession

The mainproblemof the Indigenous Peoplesin the plain lands is land-centered. The government is yet to forma Land Commission for plainlandIndigenousPeoplesdespiteits assurancein theirelectionmanifestothat “Special measureswill betakentosecuretheir original ownershiponland, water bodies, and their age-old rightsonforest areas. Inaddition, a

landcommissionwill beformed.”

It is because of non-settlement of the disputes over the lands, conflictsandcommunalattacksoccurringintheCHTandplainscenteringtheissueofthelanddisputesandtheprocessofforcibleseizingoflandsbelongingto Indigenous Peoples. In 2012, 31 families were attacked, 27 personswere assulted and injured and at least 725 families, 185 families in theplains and 540 families in the CHT, have faced threat to eviction inconnection to land grabbing. Indigenous Mro villagers numbering 13families left their village due to grabbing their land by the outsiders inBandarbandistrict. More than11 business companies including Destiny

Group occupied thousands acres of lands recorded and owned byindigenous Jumma and permanent Bengali residents in CHT. At least 8cases were filed by the victimised indigenous villagers against landgrabbers, but noactionwastakenbyadminsitration.

The government passed a landmark bill named the Vested Property(Return)Act 2011 that will enable thereturn of land property seized fromthecountry’sHinduminorityandIndigenousPeoplesexpropriatedover thelast four decades. However, theprocess of returning theproperty to therightfulowner is yet tostart and it wasnot enoughtoaddressIndigenousPeoples’ demand to return all seized propertiesto their rightful owners.




Implementation of CHT Accord

Despite repeated commitment of implementation of the CHTAccord bythe present grand alliance government including Prime Minister SheikhHasina, but as of today, except reconstitution of some committees andappointment tothesomehighlevelposts, thegovernment hasnot steppedup any measure that is effective towards implementation of theAccord.

The government has not even come up with a time-framed ‘Road Map’directing to implementation of the CHT Accord, though the presentgovernment led byAwami League that signed theAccord in 1997 hasalready consumedalmost 4 yearsof its tenure.

Meetings at different levels over the Amendment of CHT Land DisputeResolution CommissionAct of 2011 as per CHTAccord arebeing held.Even, the 13-point proposal for amendment of CHT Land DisputeResolutionCommissionAct wasadoptedin the4thand 5thmeetings of CHTAccordImplementationCommittee andInter-ministerial Meetingheldon30July 2012with the Law Minister in the chair. However, asper thedecision of these meetings, the Act is yet to be tabled before theParliament foradoption. Theissueof disposal ofthelanddisputesin CHThaslandedonanextreme uncertainty.

The government has not yet approved theRules of Business of theCHTRegional Council (CHTRC).The electionof threeHDCsandCHTRChasnot been held till today. The 5-member InterimHDCs formed with andheadedbyrulingpartymembershave been functioningyears afteryearsin undemocratic way. Thoughthegovernmenttransferred7offices/worksof previously transferred subjects during its period of last four years,however, themost crucial subjects, suchas, lawandorderof thedistrict,land and land management, police (local), secondary education, forestand environment, local tourism, preservationof statistics on death-birth,Jumcultivationetc. areyet to betransferred to theHDCs.

Recommendations

1. To take effective measures to fulfill Awami League’s electionpromises to fully implement the CHT Accord of 1997 with adeclaredtime-framefora road mapandsolvinglanddisputesof IndigenousPeoplesin CHTand plain lands.

2. To stop thesystematicand forcible displacement of Indigenous

Peoples from their ancestral lands and to develop legalmechanisms to save the illegal land dispossessions of Indigenous Peoples.

3. To form a separate land commission for plain land IndigenousPeoples for restorationof dispossessedland.

4. To stop communal violence and physical abuse against

indigenous women and to conduct judicial inquiries into thecommunal violenceandabusesagainst indigenous women.

5. To provide constitutional recognition to theIndigenous Peoplesas per international human rights instruments ratified by theGovernment of Bangladesh.

6. To conduct investigation to the human rights violations againstIndigenous Peoples by National Human Rights Commissionregularly.




Human RightsReport 2011on IndigenousPeoples in Bangladesh 17 18 Human RightsReport 2011 on IndigenousPeoples in Bangladesh

I.

INTRODUCTION



I. INTRODUCTION

Background on Indigenous Peoples

More than 54 indigenous ethnic communities have been living in thecountry for centuries. According to the official census of 2011, the totalnumber of Indigenous Peoples in Bangladesh was 1,586,141. However,Indigenous Peoples claim their number to be more than 54 with apopulation exceeding 3 million. The Chittagong Hill Tracts (CHT) is theonly region in the country where Indigenous Peoples are largelyconcentrated. Indigenous Peoples in other parts of Bangladesh arelocated mainly in the north-west (Rajshahi-Dinajpur), central north(Mymensingh-Tangail), north-east (Greater Sylhet), south-west(Patuakhali-Barguna-Barishal) andsouth-east(Chittagong-Cox’sBazaar).

Nevertheless, the Constitution of Bangladesh does not recognise theethnic, linguistic and cultural minorities of Bangladesh as ‘IndigenousPeoples’. Through the 15th Amendment to the Constitution in 2011, thegovernment termed Indigenous Peoples as “tribes, minor races, ethnicsectsand communities” (Article23A), while also calling all thepeople of Bangladesh, irrespective of their ethnic, linguistic and culturalbackgrounds, as“Bangalee” (Article6.2).

Indigenous Peoples rejected this provision arguing that they are not“Bangalee” as a nation, but Bangaldeshis as citizens. They all are aseparatenationpossessingseparateidentity,culture, customs, languageand society apart from Bengalis. Further more, a number of legalgovernment documents, referredto “tribal”, “indigenous” or “aboriginal”interchangeably. IndigenousPeoplesrejectedtheFifteenthAmendment of Constitution sayingthatit underminedthehumanrightsandfundamentalfreedoms of IndigenousPeoples.

The Constitution of Bangladesh (Article 27) states that all citizens areequal before lawand are entitled to equal protection of law. In additon,the Constitution (Article 28) outlaws discrimination on grounds of race,religion and place of birth and states that nothing in this article shallprevent the State frommaking special provisionin favour of women or children or fortheadvancement of any backwardsection of citizens. It isunderstood that theIndigenous Peoples formpart of thedisadvantaged

part of the citizens, which the constitution terms ‘backward section of citizens’. Under these provisions of the constitution, the governmentundertakes some affirmative actions in favour of Indigenous Peoples.Notableamongthese are:

• setting up of a Special Affairs Division (SAD) under the PrimeMinister’sOffice particularlyfor plainlands Indigenous Peoples;

• signing of the CHTAccord with the PCJSS asa solutionof theCHT problem through political and peaceful means andaccordingly establishment of CHT Regional Council and threeHill District Councils asspecial administrative arrangements for

the CHT;• enactmentof theCHTLandDisputeResolutionCommissionAct

of 2001;

• amendment ofCHTRegulationof1900in 2003forestablishmentof a separatedistrict judgecourt in CHT;

• continuing of quota reservation in the government jobs andeducational institutions for‘tribal’ people etc.

On the other hand, Bangladesh has commitment and obligation topromote, protect and respect of almost all international human rights

treaties, includingtheInternational Covenant onCivil and Political Rights(CCPR), International CovenantonEconomic, Social andCultural Rights(CESCR), International Convention on the Elimination of All Forms of Racial Discrimination(CERD), ILOConventiononIndigenous andTribalPopulations 1957 (No. 107), Johannesburg Declaration on SustainableDevelopment andthe Economic andSocial Council Resolution 2000/22onestablishmentof theUnitedNationsPermanent Forumon IndigenousIssues.

In the same way, the Government of Bangladesh has ratified ILOConvention onIndigenousand Tribal Populations(No. 107) but is yet to




ratifytherevised version,ILOConventionNo.169,thoughinthe6th FiveYearPlan(2011-2015), the government expressedits desire to consider ratifying it. The implementation status of the provisions of the ILOConvention No 107 which deals with administration, land, education,vocational training, employment, language rights, all of which arevital for thewelfareof IndigenousPeoplesin Bangladesh,is unsatisfactory.Crucialissues likethecollectiveandindividual rightsof IndigenousPeoplesover

lands traditionally occupied by them, children’s rights to learn in their mother tongue (asstipulated in theCHTAccord of 1997), constitutionalrecognition of theIndigenousPeoplesetc, areyet to beimplemented.

Similarly, Bangladesh ratified Convention on Biological Diversity, whichincludesmeasuresontheprotectionoftraditional knowledgesystemsandgenetic resources of indigenous communities and measures for their equitable utilization (articles 8j and 10c), but most of the aforesaidprovisionsremain unimplemented, especially in theplains.

Correspondingly, the Small Ethnic Groups Cultural Institutes Act 2010,passedat theParliament without consultingIndigenous Peoples on theterminology to be used, recognized only 27 out of more than 54 “smallethnicgroups” thus facilitating to excludethemfromthe 2011 populationcensusanddevelopmentfacilitiesprovidedbytheSpecialAffairs Division(SAD) which looksafter thewelfare of IndigenousPeoplesin theplains.Thereis nodecision-making roleof IndigenousPeoples in theSAD andthedemandfor forminganadvisorycommitteecomprisingrepresentativesof IndigenousPeoplesis beingignored bythegovernment.

Wildlife (Protection and Safety) Act 2012

On 8 July 2012 the Jatiya Sangsad (Parliament) adopted the Wildlife

(Protection and Safety) Act 2012 without havingconsultations with andopinions of Chittagong Hill Tracts Regional Council and IndigenousPeoples of thecountry. Indigenous leaders, environmentalists andrightsbodies expresseddeepconcernover some provisions of theAct. Duringthe adoption of the Wildlife (Protectionand Safety)Act 2012 bill in theparliament on 8 July, Environment and Forest Minister Hasan Mahmudsaid that the government consulted with indigenous leaders during theformulation of the Act. However, indigenous leaders alleged that thegovernmentdid notorganiseanymeaninful consultation withIndigenousPeoples of thecountry.

Conversely, thisAct wouldcauselosingtheirrightsandaffect therightsof forest dependent people and forest dwellers who aremostly indigenouspeoples. The Act did not ensure the minimum rights of the forestdependent people’s including the traditonal occupations, livelihoods andtraditional resourcemanagement system.

Amendment of Forest ActThe government initiated to amend the Forest Act of 1927. Theamendment bill of the Act wasalreadyplacein the Parliament and wassent for reviewto the Parliamentary Standing Committee on the ForestandEnvironmentMinistryforreview. It is allegedthatIndigenousPeoplesandforest-dependent communitiesarenot being consulted in amendingtheAct. Even, opinion of the CHT Regional Council has been taken sofar.

It is alleged that if the proposed forest amendment bill is passed in theparliament as it is, the cultures, traditions and livelihoods of concerned

indigenous, forest dwellers and forest dependent communities will beseverelythreatenedsincelivelihood,culture, custom, belief, propertyrightsand administrative structure of the residents of CHT are significantlydifferent than that of therest of Bangladesh.

The Forest Act 1927 was framed with an aimto facilitate interests of colonizers, which is not merely obsoletetodayin current context but alsoinappropriateforanindependent democratic country. Insteadof changingthe basic structure and or adjustment of a few articles is not in factadequate to make it people-oriented and effective for environmentalprotection. In order to formulate an effective and efficient legislation,IndigenousPeoplessuggested,in linewithSection18(Ka)of thefifteenthamendmenttotheConstitutionof Bangladeshandconcernedinternationallegal instruments, it is necessary to formulate a people-oriented,environment protective and sustainable forest uses act by taking intoconsideration theopinionsof indigenouspeoples, forest dwellers, forestdependent communities andenvironmental specialists.

Ministry of LGRD issues a racial letter against Indigenous Peoples

On11March2012Ministryof Local GovernmentandRuralDevelopment(MoLGRD) issued a racial letter against Indigenous Peoples. The letter




titling“regardingcelebrationof IndigenousPeoplesday” signedbydeputysecretary of the MoLGRDDr. Md. Sarowar Bari was sent to all DeputyCommissioners (DCs) of the country on 11 March 2012. The DCsforwarded it to Upazila Executive Officers (UNOs) and UNOs forwardedtoall UnionParishads(UPs), theloweradministrativeunits ofthecountry.The letter stated that in April 2010 a bill named “Small Ethnic GroupCultural InstituteBill 2009waspassedin theparliament. Recently these

ethnic communitiesweretermedassmall ethnic groupin theconstitution.On 26 July 2011 foreign minister Dr. Dipu Moni briefed diplomats anddevelopment associates that the tribal people of the CHT are notIndigenous Peoples. The letter also stated that like previous years, thisyear IndigenousPeoplesaregoing to undertake several programmesontheoccasion of thenext IndigenousPeoplesday on9August.Theymayorganiseadivasi fair, cultural show, seminar, rally andother programmesat different places of thecountry including Shaheed Minar, Cox’s Bazar andevenonelectronic media ontheoccasionof next IndigenousPeoplesday. The national dailies may publish supplementary issue on thisoccasion. With thisbackdrop, MoLGRD, in said letter, asked thedeputy

commissioners-(a) to issue necessary direction that no important person of the

government delivers any speech to be contradictory to thegovernmentpolicyon IndigenousPeoplesduringtheIndigenousPeoples day.

(b) to monitor intensively that no support from government side isgrantedto anyprogramme of theIndigenous Peoples day.

(c) to take necessary measure to propagate that there is noIndigenous Peoples in Bangladesh, by collecting necessaryinformation and evidencesin thisregard.

(d) August is a mourning month, so unnecessary delightingceremonyshould not beorganised during this month.

Indigenousleaderssaidthat it isnothingbut aracial act ofthegovernment.Everycitizenhas rights to liberty, freedomof assemblyand association.Constitution of thecountrystipulatesthat theState shall not discriminateagainst any citizen on grounds only of religion, race, caste etc. So, theletterissuedbyMoLGRDis direct violationofthefundamentalrightsof theconstitution. They also added that Awami League-led grand alliancegovernmentis actingmorefanaticthanthe communal andfundamentalistgroups.

Policeobstructedralliesof IndigenousPeoplesin Joypurhat, Khagrachariand Bandarban districts. In an inter-ministerial meeting held on 21 July2011 in thepresence of representativesfromthe Prime Minister’soffice,Foreign Ministry, Ministry of the CHTAffairs, Military Headquarters andIntelligence Departments, the Government decided to erase the term‘indigenous’ fromall laws, policies, documents and publications of theGovernment.Thecurrent 6thFiveYearPlanchangedtheterminologyfrom

‘indigenous’ to small ethnic communities.

Government imposes restrictions on foreigners visiting the CHT

In thename of ‘higher security’ thegovernment imposed restrictions onforeigners visitingtheCHT. Theyareinstructedto keepa representativeof district administration with them when they meet any indigenous/religious person/groups. Restrictions were also placed on cashendowmentsto indigenouschildrenandtheir families foreducationoranyother purposes. In November 2011, the International CHT Commissionwas compelled to discontinue its 6th Mission in the CHT aimed at

assessing the human rights situation in the area as a consequence of unprecedentedinterferencefromofficialsof thedistrictadministrationandintelligenceagencies duringmeetingswithcivil societygroups.InAugust2011-July2012three foreigners(a British, a USand a Swedishnational)were ordered to leaveBandarbandistrict. Suchrestrictions createanair of intimidation and fear on residents of the CHT and help to add to theculture of impunity by making it difficult for human rights activists toinvestigateallegationsof humanrightsviolationsperpetratedby membersof thesecurity forces.1

A number of restrictions were placed on the activities of NGOs, foreign

journalists and human rights activists in the CHT, including theInternational CHTCommission.

Non-Government Organisations

Thegovernment is coordinatingandmonitoringNGOsworkingin theCHTthroughDeputyCommissionersinsteadof theCHTRegional Council andthree Hill District Councils (HDCs). It is direct violation of CHT Regional


1 Jointsubmissionon thehumanrightssituation of IndigenousPeoples in BangladeshbyCoalition of Indigenous Peoples Organisations



Council Act and three Hill District Council (HDC) Acts. These ActsauthorisetheCouncils to coordinate and supervise theNGOactivities.

On22 November2011, theDeputyCommissioner’sofficeaskedall NGOsin thethree hill districtsto submit information about theethnicbalanceof thebeneficiaries(percentageof indigenousand Bengalis) aswell astheethnic balance of the employees of the organizations. Some Deputy

Commissioners and other district officials verbally instructed theindigenous-managed NGOs to include a higher number of Bengaliemployees.TheconcernedNGOsprovidedverbal andwrittenexplanationthatthehigher numberof indigenous beneficiariesandemployeeswas aresult of thehigh degree of marginalizationof theindigenouspopulationand their habitationin remoterural areas, wheretheNGOs usually work.These explanations were not accepted, in violation of the constitutionalprinciplesonnon-discriminationandaffirmativeaction,andcontraryto theprovisionsof ICERD.

Census 2011 and population of Indigenous Peoples in CHT andPlain land

Accordingto2011Census, thereare27indigenous(small)ethnicgroupsinthecountrywhosepopulationintotal standsat1,586,141(male797,477andfemale 788,664), whichrepresents1.1%of thetotalpopulationofthecountry. In 2001 Census, this figure was 1,410,169. Over a span of 10years, the populations of Indigenous Peoples of the country have risenonly by175,972. According to thepopulation and housing census 2011,thepopulation of IndigenousPeopleshas decreasedin 47districts out of 64. The number increased by 175,972 in the rest of 17 districts. Thisstatistics doesnot conformto thereal situation, and therefore, there are

a lot of raised eyebrows following the 2011 Bangladesh Population andHousingCensus. Indigenous leaders are of the opinion that their exactnumbers of population have wrongly been represented in the Census.Several independently carried outcensusesshowthatthenumberof theGaros, Koch, Khasi and Santals is much more than what is shown incensus carried out by the government. This is, perhaps, due to thedeficiencyofproper instructionsfromthehigh-upsoftheStatisticsBureau,orto gleaningof wrongdataby the field level workers.2

The proportionof Bengalis to Indigenous Peoples in theChittagong Hill

Tracts (CHT) is almost equal, according to the final report of the fifth

population census 2011. The current population of CHT is 1,663,214.

According to population census of 2001 the population of CHT was

1,391,790. Thepopulationhasincreased271,424over the10years. The

rateofpopulationgrowthinthreehill districtsishigher thanthat ofnational

level.Accordingtodistrictstatisticsoffice, therateofpopulationgrowthinBandarban district is 2.64%, which is the highest among the three hill

districts, where the rates are 1.58% and 1.54% in Rangamati and

Khagrachari district respectively. The main cause of the higher rate of

population growthin Bandrabandistrict is thehigher rateof themigration

fromplain lands, whichgeneratedfromthe increasingjobopportunitiesin

the district. According to population census of 2001, the population of

Bandarban district was 311,570, where it became 404,033 in 2011. In

Rangamati district thepopulationwas531,267, whereit became620,214.

In Khagrachari district the population was 548,953 in 2001, where it

became 638,967in 2011.Ontheotherhand, disagrregateddatabasedonethnicitywasnot included

in the2001censusreport. However, in 2011censusreport thepopulation

of major 3 indigenousgroups of thethreehill districts was demonstrated,

whereremainingpeople werepresentedcollectively in aseparatecolumn

as ‘others’. There are 856,541 indigenous people and 806,673 Bengali

people in three hill districts. In Bandarbandistrict, among theIndigenous

Peoples, thepopulationof Marmacommunityis 77,477,thepopulationof

Mro community is 38,021, thepopulation of Tripura community is 20,685

and the populations of remaining other communities are collectively

36,218. In Rangamati district the population of Chakma community is260,445, thepopulationof Marmacommunityis 51,235,thepopulationof

Tripura community is 27,052 and the populations of remaining other

communitiesare 17,421.InKhagrachari districtthepopulationofChakma

communityis 161,960, thepopulationof Tripuracommunityis 86,196, the

population of Marma community is 67,000 and the population of other

communities are collectively 820. On the other hand, the populationof

males in Bandarbandistrict is 203,350, where thepopulation of females

is 184,984. In Rangamati district thepopulation of males is 325,823and


2 ProthomAlo,17August 2012



the population of females is 295,391. In Khagrachari district the

populationsof malesandfemalesare313,793and300,124respectively.3

Unrest in tea industry, pay increases, but dissatisfaction continues

Asa resultof continuousmovement,thedailypayment of thetealaborerswasincreasedbytheteagardenholders. Recently,thepaywasraisedas

an‘interimrelief’ withoutmaintaininganyproceduresanddiscussionwiththeleaders of theteagarden laborers. But thedissatisfaction continuesinspiteoftheincrement, asit didnotfulfill therequirement ofthelaborers.Therefore, it may arise unrest in tea industry. On the contrary, the teagarden holders stated that the negotiation on the increment andother issueswasnotpossibledueto dissidenceof theleaders.Consideringtheprice hike, the7.00 taka increment wasfixed fromSeptember 2011, untilthe disagreement of the leaders is resolved. The increment was fixedfollowing a meeting of tea garden holders. Consequently, the dailypayment of the laborers became 55 taka, where the sum was 48 takaearlier. The payment and other benefits of the 85,000 registered and

15,000 unregistered laborers of the 165 tea gardens are being fixed bymeetings after two years interval based on an agreement between teagarden laborers’ union and the Cha Samsad (tea garden holders’association).Thespanof theagreementhasfinishedon31August 2011.But thefactionemergedintheteagardenlaborers’unionbeforeexpirationof the agreement. Both faction groups started to put several demandsincluding increment immediateafter expiration of theagreement, wherethey demanded to fix thedaily payment to minimum150taka.

Althoughtheagreement hasexpired, theteagardenownersdonot renewtheagreement with any of thefactiongroups ashearingscontinuein the

court and the laborers continue to be deprived. Therefore, the franticlaborershave beencarryingonseveral movementssuchassimultaneousstrikesin all tea gardens of the countryputting an18point demand andtofixtheminimumwageat 150taka.But their programwaswithdrawnasthe7.00takaincrementto55takawasensured.Accordingto theconvener of a faction group of the laborers’ union Bijoy Bunarjy, based on thecommitmentof MinisterofLabour andEmploymentandthe request ofthe

leadersofteaassociation, theprogramwaspostponed. But thestrikewillbe conducted if the possessors do not fix the 150 taka wage. Theincrement wasa tacticsto stop themovement. The general secretaryof another faction of the laborers’ union Ram Bhajon Koiri stated that themovement for the equitable pay would be continued until it is ensured.Thetealaborersaregoingtoorganizegreatermovementtoachievetheir goals in future. The president of Bangladesh Cha Samsad (tea

association) Safwan Chowdhury stated that, the laborers are deprivedduetothedivisionof theunionleaders.Thedecisioncannot betakendueto faction of the leaders and unsettled legal encounter in the court.Nevertheless,consideringthehumanitariansidethe 7takaincrementwasensuredas ‘interimrelief’.Theactual payincrement will begivenfromtheterminationdateof theagreement. If theconflict of leadersis settled, thepay increment issuecan bealso resolved.

CHT people deprived of share from Semutang gas

The Semutanggas fieldis situated at Manikchari upazila in Khagrachari

district, thenorth-mostdistrictof theCHT.Thelocal residents, particularlypeople formKhagrachari, have been deprived of its share, access andexploration.Local governmentrepresentativesin theChittagongHill Tractsrecently called for movement, demanding that the gas fromSemutangfield besuppliedto the CHT region before it isfedinto the national grid.Representatives elected at different local government bodies includingupazila and unioncouncilsin Khagrachari districtgavethecall fromtheir district conference. Theysaid theinhabitants of Khagrachari district hada claimof priority onthe Semutang gas, which the government wasnotpaying heedto.According tothem, thegas should besuppliedtoCHTtomeet itsresidential andindustrialdemandsaswell. Theyalsocriticisedthegovernment fornotholdingelectionsatthethreehill district councilssayingthat runningthe local government institutionswithunelectedpeopleturnedthemintoa den of corruption.4

The indigenous peoples in Bangladesh have been marginalized,discriminated and deprived enjoying the fundamental rights even ascitizens of the country. The gross human rights violation such as killing,


3 ProthomAlo,17July 2012 andTheDaily Sun, 17July2012,Bengali-ethnicratio almostequal in Khagrachhari

4 The daily NewAge, 26February2012



murder, violence against indigenous women and children, non-equalityand discrimination, religious persecution among many othershaveincreasedin2012.Inmostcases,theperpetratorsenjoyimpunityandthis culture of impunity has acceleraed the violations of indigenouspeoples’ rights in the country. The laws and the acts affecting theIndigenousPeoplespassin theparliament without any consultationandconsent. The practiceofprinciplesof thefree, prior and informedconcent

(FPIC) hasbeenignoredinBangladesh. Theamendment oftheForestAct1927 or the WildlifeAct had passed in the national parlimanent withoutan effective and meaning consultation with the indigenous peoples andforest dwellerswhichvastly affectedtheirtraditional livelihoodsandnaturalresourcemanagement systems.Thediscrimination anddeprivationsuchastheright toget proper wagesor theusesofthenaturalgaseshavebeenpracticed. This attitude towards indigenous peoples makes them moreinsecure, andcreatesdistrust.

MEDIA REPORTS


‘Implement tribal quota for cadre services’

AUTHOR / SOURCE: JAGARAN CHAKMA

DHAKA, FEB 18: Since the introduction of tribal quota systemfor appointment in the cadre service through the Bangladesh PublicService Commission (PSC), candidates fromthe tribe people havebeen mostly deprived of the special quota due to absence of rulesand guidelines.Areviewof resultsof examinations conductedbytheBangladesh Civil Service (BCS) shows that not more than 18candidates from the tribes were appointed for the top jobs in thebureaucracysofar.

Accordingto gazettenotificationsof PublicAdministrationMinistry, 17tribal candidateswererecruited in the24th BCS, eight candidatesin25thBCS,twocandidatesin26BCS(Special), 18candidatesin27thBCS, seven candidates in 28th BCS and 11 candidates in the 29thBSC.

Accordingto thequotapolicy, fiveper cent jobswerereservedfor the

tribal candidatesalongwithfreedomfighters,womenanddistrictquotain 1985duringthegovernment of president HMErshad.

Earlier, there wasno quota in cadre service for the tribal people. In1972thegovernment introduced aninterimrecruitment policyforthepeople ofall thedistrictsofBangladeshinvarious servicesandpostsunder the government, (including the defence services). For autonomous and semi-autonomous organisationsand the nationalenterprises (including financial, commercial and industrialorganisations), the government decided, as an interim measure, tofull fill all futurevacanciesby candidates fromall the districts, onthe

basis of population. According to the interim recruitment policy, when the number of vacancies is so small that it cannot be distributed district-wise, thevacancies shall be calculated division-wise and quotas shall becalculated‘class-wise’.

After introducing the quota policy for the cadre service, thegovernment revisedthepolicytwicein1997and2011.But thereservepercentagehasnot been changed.

Besides there is norecord onthe recruitment of tribal quota systemin the research wing of PSC as well as in the research report

publishedevery year.

Chairman of Bangladesh Public Service Commission (PSC) at Ahmedul Huq Chowdhury on December 20 stated that quota policywould be implemented properly for all, including the tribal quota, toensure transparency in cadreservice recruitment. “Quota policy willnot beviolated duringmy tenure,” hesaid.

Ahmedul HuqChowdhuryadmittedthat thetribal candidatesarebeingdeprived because of absence of any clear-cut guideline on tribalquota, and it is a quitetough calculation.

Sunday, 19 February 2012




However, he suggested that the tribal candidates should becompetitiveandmaintain communicationwiththePSCtoensuretheir quota; otherwiseother candidateswill fill thevacuum.

Theimmediatepast PSCchairmanDrShahdat Hossainhadadmittedthatthetribalcandidateswerebeingdeprivedbecauseof absenceof any clearcut policyon tribal quota.

“Accordingto therules, nocandidatescan berecruited in thevacantpost against tribal quota. But officials of the earlier commissionsallegedly disqualified them in viva voce examinations and recruitedgeneral candidates,” heobserved.

I tried to follow the quota policy strictly when I joined aschairmanof PSC and thetribal candidateshave not been deprived, Dr Shahdatadded.

He underscored the need for honesty and integrity of the chairmanand members of PSCto ensure freeand fair recruitment of qualifiedcandidatesfor thecadreservicesas wellasto ensurethetribalquota.Otherwise administration and state machinery will not bestrengthened, hesaid.

About the recruitment policy in cadre service on tribal quota, theformer special assistant to the chief adviser of the caretaker government,BarristerRaja DebasishRoysaid, thereis abigprobleminthetribal quotadistributionsystem, havingnoclear cut wayto avoidthefiveper cent reserve post.

“Fivepercentquotafor the tribalcandidates isnot clearinthe policy,forthisreason they areeligibleonly fortheadministrationand policecadres. But seldomarethecandidatesbeingrecruitedin othercadresdue to suchunclear policy,” hesaid.

A retired additional secretary and former Ambassador to BhutanSharadinduShekhar Chakma alleged thatmostof thetimethetribalcandidates were deprived due to non-compliance of the PSCrecruitment policy.

Besides a study on “Bangladesh Public Service Commission: ADiagnostic Study” conducted by Transparency InternationalBangladesh(TIB) observedthatfromthe verybeginningof thePSC’soperation, its credibility has beensubject of controversy.

Primary textbooks contain misinformation on

Adivasis- Roundtable told

Staff Correspondent

Despite makingcorrections, the primary school level textbooks stillcontainsomewrongandmisleadinginformationabout thecultureandlifestyleof thecountry'sindigenouscommunities, speakers said at aroundtable yesterday.

The inaccurate information is leaving a negative impression on theyoung minds and may put communal harmony at stake, they said,calling for bringing more modifications in the books, portraying

Adivasispositivelyand including their contributions.

The roundtable "Ethnic identity in textbooks: Our attitude" wasorganised by Development Initiative for Inclusive People (DIIP) andZabarang Kalyan Samity in cooperation with Manusher JonnoFoundation(MJF) and Ministry of CHTAffairsat JatiyaPressClub.

Speakingontheoccasion, DIIPExecutiveDirectorChowdhuryAtaur RahmanRana gavesome examples of misinformation. The classVtextbookPoribeshPorichitiSamaj(SocialScience)saysGarowomenwear blouse and lungi, which is not correct, he said. "Garo womenput ona traditional dresswhich resembles their identity."

He also said the social science book for class IV described rabbitmeat, pork, and crabsasfavourite food items for Santal community,which was irrelevant in the children's textbooks and might create amental distance between people who consumed them and who didnot.

Ataur Rahman urged the writers of the National Curriculum andTextbook Board(NCTB) books to bemoreresponsible while writingabout indigenous people.

"Thetextbooksportraymostlynegativesthingsonindigenouspeople,"

Thursday, September 20, 2012




claimed Shaktipada Chakma, organisational secretary, Bangladesh Adivasi Forum.

Shaheen Anam, executive director of MJF, said, "We've to portraythempositivelysothat our children donot haveany negativeattitudetowards them."

Primary and Mass Education Minister Afsarul Ameen said makingcorrectionwasacontinuousprocess, andtheywouldbringnecessarychanges to thetextbooks.

NCTBChairmanMostofaKamaluddinsaidtheclassVtextbookwouldbe replaced next year with more positive contents under a moderncurriculum.

Indigenous People's Rights

Law demanded for protection

Staff Correspondent, Rajshahi

Adivasi leaders and rights groups in a views exchange meeting inRajshahi cityyesterday urgedthegovernment to passtheproposed"BangladeshIndigenousPeople'sRightsAct" sothat their rights canbewell protected.

Theparliamentarycaucusonindigenouspeoples'affairshaspreparedthe draft law and organised the meeting with supports fromOxfam,Research and Development Collective (RDC), and Jatiya AdivasiParishad (JAP) to draw recommendations fromgrassroots level tomakethelaweffective.

The speakers proposed constituting a national commission and aseparate ministry to protect indigenous people's rights to their ancestral landas awayof ensuringtheir social-economic andculturalwell-being.

Eminent litterateur HasanAzizul Haqueattendedthe programme aschief guest whilelawmaker FazleHossain Badsha, a member of thecaucus, presided over the meeting at Rajshahi Chamber's of CommerceandIndustries.

RDC General Secretary Prof Mesbah Kamal and JAP PresidentRobindranath Sorenattendedasspecial guests. Indigenousleaders

Anil Marandi, Noresh Orao, Romanath Mahato, Zakaria Mardi alsospokeontheoccasion.

They demanded inclusion of names of all tribes and ethnic groupsand theissueof adivasi women's empowerment in thelawto protecttheir rights. Theyalso reiterated their demand for primaryeducationin their mother tongues.

The speakers said the lawwould lay down the legal framework for eliminatingindigenouspeople'spovertyin ordertomitigatetheir plight.

Sunday, September2, 2012



36 HumanRights Report 2012 onIndigenous Peoplesin Bangladesh

II.

MAIN HUMAN RIGHTS

ISSUES



II. MAIN HUMAN RIGHTS ISSUES

Since independence in 1971, Bangladesh has ratified a number of international humanrightsagreements. Foremostof themare InternationalLabour Organization (ILO) Convention on Indigenous and TribalPopulationsof 1957(alsoknownasILOConventionNo.107),InternationalConvention on the Elimination of All Forms of Racial Discrimination(ICERD), International Covenant on Civil and Political Rights (ICCPR),International Covenant on Economic, Social and Cultural Rights,Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW), and Convention on the Rights of the Child (CRC).However, gross human rights violations against Indigenous Peoples inthe CHT as well as in the plains of Bangladesh continue to exist at analarming manner. Failure to properly investigate human rights violationscommittedbyBengali settlerswith latent supportfromthe securityforces,illegallandgrabbersandlocal administrationsremainsamatterofseriousconcern.

Perpetratorsarenotbeingcaptured, prosecutedandpunished at all. Thelaw enforcement agencies of Bangladesh Government are neither providingadequateprotectionto theIndigenousPeoplesnorco-operating

infilingcasesagainst thecriminals. Rathertheir negligenceofhandlingtheissues of human rights violation is facilitating criminals to commitoutrageousand barbaric activities to a major extent. Thereareinstanceswhereperpetratorsarereleasedunpunished evenaftertheconfessionof their crimes. Besides, life and safety of the witness and the lawyersinvolved in the prosecution process are often threatened where courtverdicts announce punishment against criminals. Discrimination andviolence against Indigenous Peoples including women and childrencontinuesto beaseriousissuetoday.Although,manygovernmentofficialsstatethat mostoftheseviolenceactivitiesoftenhavepolitical oreconomic

motivations, they cannot be attributed only to religious beliefs or ethnicaffiliations.

At A Glance: Human Rights Violations on Indigenous Peoples in 2012In 2012, the numbers of incidents of human rights abuse againstindigenous peopleshave increaseddrastically compared to thepreviousyearof2011 bothin the CHTand in the plains. 8 people(2fromthe CHTand 6 fromthe plains) were reported tobekilled, 23wereeither arrestedor detainedthroughout 2012 while 133were torturedor intimidated.Also,276 indigenoushousesweredemolished.Atotal of 9 communal attackswere made on indigenous communities across the country; of them, 4were in the CHT and 5 were in the plainsof Bangladesh. Moreover, 165people fled and took shelter in the nearing state of India during brutalcommunal attacks on indigenous villages in Matiranga upazila under Khagrachari district. It is reported that Bengali settlers committed mostcommunal attacks in CHT where security forces played a role either passivelyor collaboratively.

Religious extremismhas been one of themost anxious issues in 2012.Indigenous peoples largely follow Buddhism, Christianism, Sanatanismor their traditional religion. In September, 23Buddhist temples including2 Hindu temples wereburnt to ashes bytheMuslimextremistsin Ramu,Ukhiya, Teknaf andCox’sBazaarmunicipalityin Cox’sBazaar districtandin Patia under Chittagong district. Such type of religious violence isunprecedented in thehistoryof Bangladesh. Unlike previous fewyears,intensity of violence against indigenous peoples has reached a criticalstagein 2012wheremorethanhundredBangladeshi indigenouscitizenshave fled to Indian state of Tripura in order to survive from brutal

communal attacks. Cross border escapedueto communal violence hasrarely beenseensincetheCHTAccord wassigned in 1997in thepast.

Table 1: Basic human rights violations and casualties of

Indigenous Peoples in 2012




Attack on Buddhist temple & Hindu temple 2 23 25

Communal attack 4 5 9

Destruction of house and property 17 259 276

Cross border escape 165 - 165

Figure- 2.1: Basic HR violations and casualties

in CHT: 2012 vs. 2011

133

62

4 2

141

01 2

117

4 417

165

0

20

40

60

80

100

120

140

160

180

20122011

Arrest anddetention

Killing Torture &intimidation

Attack ontemples

Communalattack

Destructionof house &property

Cross border escape

Human Rights Report 2012 on Indigenous Peoples in Bangladesh 39

117

2 4 17

165

22 6 16 23 5

259

0

0

50

100

150

1 2

200

250

300

Arrest and

detention

CHT Plain land

12

Figure- 1: Basic HR violations and casualties of IPs in 2012

Killing Torture andintimidation

Crossborder

escape

Destructionof house

and property

Communalattack

Attack ontemples

40 Human Rights Report 2012 on Indigenous Peoples in Bangladesh

Figure- 2.2: Basic HR violations and casualties inplain land :2012 vs.2011

1 438

1 437

022 6

235

259

0

0

50

100

150

200

250

300

2011 2012

16

Arrest anddetention

Kill ing Torture &intimidation

Attack ontemples

Communalattack

Destructionof house &

property

Cross border escape

Table 2: Main human rights violations and casualties of Indigenous Peoples in 2011

Violation CHT Plain Total

Arrest & Detention 13 1 14

Killing 3 4 7

Torture & Intimation 62 38 100

Attack on temple 4 1 5

Communal Attack 4 4 8

Destruction of house and property 141 37 178



Mohar s/o Jalaluddin, Md. Ismail s/o Nehar Khan, Md. Tarekul s/o AbuBakar Mollaand Nazarul s/oNehar Khan.

It waslearnt that on27January2012oneAgar(amedicinal tree) cultivator named Md. Shah Alam (45) was killed by unidentified miscreants atHarincharaBill area. Followingthekilling,without anyclue, nearbyBengalisettlers indiscriminately attacked upon the Buddhist temple to takerevengeof thesaid killing.

On 29 January 2012 a delegation of Parbatya Bhikku Sangha, anorganisation of Buddhist monks, led byDharma NandaMahathera, vice-president of Central Committee, visited the spot. The monks alsoorganised a press conference where they condemned the killingof Md.Shah Alam and demanded immediate punishment of the perpetratorsinvolvedin killing and attackbyproper investigation.

Police attacked on indigenous Chakma (Tanchangya) village in

Teknaf

In the early hours of 30 May 2012 a group of policefrom Teknaf policestation, along with miscreantsof mainstreamBengali population, led bySub-Inspector (SI) Bakhtiar and local influential Abdul Haque, raidedindigenous Tanchangya (generally called Chakma themselves) villagesof Howaikyongarea under Teknaf upazila in Cox’s Bazaar district. In thisattack, ninehouseswerecompletelyransackedand11Chakmavillagerswere severelywounded.Besides, 7 villagers including4 Chakma youthsand students were arrested. One pregnant woman gave birth to apremature baby due to brutal torture and several women were sexuallyharassed.

It was learnt that on 29 May 2012 at around 10.00 pm, a group of miscreants numbering 10-11 persons led by one policeman Sipon Mian(32), a village police member Md. Hossainand a local land grabber Md.

Abdul Haque attacked onAmtali Chakma village of Howaikyong union inTeknaf. They first raided the houses of Bhantu ChingChakma (25) s/olate Neemong Chakma and Chingkyahla Chakma (40) s/o Chaigya UChakma and tried to bring out young women from the houses. Theneighbours of this village rushed there while the young women wereshouting. Sensing public presence, the two police personnel andmiscreantsfled theareahurriedly.


MASSIVE COMMUNAL ATTACKS

A Buddhist temple attacked by Bengali settlers in BilaichariOn 28 January 2012 at about 8:00 a.m. a Buddhist meditation centre(Kilachari Bidarshan BhabanaProsikkonKendra) of HarincharaBill areaof Bilaichari upazila bordering Kaptai upazila of Rangamati Hill Districtwasattackedbya group of Bengali settlers. In the attack, different partsof thetemple, imagesof Lord Buddhawerebroken down and valuablesoftemplewerelootedbytheBengali settlerswhocamefromnearbysettler inhabitedareas.

It wasalleged that theattackwasledbyMd. Bareks/olateMannan, Md.Mahedul s/o SheikhKabiruddin, Kasemmember s/o Shamsul Haq, Md.



At around 3.00 am on 30 May 2012, with more police force fromHowaikyongpolicepostledbySub-Inspector(SI)Bakhtiarandsomemoremusclemen led by local influential Abdul Haque again attacked AmtaliChakma village. They beat the Chakma villagers indiscriminately andlootedthevaluables of thehouses.

Sourcessaidthat thepoliceandmiscreantsfirst raidedthehouseofUchaThaoi Chakma (40) of Amtali village and arrested him without anyallegation and then beat severely. At that time, Mr. Chakma’s 8-monthpregnant wife Ms. Malaimey Chakma (30) was also beatenindiscriminately while she tried to protect her husband frombeatingof attackers. Due to beating her indiscriminately, Malaimey gave birth to aprematurebaby. She wasfirst admittedat local healthcomplex in Teknaf and on1 Juneshe wastransferredto Cox’s Bazaar district hospital withserious condition. The victims of thisattackwereidentified as-

1) Ms. LuckyChakma (18), beatenandsexuallyharassed;

2) Ms. Samiya Ching Chakma Sumi (15), beaten and sexuallyharassed;

3) Roi MeyChakma (85), severelywounded;

4) Usa KingChakma (55), severelywounded;

5) Rima Sai Chakma (50), severelywounded;

6) KishoreUoisa Chakma (10),severelywounded;

7) Sain Ming Chakma (9), severelywounded;8) UchhaThain Chakma (35), severelywoundedandarrested;

9) Sathaing Chakma (25),severelywoundedandarrested

10)NayanChakma driver(24), severelywoundedandarrested

11)Sathai SingChakma (26),severelywoundedandarrested

Md. Mahjujur Rahman, assistant sub-inspector of Howaikhyong policepost, filed a caseon 30May2012with Teknaf policestationagainst 37Chakma andBengali villagers including arrested four personscharging

attackonpoliceforce with theintensionto kill themwhilethepolicewerereturning to policepost alongwith two arrested defendants.

Police falsely claimed that some police personnel of Howaikong policepost went to theAmtali village following a case filed byAbdul Haque toarrest theculprits. Policealsoclaimedthat whentheywerereturningwithtwo arrested accused, the villagers swooped down on them with sharpweapons,andgravelyinjuredoneof their colleaguesnamelyShiponMian.On thecontrary, thevillagersclaimedthat police’s version of theincidentwas fully fabricated and baseless. Police went to theAmtali village onplain clothswith themotive to conduct robbery in thename of searching

accusedpersons.

11 Indigenous Jummas become victim of robbery by Bengali

settlers in Longadu

On9July2012ataround8:00am,11indigenousJummasbecamevictimof armed robbery by a gang of Bengali settlers in lake area known asKalatila-Swarnatila area around six miles away to the south-east fromLongadu upazila headquarters of Rangamati hill district. The robbersmade 3 Jummas wounded by attacking with sharp knife and machete,looted 11 mobile phones, ornaments, money, clothes etc. that worth

around BDT2 lakh.

It is learntthat thesaidJummaswerecomingfromBaghaichari areabyacountry-boat towardsRangamati headquarter. At around 8:00amwhenthey reached at Kalatila-Swarnatila area, the gang of Bengali robbersnumbering10-12comingbyboat suddenly attackedthemandcommittedthe robbery. Later, the victimJummas went nearby Kattoli area. Thentaking help fromJumma villagers of Kattoli area, they went to Longaduheadquartersandinformedthepoliceandlocal Jummaleaders.Afterthatthewounded3 jummaswho wereadmittedto Longadu hospital wereas


Victims of attack on indigenous village in Teknaf



follows-1) Mr. Utpal Kanti Chakma (37) son of Narendra Chakma, village-

ChintaramChara, Sarwatali union, Baghaichari upazila; hewascut in the backof head.

2) Mr. Dronacharjo Chakma (45) son of late Sumati RanjanChakma, village- Galachipa, Chijak area, Baghaichari; he washurt in left hand.

3) Mr. RikenChakma(28) sonof Mr. Surjo KumarChakma, village-Sijakmukh area, Baghaichari upazila. he was hurt in theupper right arm.

Communal attack on Jumma villagers in Matiranga

On 4 August 2012 Bengali settlers attempted to commit a communalattackonindigenousJummavillagersatKadamtali villageof Barnal unionunder Matirangaupazila in Khagrachari district. Following thecommunaltension,hundredsof Jummavillagerstook shelter intotheIndianboarder

of TripuraState.It is learnt that onthat day Bengali settlersspreadrumorthat a deadboyof Bengali settler was found near Jumma locality at Lalmian Bagan of Mongsajai KarbariParaof Tabulchari union under Matirangaupazila. Butthis propagandawas found baselessandfabricated.

The Bengali settlersagainpropagatedthat a groupof Jummasattackedthree Bengali settlerswho were returning fromMatiranga bazaar. TheyalsoallegedthatBDT50,000were looted fromBengali youths.Followingthispropaganda, at around 8.30 pm, agroupof Bengali settlersgatheredatKadamtali areatoattackindigenousChakmavillagersbytwojeepsand

around 30motorbikes. At that time two Chakma youths namelyPratulyaChakma (28)s/o Japani Mohan Chakma andPanthaMoni Chakma (25)s/oAmerica Chakma of Amtali village wereconfinedbyBengali settlers.However, AliAkbar, chairmanof Barnal unioncouncil rescuedthesetwoChakma youths fromthe attackof Bengali settlers. At that time, Bengalisettlers also carriedout attack on indigenous houses at Kadamtoli areaandBuddhist temple at Dak BanglowBazaar area.

A group of BGB led by lieutenant colonel Md. Tabid rushed there andrefrained Bengali settlers from attack on Buddhist temple. However,

Bengali settlersthrewbrickbat ontheBuddhist templeandsomeshopsof DakBanglowBazaar.

Following the attack of Bengali settlers, at around 9.30 pmindigenousChakma villagers of Kadamtali village numbering 165 persons fled toIndia. The Border Security Force (BSF) of India gave to the Jummapeople formallyregisteringthenames. On 5August 2012in themorning,aflagmeetingbetweentheBSFandtheBorder GuardBangladesh(BGB)

washeldand165Jummaswhowereregisteredby theBSFwerehandedover to theBGB.

Three Jumma villagers attacked by Bengali settlers in Panchari

On 26 August 2012 three Jumma villagers including a woman were

attacked by Bengali settlers at North Shantipur village under Panchari

upazilain Khagrachari district.Twovictimswereadmittedfirst at Panchari

upazila hospital and then transferredto Khagrachari district hospital with

serious condition.

It is learnt that onthat day Bengali settlers ledby MasudRana (30) s/oSadeq Ali fromAmarpur village in Ward No. 4 of Ultachari Union under

Panchari upazila started construction of a house on the land of Kanti

Bhushan Chakma (70) s/o Girish Chandra Chakma of North Shantipur

village. Getting thisnews, Kanti Bhushan Chakma went to thePanchari

policestationtoseekhelpagainsttheconstruction.But Officer-in-Charge

(OC) of thePanchari policestationdidnot take any action.

Hence, KantiBhushanChakma,alongwith hiswifeandson, rushedtothe

spotataround3.00pm. TheBengalisettlersattackedon themwithsharp

weapons when theytriedtoresist Bengali settlersto erect house ontheir land. In thisattack, Kanti Bhushan Chakma got cuts onhisthree fingers

of the left hand while his wife on her thumb. His son Triratan Chakma

sustained cuts onhisleft shoulder and left hand.

All of them were admitted at Panchari upazila hospital. Later, Kanti

BhushanChakmaandhis sonweretransferredtotheKhagrachari district

hospitalwith critical condition.KantiBhushanChakmafiledacaseagainst

aforesaidBengali settlerswith Panchari policestation.But thepolicehave

takennoactionsofar.




Two indigenous men were tortured by a UP chairman in Birol

On 7 September 2012 two indigenous men were tortured by a UPchairman at Dhukarjhari village under Birol upazila in Dinajpur district.Twovictims were identified as Reshom Vunger (27) and Nokul Vunger (55)fromPipalla Kanchanpalli Clustervillage.

It is learnt that onthat day at around 4:00 pmMd. MoslemUddinAhmed,

chairman of Dhamer UnionCouncil hasattackedthevictims physically inpublic at Dhukarjhari Bazar. The victims have received first aid at localhospital. The villagers informed that this incident hashappened due tolong standing land related clash between the chairman and IndigenousPeoples. They also confirmedthat onthesame day thechairmenalongwith hisgangattackedonindigenouswomen. After thetortureupontwoindigenous men, Indigenous Peoples submitted memorandum to theUpazila Nirbahi Officer (UNO) of Birol upazila. They also filed a GD(generaldiary).But theadministration didnot take any actionagainst themiscreants.

Massive communal attack in Rangamati, injured more than 100

Jummas

On 22 September 2012 the Bengali settlers conducted savagery attackupontheIndigenousJumma peoples in different localities of Rangamatidistrict towninpresenceofthesecurityforces. Inthisattackmorethan100injured Jummas were identified including a government physician, 14UnionCouncil Chairmen. ThreecollegeteachersandnineBengali settlersandstudentswerealsovictimizedinthisattack. Moreover, theChittagongHill Tracts Regional Council (CHTRC) officeand rest house came under attack and many Jumma houses including their commercial

establishmentswerevandalized.After muchdelayof thebeginningof theattack, Army, Border Guard of Bangladesh (BGB) and police weredeployed inthespotsof occurrence. Evenaftertheir deployment, thelawenforcing authorities miserably failedto undertake proper measures tocontrol thesituationandsaveJummapeopleandtheir valuablepropertiesfromtheattackof Bengali settlers. Finallydistrict administrationimposedsection 144 around at 1.00 pmon 22. However, evenafter promulgationof Section 144, theBengali settlers continued to stageorganized attacksindifferentareasofRangamati town. Duringthis time, thearmyandpolicedidnot takeanyinitiativeto disperseawayor toarrest theBengali settlers

onthegroundof breakingtheSection144. Evenon23September,whileSection 144 was still in force, with exception to making dispersed, noBengali settler wasarrestedduringtheattackonJummasat RangamatiHospital area, rather attempted to organise attack on Jummas at EastTribal Adaam, Rajmoni Para andGarjantali.

It is learntthat altogether 4caseswerefiledwiththeKotwalipolicestationin Rangamati. Dr. Binode Shekhar Chakma, member of Bangladesh

MedicalAssociationandMedical Officer of Rangamati Civil Surgeonoffice;Himel Chakma,theRangamati districtcorrespondent of privateTelevisionChannel Independent andTheDaily ManobKantho; Shimul ChakmaandDineshTanchangya,thevictimsoftheattackfromKalindipurandHospitalareasubmitted Ajahars with the police station. It waslearnt that the two

Ajahars of the attack on Dr. Sushobhan Dewan and on the attack uponHimel Chakmawereacceptedascases.TheremainingtwoAjaharshavenot yet beenaccepted assuits. However, thepolicehavenot yet put anyeffort to arrest thepersonsmentionedin thecases filedwith.

About 30injured people were admitted to Rangamati General Hospital.

Later, Dr. Sushobhan Dewan, Mangal Kanti Chakma, Subhash MitraChakma, Shimul Kanti Tanchangya, MonghlauMarma and5 numbersof Bengalis were sent to ChittagongMedical College Hospital. Consideringthe critical condition, Dr. Sushobhan Dewan was again transferred toDhaka.


The atrocities of Bengali settlers during communal attack in Rangamati



Athree-member Probe Committee headed by Mr. Mostafizur Rahaman, Additional Deputy Commissioner (Revenue) with two members Mr.BrishaketuChakma, memberof theRangamati Hill DistrictCouncil andMr.Habibur Rahaman, Additional Superintendent of Police was formed toinvestigate into the communal attack in Rangamati.The investigationreportwas made public in October. Though various recommendationswere mentiond in the investigation report, it lacked the reflection of

completeand authenticpictureof thereal incident.Asa result, thereportfailedto embody the root causes of the attack and failed to identify themastermind andinstigatorsbehind theattack.

Communal attack on indigenous villagers by Bengali settlers in

Matiranga

On15September2012, Bengali settlersattackedonindigenousvillagersat Rajdor Para of Tabulchari mouza under Bornal union of Matirangaupazila in Khagrachari district.Followingtheattackof Bengali settlers, ataround 10.30 pm, more than 15 houses including a Hindu temple

(belonging to Tripuracommunity) were smashed.

It was learnt that the Bengali settlers spread that tribal miscreantskidnapped Md. Mostafa with his son whilethey were going back homefrombazaar. Following this information, around 10.30 pm, a group of Bengali settlers numbering 50/60 people, led by Md. Ali Akber (60) of Bornal union and former UPmember Alauddin Babul, s/o late OsmanGoni, startedattacking onindigenousTripura villagewithstick and sharpweapons. At that time Bengali settlers smashed more than 15 houses,damagedatemple,andransackedthevaluablesfromhouses. Priest LaliMohonTripura,sonofHoriCharanTripuramanagedtofleefromhishouse

nearby temple during this violent attack. At the same time, the Bengalisettlers bustedand looted the shopof Mr. Priti Bindu Barua, son of BiralChandraBarua.

After they had made this violent attack, the Bengali settlers were againpreparingforanother attackatBoroparavillage(approximately2kmawayfromRajdorpara). However, atthat timeagroupof BGBpersonnel ledby2ICMajor Kamrul of Jamini para went there and refrained the Bengalisettlersfromattacking. At night the Indigenous villagers of Rajdor ParaandBoroparafled and took shelter in thenearbyjungles fortheir securityandsafety.

Massive communal attack on Buddhist community in Cox’s Bazaar

and Chittagong

On 29-30 September 2012 Islamic extremists conducted a massivecommunal attack on Buddhist community in Ramu, Ukhiya, Teknaf andCox’s Bazaar municipality area under Cox’s Bazaar district and Patia inChittagong district,followinga photographdefamingtheholy Quran was

reportedly tagged by someone on the wall of a Facebook user, UttamBarua. In this attack, at least 21temples including2 Hindu temples andaround50housesbelonging to Baruacommunitywere completelyburnttoashesandmore200-250houseswereransackedandlooted.Hundredsof peoplebecamehomelessandhundredsof families left theirhousesfor safer places.

It is learnt that on 29 September around 9.00 pma militant processionwas broughtoutChowmuhini areaof Ramu upazila sadar.Conductedby

leader of Chatra League (student wing of Awami League) Md. Saddam,theprocessionwasaddressed, amongothers, bypresidentofRamupressclubNurul IslamSelim, leaderof SechhasehabakLeague(volunteerwingof Awami League) Apel Bhuttaet al. Besides, Abul Kasemof Chatra Dal(student wingof Bangladesh Nationalist Party), Md. Didar of BNP, Md.Jahangir of Jamat-e-Islam et al were present in this meeting. Around 8thousandmilitant Muslimsattendedtheprocession.Atasubsequent rally,they claimed a youth by thename of Uttam Barua (24) had posted thepurportedly offensive photo in the social networking website anddemandedhis arrest.


Burnt Buddhist temple and image of Buddha after Ramu communal attack



It is also learnt that at around11.30pmanother militant procession wastaken out that marched downtowards the Barua Para in Ramu upazilaand some youths from the procession set some homes of the BaruaBuddhists on fire. At that time, BNP lawmaker of Cox’s Bazar-3constituency Lutfar Rahman Kajal and vice chairman of Ramu upazilaSohel Sarwar Kajal werealso present there and they didnot prevent themobfromattackingtheBuddhist community.

Fromthenon, at least 30houses, three temples including‘Saada Ching’and ‘Laal Ching‘ were burnt to the ground. A 100-foot high under-construction Buddha sculpture was also ravaged in Bimukti BidarshanBhabana Centre in Ramu. The monk of this temple was also wounded.

Also, Ramu Maitree Bihara, Saada Chinglaal, Ramy Sina Bihara andJadiparha BouddhaBihara were torched, ransackedandlooted. At least10Buddhist villageswereattackedandPurboMerongloalocality thathadaround 40houses wasburnt. Oneof Buddhist temples was Ramu BaraBouddha Bihara in which thousand-year old Buddha statues weredestroyed.Mobslootedanddamagedmorethan200housesuntil 3.00am

inthisattack. It isreportedthatseveralpeoplewereinjuredin themidnightattack and the Buddhist villagers got panicked and left their houses for safer places. Local people alleged that Md. Didar of BNPled the mobduringthearsonattack.

The fire services managed to douse the blaze around 3.00 ambut thetemples and the houses were already gutted by then. Around 3.30 am,unitsof BorderGuardBangladesh (BGB), RapidAction Battalion (RAB),and police managed to quell the attack. Local administration imposedsection 144 to control thesituation. The home minister Mahiuddin Khan

AlamgirandindustryministryDilipBaruavisitedthespot on30September.

In Patia: on30September atnoonIslamicmilitantsbroughtout amilitantprocessionat Patia, whichwasfollowedbyattackonBuddhist, andHindutemples at Patia in Chittagong.

It is reported that several hundredfanaticMuslims took out a processionand launched attacks on the LakharaAbhoy Buddhist Bihara at aroundnoon and set it on fire. They also attacked the Kolagaon Rotnangkur Buddhist Bihara, KolagaonNobarun Sangha DurgaMandir (temple) andthe Matri Mandir at Jele Parain Patiaupazila.

In Ukhia: On 30 September around 7.00 pm hundreds of extremist

Muslims led by general secretary of Awami League of Ukhia upazilaHamidul Hoque Chowdhury and former chairman of Ukhia upazilaMahmudul Haque Chowdhury brought out militant procession at CourtBazar area in Ukhia upazila under Cox’s Bazaar district. The mobconducted attack on Barua-inhabitedvillages namely Wakhyong BaruaPara, Kutupalong, Court Bazaar and Marijya area of Ukhia. Theyset fireon five Buddhist temples. The Buddhist temples include- Paschimratna

Sudarshon Buddhist Bihara situated at Court Bazar area, Uttar BorobilBuddhist Bihara, Paschim Maricya Shraddhangkur Buddhist Bihara,Rajapalong Zadimura Buddhist Bihara and Rejur Kul DhormashokBuddhist Bihara.

In Teknaf: On30Septemberat 7.00pmthousandsof extremist Muslimstook out a procession from Hoaikang Lombabil area in Teknaf. Theprocession was joined by many others when it reached Hoaikangstation. They marched down to Laturikhola remotehill area and torchedhousesof one Buddhist and four Hindu families. In order to dispersethemob, thelawenforcersfiredsome rounds fromtheir gunstodispersethe

mob.

In Cox’s Bazaar municipality: On 30 September around 9.00 pmhundreds of Muslims fromRahmainia Madrasa of Pahartali running withthe support of Rohingya Solidarity Organisation, Khajamandir BurmaiyaPara and Boidyaghona and Maheshkhali Para under Cox’s Bazaar municipality brought out a procession. The police rushed there and themob marched towards Rohingya-inhabited area namely Khajamandir Burmaiya Para and Boidyaghona and Maheshkhali Para. During theprocession, themobthrewbrick-batsonRakhaine housesandBuddhisttemple.

Communal attack on indigenous villagers in Matiranga

On15 October2012ataround10pma TripuravillagenamedRajdorParaof Bornal union in Matiranga upazila under Khagrachari district wasattacked by Bengali settlers. In this attack a Hindu temple of Tripuracommunityandhousesof Jumma families were destroyed andlooted.

It is reportedthat onthat dayagroupofunidentifiedmiscreantsabductedMohammod Mostofa and his son on their way back to home from localDakbanglowbazaarunderBornal union. Receivingthenewsof abduction,




theBengali settlersled byAli Akbar, chairman of Bornal union attackedRajdor Para Tripura village with sticks and sharp weapons. Theydestroyed and looted almost 15housesof this village and also attackaHindutemple.

A Durga Mondir (temple) attacked by Bengali settlers in Matiranga

On 21 October 2012 at around 11:00 pmBengali settlers led by Abul

Kashem(35), sonof Bulbul AhmedofTabalchari settlervillagealongwithother five settlers have attacked Tripura inhabited Laisapara village(RambabuDheba) underMatirangaupazila in Khagrachari district.InthisattackBengali settlersdestroyedDurgaMondir (temple)ofTripurapeoplein thisvillage.

KILLING AND OTHER CRUEL TREATMENT

An indigenous adolescent killed allegedly by forest guards in Kaptai

On 7April 2012anindigenousadolescent namedUla Mong Marma (14)s/oThui Mra Chai Marma of village-Aga Paraof Chitmoromunionunder Kaptai upazila of Rangamati Hill District was allegedly killed by forestguards of Karnophuli forest rangeof forest department.

Local sources said that on that day at noon Ula Mong Marma with histhreefriendswent tothenearbyreservedforestunder Karnophuli reservedforest to collect firewood for domestic use. Around3.00 pma group of forest guards of forest department chased Ula Mong and his friends.Though the friends of the deceased could narrowly escape,the forestguardscaught UlaMong.AsUlaMongdid not returnhometill evening, hisfriends informed to chairman of Chitmorom union Mr. Thowai ChingMarma about thematter. The local people searched himin theforest atnight, but they failed to trace the victim. The next day on 8 April 2012around 9:00 am the local people recovered Ulah Mong’sdead bodycoveredwith bushand leaves at thereservedforest.

Dr. MongKyawChing Marma, acting Residential Medical Officer (RMO)of Rangamati General Hospital said that Ula Mong Marma had died dueto headinjury.

Karnophuli rangeofficerMamunurRashiddeclinedtheinvolvement ofanyforest staff with this incident. However, local villagers confirmed that a

groupofforestguardsledbybeatofficerMd.Abdul Rahmanwaspatrollingat that areaof the reservedforest onthat day.

It waslearnt that on10April 2012a casewasfiledwiththeChandraghonapolicestationin thisconnection. But nonewasarrested.

Four indigenous laborers killed at Manda in Noagaon

On 4 May2012at around 11.00 amfour indigenouslaborers werekilledand10more, includingwoman, wereseriouslyinjuredat Chakgopal fieldinKashpur unionof Mandaupazilain Noagaondistrict inaclashover landdispute.

It is learnt that Mr. Maharama Mardi (48), Mr. MadanMardi (45) and Mr.Iliyas Mardi (40) werekilled in thespot and seriously injuredMr. KrishnaMardidiedin thefollowingmorningin Rajshahi Medical CollegeHospital.

All thedeceasedwereinhabitantsofPungi (Nibuda) villageof Niyamatpur policestationunder Naogaondistrict.

The Office-in-Charge(OC) of Mandapolice stationAbdullahel Baki said

that Mr. Anowar and Mr. Dalim, farmer of Chakgopal village, had a longdisputeover10Bighaland. Inthisregarda trial had also beenrunning inthe Court. Sources said, Mr. Anowar had implanted Boro paddy in thecurrentseason. Inthat morningMr.Dalimhiredsomeindigenouslaborersfor reaping the Boro paddy. While they were reaping the harvest, Mr.


Investigation of onsite inquiry team in North Bengal



Anowar brought some Bengali people with rods and sharp weapons toattack them. As a result, a clash occurred between them. In that aforestated clash, three indigenous laborers were killed on the spot. After hearing thenews, policewent tothespot immediately and recovered thedeadbodies.

Mr.Salam, brother ofMr.DalimfiledacaseagainstAnowarandhisgang.Following the incident, police arrested Dalim, who hired the indigenouslaborers and 6 persons of the Bengali attackers. On 1 June2012policealsoarrestedtwoalleged perpetrators namelyAnwar andDelwar.

Bengali miscreants slit two indigenous’ throats in Rajashahi

On 13October 2012, twoinnocent indigenous villagers, namelyMr. RobiDasMardi (30) s/oJonasMardi andFoni Kisku(34) s/oRobi Kisku, wereslit their throatsby localmiscreants(Bengali people)Md.NabinKhan, s/o

Ashraful KhanandMd. JahangirAlam, s/oMoiyodAli at Polashshi villagein Godagari upazila of Rajshahi.

The terrorists attempted to kill Rabidas Mardi by slitting his throat with

their sharp knives. The miscreants also attacked Foni, a neighbor of Robidas, with the sharp weapons when he tried to save Robidas.Consequently, both of them rolled on the ground. The victims wereadmittedto Rajshahi medical college in critical conditions.

In an investigation on the spot, Fani Kisku informed that two Bengaliyouths Nabin Khan and Jahangir Alam of the village were creatingnuisance in the area around 2:00 am, disturbing the sleeping villagers.When Robi asked themtostop thenuisance, they became angryand slithisthroat enteringhishouse.Acasewasfiled againstthemiscreantsandanalleged person has beenarrested bythepolice.

An indigenous Jum farmer shot dead by forest guards in Kaptai

On 19 October 2012 around 12.00 noon an innocent indigenous Jumfarmer wasshot deadbyforest guards ledbybeat officer Md. Jahangir whilevictimwascollectingfirewood fordomestic workfromabroken treeat Shalban Reserve Forest area under Kaptai upazila in Rangamatidistrict. The victim was identifiedas Priya Lal Tanchangya (35), son of Bishak Dhan Tanchangya from Bagmara village of Kaptai union, thenearest villageof Shalbanforest area.Thedeadbodywasfoundwithsignof bullet mark at stomach and left side of the chest.

It was learnt that around 5:15 pma troop of police from Kaptai policestationrecoveredthedeadbodyofPriyaLal. Notably, theReservedForestShalban area was permitted for public access although local forestdepartment controlled it. The local community people have beencultivatingJumin this forest areafor a long time.

On20 October 2012, JibakTanchangya, brother-in-lawof thevictim, filed

a murder case against unidentified 10/12 forest guards in Kaptai policestation. Butpolicedidnot takeanyactionin thisregard. It waslearnt thatforest department staff offered BDT 200,000 to the wife of Priya LalTanchangyato compromise this issue.

It is to benoted that the forest department officials in this areaallegedlycommitted several unlawful killings and disappearances for some time.But they enjoyedimpunityagainst such incidents. Killing of indingenouspeople in these areas by the forest department staff contravenesunhinderedhumanright.

ATTACK, TORTURE AND INTIMIDATION

Government intimidates chairman of Ruma upazila charging

fabricated activities

Governmentorderedchairmanof Rumaupazilain Bandarbandistrict Mr. Aung Thowai Ching Marma tobe present beforean investigation officer of the Chittagong divisionwith evidences on 25 January 2012 at 11.00am at Bandarban circuit house. Mr. Marma was charged with somefabricated activities. Mr. Marma said that the charges against him werenothing but to harass himpolitically.

It is learnt that on 18 January 2012 director of local government of Chittagong division Mr. Shankar Ranjan Saha issued this governmentnotice referring a letter from the Ministry of Local Government, RuralDevelopment andCooperative.

In theallegationagainst Mr. Marma, it is stated, “Mr.AungThowai ChingMarmais electedchairmanofRumaupazila. However, hecontinuesanti-government propaganda. Suchmotivated andmaliciousactivitiesareasfollows:




(a) On 21September 2011, Mr. Tomass Christian, anUS citizen, visitedtoBandarbanto inspect theactivities of anNGOnamedMrochet and hewent toRumaupazilaon24September2011.Atthattimesomebanners,placardswith demandof IndigenousPeoplessandmotivatedinformationwerehangedat various places of Ruma upazila bytheupazila chairman

Aung Thowai Ching Marma. Mr. Tomass Christian made videos of theseplacards.

(b)It is learnt that hespreadsanti-Bengali andprovocativespeechthroughLui PrueMarmaatvarioustribal villages. Hetriesto maketribals agitatedmisinterpreting that “Md” must bewrittenbeforethename of tribals.

(c)Anewarmy garrison at Ruma wassupposedto set upin compliancewith PeaceAccord. Procession, meeting protesting against setting upgarrisonwere organised byupazila chairman andLui Prue Marma.

(d) In 1996 Thanchi upazil chairman was abducted and the then PCPleader(studentwingofPCJSS)andcurrent upazilachairmanwasdirectlyinvolvedwiththisincident.It is alsolearntbyvarioussourcesthat in2009

Sangu Collegewasset onfirein accordance with hisdirection.”

Attack on Indigenous Peoples in Jamalpur

On 10August 2012, a groupof miscreantsattackedonDhanataAdivasiPolli under Sorishabari municipalityin Jamalpur district.It is learnt that agroup of people used to take illegal drug marijuana for a long time justbeside the Adivasi Polli. On that day, indigenous villagers protestedagainst this illegal drug taking and in response to this, at night themiscreantsconductedattackon IndigenousPeopleswith sticksandsharpweaponsat night.The attackleft at least four people injured. The victimsidentifiedwere–SwaponRoy(40), Bokuni Rani (35), Sunil Roy(41), and

Liton Roy(20). Theywereadmittedat upazila healthcomplex.On11August 2012, IndigenousPeoplesstageddemonstrationat UpazilaDakbanglow(rest house) against this attack. Later, they withdrew their demonstrationwiththeassuranceof justicebylocal lawmaker Mr. MuradHasan, MP.

Army raided a Jumma village and ransacked two houses in

Rangamati

On 14 November 2012, a group of army from Kharikkyong camp of

Bondukbhanga union in Rangamati conducted raid in a Jumma villagenamedKandobacharaunderBalukhali unionin Rangamati district.Inthisraid, valuables of twohouseswere ransacked.

It is learnt that on that day at around 1:00 pm, a group of army of 24Bengal from Kharikkyong camp led by Captain Paharat and Subedar Joynal came to the Kandobachara village under Balukhali union andraided the village. The army searched the houses of Balaram Chakma(47)andSonaRatanChakma(48).Theyrummagedthroughvaluablesof thehousesand brokeupthefurniture.

Sources said that Balaram Chakma and Sona Ratan Chakma were notpresent at their home duringthesearch and thereason forthislatenightraidwastheallegationof providingfood to theterrorists.

ARBITRARY ARREST AND DETENTION

Two indigenous villagers arrested by police in TanoreOn 17April 2012, policefromTanorepolicestationledbySub-Inspector (SI)MasudurRahmanarrestedthreeindigenousvillagersfromBoidyapur adivasi village under Tanore upazila in Rajshahi district. The arrestedvillagers wereidentified asManiyel Tudu (19) s/oSunil Tudu, ParameshHembram (22) s/o Supal Hembram and Filimon Mardi s/o late ShivlalMardi.

It is learnt that at least 60 indigenous Santal families had been living atBoidyapurvillageunderTanoreupazila.On9 March2012, OmarFaruques/oNur Mohammadand hisgangsuddenly entered thevillage and tried

to evict indigenous families living on the homestead of late ShivlalHembramaimingto occupysaidland.

The land grabbers attacked 5 villagers including Chhalomi Hasda andNirmalHembramwhileindigenousvillagerstriedtopreventthemiscreantsfromevicting indigenousvillagersfromtheirhomesteads.Chhalomi HasdaandNirmalHembramwereadmittedatTanorehealth complexwithseriousinjury. With regardto this attack, Francis Hembramof Boidyapur villagefiled a case against 17 Bengali land grabbers including Omar FaruquewithTanor policestationon12March2012(case no. 12). But policedidnot arrest any perpetrator in thisregard, asyet.




On the contrary, on 12 March 2012, Omar Faruque lodged a case (no.11, dated14/04/2012)withadditionalmagistratecourt of Rajshahi districtagainst 12 indigenous villagers including Feran Mardi, Maniyel Tudu,ParameshHembramandFilimonMardi falsely allegingthattheywerenotvacatingtheland. Followingthisfalse case, policeraidedthevillageandarrestedthoseindigenousvillagers on17May2012in theevening.

It is reportedthat thearrestedindigenousvillagersgot releasedonbail intheeveningof May18th fromthecourt.

Army arrested an innocent Jumma youth at Suvalong

On 29October 2012at latenight around 2:00 pma groupof Bangladesh ArmyledbyCaptainMasudof local Suvalongarmycamparrestedafool-type youth named Rupamoy Chakma from Suvalong bazaar area of Barkal upazila under Rangamatihill districtbrandinghimasa member of pro-Accord armgroup.

It is learnt thatarrestedRupamoyChakma, sonof Nalini KumarChakma,

village- Digholchari of Suvalong union under Barkal upazila is a veryordinaryyouth, whoisalreadyknownas somewhatfool-typeandapilferer at his own area. So, it is beyond question of his involvement with anyorganisation.

Later, thearmy handedoverRupamoytoBarkal Thana policealongwiththe arms. Thus, based on false and fabricated information, a case wasfiledagainst Rupamoy.

DISCRIMINATION

Bengali lawyers unleash unprecedented hatred against Indigenous

Peoples regarding them as ‘untouchable’ in Joypurhat

In an unprecedented manifestation of hatred, the lawyers of JoypurhatBar Association askedtheir fellowlawyerAdvocate Babul Rabidash andJatiyaAdivasi Parishad(JAP)to replace 26water glassestermingthoseas‘unusable’ due to handlingbysome indigenouspersons.

It waslearntthat on4October 2012the IndigenousPeoplesofJoypurhatconducted a long march from Durgadoho bazaar to Deputy

Commissioner’s officeofJoypurhatdistrict against suppression, rape,landgrabbing, and false charges against them. The Indigenous Peoplesssubmitteda memorandumto theDeputyCommissioner at theend of thelongmarch.

At around 3.30 pm the Indigenous Peoples ate lunch at a hotel of Joypurhatbar council buildingrunbyoneMohammadNurulIslamthrougha lease and paid all bills of their meals. But in the presence of theIndigenous Peoples, one lawyer Mohammad Yunusar Rahman (Yunus)informed the hotel manager that the secretary of Joypurhat Lawyers’

AssociationAbuNasimMohammadShamimul Islam(Shamim) askedhim

to seize the plates and glasses of the hotel in which the IndigenousPeoplesandDalitstooktheir foodanddrink.Theplatesandglassesusedby the Indingeous Peoples needed to be replaced, as they wereuntouchables. Furthermore, according to Yunus, healsoorderedto beatthehotel manager forservingmeals totheIndigenousPeoplesandDalits.

AdvocateBabul Rabidashsaidthat hewasforced tobuy newglasses for thehotel sincetheuntouchablesusedthose, aslaywerscannot beusingthesameplatesandglasses. Hesaid,thiskindoftreatment isconsidereddiscrimination and violation of human rights as per Article 28 of BangladeshConstitution.


Human chain against manifestation of racial hatred by Bengalilawyers at Joypurhat



Seekingjusticetothisdiscrimination,AdvocateBabul Rabidashsubmittedanobjectionto theDeputyCommissioner of Joypurhat district, presidentof Joypyurhat Bar Association, chairman of the National Human RightsCommission(NHRC) andchairman of the BangladeshBar Council. Butexcept for NHRC, the authorities did not take any action. The NHRCissuedashowcausenoticetosecretaryof Joypurhat Lawyers’Association

Abu NasimMohammad Shamimul Islam(Shamim).

It is noteworthy that on 14August 2012, Advocate Babul Rabidash alsosubmittedan objectionto Joypurhat Bar Associationagainst a lawyer of Jorpurhat court namedAdvocateNandaKishoreAgarwal for terminghimaslowcasteanduntouchable. But Jorpurhat BarAssociationdidnottakeanyaction regardingBabul Rabidash’sapplication.

It is also mentionable that historicallytheuntouchableswerenot allowedto touchpeople fromthe four Varnas(castes). Theywerenot allowedtoenter houses of the higher Varnas. They were not allowed to enter thetemples and also not allowedto use thesame wellsusedbytheVarnas.To some extent, such type of discriminatory practice still exits in the

Northernpartsof Bangladesh.

11 indigenous Tripura children rescued from Madrasas in Gazipur

and Dhaka

InJuly 2012eleven indigenousTripura children fromvillagesofThanchi,RumaandLamaupazilain Bandarbandistrict escapedfromMadrasasinGazipur and Dhaka. Of them, 8 children were kept at the Darul HudaIslami Madrasa of Mia Parain Gazipur district,a femalechild waskept in

amadrasainMuhammadpur, Dhakaandtwochildrenwereat DarulHudaIslami Madrasa in Maddha Badda at Gulshan in Dhaka.

Their parents had to pay taka 6-15 thousand to oneAndrewTripura (18)s/oGongfruTripura, BaromoniTripuras/oChondrionTripuraandNorbertTripura from Bandarban district, when the brokers took the children inJanuary to February 2012 in the name of taking themto a missionfor education, although they were taken to various madrasas (Muslimeducation centres) in different partsof thecountry. Takingtheadvantageof poverty and ignorance, they might have sold these children in the

madrasa in which waythey areall benefitedfromtheboth parties.

When thechildren heardthat they would becircumcisedonthenext day,they escaped from the madrasa, in which they wereforced to conduct

Arabic lessons from 8:00–12:00 am, Nurani Shikkha from2:00-5:00 pmand 5 timesprayers regularly in madrasa alongwith many other smaller adivasiChristianchildrenfromKhagrachari andBandarbandistrict.Intheanonymousmadrasastheywere encouragedto sacrifice themselvesfor Islam so that they will be rewarded in Behestha (Heaven) which is onlygrantedbyIslam.. Thesechildrenwerewaitingfor chancesto fleefromthemadrasa where they were also tortured if they refuse to practice theIslamic customs.

The8childrenofDarul HudaMadrasainGazipur pleadedfor helptosavethemfroma mistressof Hindu family next to the madrasaand gavethemobile numbersoftheir parents.Theparentsonlycametoknowabout themiserable and threatening life of their children when they wereinformed.The half ofthe 8 children fled awayfromthemadrasa toDhakaon 4 July2012with anassistance, whileanotherhalf of the8 children ranawayon

13 July 2012 in the same way. The femalechild was traced much later whenanotherfemalechild ranawayfromthesameplaceandinformedthematter to all at her home. Another two children who were kept at DarulHuda Islami Madrasain Dhaka ran away fromthe madrasa early in themorningon20July 2012.

The rescued children are now at St. Joseph Orphanage at Gournadi inBarisal district and startedtheir regular studies alongwith otherchildren.The rescuedwere:

1. Shanti Chondro Tripura (Md. AbdurRahman), s/o Robihan

Tripura from Shefru Para of Ruma upazila in Bandarban, 10Years, ClassIV;

2. Mathew Tripura (Md. Joshim) s/o Kongsholha Tripura fromBoithuni Para of Ruma in Bandarban, 10years, Class IV;

3. JosephTripura(Md. Masud)s/oNokurangTripurafromImajhonof Thanchi in Bandarban, 10years, ClassIV;

4. DominicTripura (Md. HafizUddin) s/oMachondro Tripura fromDurjodhonPara of Lama in Bandarban, 10years, Class IV;

5. Simon Tripura (Md. Abu Hurera) s/o Atijon Tripura from




Emmanuel Para of Tongkapoti in Bandarban, 9 years, ClassIV;

6. Peter (Pitor) Tripura (Md. Bashir) s/o Rumajon Tripura, fromKiomong Headman Para of Thanchi in Bandarban, 8 years,Class II;

7. Reshmai Tripura(Abdullah) s/oChondrionTripurafromShepruPara of Bilaichori in Bandarban, 10years, Class IV;

8. Juel Tripura (Abu Jafar) s/o Anonta Tripura from KiomongHeadmanPara of Thanchi in Bandarban, 10years, Class IV;

9. Shantona Tripura (Halima Begum) d/o Rumajohn Tripura fromKiomong Headman Para of Thanchi in Bandarban, 10 years,Class II;

10. Raymond Tripura (Md. Abdur Rahim) s/o Rajbahadur TripurafromBorothali Para of Ruma in Bandarban, 13years, Class VI;and

11. Shushanto Tripura (Md. Abdul Bashir) s/oAtijonTripura fromEmmanuelParaofTongkapoti inBandarban,12years, ClassVI.

MEDIA REPORTS


Buddhist temple land grabbed

Former AL lawmaker blamed

→ Noman Chowdhury, back from Teknaf

A former lawmaker has allegedly appeared as lawbreaker takingpossession of 10acresof land of a three-hundred-year-old Buddhisttemple of the indigenous Rakhine community at Teknaf in Cox’sBazaar.

People of the community have not been able to hold their religiousfestivals at thetempleover thelast two years, localssaid.

The Daily Sun, 26 January 2012

Cox’s Bazaar district Awami League vice-president and former lawmaker Prof MohammadAli andhis sonRashedMahmudAli alongwiththeir “musclemen” havegrabbedabout 10acresoflandofSouthHnila Buddhist temple, theyalleged.

Prof MohammadAli, however, claimedthat hehad takenout a leaseonthe land of the temple.

Bangladesh Rakhine-Marma Sangha Council Chairman Ven UPandita Mahatherosaid theformer lawmaker “grabbedthetemple”,establishedthreehundredyearsbackbyJamindarRapauChowdhury.

He termed the transfer of religious property illegal and asked thepossessors to return the property of the temple to Rakhine people.He urged the government to recover the land of the historic templefromthehands of theoccupiers.

People of theRakhine community alleged that grabberslaunched aseriesof attacks ontheRakhine people to capture theland.

They alleged the musclemen had carried out attacks at least eight

timesin thelast twoyears. Inthefirst attackonAugust26, 2010, they“physicallyassaultedprincipal ofthetempleVenUpanwaraandlootedvaluables”, said thelocals.

On January 21, a teamof noted citizens from Dhaka ledby PankajBhattacharyawent toTeknaf tovisit thetempleandenquireabout theincidents.

But, as soon as the visitors left the place, the grabbers launchedanotherattack, theysaid. Theattackersdamagedthestructureof thetempleandtookaway20Buddhastatues, saidthecommunitypeople.

During a visit, this correspondent found that most of the temple

belongings, including statuesandfurniture, were missing.Krong Kyang, 82, inhabitant of Chowdurypara, tolddaily sun that heusedtotakepart inprayersatthehistorictemple. “Wehavenot beenable to pray for morethan two years.” He urged the government totake step to freethetemplefromthehands of the“grabbers”.

Nima, 55, of HnilaBazar said noreligious festivals havebeenheld inlast two yearsat thehistoricHnilatemplefortheransacking.

In an oblique reference to MohammadAli and others, she said theyplanted trees onthetempleland.




Blast in Hills

Tragedy thrust upon them

Monday, May 28, 2012

Jainul Bari, deputy commissioner (DC) of Cox’s Bazaar, said sellingorleasingout ofreligiouspropertyis illegal.“Theadministrationwill tryits level best torecover the land of the temple,” the DCsaid.

Selim Mohammad Jahangir, superintendent of police (SP) of Cox’sBazaar, said they would try to uphold the sanctity of the temple byensuringsecuritymeasures. HeadvisedtheRakhinepeopletogofor

legal battle to reclaimthe property.Contactedforcomment,Prof MohammadAli saidhetookoutaleaseonthelandin2001ashedidn’t knowthat takingoutleaseonreligiousland is illegal.

“I am ready to leave the land of the templeif I get back the cost of plantation,” he said. MohammadAli denied the allegation of lootingvaluables fromthetemple andthreatening theRakhines.

While his classmates prepare for upcoming exams, critically injuredJibonChakma lieson a hospital bed tryingto come toterms withthefact that hisrightlegmightbeamputatedfromhiskneeto savehislife.

Jibon,avictimof lastweek'sbombblastinRangamati, wastoundergoa thirdroundof surgery yesterday which waspostponedbecause of severe bleedingin hisleg.

Earlier, physicians at Physicians National Institute of Traumatologyand Orthopaedic Rehabilitation (Nitor) Hospital informed his familythat the spread of infection from his severely damaged leg mightthreaten hislife.

A third year student of Construction Technology at Bangladesh-Swedish Polytechnic Institute(BSPI), Jibonis among 14activists of Pahari ChhatraParishad (PCP)injuredonMay20whenunidentifiedassailants hurled a bomb at a group of PCP activists after theyattendeda council meeting.

Mongsa Ching Marma, 20, later succumbed to his injuries at

Chittagong Medical College Hospital last Tuesday. Critically injuredJibon, BabuDhanChakmaandKamonasishChakmawere shiftedtoPangu Hospital from Chittagong Medical College and Hospital(CMCH) last Monday.

Jibon'sbrotherRobindraChakmatoldTheDaily Star onSaturdaythatthedoctorshadtalkedtothefamily about hisbrother'shealthsituation.“Life is more valuablethana leg,” Robindra quotedJibonassayingwhen hewastoldof theprobableamputation.

Prof Dr KHAbdul Awal Rizvi, director of Nitor - popularly known asPangu Hospital - told The Daily Star on Saturday that Jibon hadalreadyundergone two surgeries. “We are tryingto savehislegbutwemayhavetodecidetoamputateit fromhiskneeduringthesurgerydependingonthesituation that arises.”

“It wasourdreamthat Jibonwouldbecomeanengineer.This incidenthas not only changed hislife but all our family'saspirations too,” saidRobindra, whoseparentsarefarmers.

The conditionsof BabuDhanChakma andKamonasishChakma arestable now but theyhaveto goundergo further treatment for a longperiod, family memberssaid.




Kamonasish, a classmate of Jibon, lost four toes of his left leg andhadinjuriescausedtohishandsandlegs. “Weareconcernedwhether hewill beable to sit for the comingexaminationsto beheld within amonthandahalf,”hisbrotherDebaPriyoChakmasaid. “Theincidenthas left himwith severe trauma.” Kamonashish was grief strickenwhenhespoketo this correspondent.

“I did not want to harmany one. I just wantedto work to uphold thehumanrightsofmycommunityandthat is whyI joinedthat event,” hesaid. “I want a proper investigation and exemplary punishment of thoseresponsible,” the21-yearoldsaid.

Babu Dhan Chakma, general secretary of PCP of BSPI unit, alsodemanded exemplary punishment of those responsible for theheinousattackandproper implementationof theChittagongHill Tracts(CHT) peace accord.

Metropolitan

Case panics Naogaon Adivasi clash victims

Bulbul Ahmed, Naogaon and Anwar Ali, Rajshahi

Having lost their bread-earners in the May 4 clash, families of four Adivasi labourersinNaogaonarepassingtheir lifeinpanic, as police

recorded a case filed by the alleged killers against a number of unnamedAdivasi men.

Thefamilies expressed their fears onFriday when a group of socialactivists, includinglawyers, journalists, anddevelopmentactivists ledby columnist SyedAbul Maksud fromDhaka, visited themat PungiNibodavillagein Niamatpur.

Kristina Hembrom, wife of Ilias Mardi, one of the four murdered,alleged that police recorded a case of the killers, accusing 10-12unnamedAdivasi people to countertheir murder case.

Saturday, May12, 2012

“We are worried and fearingarrest any time for the case”, she said,in tears. Kristina said she wasalso anxiousabout her future with her twosons.

Ilias Mardi, Madan Hembrom, MoharamMarangandKoki Tuduwerekilledin a clashbetween the supporters of two rivallingland ownersatChalkGopal villagein Mandaupazila,wheretheywent toworkafter

beinghired byAbdulAlim, one of theowners. AbdulAlimhasbeenin feudwithoneAnwar Hossainover eight bighasof land.

KristinasaidAlimhiredfiveAdivasi labourersfor harvestingpaddyfor a rateofTk 2,500 per bighaa day beforethe clash. “Alim's offer waslucrative as labourers usually work at Tk 200 per day. Alim said hewashaving a shortageof labourers”.

The widows said they werenot awarethat their husbandshad beenhired.

“I felt likea bolt out ofthebluewhenI heardof themurder", saidMainaHembrom, wifeof Madan Hembrom. "And nowpolicearealsoactingagainst us”.

TheonlysurvivingAdivasi manintheincident, Chandi Kisku, wasnowfleeinghome followingthecase, they said.

Syed Abul Maksud told the families that they would pressure thegovernment for ensuringjustice.

Noted jurist Barrister Rafiq-ul Huq, who was also in the team of visitors, said recordinga caseagainst fellow menof thevictims waslikemurdering thevictims oncemore.

Asked why police took the case against the Adivasi men,Superintendent of Police (SP) of NaogaonYMBelalur Rahmansaidit wasbecauseAnwarHossainclaimedthatAbdulAlimforciblywantedtoharvest crops of the land, of which hewas the actual owner.

He said hewould ask police not toharassor arrest theAdivasi men.

The visitors' team also included journalist Saleem Samad,BangladeshAdivasi Forumorganising secretary Saktipada Tripura,Dhaka University teacher Robaet Ferdous, and KapaeengFoundation's Dipayan Khisa.




III.

LAND RIGHTS AND

LAND DISPOSSESSION



III. LAND RIGHTS AND LAND DISPOSSESSION

IndigenousPeoples of Bangladesh in theplains and theChittagongHillTracts(CHT) continuetobedispossessedoftheir landsbyBengali settlersand migrants. An increasing influx of other actors such as privatecorporationsandindividual power-holderswhograbplots andplantationsof Indigenous Peoples also has been noted lately. Many indigenousfamilies have been displaced from their traditional lands as a result of large-scale development projects such as the establishment of

military/para-military camps, training centres, tourist eco/national parksandafforestation. Theseactsof landalienationoftenhappenboththroughdirect government support, tacit support and patronage and other actsand omissions of civil and militarypersonnel. The aforesaidacts of landalienationarecontrary to theapplicable national and regional land laws,and the ILO Convention No. 107 - which provides safeguards for IndigenousPeoples’ individual and collectiveland rights. It is to benotedthatBangladeshratifiedILOConventionNo. 107in1972andConventiononBiological Diversity(CBD) in 1994.

The East Bengal StateAcquisitionand TenancyAct, 1950regulatesand

forbids transfer of lands owned by aboriginals to non-aboriginals in theplainswithout theconsent of the government’sdistrict officer. Althoughthis act is practicedin some partsof greater Mymensigh district, it is lessinstitutionalized in Dinajpur district and is virtually absent in Rajshahidistrict. Non-implementation of thisAct is leadingto illegal encroachmentbythe mainstreampopulationandalsobythegovernment in thenameof development.Inthenorth-west of Bangladesh, mostIndigenousPeopleslosttheir traditional landsastheadministrationlistedthemas‘Khas’ (state-owned)land.TheGovernment planstoextract coal in Fulbari of Dinajpur district, where indigenous Santal and Oraon people in more than 76

villageslivein fear of eviction. Execution of the project will also degradethe environment of the area. In Moulvibazar district, more than 1,000indigenous Khasi families faced eviction fromtheir ancestral land by agovernment eco-parkproject initiatedin 2001. Asimilar project takenupin Garo populated areas threatens to evict 20,000 Garos in Madhupur forest.

Indigenous Peoples often face false and harassful criminal cases for allegedly violating the forest laws,6 where they are denied of their traditional rightsof cultivation, hunting, gatheringand soforth. Casesarefiledagainst IndigenousPeoplesasthey raisedtheir voiceagainst socialafforestation, eco-park, rubber planting and land acquisition bygovernment.

The major threat to Indigenous Peoples’ homesteads and farmlands is‘land-grabbing’ bymainstreampopulation, corporations andgovernmentagencies. In Bangladesh, the customary land rights of the IndigenousPeoplesarefrequentlyviolated.Inthenameofconservationofforest,therights of the Indigenous Peoples to extract resources from forest, in

accordancewithcustomarylaw, arerestrictedandlimited.Jummapeoplesare also being restricted to continue Jum cultivation. So-called‘development’ schemes have also occupied the indigenous resourcebasesanddisplaced theindigenous populationasa consequence.

At A Glance: land-related incidents and casualties of Indigenous

Peoples in 2012

In 2012, a total 30families including2 from CHT were attackedand 26persons, 10personsfromCHTand16personsfromplain, were assultedand injured with the intention to occupy land belonging to Indigenous

Peoples. At least 725 families, 540 families fromCHT and 185 familiesfrom plain have faced threat to eviction in connection to land grabbing.Besides, 14houseswere burned to ahses in theplains. IndigenousMrovillagersnumbering13 familieslefttheir villageduetograbbingtheir landbytheoutsidersin Bandarbandistrict. Morethan11business companiesincludingDestinyGroupoccupiedthousandsacresof landsrecordedandownedbyindigenous Jumma andpermanent Bengali residentsin CHT.


6Background Study ontheChittagong Hill Tracts Land Situation, byRaja Devasish Roy,CARE-Bangladesh, 2004.



In 2012, a least 8 cases werefiledbythevictimised indigenousvillagersagainst land grabbers, but noactionwastakenbyadminsitration. On theother, land grabbers also lodged false and fabricated case againstindigenous villagersto harasstheindigenous peoples.

Comparred to 2011, the number of incidents of arson attacks, looting,assults and killinghas significantly decreasedin 2012in CHT. However,thenumber ofincidentsrelatedtouprootingfamiliesandthreatstoeviction

in CHT has increaseddramatically in 2012. In the plains, the number of incidentsof arsonattacks, looting, assults,killingandthreatstouprootinghassignificantlyincreasedin 2012.

Table 4: Land-related incidents and casualties of


Table 5: Land-related incidents and casualties of


Human Rights Report2012 onIndigenous Peoplesin Bangladesh 73 74 Human Rights Report 2012 on Indigenous Peoples in Bangladesh

Year 2011

Year 2012

1 1 1

6

1 4 6

2 0 2 0 0 2 10 0 13

0

100200

300

400

500600

Year 2011

Year 2012

540

0 0

Housesburnt

to ashes

Houseslooted &

ransacked

Familiesattacked

Personsassaulted &

injured

Personskilled

Uprootedfamilies

Familiesthreatened

touprooted

Figure- 3.1: Land related incidents in CHT: 2012 vs. 2011

0 6

1 9 1 1 0 0 14 029

16 1 0

185

0

50

100

150

200

Housesburnt to

ashes

Familiesattacked

PersonsKilled

Familiesthreatened

to Uprooted

Houseslooted &

ransacked

Personsassaulted &

injured

Uprootedfamilies

Figure-3.2: Land related incidents in plains: 2012 vs.201 1



Table- 6: Attack on Indigenous Peoples in Plain Lands

2009-2010

Land Commission for plain land Indigenous Peoples

The mainproblemof the Indigenous Peoplesin the plain lands is land-centered, which is why they need a separate Land Commission. Thegovernment is yet to forma LandCommission for plain land IndigenousPeoples despite its assurance in their election manifesto that “Specialmeasureswill betakento secure their original ownership onland, water

bodies, and their age-old rights on forest areas. In addition, a landcommissionwill beformed.”

The IndigenousPeoplesin plain land havebeenurgingthegovernmenttoformaseparatelandcommissionforIndigenousPeoplesofplainland.The other demands related to land include freeing their lands fromencroachers and halting drive to evict themfromtheir ancestral land inthe name of afforestation. Indigenous Peoples also reported thatencroachers grabbed temple, graveyard and arable lands belongingtotheIndigenous Peoples.

Vested Property (Return) Act 2011

On 29November2011theParliament haspasseda landmarkbill namedthe Vested Property(Return) 2011Act that will enable the return of landpropertyseizedfromthecountry‘s HinduminorityandIndigenousPeoplesthat have been expropriated over the last four decades. However, theprocess of returning the property to the rightful owner is yet to start.Minorityleaderssaid that thereweresome goodprovisionsbut it wasnotenough to address minority’s demand to return all seized properties totheir rightful owners. Most of theindigenouspeople havenot applied for

returning their vested property due to fail collection of necessarydocuments fromland office and local union council office and financialconstraints. Many indigenous villagers are not aware how to collect thedocumentsandhowto apply.

The rightsgroups demanded extending deadline to 150 days from theexisting90daystogoto thetribunal regardinganycomplaintsthegazetteonvested property list is published. It wasallegedthat the gazetteof the

vested property list was supposedto beavailable at upazila-level by10May2012but in reality, people didnot get it.

Ashroyon Project in CHT

The Government of Bangladesh, in particular, thePrime Minister’sofficeis implementing a rehabilitation programme acrossthe country for thelandlesspeople namedAshroyonProject (ShelterProject). However, theCHT Regional Council (CHTRC) putted objection on it focusing existingland relatedproblemin theCHT while Bandarban district administrationtook initiative to prepare the list of beneficiaries of this project. In this

connection, the CHTRC issued an office order to the DeputyCommissioners of three hill districts to stop activities of theAshroyonProject until the land related disputes in CHT are resolved as per CHT

Accord. Further, the CHTRC believes if this project is initiated, a freshtension regardingland issuein CHTmayarise.

The office order also illustrated that according to the CHT Accord, therepatriatedJummarefugeesandinternallydisplacedpersons(IDP) shouldhaverehabilitated and land disputesin theCHT areresolved. For thesepurposes, the government institutionalized the CHT Land DisputeResolution Commission and Task Force on Rehabilitation of Returnee

Jumma Refugees andIDPs. Therefore, if the rehabilitation of AshroyonProject beginswithoutaddressingexisting landproblems, it will generatefreshland relatedproblemin CHT.

However, it is reported that district administration is conducting projectrelated activities ignoringthe CHTRC’s order. Local sources confirmedthat district administrationorderedHeadmentopreparethelist oflandlesspeople. Nonetheless, Headmen are facing problem listing the landlessfamilies due to absence of particular instruction fromadministration for identifyingthelandlesshouseholds.




Rights to Food of Indigenous Peoples

The protection of Indigenous Peoples’ land and their resources isfundamentally important for therealizationof IndigenousPeoples’righttofood. There is inadequate implementation of the National Food Policy2006where thefood securityof IndigenousPeopleswas not addressed.IndigenousPeoples of Bangladesh make up a significant percentage of the food insecure, often facing chronic hunger and malnutrition. For

instance, asseveralstudiesconfirm,thepotential destructionof extensivefarmland and other natural resources, coveringaround 15,000 acres, bythePhulbari coalmineprojectis aseriousconcernandtheaffectedpeopleare currently foodinsecure and live belowthe nutritionpoverty line. It isestimated that 50,000 indigenous persons, belonging to 23 distinctindigenouscommunities would be evicted or impoverishedby themine.LandtobeacquiredforthePhulbariCoal Mineincludesentirevillages of indigenous households belonging to the Santal, Munda, Mahali, andOraon peoples.

In theChittagong Hill Tracts region, thelandsusedfor traditional shifting

cultivation were leased out to Bengali outsiders in 1980s and 1990s for rubber plantation and other commercial purposes. This generated foodinsecurity among Jumma people and made an adverse impact onlivelihoodof indigenousvillagers, fromwhichthey arestill to recover.

LAND RELATED INCIDENTS IN THE PLAIN LAND

Attempt to grab ancestral graveyard land of the Punjees in

Moulabibaczaar

On 16January 2012a notice wassent to the Maghatila Punjees bytheunion land administration of Kormadha union under Kulaura upazila inMoulabibazaar district ordering themto show their paperwork on their ownership of their lands by 22/01/2012. This order was issued by theadministration following an appeal by a Muslim Bengali person to theDistrict Commissioner (DC) regarding alleged unlawful residence of theMaghatila Punjees in the grave area in Kormodha union hill area inKulauraupazila.

Uponreceiving thisnotice, MonikaKhongla and Flora BablyTalangmetwith Kormadha Union Parishad chairman Abdus Saheed Babul. Headvised them to meet with the District Commissioner and explain thesituation. It is to be noted that Maghatila Punjee has decreed upon 75acresof thelandand30acreshavealreadybeenrecordedfor permanentsettlement on which the villagers have been paying tax (khajna). ThePunjeesministerand indigenousleaders areawareabout thesituation.

Attempt to occupy graveyard belonging to Santal community in

Dinajpur, 20 families in fear of eviction

InJanuary2012,around20familiesofindigenousSantal communitywereforced to leave their homes under Binail union of Birampur upazila inDinajpur district due to the attacks and threats bythe UP Chairmanandother influential people. Indigenous villagers took shelter at differentmissions in Birampur and Phulbari upazila. The villagers alleged thatDashir Uddin and his sons RashidAli and Idris Ali tried to occupy thegraveyard belonging to the indigenous Santal community using false

paper.On23December2012 whenDashir Uddinstarted diggingthegraveyardlandin theafternoon,theindigenousvillagershaltedhim. Later, around5pmthechairmanof Binail unionMr. Hamidur Rahman, alongwith some30-35menattackedtheindigenousvillagerswith sticksand spears. Theattackersleft theplaceuponthearrivalofBGBpersonnelfromthenearbyRanninagar camp. The next morning the UP Chairman sent hismusclemen to catch the indigenous villagers. The indigenous men hadgone in hiding in different areas of Birampur since. It is learnt that theindigenousvillagers went to the policestationto filea complaint, but the

police didnot accept it.7

Indigenous villagers attacked and their houses burnt down in

Dinajpur

InJanuary2012sixindigenousSantal womenwereharassedandbeatenover land conflict in Gopalpur village in Dinajpur district by an AzizulRahman and his gang. Their homes were also looted and burnt down.Thevictimswereintimidatedto lodgea complaintatthepolicestationdueto threatsfromtheir attackers, Azizul Rahmanand hisgang.




Mr. UpenHembramfrom PurbaMohanpur villagesaid, landgrabberMr. Azizul Rahman fromChak Gopalpur village filed a false case against 22indigenous men and women at the court on 14 December 2012 in anattempt to occupy their lands. Asthe indigenous men and women weregoingforthehearingof thecasetheywereblockedandattackedbyAzizulRahman’smen. SomHembram’s wifeFulmoni Murmu, SomTudu’s wifeBosoni Soren, Munshi Murmur’s wife Lakhsmi Soren, Mandal Murmu’s

wife Meri Hembram, Budhu Hembram’s wife Malati Murmu and ArjunMurmu’swifeArati Baske were severelyinjuredin thisattack.

Villagers did not have the courage to stop the violent attackers. After beating the indigenous men and women, the attackers set fire on their housesandlootedtheirfurniture, harvest,moneyandgold jewelry. It wasreported that the injured were feeling extremely insecure even at theDinajpurMedicalCollegeHospotail astheywerefacingcontinuousthreatsfromAzizul Rahmanandhis men.

An indigenous woman beaten up over land conflict in Godagari

On 16 January 2012 around noon Meri Soren w/o Ganesh Mardi wasbeaten by 5/6 people led byAbdus Sattar at Hilal village of Mohanpur unionunder Godagari upazila in Rajshahi districtwhileshe went towashclothes in a publicpond.

It waslearnt that alandconflicthadbeengoingonbetweenGaneshMardiof Kaktiya village and Abdus Sattar of Hilal village in Mohanpur unionunder Godagari upazila. On 16 January 2012 around noon GaneshMardi’swife MeriSorenwent towash clothes in a publicpondwhereshehadaquarrelwithanotherwomannamedSayera.Atonepoint 5/6peopleincludingSayera’srelatives andAbdus Sattar’sson startedbeating Meri

Sorenwith sticks. She wasseverelyinjuredand wasadmittedto a localhospital. Meri Soren’s husband Ganesh Mardi filed a case against 4people includingRakib, Babuand Sayera. Contraryly, Abdus Sattarfileda counter-case against Ganesh Mardi. The non-indigenous communitywasfuriousbythisincident.

Land grabbers attack indigenous villagers with intention to occupy

land in Godagari

On 13 February2012 and 26February2012land grabber Kamal Rabbiand hisgangattackedthehouse of Rameshwar Baske at SagunaJibanPara of Pakri unionunder Godagari upazila in Rajshahi district.The wallof the house was destroyed in theattack. Again, on 28 February 2012Kamal Rabbi and his gang set fire on Jamin Hasda’s house of same

village.

On1 March 2012 Rameshwar Baske lodged a case (no. 1/53) againstKamal Rabbi with Godagari model police station. On the same day,indigenous villagers organised a human chain and submittedmemorandum to Upazila Executive Officer of Godagari upazila (sub-district) demanding to arrest Kamal Rabbi and his gang and bring themunder justice. But the policedidnot takeany action against the culprits,rather theperpetrators moved aroundopenly threatening theindigenousvillagersto death.

Tripura village threatened to be evicted in Shitakunda

InFebruary2012, a total of 110familiesof indigenousTripuracommunitywerethreatenedtobeevictedfromtheir ancestral landatChotokumiraof Shitakunda upazila in Chittagong district. One Johir Mian of Shitakundaupazila was accused of threatening Tripura community of eviction andtormentingvillagersin various ways.8

Sources informed that Tripura Palli is situated 1.5 kilometers from

ChotokumiraofShitakundaupazilaandit hadexistedfor averylongtime.

About 110 Tripurafamilies lived inthisvillage. Everyyear 8,000 taka tax

is illegallycollectedfromthisvillage. ThosewhocultivateJum haveto paya minimumtax of 20,000 taka. Colonel Salahuddin, son of Johir Mian

collectsthesetaxes.If thetaxpayment isdelayed, thevillagersarelocked

upin a darkroomand tortured aspunishment. They are only released if

anadditional interest ispaid.Thevillagersareoftenforcedtoprovidefree

labour bytheemployeesoftheAgriculturalFarm, afarmownedbyColonel

Salahuddin.


7 Thedaily ProthomAlo,2 January2012 8 Thedaily Daily Destiny, 17February2012



After much protesting, currently the labourersare paid170 taka per day.15hectareof landwasgiventotheTripuracommunitybythegovernmentin the past, which Johir Mian and Colonel Salahuddin has forcelyoccupied. TheTripura villagers are forcedto pay a tax of 10takaif theycollect firewoodfromtheforest. The villagershavetopaytaxif theyenter thegatetotheforest.The villagersarealsoforbiddentofarmpoultryandforced to pay 30,000-40,000taka if thehill catchesonfire.

TheTripuravillagersclaimedthat theyhadbeenlivinginTripuravillagefor generationsandif evicted, theyhavenoplacetogo. Theemployeesof theChittagong Dairy and Agricultural Farm had hampered their regular lifestyle, includingthepracticeof social andreligiousevents.TheUpazilaNirbahi Officer (UNO) of Sitakunda upazila Alamgir Hossain, Chairmanand secretaryof UnionAwami Leagueand thedirector of theChittagong

Agriculture visited the site in person based on the complaints. But noactionwastakenaccordinglysofar.

Arson attack and physical assault on a Rakhaine family by Bengali

land grabbers in Cox’s Bazar

On5March2012at around2.00ama groupof Bengali landgrabbersledbyShafiulAlam(35),MahabubAlam(32)andAbuTaleb(28)(s/olateNur

Ahammad) of GorokghataBazaar areaof Moheskhalimunicipalityset fireto the house of an indigenous Rakhaine family of Thakurtola RakhainePara of Choto Moheskhali under Moheskhali upazila in Cox’s Bazar district. Earlieron23 February2012theaforesaidlandgrabbersandtheir gangphysically assaultedtheRakhainefamilyandvandalizedtheir home.

It was learnt that Mr. Bushe Mong Rakhaine and his wife Ms. InjuRakhainealongwith theirchildrenhadbeenlivingatThakurtolaRakhaine

village of the Choto Moheskhali of Moheskhali upazila of Cox’s Bazar district forgenerations. ThethreebrothersnamelyShafiulAlam, Mahabub

Alam and Abu Taleb forcefully occupied a khas land to produce prawnand salt next to thehomestead of thisRakhainefamily. The perpetratorsintendedto occupytheland of other Rakhainefamiliesof theadjacent totheRakhainevillage.

The perpetrators and their gang reportedly disturbed and teased thefemalemembersof thefamily of BusheMong Rakhaineandotherswhenthey passed through the nearby road of their home. The Rakhaine

villagersprotestedagainst thedistasteful actsof theperpetrators severaltimeswhentheynoticedthematter. Consequently, theattackersbecamerevengeful to them.

In accordance with thedispute, on23February2012at around 5.30 pmthe perpetrators along with their 3/4 laborers attacked on thehouse of Rakhaine family with sharp weapons and started to destroy the house.The attackers physically assaulted and drove away Ms. Injo Rakhainefromher homebyfrightening, thumpingand kickingher whenshetriedtoprevent them. After that, the perpetrators ruined the belongings of their house and broke the boundary of the house made of CIT sheet. Theperpetratorsthreatened that they wouldagain come to attackand kill all

thefamilymembers,toset their houseonfire, todriveawaythemfromthearea or file false chargesagainst thefamily.

At that time, Bushe Mong Rakhaine was not present in the house. After hearingthenewsoftheattackonhisfamily,BusheMongRakhainerapidlycame back to his home and immediately filed a case against theperpetrators. However, the police arrested no one and the perpetratorsbecame morevengeful to theindigenous family.

On 5 March2012at around2.00pmtheperpetrators came to attackontheRakhainefamily andset fireontheir houseasBusheMongRakhaine


Victims of communal attack, Bushe Mong Rakhaine and Injo Rakhaine at Maheshkhali



went tocatchfishinthesea.Hisfamilyranout ofthehousebut theywereunabletoput out thefire.Theirhousewascompletelyburnttoashesalongwith all thevaluables.

VictimsallegedthattheperpetratorsattackedontheindigenousRakhainefamily in order to evict the family fromtheir ancestral homesteadand tooccupy their land. They would have killed Bushe Mong Rakhaine if hewerepresent athomeatthetimeof theattack. Followingthearsonattack,InjoRakhainefileda caseagainst theperpetratorsat Moheskhali policestation (the case no.-03, Date: 05-03-2012). But the police arrested noone.

Thefamily hasbeenleadinganinhumanelifefollowingtheattacksby theBengali land grabbers. In the first attack on 23 February 2012, thevaluables worth35,000 taka weredamaged, which weredestroyed andlootedby theperpetrators.Inthesecondattackon05 February2012,thevaluables worthat least 100,000taka wereburnt to ashes. Theystartedto build a new house in cooperation with the financial support of their neighboursbut stiil livingin fear and insecurity.

Land grabbers attack indigenous villagers to occupy their lands in

Tanore

On 9 March 2012 land grabbers attacked indigenous villagers atBoddyapur in Tanore upazila and Chokpara of Gagorondo upazila inRajshahi district with the intention to occupytheir lands. In this attack, 5indigenousvillagerswereinjured. The injuredpersons wereadmittedatTanore Medical Center. Ms. Salami Hajda (28) wife of Francis Hemromandhisyounger brotherNirmol Hemrom(20)wereseverelyinjuredinthisincident. Fracis Hemromfiled a written complaint against 50 personsincluding 14knownpersons.

It wasreportedthatFracisHemrom’sfamily hadbeenlivingin Boddyapur village of Badhair union in Tanore upazila for generations. On that day,influential Nur Muhammad and his hired gang attacked the indigenousvillagerswithknives,spears,andaxes.FrancisHemromwasnotpresentathomeat thetime. Theattackersvandalizedtheindigenoushousesandtriedto force thefamily members out of thehouse includingthewomen.When Moniel Tudu (18), Romesh Hemrom(21)and Moslem(28) triedtostop them they wereassaulted too. Fracis Hemromsaid that they have

been livingin our ancestral home for generations. Nur Muhammad hadbeen threatening themto leave their home. Indigenous villagers weresupposedtomeet withNur Muhammadtodiscussthematter on9 March2012. However, bypassing this, Nur Muhammad andhis gang attackedindigenousvillagersand beat uptheir families. FracisHemromlodgedacomplaint at thepolicestation. However, policedidnot take any action.9

Land grabbers attempt to occupy land belonging to indigenous

villager in Godagari

On 16March 2012a land grabbernamedRoisUddin and hisson RabiulIslamof DumuriyavillageunderGodagari upazilain Rajshahi districttriedtooccupy13 bighasofhomesteadofJaduRoyBhuiyanofShiyalavillageof Matikata union under Godagari upazila with the help of police. Thepolicepersonnel wereledbySI Mahbubur RahmanfromPremtali policeoutpost under Godagari policestation.

Md. Rabiul appeared there with a tractorto cultivate theland ontheday.SI Mahbubur Rahman ordered Jadu Roy Bhuiyan to leave the land

arguingthat the land wasgiven assettlement toRoisUddinandhissonRabiul Islam. Learning this, indigenous villagers including indigenouswomen became agitatedand ran after SI Mahbubur Rahman and Md.Rabiual. Though indigenous villagers prevented land grabbers fromoccupying the land, Jadu Roy Bhuiyan is passing days in insecurity astheland grabbersthreatened himto death. Jadu Roy Bhuiyan lodged acasewithlocalcourtagainstthelandgrabbers, but thecourt isyet topassany order in thisregard.

Land grabbers burn a house of indigenous Koch to occupy his

homestead in Madhupur

On 23March2012land grabbers burnt down a kitchenbelonging to anindigenousKochfamily with theintention to occupyland attachedto theBhutia ChowrastaBazaar ofArankholaunionunder Madhupur upazila inMymensinghdistrict.

It isreportedthatsome50-60menledbyMd.AkberAli, Md.Gani Mia,Md. AkserAli andMd.Abul Hossainconductedthisattack. Duetothegrowing


9 Thedaily Kaler Kantho, 11 March2012



market, the price of the land significantly increased in Bhtia ChowrastaBazaar. Afteraninvestigation, it wasfoundthat theland grabberstried tooccupy the said land by fabricating documents and forcefully built aconstructiononit.

It isalsomentionablethat themiscreantgroupcamefromadifferent areain the past, grabbed lands of the indigenous Koch community throughfraud, startedlivingthere and carriedout various misdeeds in this area

since. For instance, they illegally smuggled rubber and wood fromMandhupur forest. The miscreants kept tormenting the minorities usingillegalmoneyandusingthe nameofrulingpolitical party. Theculpritsfiled19 false cases against the indigenous villagers with the intention of grabbingtheir lands.ThelivesoftheindigenousKochcommunitybecameintolerabledue to theseincidents.

Attack on Santal villagers by Bengali land grabbers in Tanore, 5

houses burnt to ashes

On 23April 2012at around2.00am, 5 housesof Indigenous Peoples of

Shikpur village of Tanoreupazila under Rajshahi district wereset onfirebytheBengali landgrabberswhentheindigenousvillagersweresleepingin their homes. Consequently, 4 houses wereburnt fully and one housewaspartiallyburnt to ashes. Concerning theincident, Mr. Chutar Murmufileda caseagainst 3 personswith Tanorepolicestation.

It is learnt that 35 indigenous Santal families had been living on the 23Bighaland in Shikpur village, which wererecordedin their names since1922. AgroupofBengali landgrabbersledbyMd.KorbanAli(45) s/olateSoimuddin, Md. Anarul (35) s/oKhairul Islamand Md. Mofijul Islam(40)s/oKabil Chowkidar ofShikpur villageofTanoreupazila ofRajshahidistrictwere trying to evict theSantal familiesfromtheir land.

The landgrabbersthreatened indigenous villagers severaltimesto leavetheland. Otherwisetheythreatenedtoburndowntheir housesandabductthewomenfromtheir homes. On 22April 2012, theindigenousvillagersfell asleep asusual by10.00pmafterhaving their dinner.Ataround 2.00amtheyrealizedthat their houseshadbeenset onfirebytheperpetrators.

At that time when LubinBaski came out of hishouse along with hiswifeandchildren, hesawtheperpetratorsstandingabout 100yardawaywithRamda (a kind of metal sharpweapon), flambeau and rod. Hearing thescreaming of Lubin Baski, Rupen Baski focused the torchlight on theperpetrators and moved forward. At that time one of the perpetrators,KorbanAli, pointing at theRamda, threatened tokill indigenousvillagers,if they (indigenousvillagers)come forwardone step further.

AsHorenTudus/oLikuTudukept shoutingthroughfocusingthetorchlightonthem, oneoftheperpetratorsMofijul threatenedtoburnall thehousesif indigenousvillagerskept shouting.Atthesametime, theycameforwardwithrodsto attackonthe villagers.

At one stage, the land grabbers fled away from the place when other villagerswerecomingforwardto thespot. Theywereunabletoput out thefireduetoabsenceofanysourceofwater nearbythevillage.Fourhousesbelonging to indigenous families including Chutar Murmu, Lubin Baski,

JosefTuduandRabonMurmuwerecompletelyburnttoashes.Thehouseof Noren Baski was partially burnt down. The estimated damage of thearsonattackwas400,000taka.Acasewasfiledagainst theperpetratorsafter thearsonattackonIndigenousPeoples, but thepolice arrestednoone.

Land grabbers hack to death an indigenous Santal villager in

Noagaon

10August 2012 a group of land grabbers led by Md. Joynal hacked to


A victim of arson attack by Bengali land grabbers at Tanore



death anindigenous Santal villagernamedJambuChonreat Boidyabativillageof Ishobpur unionunder Dhamrai upazila in Noagaondistrict.

It is reported that on that day indigenous villagers opposed the landgrabberMd. Joynalandhis henchmenwhile theywenttooccupythe landof Rabi Hasdaand hisfather Pagla Hasda. At that time, Md. Joynal andhis henchmen attacked on indigenous villagers with stick and sharpweapon. During this attack, the land grabbers chopped Jambu Chonreindiscriminately with sharp weapon. The landgrabbers also kidnappedhimwithserious condition. Later, policerecovered himfromthe house of Md. Joynal and admitted himat Dhamrai upazila health complex. ThedoctorhurriedlyreferredtoBaguraShaheedZia MedicalCollegeHospitalwhere thedoctor declaredhimdeath.

It is learntthat thelandgrabberMd.Joynalandhisganghavebeentryingtooccupy12bighasoflandbelongingtoRabi Hasdaandhisfather PaglaHasda since 1975. At a stage, Rabi Hasda filed a case with NoagaondistrictcourtwhileMd.Joynalforcefully occupiedthesaidland.Followingthis case, the court issued an order of status quo. Violating this statusquo, Md. Joynal and hishenchmenwent toplant paddy onthisland. Thelandgrabbersjumpedover indigenousvillagerswhile theyopposedthem.Rabi Hasda filed a murder case with Dhamrai police station (case no.

10/2012) on 10August 2012. Police arrested two alleged persons, butmainculprit Md. Joynal is yet to bearrested. JumbuChonreleft wife andthreeminor sons.

UP chairman orders 75 Santal families to leave their village in Biral

to grab their land

On 7 September 2012, theChairmanof Dhamair unionof Biral upazila inDinajpur district beatuptwoindigenousvillagersfromPipalla Kanchanpallivillage, cluster village of Biral upazila. At the same time he ordered 75Santal families residing in 7.03 acres of land to leave the village. Thevillagers complained that the chairman also asked other villages not tosell goods to theindigenousvillagers or let themsit at restaurants.10

TheindigenousvillagerscomplainedthattheDhamair UPChairman, Md.MoslemUddin draggedReshomBhunjar (27) to hisoffice in Jhukurjharibazaar and beat himup. When ReshomBhunjar’s uncle Nukul Bhujar (55) came to rescue him, the chairman and his gang beat himup too.

Reshom and his uncle Nukul were admitted to Biral upazila healthcomplex.

TheinjuredNukul Bhunjarfileda generaldiarywithBiral policestation. SIBelal Hossain was assigned to investigate the case. The president of GucchagramAdivasi Samity Harimahan Bhunjar reported that the UPChairman, Md. Moslem Uddin and his men trampled the indigenouswomenwith their motorbikesasthey wereprotestingtheincident.

Theindigenousvillagerswereorderedto leavethevillagein 24hoursandwere forbidden to go to the bazaar. They were also forbidden to sit atrestaurants.AsSomBhunjarwenttohavebreakfastatahotel atBajnahar RailStatationhe wasbeatenup andkickedout bythenephewsoftheUPChairman, namely Rony andAkhter. The owner of the hotel Mr. AmzadHossain attested to theincident.

Housewife BannibalaBhunjari saidthattheGucchagramwasestablishedduringErshadregime with a publicpondof 2.72 acresand 4.30 acresof land registeredunder thename of Buri Thakurani Devi of MatiaMaldar.Sincethen, 75indigenousfamilieshavebeenliving in thisarea.


10 TheDaily Star, 11 September2012 and Thedaily ProthomAlo,10September2012

Family members of Jambu Chonre in Noagaon district.



Aland conflict has been going on between the Chairman and indigenousvillagers forthelast 27yearsregardingthepondand theland belongingto Gucchgram.

Brick factory built occupying Land belonging to indigenous

villagers in Madhupur

In September 2012, a Dhaka resident was alleged to have grabbed 10acres of land belonging to indigenous villagers at Idilpur village of Madhupur upazilainTangail district,tobuildabrickfactorydestroyingthevillage’s fruit orchard.

It is reportedthat Rezaul KarimTalukderfromNetrokonaresidinginUttorain Dhaka took an initiative to build a brick factory named ‘Hena AutoBricks’. He took3 acres of land in leasefromVerena Chisim, which wasnot registered.AsthepropertywasclassifiedasBclass(VP) andbelongsto several people, which wasprohibitedfromselling.

Anindigenous oldwomannamedNanditaMreeinformedthat sheowned

75 decimals of the land in which she produced turmeric. Another indigenouswomannamedHeltaDofosaid she owned 48decimal of theland but thefactorymenwereforcefully buildinghousesonit. SomaponChambugon informed that there is a community graveyard of theChristians insidethearea aswell.

The managing director of Hena Bricks Auto, Mr. Nazrul Islam said theybought thelandfromJohnVerenaChisimbut theywereunabletoregister thelandduetothegovernment restriction.Hesaidnooneobjectedwhenthenegotiation wasgoingon.11

Land belonging to Shankar Patro

ShankarPatro, anindigenouspersonof Patro communityfromDoloiparavillageof Khadimpara unionin Sylhet sadar upazila under Sylhet districtisabout tolosshislandfollowinga deceptionbya localadvocateNowroz

Ali (65).It isreportedthat Shankar Patro (26),sonof lateKalachandPatrohasbeenlivinginthisinheritancelandwhichisatotalof2.79acreinsize.

His father gave this land to him. However, Advocate NowrozAli and hissonMostaqAhmedfromSylhetcityareahave changed theownershipof thisaforesaidlandfalselyintotheir name. Theyhavepreparedfakepower of attorney (9560/10) documents on19May2010for thesame land. Onthe following day, Mostaq has registered (BINAMA-9616/2010) in thename of his father NowrozAli. Following these - power of attorney andBINAMAMostaqAhmedsold theland to hisfather NowrozAli.

After knowing the arrangements of false documents by Mostaq Ahmedgong, ShankarPatrocollectedall thoseduplicatecopies.Lateron, hefileda petition(422/2012) against MostaqAhmed, NowrozAli and witnessedofall fakedocumentswithChief JudicialMagistrateCourton23December 2012. On the following day, Shankar Patro also arranged a pressconference on this issue with the help of PASCOP, lawyers and civilsocietymembers.

It is reported that district administration also aware about this landfraudster and the administration assured to take necessary action toresolve theproblemassoonaspossible. Eventhough, Shankar Patrois

passingdayswith great fear of lossing hisland.

Indigenous villager Tarak Munda attacked by Bengali land grabbers

at Satkhira

On 10December 2012at around 8.30 aman indigenousvillager namedTarak Munda was injured in an attack by Kamrul gang at Shyamnagar upazila under Shatkira district based on a dispute over land. Latter, hewasadmittedat local hospital bya van driver in critical condition.

It reported that on8 December 2012in themorningwhenAswin Munda,

thefather of Tarak Mundawasconstructinga latrine in hishomestead, agroup of muscleman numbering 10/12 of Kamrul Islam with sharpweapons came to the spot and threatened to kill Tarak Munda, AswinMunda and their family members and stopped the construction of thelatrine and ordered not toproceedtheconstructionotherwisethey wouldface severe consequences. Kamrul Islam has forcefully grabbed manylands of Aswin Munda through fake documents and creating panic.Besides, manyindigenous Munda people of Kashipur Munda Para werearrestedanddetainedduetofalseandfabricatedchargesofKamrulIslam.


11 Thedaily Samakal, 15October 2012



On that day whileAswin Mundaand hisson Tarak Mundaweregoingtoattend in a court hearing at Satkhira court separately, the miscreantsattacked on unaccompanied Tarak Munda. Fazlu Gazi s/o lateMohammadAli Gazi of Iswaripur, ShukorAli Gazi s/olateMunsurAli Gaziand some other 4/5unknown miscreantsconductedtheattackwith stickandsharp weapons, whereTarakMunda was critically injured. Folowingthe attack, Tarak Munda went to police station to file case against the

attackers but the police refused to record any case against them.Currently, Tarak Munda and his family are passing days in fear andinsecurity.

LAND RELATED INCIDENTS IN CHT

Hundreds of acres of indigenous land occupied in Bandarban

It is reported that hundreds of acres of lands belonging to IndigenousPeoples were being occupied by some Bengali outsiders. They alleged

that 32personsresidinginDhakahadoccupiedatleast800acresof land.Moreover, some moreBengali outsidersoccupied morethan3000 acresof land owned by the indigenous villagers. At least 8 families of villageUkling Mro Para were evicted from their village and hundreds of IndigenousPeoplesofatleast19neighbouringvillageswerelivinginfear of indiscriminateeviction byoutsiders.

Thevillagesunder analarmof evictioninclude(1)UiklingPara,(2)NehatKarbari Para, (3) Nongdon Karbari Para, (4) Probhat Tripura Para, (5)Chandra Moni Tripura Para, (6)Ukijon Tripura Para, (7) Dhrama CharanTripuraPara, (8)LangRing MroPara,(9)DerikMroPara, (10) Langrung

Mro Para, (11)Ado Mro Para, (12) DomsinTripura Para, (13) SilchandraTripuraPara, (14)Mangal MroPara, (15)JalantaMoniTanchaungyaPara,(16) Menpoy MroPara, (17) SongGrekMro Para, (19) Sunag Mro Para.

Belowlisted aresome incidentsof land grabbingbyoutsiders:

As per allegation of Indigenous Peoples, the following 22 persons wereidentifiedout of 32personswhoallegedlyoccupiedindigenouslands: (1)Mr. RajibTalukdar, s/oAnaetAbedin, 880, Ba/A, Dhaka; (2) Mrs. JannatMosamatRehena,residence570/571Block, Pallabi, Dhaka; (3)Mr.AbdulMannan, 107, Agrabad, CDA, Chittagong; (4) Md. Salauddin Tipu,Shantirbag, Dhaka; (5) Md. Habibur Rahaman, 63/66 Purana Paltan,Dhaka-1000; (6) JubaerMaher, Paribag, Dhaka; (7) Md. Mominul Islam,Motijhil, Dhaka; (8) Mr. Mostafijur Rahaman, Residence- 53, road- 4,Rampur, Dhaka; (9) Mr. GolamKibriaMilton, road-2, Residence-2 block,Banoshree project, Rampura, Dhaka; (10) Mr. Jubaer Sohel, 1/Ga/2Paribag, Dhaka; (11) Mr. Abu Latif, 19/C, A, S Colony, Mirpur-1, Dhaka-1216; (12) Md. Ataur Rahaman, 22/1, fifth floor, Topkhana road, SegunBagicha, Dhaka-1000; (13) Mr. Rajib Roy, village- Khajupur, Thana-




Sonagazi, District- Feni; (14) Md. Mostafijur Rahaman, residence- 53,road- 4, Rampura, Dhaka; (15) Mr. Delwar Hossain, East Tejturi Bazaar,Dhaka; (16)Md. Manjurul Morshed,Madina Manjil, 1565, Zahurul Nagar,District- Bagura; (17) Mr. S MAhasanul Kabir, 177, Bijoy Nagar, Dhaka;(18) Jannati Morshed Rahela, residence- 570/571, section- 12, Pallabi,Dhaka-1221; (19) Md. Mominul Islam, 146 Alinagar housing, Motijhil,Dhaka; (20) Mr. Prodip Kumar Das, Plot- 21, 79Chantmari range, flat-2,

A Hill SiteAbasik Alaka, Chittagong; (21) Mr. Anwar Shah Choudhury,27/1, Kobi JasimUddinSarani,Kamalapur, Motijhil, Dhaka-1000and(22)Mr. Zakir Hossain, 38,secondfloor, Kakrail, Dhaka-1000.

Business companies occupy thousand acres of land in Bandarban

More than 11 business companies including Destiny Group occupied

thousandsacresof landsrecordedandownedby permanent residentsof CHT including indigenous Jumma people. The business companiesinclude Mostafa Group, Laden Group, Shahamin Group, SAlamGroup,PHPGroup, MeridianGroup,EximGroup, BabulGroup, AgmeGroupetc.Thesebusinesscompaniescontinueto occupylandsinorder toextenditsbusinessandarea.

It is also learnt that Laden group is conducting militant activities in deepforestbypurchasinglandillegallyandplantingonit at Banapur areaunder SanghumouzaofFaisiyakhali unioninLamaupazila ofBandarbandistrict.

Laden group purchased around 7 thousand acres of landat Eyangchamouza,Sanghumouza,Banapur, Trishdeba,Gayalmara, Choumur Khal,Faitong,Faisiyakhali andAlikhyongMurungJiri areaunderLama upazilaandBaishari mouzaandGumdhummouzaunder Naikhyongchariupazilafor this purpose. Laden group is continuingits activities in the name of MuhammadiyaJamia Sharif. Headmanof Faisiyakhali mouzaMongThuiPrueMarmaallegedthat JamiaSharifoccupiedmorelandsofMro,Tripura

and Marma communitiesincludinghis25acresof land.

It is alleged that Laden group is also converting indigenous children’sreligionto IslamfromBuddhismand Christianity byalluringfacilities andfinancial help. They first take indigenous children in Dhaka and thenconvert into Muslim.

Bandarban administration orders to return indigenous land

On 16 February 2012 the district administration of Bandarban districtordered the chairman of PHP group to return the 125-acreillegallyoccupied indigenous land to the local headman. The local villagers

expressedtheir appreciationtowardthisdecision.ThelocalsreportedthatPHPgroupforcefully occupied thelandof Rangajhiri ChakmaPara usingtheirpower.Theyalsotriedto occupyJum-landandgraveyard belongingto Rangajhiri TripuraPara.This incident wasreported to theChairmanof CHTDevelopmentBoardBir Bahadur MP.12

According tothedistrict administration, the Chairman of PHPgroup SufiMizanurRahmanleased5rubber plotsof25acreseachtotaling125acresin 1981-1982 in Eidgar mouza of Naikhyongchari upazila in Bandarbandistrict.The government canceled theleasein 1997, astheland wasnotbeingusedfor growingrubber trees. Sufi Mizanur Rahmanagainleased

9 plots totaling225 acresunder his, hiswife’s, children’snames. But theplotsthat werecancelledin1997werenot renewed. Nonetheless, heusedthe land in Rangajhiri Chakma Para and nearby Jum lands for hisplantationproject.

Karbari Rachinda Tripura and Labe Tripura of Rangajhiri Tripura Paracomplained that due to theconspiracyof PHPgroupmen, 22families of RangajhiriChakmaParawereforcedtoleavetheirhomesin 2007.Those


12 Thedaily ProthomAlo,28February2012

A signboard of a land grabber in Bandarban



families movedtotheremoteareasof LamaandAlikadomandwerelivingtheir lives in hardship.

The Managing Director of Naikhyongchari branch of PHP Group ArifulIslalm admittedthat PHP group carriedout its plantationproject in 2007in the area even after the lease had expired. UNO Shamim Sohel saidthat the corresponding mouza headman was instructed on 16 February2012to takebackthe 125 acres of land. If illegally occupied land is not

given back to the headman, case will be filed against Sufi Mizanur Rahmanunder criminal law.

Attempt to set up BGB camp on land belonging to IndigenousPeople in Thanchi

BGB plannedto set upa newcamp onthe land belongingto indigenouspeople uprooting them from at bus station in Thanchi upazila under Bandarbandistrict. For thispurpose, on23February2012, two UpazillaNirbahi Officers (UNO) of Alikadam upazila and Thanchi upazila andCommandary Officer (CO) of Balipara BGB camp visited the site and

measured25 acresof land. Local people raisedobjectionagainst settingupcampontheirland. Atotal 40familiesof indigenousMarmacommunitywould bedisplacedif BGBcampwereestablished.Theindigenouspeopledemanded to set up the camp in some other place instead of peopleinhibited area.

Grabbing of land belonging to Indigenous People for establishing

BGB camp in RumaGovernment took plan to acquire 25 acre of land for setting up newBattalion headquarters of Border Guard Bangladesh (BGB) uprootingindigenous villagers at ChaipoPara under Ruma sadar union of Ruma

upazillain Bandarbandistrict. Earlier,local villagersopposedBGBofficerswhile they went to visit the site. Later, Additional DeputyCommissioner (ADC) of Bandarbandistrict visitedthesite. Villagers areconcernedthat thisproject would result in displacement of 40indigenousfamilies, oneresidential schoolrunbyChittagongHill TractsDevelopmentBoard(CHTDB)andanofficeof local NGOnamedToymu.

A Jumma farmer injured in an attack by Bangali settlers with the

intention to grab land at Rajasthali

On11March2012twoBengali settlersattackedon anindigenousvillager

named Ushching Marma withsharp weapon at Bangalhalia union under Rajasthali upazila inRangamatidistrict. ThecriminalswereMotalebDriver (65) s/olateAtikDulal and Saiful (30) s/oMotaleb Driver fromIslampur areaunder Bangalhalia union.

It waslearnt that thisattackwascommittedwiththeintentionto grablandsof UshchingMarma whowent towork in the field at 4.30pmonthatday.MotalebDriver and hisson Saiful suddenly came there and attackedon

themwith sticks and chopper. HearingUshchingMarma shout, villagersrushed there but the miscreants ran away. Seriously injured UshchingMarmawasadmittedtoChandraghonaHospital. Local armyauthorityputpressureonbothpartiesto compromise thematter.

Bengali settlers from Dighinala lodge writ petition with the High

Court to grab land belonging to on indigenous villagers

The Bengali settlers at Pablakhali under Dighinala upazila took ona newstrategy for takingcontrol of 525 acresof allottedindigenousland under theleadership of MohammadEusuf Rahman. Groupleader Mohammad

Yusuf Rahman wrote an application to UNO for getting the land on 11March 2012. It is to be notedthat hesuited a writ at the high court for takingcontrol of thementionedland in 2008.

It is also notable that Bengali settlers were rehabilated in the ancestrallandof IndigenousPeoplesat PablakhalimouzaunderDiginalaupazilaof Khagrachari district duringthe1980’s.But thesefamilies werewithdrawnfromthis mouza on the account of security. An arbitration (salish) wascalledonwhileIndigenousPeoplesdrewtheattention of MuniruzzamanMian, that then UNO, regardinggettingback theabove-mentionedland.It was decided at the salish that settlers would be withdrawn, half of 30acresof land beprovidedtotheIndigenousPeoplesandBengali settlersnot beallowedtocontinuetheverdict. Some membersof policeforcesof Dighinala policestationforcedBengali settlersto plant tobaccoseedlingsonthe1.60 acresof land disobeyingtheverdict.

After that Md. Yusuf Rahman, group leads of 105 Bengali settler familiesmade anwrit at thehigh court forgettingtheland propertiesandattemptof land grabbing is being observed in the name of writ. Even they aretrying with efforts to take control over the lands with assistance of administration on the ground of accusation of violation of court order against district andUpazilla administrationof Khagrachari district.




Indigenous villagers compelled to leave their village, following

forcible land grabbing in Lama

13 poor Indigenous Mro families fromAmtali Para village of Fasiakhaliunionunder Lama upazila in Bandarbandistrict wereforcedto evacuatethevillagedue tothealleged persecutionof theland-grabbers.Fewnon-government organizations were working for the advancement of their situationof theIndigenousPeoples—whoseendeavoreventually became

of nousedue tothis incident.

It waslearnt that local non-government organization‘Ekota’ andtheUnitedNations Development Program (UNDP) had allocated four hundredthousand taka for the development of the livelihoods of the indigenousMrovillagersof thisarea. Withtheauspicesof theUNDP’s‘QuickImpactFund’ project,Taka399,900hadbeenallocatedfor cattlefarmingandfoodconservation in order to develop the socio-economic condition of theindigenous villagers. Of this overall amount, Taka216,600 was spent—and noinstructionwas beengiven for the use of the rest of 186,300 takabytheorganizations sofar.

The probereport submittedby ‘Ekota’ to theUNDP showing thereasonbehind such abandonment statedthat theindigenous villagers of AmtaliPara usedto cultivate Jum (shifting cultivation). They had to vacate thelandwhenthelandgrabbersgrabbedtheir land. ThereportalsostatedthatanIslamicorganization, namelyMuhammadiaJamia Sharif (widelyknownas Laden Group in the area) from Dhaka is involved with this landgrabbing.

Learningabout theabandonmentof theIndigenousPeoples, MohammadIsmail, thechairmanof Lamaupazilasaidthat “manyinstitutionsfromtheoutside, including MuhammadiaJamia Sharif are grabbinglandsillegally

in the area. For this reason, the indigenous villagers of Amtali Para leftthearea.AndmanypermanentBengali residentsandindigenousvillagersarepassingtheir days witheviction-anxiety.”

Notably,on8May2012,thedeputycommissioneroftheBandarbangavedirectiontotheUNOsof LamaandNaikhyongchariupazilasto takenearlyone thousand acres of illegally occupied lands by MuhammadiaJamiaSharif, whichwereJumlandunderthecollectiveownershipofIndigenousPeoples. Local sources confirmed that UNOs were giving letters to theheadmenof thearea to take theland under government control.

500 Jumma families living in fear of eviction in KaptaiOver five hundred Jumma families are livingin fear of evictionin KaptaiupazilaofRangamati districtasthelocal administrationimposedabanonfarmingfollowinga falsecase filed bythe authorities of a tea estate.

It isreportedthat indigenousJummavillagesofNoapara, Nunchari MarmaPara,DolonnyaandBoroichari MarmaParaof WaggaunionunderKaptaiupazila areover one hundredyearsold. Jumma people in thesevillagesscrapea livingby Jum cultivationand farmingginger and turmeric. Theydonot havetheirlandsregistered,andhavebeenlivingthereonthebasisof theirtraditional landrights.However, sinceafter1980-81, WaggacharaTeaEstateLtdhas beenclaimingownership to their lands.’

Villagersargue that the land of which the tea estate authority is claimingownership dit not belong to it. According to them, theteaestateauthorityis making this claim by using land holding numbers that fall in Kaptaiupazila sadar andelsewhere.

On 17 April 2012, Sahadev Shaha, an office staff of Waggachara Tea

EstateLtd, filed a caseagainst Sajai Marma (56), Karbari (villagechief)of Noapara; MedukMarma(55); MongthoaiChingMarma(27) andSuichaPruMarma (30) with Kaptai Police stationon chargesof trespassingontheteaestate’s land, causingfire and destruction, and intimidation.

WaggacharaTeaEstateLtd.claimedthattheJummapeopledidnothavedocumentspertainingtotheir lands.Thelandsonwhichtheyliveandworkare registered in the name of the Tea Estate. The villagers have beenfarmingthelandsafter obtainingpermissionfromthe teaestateauthority.Recently, they have caused damage to 800 saplings, and that is whyWaggacharaTeaEstateLtd. filed thecase.

However, theaccusedin thecasecontendedthat theallegationthat theyhad causeddamage tothe tea estate is not true sincethere were noteaseedlingsplantedonthelandinquestion.Theysaid beingframedbyfalsecharges against them was harassing them. They were able to obtainanticipatory bail fromtheChief Judicial Magistrate’scourt in Rangamati.

Village chief Sajai Marma said that in May last year, the tea estateauthority had written to the local administration that 250 acres of landbelonging to thelocal residentsweredisputed. Followingthiscomplaint,the local administration imposed section 144 indefinitely, prohibiting




access to the land by them. Since then, they were not able to cultivatetheir lands.

The villagers submitted a memorandumto the local authorities, StateMinister forChittagongHill TractsAffairs(MoCHTA)andtheCHTRegionalCouncil authorities, seekingredress, but to noavail.

200 acres of lands grabbed by person disguised as Army Major

Aperson namedMostafaJamal grabbed 200acres of lands belonging toIndigenous Peoples by forgery in Faitong area under Lama upazila inBandarbandistrict.Mr. Jamal introducedhimself asamilitary personandgrabbed those Indigenous Peoples’ lands that had been used for Jumcultivation andgardening.

It is mentionablethat only permanent residents of the hill district of CHTare allowed to buy lands in CHT. However, despite being non-resident,Mr. Jamal, through forgery, documented a permanent resident of Bandarban as his father and used that fake identity to obtain a birthcertificate. Later, byshowingthat fake birthcertificate, heevenmanagedtogetpermanent residentcertificatefromUnionParishad(UP) ChairmanandHeadmanofthearea. Afterthat, hemadeafake buying document of landsbyshowingfake owner/s of thoselands. Not only that, hehas alsointroduced himself as a retired Major of military to influence the localpeople.

It wasobservedthathybrid“Ekashia”treeshavebeenplantedall overtheplaces. This plantationwasdoneafter cuttingdown thenatural forest of theareaandgardenbelongingto“ShibtuliparaEkotaShamiti” (alocal co-operativeagency). Asignboard has beenplaced onthearea that reads:“The owners of this land are Mostafa Jamal and Dr. Tabassun Samad,

Father: Major General (retired)AbdusSamad”.

1000 acres of land illegally occupied declared as ‘khas’ land

1000acresof landillegally occupiedbyDhaka-basedMohammadiaJamiaSharif basedin Naikhyongchari andLama upazilasin Bandarbandistrictwas declared as government owned land. District Commissioner hasorderedthecorresponding UNOsto reclaimtheland.

AccordingtoMoCHTAanddistrict administration, localscomplainedaboutlandgrabbing, deforestation,commercial farmingandmysteriousactivities

in thehills bya grouplocally known asLaden Bahini AKAMohammadiaJamia Sharif for a very long time. Based on the complaint, MoCHTAorderedthedistrictadministrationto investigatethematter. MohammadiaJamia Sharif is alocal madrasarunbyanorganizationnamedAnjumane-al-Baiyinat situated at Rajarbagh(no. 5 outercircular road) in Dhaka.

It was also reported that the Upazila Nirbahi Officer (UNO) of Lamaupazila, Saiful Islamand the UNOof Nakkhiyanchari Shamim Shohel

investigated the matter. Based on this investigation, a report wassubmitted to theMoCHTAbythedistrict commissioner KMTarikul Islam.The report stated that Jamia Sharif illegally bought lands in Fasiakhali,YangsaandSanguinLamaupazilaandEidgar in Naikhyongchari upazilausing Notary Public without the permission of the Government. Thisincluded 425 acres of leased land for rubber plantation and horticultureunder the names of various people, land given to the settlers for rehabilitation in the 1980s (locally known as R Holding), and landbelonging to the Indigenous People and permanent Bengali residents.They also destroyed theforest of theillegally occupied land in YangsaandSangu.

Illegal plantation project by Destiny Group in Bandarban

Destiny Group illegally encroached some 5500 acres of land in Lamaupazila in Bandarban district for their plantation project. Ignoring theBandarban Hill District Council Act and other laws related to landadministration, theyplantedsome1.5croretreesin thearea. Thesetreesweresoldtothecustomersin 867,782packages.Accordingthe estimationby Destiny Group, the value of the property is approximately taka 4640crore.13

Byshowingaplantationprojectnamed‘Shobuj Bangla’ (GreenBangla)intheillegally occupied landin Bandarban, DestinyTree PlantationLimitedtook nearly one thousand crore taka from its customers by selling ‘treecertificates’ in various packages such as gold, silver etc. This wasendorsed illegal byBandarbandistrict administrationandBandarbanHillDistrict Council.


13 The daily ProthomAlo,22May2012



According to section 68 of the Bandarban Hill District Council(Amendment)Act1998, permissionof theheadmanandkarbari is requiredto lease a piece of land for 40 years. Leased land cannot be used for planting any other tree except for rubber and fruits. Sources said thatDestinyhadbeenplantingtreesforcefullyin theareabyignoringthelaws.Evenafterreceivinga warning, Destinycontinuedtheirplantationprojectlet aloneseekingpermissionfromthelocal authority.Asa result, manythe

indigenouslocalslost their traditional land for Jum cultivation.Destiny worsenedthesituation of land disputesin thehill districts. Someindigenousandsocialistgroupsstartedprotestingagainstsuchplantationprojects in Bandarban. In 2009 therewereconflicts betweenDestinyandTripuracommunity, thenDestinytriedto occupylandin KathalchoraareaofYangsaunioninLamaupazila. On3 August 2009JonerangTripuraandJothuramTripuralodged a writtencomplaint to thedistrict administrationagainst Destinyonbehalf oftheTripuracommunity. Theyindictedthat 48Tripura families were deprived from Jum cultivation due to Destiny’splantationproject.

Destiny group was also accused of destroying preserved forests. Theforest department had filed cases against four employees of DestinyGroup for deforestation of 150 acres of preserved forest area. On 5October 2008 an employee of Sangu Range of Bandarban filed casesagainst 70 people for deforestation of preserved forestry atNaikhyongchari juducual court. InthiscaseDestinygroupwasaccusedof being a land grabber, a forest resource smuggler, a government ownedland grabber, a destroyer of natural resources and wildlifeand anarmedterrorist. The caseis still ongoing.

Destruction of forest continue without hindrance in Bandarban

Destructionof forest continuesin Bandarbanwithout hindranceundertheprotection of the influential. Thepoachers cut down largetreessuchasGarjan,Koroi, Cotton,Rong,Chapalishandmanyothersfromthe naturalforest in Shoroi union under Lama upazila in Bandarban district. Theysmuggled themusingelephantsand trucksthrough thegateof theforestdepartmentwithout anyresistance dueto their power andmoney.14

It was learnt that influential ALleader Md. Morshed was involved in the

destructionof the natural forest. In order to carrythe bignatural woods,theculprits installed37damsontheBomustreamandcreatedanartificialpath. Due to this the streamwas nearly dying. This causedshortage of drinking water for the local villagers made the villagers frustrated andfurious. Theyalso lived in fear of eviction. The Mro villagers complainedthat eventhoughthey tried toresist themit didnot help. On the contrary,the culprits threatened the indigenous villagers of eviction. The local

administrationremainedquiet even after theindigenous villagerslodgeda written complaint. The culprits continued cutting hills to fill the streamdestroyingnaturalresourcesin thearea. Sourcesinformedthatthepoliceand forest officerswereinvolvedin smuggling thewood.

Bengali settlers attacked Jumma villagers with the intention to

grab land in Barkal

On 30 May 2012, three indigenous villagers including a woman of anindigenous family were allegedlyattackedandinjuredbyBengali settlerswith the intention to grab the land of that family in Barkal upazila of

Rangamati district.The victims were identified as Mr. Biro Kumar Chakma (60), Mr. Amar Kanti Chakma (28) s/o Biro Kumar Chakma and(3), Ms. Sangeet MalaChakma (25) w/oAmar Kanti Chakma of village Amtala of Aimacharaunionunder Barkal upazilainRangamatidistrict.Ofthem, seriously injuredBiroKumarChakmawasadmittedtoBarkal upazila Hospitalandothertwowerereleasedonthat day after primarytreatment wasgiven.

It waslearntthat onthat day in themorningBiro KumarChakma, hisson Amar Kanti Chakma and daughter-in-lawSangeet MalaChakma went tothe land nearby their home to build a house together. At that time, Md.

AmirHossein(45) and histwo sons Md. Jasim(21) and Md. Ibrahim(18)ofnearbyBengali settler areaofAmtalasuddenly attackedthemwithstickandwoodandbeat themindiscriminately, leavingthemseriously injured.Of them, Biro Kumar Chakma sustained serious injuries on his head,shoulder andbackside.

According tothe victims, Bengali settler Md. Amir Hossainand hisfamilycoming from nearby Kalabunia area of Barkal upazila had alreadyforcefully occupied paddylandof BiroKumar Chakma andconstructedahousein2006ontheland.Atthat time,BiroKumarChakmafiledageneral


14 TheDaily Samakal, 24May 2012



diary against Amir Hossain with Barkal police station. Md. Amir Hossainis trying to snatch away the last property of BiroKumar Chakma again.BiroKumarChakmalodgedacomplaint ontheattackat theBarkalpolicestation. But the police took no action against the attackers till reporteddate.

Bengali settlers settled down on the land belonging to indigenous

villagers in RamgarhSince 6 June 2012 houses are being erected to settle down Bengalisettlers on the land belonging to an indigenous villager at Pilabhangavillageunder Ramgarh upazilla in Khagrachari district. It was learnt thatPurna Chandra Chakma, an inhabitant of Pailahbanga village under Nabhangmouzaof Patachari unionunderRamgarhupazila,legally owns10acresof land. Currently indigenous villagers including thelandowner arerefrainedfromentering thearea bythelocal security forces.

It is reported that 45families of Bengali settlers are beingsettled onthelandsof around 10acresowned legallybyPurnaChandra Chakma. It is

informedthat a hospital of 50bedsfor Border Guard Bangladesh (BGB)is under constructionin Ramgarh in which 52familiesof Bangali settlershavebeenliving. These Bengali settler families areplannedto settle onthelandof PurnaChandraChakma. Indigenousvillagersarelivingin fear of eviction fromtheir anchestral land and demanded cancellation of theexpansionof cluster villageof Bangali settlers.

An indigenous house demolished in Bandarban

On 9 June2012land grabbersledbyDulal and Taposh with their hiredgang attackedanddemolished houseof RomeshTanchangyaat MDS

areaof Bandarbanmunicipality in Bandarbandistrict.15

Romesh Tanchangya informed that his family has been living in their ancestral land in a tin shed house for the last 42 years. His neighbour Dulal and Taposh with their hired gang attacked and demolished hishouse.Theylootedtheir belongingsworth20,000taka. It wasalso learntthat thelandgrabberscarriedout thispre-plannedbrutalact intentionally.

RomeshTanchangyafromthe victim’s family lodged a written complaintat theBandarbansadar policestationregardingtheincident.

Bengali settlers attempt to grab indigenous land in Khagrachari

On 16 September 2012 a group of Bengali settlers numbering 40-50personsattempted to occupylandsof theindigenousvillagersat Barnalvillage of Betchari in Bhuachari mouza of Khagrachari Sadar upazila in

Khagrachari district.It waslearntthat onthat day at3.00pmBengali settlersledby Md.Zakir Hossain (20) son ofAbdul Hamid, Kauser Ali (21) son ofAnswerAli andMd. Rabbani (22) illegally started building houses on lands of theindigenous villagers at Barnal village of Betchari in Bhuachari mouza of Khagrachari Sadarupazilain Khagrachari district.Theownersof thelandon which Bengali settlers tried to erect houses were Jimit Lal Chakma(60) andAmritaLal Chakma(63), sonsof lateHariKishoreChakma,whohave 11 acres of recorded land; and Indra Mohan Chakma, son of JogendraChakma of thesame villagewhohas 5 acresof recordedland.

It is to benotedthat theBengali setters already occupied land belongingto indigenous villagers in Bhuachari in 2008. As the local indigenouscommunity went to prevent the settlers, a heated discussion took placebetween thetwo groups and eventually they got intoa fight. No one wasseverely injured in the incident. Later, army and police from the upazilasadar came there to resolve the dispute and forbade anyone to buildanythingtheland.Despitetheorderfromthearmyandpolice, theBengalisettlers went to cut treesin the forest the next day. Thearmy againhadto stop theBengali settlers.

On the other hand, following this incident, the miscreants of Bangali

Chattra Parishad beat up two indigenous men namely Khokon Chakma(26), son of Nilranjan Chakma, Christian para village of Betchari andRatnakorChakma(32),sonof Sureshwar Chakma, Christianparavillageof Betchari who were severely injured. They were admitted to theKhagrachari Hospital. A cased was file by Ratnakor Chakma on 17Septermber 2012against 9 Bengali settlers includingMd. Zakir Hossain(20) son of Abdul Hamid, Kauser Ali (21) son of Answer Ali and Md.Rabbani (22) with Khagrachari police station. But police did arrest anyculprit.


15 TheDainikAzadi,14June 2012



Land grabbers occupy indigenous land in Barkal

A land grabber named Bhabesh Chandra Das occupied the landsrecorded in the name of two indigenous families in Suaripata village of Bhushancharaunion under Barkal upazila in Rangamati district.16

It wasreported that Bhabesh ChandraDasfromKolabuna ofAimachara

unioninBarkal upazila occupiedthe landbelongingto JoyKumarChakmaand PunnoKumar Chakma and after grabbing, hesold this land to Md.Montaz, Nizam, Shohidul, Kamal and Motaleb, Bengali settlers of Kalabunia area in Barkal upazila. Joy Kumar Chakma lodged a writtencomplainttotheupazilacouncilchairmanagainstBhabeshChandraDas.Inlight thiscomplaint,upazila council chairmanhadassignedtheOfficer-in-Charge (OC) of Barkal police station to take appropriate measures.

Accordingly, an arbitration committee was formed. After arbitration twice,thecommitteeresolvedthedisputebydrawingtheboundarybetweentheland of Joy Kumar Chakma and Bhabesh Chandra Das. AlthoughBhabeshChandra Das agreedthedecisionbythearbitration committee,he again started to occupy Joy Kumar Chakma’s land. Consequently,whenJoyKumarChakmaandPunnaKumarChakmatriedtostophim,hefiled fabricated cases against themfor land grabbing and theft. This is aconspiracyto harassthemto evict themfromtheir land. Thefamilies havebecome helplessandexasperatedfrombeing continuouslyharassed bythefalse cases byland grabbers.

Allegations against Jamaat supporter Hazi Selim for grabbing

indigenous land

A supporter of Jamaat-e-Islam, Hazi Selimullah from Satkania inChittagongdistrict wasallegedfortryingto grabindigenouslandatSualokareaunder Bandarbansadar upazila in Bandarbandistrict.17

On11September2012theindigenousvillagerssubmitted amemorandumto the District Commissioner (DC) of Bandarban district demanding toarrest Selimand hismen. DC KMTarikul Islamsaid that the matter was

being investigated seriously after the complaint was received. Strictmeasures will be taken after the investigation is over. Villagers fromMajherparaand Headmanpara of Sualok unionsaid that they havebeencultivating Jum for generations in Murungajhiri area of Sualok union inBandarbar sadar upazila. Some of themhavebuild orchardsand forestsintheir legally ownedandrecordedland. For thelastseveral months,HaziSelimhas beentrying to occupytheland byhiring gangs fromoutside.

Hazi Selimullahclaimed that he bought 250acres of landbelonging tovariouspeople. Heratherintentionally allegedthat theindigenousvillagersareobstructing himfromcultivatingthisland.

Bengali settlers attacked on indigenous villagers with the intention

of grabbing land in Naikhyongchari

TherewereallegationsoflandgrabbingatFatrajhiri villageofGhundhumunion under Naikhyongchari upazila in Bangdarban that the outsider of Jamaat-e-Islami supporters attacked on indigenous Tanchangyacommunityatmidnighton2November 2012.At least 10villagersincluding

onechild waswoundedin theattack. Of them, onewasseriouslyinjured,andwas admitted to the Malumghat Christian Memorial Hospital. Other 3injuredwerereleasedfromCox’sBazar districthospitalon5November.

AcasewasfiledwiththeNaikhyongcharipolicestationinthisconnection.


Victims of attack by Bengali land grabbers at Naikhyanchari

17 Thedaily ProthomAlo,12September201216 Thedaily Samakal, 10July2012



ReportedlyBGBpolicearrested12criminalsbutjudicialmagistratecourtgranted themall bail on5 November. According to thewrittenallegationofMongkyalaTanchangya,Md.Ali forciblywantedto control thefruitsandforest plantation himself in the lands of the plaintiff. A case was filedagainst Md.Ali atthelocalcourt.Md.Alibecameaggressivewiththefear of losingthe caseand tried to grabland forcibly with the help of a groupof hired goons. Consequently morethan 50people attackedat Fatrajhiri

village, targeting thefatherof theclaimant, Mr. Komol KantiChakma andalsochildren andwomen.

Few instances of Land grabbing in Naikhyongchari upazila

Bengali landgrabbersare attemptingtotake control of 1000acresof jumlands belonging to indingeous people in Krokhyong mouza under Naikhyongchari upazila led by Selim Reja, elder brother of chairman of Bandarban municipality. It is alleged that some locally and nationallyinfluentialpersonsareinvolvedwiththislandgrabbing.Thisanti-legal planwould culminate, if successful, the displacement of local Bengali and

indigenousfamilies. The local villagerssubmitteda memorandumto thePrime Minister for takingactionagainst SelimRejaand hisfollowersbutnoresponse was made fromtheGovernment onthismatter.

Faruque Ahmed, the Union Parishod (UP) chairman of Baishari union,andhismencut treesonsome2,000acresofillegally occupiedlandunder Bakkhali mouza.Insteadof takinganylegal steps,thelocal administrationissuspectedto beassistingFaruqueAhmedisgrabbingthisland. Similarlythelivehoodof hundreds of permanent Bengali resident and indigenousfamiliesarethreatened due to lack to arableland in Baisari mouza.

Outsiders, with thehelp ofAnwar HossinandMohammadManjur Hossain

s/oLatif Haider, haveilligallytaken control over500acresof forest under Kamirchara Mouza in Naikgyongchari upazila. The correspondingheadmanappealedtotheUNOforgettinglegal remedyonprotectingtheland property but thelocal administrationis silent in theregard.

Undertheleadership of managerArif, Mizanur RahmanCompany (PHP)has grabbed thelands of no. 25 graveyard and 125 acres of jum landbelonging to the Tripura community in Eidgar Mouza under Naikhyongchari upazila. Also, Nur Abshar (s/o Ismael) andIbrahim (s/oRamjanAli) have occupied 500 acres of jumlands of Marma farmersthrough employing 60/70 workers for clearing the jungles. Marma


Jhimai Punjee Khasi fears eviction

Our Correspondent. Moulvibazar

Familiesof Khasi ethniccommunity at Jhimai Punjee in Moulvibazar arefacingevictionthreat astheyhavesaida neighbouringteagardenauthoritiesaretryingtotakeoverthelandthey havebeenlivingin for nearly 80years.

Khasi and other ethnic minority community leaders at a pressconferencein Moulvibazar town onTuesdaydemandedprotectionof

the68familiesdwelling in Jhimai Punji fromevictionallegedlybytheJhimai TeaGardenauthorities.

The Greater Sylhet Indigenous Peoples Forumorganised thepressconferenceat theMoulvibazar Press Clubalongwith a humanchainto pressthedemand.

The speakers toldjournaliststhat theKhasi families had beenlivingin Jhimai Punjee under Kulauraupazila since1935, taking335acresof land onleasefromthethen PrithimpasaEstate.

Being forest dwellers the Khasis were ignorant of theimportance of

New Age, 16 May 2012

IndigenousPeoplesarenowliving in fear of beingforciblydisplacced.

Alhaj Habbibullah, ex-chairman of union parishod, has planted Rubber and Segun trees on100 acres of lands situated in the eastern side of Kolachi Krokhangpublic roadunderDochariMouzawithfalsedocuments.In thesame manner, he is attempting to grab 400 acres of land under pinechari Faillah Bainerjeri area that has already been cleared withemploying Rohinga refujees.The headmanof therespectiveMouza has

appealed to local administration for preserving these forestlands on 25February 25 2012. Follwing the appeal the local administration hasorderedUpazilla Surveyor to investigate thematter.

MEDIA REPORTS




land documents and so did not recordtheland in their names thatresulted in thegovernment’s declaringit askhasland.

Later on, part of the land wasgiven leaseto the Jhimai TeaGardenwhilein the other part the Khasiscontinued tolive.

But the threat of their total eviction began looming as the Gardenauthoritiesstarted lobbying the administration to obtain lease of the

land wheretheJhimai Punji is nowsituated, thespeakers said.TheGardenauthoritieshavealreadystarted‘encroachingupon’their land,theKhasi leaderssaid,addingthat theybuilt labour shedsonthePunji’sland, closedthemain roadtothePunji andbeganfellingtreesrearedbytheKhasis.

GSIPF chairman Pidision Prodhan, secretary-general Gidison PShuchiang, Khasi Social Welfare Council secretary Philah Pohthinand Moulvibazar Cha-Janagosthi Adivasi Forum president ParimalSinghBaraikwerepresent at thepressconference, among others.

Jhimai Tea GardenmanagerTarique Ahmed Chowdhury denied theaccusationsandtoldNewAgethat theywereonlyworkingon thelandthey had takenleasefromthegovernment.

Garo people trapped in forest cases

One man implicated in over 100 cases!

→ Noman Chowdhury, back from Madhupur Several hundred Garo people in Madhupur are forced to live amiserable life for years due to ‘forest cases’ filed by the jungle-management officials concerned.

Like it or loathe it, a single person from the ethnic minority, ShrinSangma, staggersunder anawful load of over 100 cases.

In another astonishingmatter, warrantswereissued for thearrest of GaroleaderCholeshRishilthisyearevenafter hisdeathseveralyearsback.

The Daily Sun, 7 July 2012

Schoolteacher Maloti Nokrek and her husband Abel who face forest

cases filed by jungle-management officials concerned.

Cases were filed against Garo people as they raised their voiceagainst social afforestation, eco-park, rubber planting and landacquisitionbygovernment, localssaid.

Many alleged that forest officials alsofiled cases against them just

before their transfer to other places to prove their activities in

protectingtheforest.

Whencontacted, Divisional Forest Officer of Tangail Asit BaranPaul

said a singleperson has beenfacing107 cases onchargesof forest

crimes. “Wehavenot filedanynewcaseagainstGarosinthelasttwo

yearsaswearetryingto disposeof thetremendousbacklogofcases,”

hetold daily sun.

“But the trend of committing forest crimes is on the wane as the

governmenthastakenaproject onemploymentgeneration,”hesaid,

adding that the move has also lessened the locals’ dependence on

forest.

Sexagenarian Pancharaj Ghagra of West Kakraguni village of

Madhupur had faced nine forest cases since 2003 till 2009 as he

raisedhisvoiceagainst theecho-park. Hewasimprisonedfor70days

in thecases.




Pancharaj has been released fromfour cases and till today he hasbeenfightinga long legal battlefor five cases in the court.

“We want to goahead bychanging out lot. But theforest departmentmade usmove backward. In thelast nine years, I had tospend morethanTk 0.4 million to continue the legal fight. I failed to educate four of my children forfinancial woes,” hesaid.

Pancharaj urged the government to settle the long-drawn-out forestcasesspeedilyasthecaseshavesnatchedsleepof theGaropeople.“We are ready to face capital punishment but we want quicksettlement of forest cases,”hetoldthiscorrespondent.

Pancharaj’s brother-in-law, Philimon Simsang, is also facing threecasesforparticipatinginanti-eco-parkmovementandthe caseswerefiledin 2004.“I hadto sell all of my six cows tobearthe expensesof forest cases. Till now, I have to appear in the court once a month,”Philimontolddaily sun.

A 58-year-old schoolteacher, Maloti Nokrek, and her husband Abel,

62, of Bheduria village are also facing similar cases. Even, a‘fabricated’ theft casewas filed against the teacher in 2004 just toharassher.“Wehavenosky-rocketingdreamsbut forapeaceful life.But forest cases have destroyed our happiness. Legal costs haveslowly drained our incomes. So far, wehavespent Tk0.3 to Tk0.4million for the reason. We want to see an end to this chapter of harassment,”entreatsMaloti.

Ajoy A Mree, president of Adivasi Cluster Development Forum, is arevered person in the tribal community. But he was harassed withforestcasesfororganisingthemovement. Even,atheft casewasfiled

against himin 2004to harass himsocially. Ajoy, also an inhabitant of Gachhabari, said forest department filedcases against locals for their movement against social afforestationandeco-park.

“Some of theforest officials also filedcases intentionally beforetheir transfer only to provetheir actionto protect theforest,” heclaimed.

Blaming officials for destroyingcountry’s third-largest natural forest, Ajoysaid, “Forest ispartandparcel of lifeof IndigenousPeopleswho

never destroyit astheyaredependent onit. It istheactivitiesof forestdepartment andinfluential quarterswhich destroyed theforest.”

He called on the government to settle all forest cases againsthundreds of Garopeople immediately to exonerate themfromillegallawsuits.

http://www.daily-sun.com/details_Garo-people-trapped-in-forest-

cases_196_1_1_1_1.html

Murders for land of ethnic groups go on in

DinajpurJustice eludes minorities while their landed properties

continue to shrink fast

Clashes arisingfromlanddisputesand attacks byBangalee settlershave left at least 36 indigenous people, including six women deadoverthelast tenyearsindifferent upazilasofthedistrict, accordingto

The Daily Star September 12, 2012




Jatiya Adivasi Parishad (JAP), an NGO working for the welfare of ethnic minorities.

Most of these murders were committed by Bangaleesettlers whiletryingto grabthelandofminorities.Incidentsof rapeandmurderwerealso reported duringthesame period. In many cases young womenwereassaulted and raped. Instances of politically backed Bangaleesettlerstorturing indigenouswomen werealso noted, theleaders of JAPsaid.

Thereare18different ethnicgroupsinthedistrict, andover90percentpeopleof thembelongtoSantalcommunity. Theother groupsincludeKora, Turi, Mahle, Malpahari Orao, andMundal.

Mysteriously, most of the murder, rape andassault cases filed withdifferent police stations of the district still remain unresolved. Policeclaimthatlackof witnesseshaspreventedthemfromformingcharges.

According torecords, most killing incidents took place in eight of 13upazilassince2002. During theperiod, in Nawabganj upazila alone,nine indigenous people were murdered. Vast majority of the 250

people, who were sued in connection with the crimes against theminorities were never arrested, alleged the leaders while talking tothis correspondent.

In one instance, at around midnight on August 16, three allegedcriminalsbrokeintothehutofParulHasda, 30, adivorceelivingalonein Garhnurpur village under Kaharol upazila. The perpetratorsmurdered Parul after gang rape. Two days later, on August 18,policemenfromKaharol recovered herbody.

MongluHasda, elderbrother ofParul,fileda casewithKaharolpolicestation onAugust 19 accusing three people of intrusion, rape and

murder.TheaccusedareDelwar Hossain, 40,sonof lateMd. Hasem(Member) of Purba Sadipur, Jalal Uddin, 45, son of late Afzal of Helenchakuri village and Md. Asraful, son of Md. Bodiar Rahman of PurbaMallikpurvillageunder Kaharol upazila.

Sukumar Mohanta, officer in-charge (OC) of Kaharol police stationsaid that thewomanwaschokedtodeath. Besides, severalmarks of torturewerefoundonher body.

“We arewaiting for thepostmortemreport beforewe gointoaction,”

added the OC. Meanwhile, the alleged criminals remain at large inthearea.

Local said that Bhadu Hasda, father of theslain woman, wasbeatento death about 10years ago. Some Bangalee settlers trying to grabhisland werebehind themurder.

Ranjit Kumar Roy, Programme Coordinator of BangladeshNorthern

Elebethelical LutheranChurchDevelopmentFoundation(BNELCDF),quoting his own study on eight cases said, “All the murder casesoriginated from land related feuds between the settlers and thetribesmen.'' "Unfortunatelyyearshavepassedbut noneofthesecasessawjustice,” headded. “Dueto thiskindoftreatment fromthesociety,thehelpless ethnicgroups arenowmigratingto other countries,” hefurther said.

ShantiMurmu,a70-year-oldwomanof Garhnurpur village, saidsinceindependenceat least tenfamilieshavelefttheareaforsaferplaces.

Md. Moinuddin Chisty, a filmmaker on the lifestyle of indigenous

people in this region said according to landrecord in the 1960s 60percent ofthelandbelongedtoindigenouscommunities.“But in1970,the volume dropped to 30percent, and a recent surveyshows landownershipoftheindigenouspeopleis nowonly twopercent,”hesaid.

Bangladesh Bureau of Statistics says there are400,000indigenouspeople living in various upazilas of Dinajpur. Talking with thiscorrespondent, Rabindranath Soren, Secretary General of Jaitya

Adivasi Parishad (JAP) said that he himself became a victimof landgrabbingincident in Parbatipur upazila of Dinajpur.

"My ancestral land wassecretly recordedin thename of a Bangaleesettler,” hesaid.“Until thegovernment is seriousabout our protectionit will betoughfor ustosurvive,” headded.




IV.

WOMEN RIGHTS



IV. WOMEN RIGHTS

Indigenous women in Bangladesh often face double discrimination asindigenous andalsoaswomen.Theyexperiencediscrimination not onlyfrom the surrounding society but often also from within their owncommunities. The womenthussufferfroma rangeof problemsrelatedtothe violation of their rights. The indigenous women face lack of participationindecision-makingprocesses,lackof control over incometosustain themselves and their families, lack of land rights, lack of accessto education, lack of access to health facilities, domestic violence, and

sexual violencein situationsof armedconflicts and militarization.The Government of Bangladesh has ratified the CEDAW, ICERDandCRC. Article32of theConstitutionof Bangladesh also providesthat ‘Nopersonshallbedeprivedoflifeorpersonal libertysavein accordancewithlaw.’

The National Women’sDevelopmentPolicy of Bangladesh adoptedon7March 2011 succinctly contains some provisions on indigenous womenand categorizes Indigenous Peoples as “backward and small ethnicgroups”. However, the policy does not mention anything regarding thestate and communal violence perpetrated against indigenous women.

Indigenous women were not consulted when the policy was beingformulated or amended. Indigenous women demanded to insert aseparatechapterforthemconsideringthedistinct problems they face.

Three separate courts were set up in the CHT in 2008 to try cases of torture of women and children under the Prevention of Women andChildren Repression (Prevention) Act 2000, hawever it failed to doanything substantial to stop violence against indigenous women due toprolonged judicial processes, non-cooperation of the police and civiladministration and other related authorities, financial constraints to run

cases, discriminatory social values, etc. Prevention of Women andChildren Repression Act 2000 addresses the need for more effectiveprosecution of perpetrators of violenceagainst womenandchildren thanexisted previously and provides redress for victims of variousmanifestationsof violence.TheAct makesprovisionforcompensationfor the victimfromthe guilty person/persons. It also contains provisions for remedial measures for negligence or willful faults committed by an

investigating officer and for a child born as a result of rape to bemaintainedbythefather.

In addition, Section 376 of thePenal Code of Bangladesh provides that‘Whoever commits rape shall be punished with imprisonment for life or withimprisonment of either description for a termwhich may extend toten years, and shallalso beliable tofine...’.

However, no mechanism was protectable from violence againstindigenouswomenin CHT aswell asplain districtsin Bangladesh sincethenumbers of violation onwomenhavebeenincreasing day byday. Infact, nowadays, violence against indigenous women is one of the mostwidespread forms of human rights violation. The VAW comes in manyforms such as domestic violence, rape, assault, sexual harassment,prostitution,trafficking,abductionandforcedmarriageandearlymarriageof girls. Veryfewincidentswerereported in leading national dailies andnone of theaccused receivedexemplarypunishment.In mostcases,theperpetratorsof thesegrosshumanrights violationsgounpunished evenwhen the victims and witnesses identify them. Except one rape andmurder of MariamMurmu18, there is no example, where the indigenouswomengot justiceagainst her rights.

Adeeper look intotheVAWcases shows that some these violations are

related to land issues, and the perpetrators are mainstream peopleincludingmilitary andsettler Bengalis. Thecurrent occurrencesshowthatthe indigenous women are still not safe. Killings, rape and assault, inparticular, arebeing reportedregularly.


18 Murder trial ends with deathpenalties,UCANews, 17May 2012,

http://www.ucanews.com/2012/05/17/murder-trial-ends-with-death-penalties/



Lack of access to justice and impunity of the perpetrators

Persistent corruption, police negligence, impunity, and a general lack of justice for victims of human rights violations were pervasive themesamongall thecasescommittedin 2007-2012. Inmost ofthecasespoliceassistancewassluggish or nonexistent and theperpetratorsof violencewerein positionsof power over thevictims. In many cases, victims wereunable to file their complaint with the authorities or once filed, the

authorities hindered investigations. From January 2007 to December 2012, therewereat least 122indigenouswomenand children whofacedviolencein theCHTofwhich atleast 89%werecasesofsexual violence.For noneof thesereported cases perpetratorswereprosecutedthroughtheformal justicesystemtill date.

For instance, Md. Ibrahim(32), a Bengali settler who rapeda 13year old indigenous Chakma girl at Longadu upazila under Rangamatidistrict in CHTon15 June2011,was arrested,but got releasedonbailwithout punishment. Soon after release, he again killed after rapeanother 11-year old indigenous girl (Sujata Chakma) in the sameupazila on9 May2012. Thoughpolice arrested himagainon10May,

but it is an example that shows that perpetrators get encouraged tocommit such crimesasthey enjoyfull impunity.

TheCHTAccordof1997createdapositivespaceforthedevelopment andsecurity of theindigenous Jumma women. However, themain issues of theAccordarestill to berealized. Hence, indigenousJumma womenasa whole still remain thesubject of deprivation. CHTAccord stipulates todemilitarize theCHT region with theprovision to withdrawall temporarycampsfromCHT. But thisprovisionis yet tobeimplementedfully,rather,de facto military rule named “Operation Uttoran (Operation Upliftment)

was imposed in CHT on 1 September 2001 in the post-Accord period.Military interferencewith anddominanceover thecivil administration, lawand order, tribal affairs, forest resources etc. are still continuing on onehand, and on the other, they continue to actively support the outsider Bengali settlers in expanding and establishing newer cluster villages intheCHT. Further more, non-settlement of thedisputesover thelandsasper CHTAccord, every now and then, conflicts and communal riotsarebeingoccurred in CHT centering the issueof the land disputes and theprocessof forcibleseizing of landsbelonging to theJummasis goingon

unabated. This situation completely jeopardized indigenous Jummawomen’ssecurity andsufferedtwice asmuchtheBengali women.

In addition, thatthespecial governancesystemhasnotbeen establishedin the CHT and the civil administration has not beenoverhauled and re-formed with the combination of officials fromindigenous Jummas andpermanent Bengali residents both, mentioned with great importance intheAccord, arethe major reason behind this. Civil administration of the

CHT still is dominatedbynon-indigenous officials fromoutside theCHTwhoare not only ignorant about the social system, but also are ignorantabout the culture and rights of the Indigenous Peoples of this region.Asa result, when theindigenouswomengototheadministration forlodgingcomplaints of abuse often they often face non-cooperation and hostileattitudefromthepoliceand concernedofficials.19

On 24February2008theHighCourt ordered to establishthree separatecourtsin theCHTunder Preventionof Womenand ChildrenRepression

Act totrythecasesrelatedtothetortureofwomenandchildren. Thisstephas added a newdimension to theprevention of tortureonwomenin the

CHT. The establishment of thecourts, however, has failed to doanythingsubstantial progress to stop violence against indigenous women in theCHT. Prolongedjudicial processes,non-cooperationof theadministrationand other related authorities, lack of financial ability of the indigenouspeopletorunthecases,lackof adequatelegal assistance; discriminatorysocial values, etc. are the major impediments towards the indigenouswomen’saccessto justice.20

The first victimsupport center wassetupin Rangamati in March 2012togive legal aid to women and children and gives them rehabilitationassistancewiththehelpof partnerNGOUNDP’s Police ReformProgram

(PRP). However, this centre provides shelter for a certain period andassists in filingcases or providingmedical supportbut doesnot followupwith the rest of the leagal pricess. There is also a lack of indigenousrepresentativesat theservice centre.


19 TheStatusofAdivasiHill Womenin Light of theCHTAccord,Mangal Kumar Chakma,BangladeshNari Pragati Sangha, September-October 2009, Dhaka20 -do-



VAIW: At A Glance

ViolenceAgainst IndigenousWomen(VAIW) is oneof themajorissuesinBangladesh. Almost in all cases the perpetrators enjoyed the absoluteimpunity due to lack of accessto justice. In 2012, a total 75 indigenouswomen and children across the country, 55 from theCHT and 20 fromplain land, were subjected to violence. Of them, 17 indigenous womenand children (14 from CHT and 3 from plain) were raped. 7 indigenous

womenand girls, of them4 fromthe CHT and 3 (including 1 committedsuicide due to sexual harassment) fromthe plain lands, were killed. Inaddition, attemptsto rapewere madeon13indigenous womenincluding1 from the plain lands while 2 women from the CHT were abducted.Besides, 33indigenous womenwere physicallyassaulted, harassed andmolested.30ofthevictims, out of75, werechildrenunder 16years.Mostcasesofviolenceagainst indigenousJummawomenintheCHThasbeenallegedlycommittedbyBengali settlersand security forces. Caseswerefiledin32incidentsrelatedtoVAIW, out of50incidentscommittedin2012.The policearrestedperpetratorsof 17cases,out of 32cases.But noonewas given exemplarypunishmentsofar.

During the time from January 2007 to October 2012, there are 160reported incidents of violence against indigenous women occurred inBangladesh of which at least 96%cases were of sexual violence. Mostcases were in relation with land related issues as well as militarizationand settlers displacement. The scenario clearly demonstrates thatperpetratorsmostlybelongto themainstreampopulation.In 2012, a totalof 120 cases have been filed with local police stations but not a singleperpetrator of these reported cases has been prosecuted through theformal justice systemtill date. It is noteworthy that rape cases are thehighestamongst these.In6yearsfrom2007to2012, different categories

ofviolenceoccurredin theCHTsuchas rape(52), attemptedtorape(26),killedafter rape(13), kidnap(11),abusedandphysicalassault (31).Atrendof increasing violenceagainst chindrenandadolescent girlsis seen. Thechild and adolescent girl victims arehighest among theVAIWcases.

The tablebelowshowssummaryof theVAWcasesdocumented sofar coveringtheperiodof 2007to July 2012.21

Human Rights Report2012 onIndigenous Peoplesin Bangladesh 121

21 Kapaeeng Foundation report on the human rights situation of Bangladesh

indigenous peoples


Figure- 4.1: Types of violence against Indigenous

Women in the CHT (2007-2012)

Table- 7 : Types of Violence Against Indigenous

Women in the CHT (2007-2012)

5

2

5

10

14

22 3 3 31

21

335

23

3 4

7

12

1 1

42

0

5

10

15

20

25

2007 2008 2009 2010 2011 2012

Killed after Rape

Killed/shot dead

Physical Assault/Molested

Attempt to Rape

Kidnap

Rape

Year RapeKilledafter rape

Killed / shotdead

Physicalassault/

molested

Attemptto rape

Kidnap

2007 5 3 1 9

2008 2 22009 2 2 3 3 1 11

2010 5 3 1 5 4 1 19

2011 10 3 2 7 4 26

2012 14 3 1 23 12 2 55

Total 38 11 4 31 29 9 122



Human Rights Report 2012 on Indigenous Peoples in Bangladesh

123

Figure 4.2 Highest rate of violence

11

4

29

9

38

31

Rape

Kidnap

Killed after Rape

Killed/shot dead


Attempt to Rape

Figure 4.3: Increasing number of VAW cases in CHT

9

2

11

19

26

55

0

10

20

30

40

50

60

2007 2008 2009 2010 2011 2012

Increasing numbering of violance gradually


Year RapeKilledafter rape

Killed /shotdead

Physicalassault/

molested

Attemptto rape

K idna p Tota l

2007

2008 1 1 2

2009 2 3 5

2010 2 1 1 1 6

2011 1 2 1

1

1 5

2012 3 1 2* 13 1 - 20

Total 7 3 6 17 3 2 38

*including one committed suicide following miscreants sexually harassed in

front of her mother

Table- 8 : Statistics on VAW: Plain LandIndigenous Women in 2007-2012

Figure- 5.1 : Statistics on VAW: Plain land

Indigenous Women in 2007-2012

12

1

32

112

12

3

1

13

111 111

0

2

4

6

8

10

12

14

2007 2008 2009 2010 2011 2012

Rape

KidnapKilled after Rape

Killed/shot dead


Attempt to Rape



Human Rights Report 2012 on Indigenous Peoples in Bangladesh 125

Figure- 5.2 the highest rate of violence in plain district

3

6

32

7

17

Rape

Kidnap

Killed after Rape

Killed/shot dead


Attempt to Rape

Figure- 5.3 : Increasing number of VAW cases in plain district

2

56

5

20

0

2

4

6

8

10

12

16

18

20

14

2007 2008 2009 2010 2011 2012

Increasing numbering of violance gradually


Table- 9 : Information of Ministry for Home Affairs on cases filed

with the police stations in CHT related to violence

against women and children

ParticularsNumber of Cases in 3 districts of CHT

(1 January 2010- 31 December 2011)

Bandarban Khagrachari Rangamati Total

Cases filed 22 17 17 56

Charge sheet submitted 12 12 14 38

Final Report submitted 05 05 03 13

Court verdict 02 00 04 06

Punishment to theperpetrators

00 00 00 00

Figure - 6 : Illustration of lack of access to justice and

impunity of the perpetrators in CHT

22

12

5

20

17

12

5

0 0

17

14

34

00

5

10

15

20

25

Bandarban Khagrachari Rangamati

Cases filed Charge sheet submitted Final report submitted

Court verdict Punishment to the perpetrator

This Information was provided by Home Ministry on 15 July 2012 toBangladesh Legal Aid and Services Trust (BLAST). Data shows court's

verdict on the punishment of the perpetrators is only on 6 cases out of 56 and no perpetrator has been punished yet.

B l i b i f d i ti f th f i l i t i di t d t f d V f BRAC h l t t Ch h i B i



Belowis a brief description of the cases of violence against indigenouswomen in Bangladesh:

RAPE

1. On7 January2012Alal Uddins/oTuforAli,aBengali tempocar driver,

abducted and raped a 15-year old indigenous girl, who is a student of grade VIII of Alokchotro High School of the Shahapur Fulbari village of Rishikul unionof theGodagari upazila of Rajshahi district.Acase (caseno. 15) was filed with Godagari model police station. On that night

Assistant Sub-Inspector (ASI)HiranmoyRoyarrestedtheallegedrapist.22

2. On30January2012Md. Harun,driverof motor bikefromMuslimParaof Matiranga upazila in Khagrachari district,rapedanindigenousTripuragirl whois astudent ofgrade V. It is learnt thatthe perpetrator Md.Harunmet thevictimwhileshe wasreturning home fromcoachingclasstotakelunch, draggedhertothenearbyjungleandthenrapedher.Mr.Lagendra

Tripura,theelder brother ofthevictimfiledacaseagainstMd.Harunwiththe Guimara police stationon6 February 2012, but police did not arresttheculprit.23

3. On 1 February2012a groupof Bengali settlersnumbering7 personsled by Md. ImamAli raped a 15-year old indigenous girl at Moghaichariarea of Dulyatali under Laxmichari upazila in Khagrachari district. Thevictimwasrecoveredfromthespot unconsciousandtakentoKhagracharidistrict hospital. A case was filed by Mr. Arun Chakma, elder brother of thegirl against 7 unidentified personswith theLaxmichari police stationon01February2012. Later, policearrested Md. ImamAli.24

4. On 23 March 2012 two Bengali settlers namely Md. Saddamson of Serajul IslamfromKanchanpur and hisfriend Md.Anis rapedan11-year oldJumma girl at GorjonAkashi Bagan area under Manikchari upazila inKhagrachari district. It is reported that on that day the victim who is a

student of gradeVof a BRAC-runschool went toChowmuhoni BazaarinKanchanpur under Fatikchari upazila in Chittagong district adjacent toManikchari tosellcoal. Whenthe victimreachedGorjonAkashi Baganonherwaybackhomealongwithhercompanions, theperpetratorsgrabbedher, took her toa roadside jungleand then raped her. A case was filedwiththe Fatikchari policestation in connection with the incident. PolicearrestedMd. Saddam.25

5. On25 March2012Ujjal Hadimarapedaphysically disabledindigenousgirl at Dhobaura upazila (sub-district) sadar under Mymensingh districtwhileshewasstayingaloneat her sister’shouse. Thevictimwasadmittedat first at the Haluaghat upazila health complex. Later, the victimwasreferredto theMymensinghMedical Collegehospital. On26 March2012police arrested the perpetrator. Ms. Mitali Dango, the elder sister of thevictimand thewife of Ujjal Hadima fileda caseagainst perpetrator.26

6. On 14April 2012a Bengali settler namedMr. Durjoyraped a 15-year old indigenous Tripura girl of Adabari village of Jogyachala union under Manikchari upazila in Khagrachari districtat a hotel in Matiranga upazila.

An arbitration was heldatAdabari village, but the victimcouldnot abletogiveany informationabout the Bengali youth asthe victimdidnot knowthe culprit fromwhereheis.27

7. On25April 2012two Bengali settlers namelyOli AhmedaliasOlia (38)son of Abdul Matin and Zinnat Ali (35) son of Abdul Aziz from WestGorgoriaChouddhagramof BameGomati mouzaunder MatirangaupazilainKhagrachari disrtict rapeda40-year oldindigenousTripurawomanwithspeech disability at Kiran Master Para of Bame Gumti mouza under MatirangaupazilainKhagrachari district. Nocasewasfiledwiththe policestationdue to thethreatsbytheperpetrators.28

8. On 26May2012a group of culprits comprising of ChikonAli (40) s/olateMonowarAli, YsufAli(35) s/olateKanai MianandFoizurRahman(30)s/o Monowar Ali and other unknown 5/6 persons raped a 25-year old


22 ..Indigenous Peoples Human Rights Defenders Network of Kapaeeng Foundationhttp://kapaeeng.org23.Indigenous Peoples HumanRights Defenders Network of KapaeengFoundation,24. Rapeof hill womantriggers protest, The Daily Star, Friday, February3, 2012,

25. The daily NewAge, 26March2012,Bangalee youthheldfor ethnicminoritygirlrape inKhagrachari26.Thedaily ProthomAlo,27March201227. IndigenousPeoples Human Rights DefendersNetworkof KapaeengFoundation28. IndigenousPeoples Human Rights DefendersNetworkof KapaeengFoundation



indigenous woman at Daloi Para village of Khadim Para union under

Sylhet sadar upazila in Sylhet district.The victimwasadmittedto SylhetMedical College hospital. A case was filed against the culprits withShahporanpolicestationof Sylhet district. However, noculprit has beenarrestedsofar.29

Medicaltestshowedthat thevictimwasraped. However,allegedidentifiedperpetratorsand other unknown 5/6personshavenot beenarrested yetbythepolice.

9. On5 June2012truckdriver Md.Ramzan(35) andhishelperMd.Hasanraped a 12-year old indigenous Tripura girl at Baladhuram Para of

Taindong union under Fatikchari upazila (sub-district) in Chittagongdistrict. Alleged rapists threatened the victim’s parents not to lodge anycase and instead settle amicably. No case was filed fearing further harassment of theculprits.30

10. On 21August 2012an11-year oldindigenousTripura girl wasrapedbya policemanatAtaltilaNoymile area of Merungunionunder Dighinalaupazila in Khagrachari district while she was grazing cows near Ataltilapolicecamp.It is learntthat onthatdayataround2:30pmthevictimalongwith her 8-year old sister from Tapan Karbari Para of Noymile undetr Merung union went out for grazing cows near Ataltila police camp atNoymile area. Keeping her sister at a place, the victim went to another

areanear policecamptocollect vegetables.Findingher alone, Md. RaselRana, a constable of Ataltila police camp grabbed and raped her. Thepoliceman struck her on the right hand and right leg with a stick beforeraping her.

Soon after returning home, the victiminformed her mother Nitya BalaTripura about theincident, whowent to thepolicecamp takingthevictimwith her and put objection to Md. ShahaAlam, the on-duty policeofficer of the Ataltila camp. However, Md. Shaha Alam proposed to victim’smothertocompromisethe incidentbygivingherTaka1000($ 12). Failingto get justice, Nityo Bala Tripura informed Tapan Tripura, the Karbari

(head) of Noymile village and Tripura Students’ Forumleadersabout theincident.Ata stage, theindigenousvillagersgatheredat thepolicecampand demanded to arrest the alleged policeman. Due to tremendouspressurefromthelocal people, ShahAlamwascompelledtocloseallegedculprit Md. Rasel Rana. Nitya BalaTripura filed a rapecase(no. 3, date21 August 2012) under section 9(1) of Women and Child Repression(Prevention)Act2000inthenight onthat daywithDighinalapolicestation.

11. On 18September 2012at 2.00 pma 25yearoldindigenousChakmahousewifehasbeenrapedatNalkatavillageunderKobakhali unionunder Dighinala upazila in Khagrachari district. It is learnt that the25-year old

was raped by Md. Azhar (25) son of GofurAli of North Milonpur in theKobakhali unionwhenshewent upthehillnearbytheir housetoherdtheir cows backto the barn. Azhar, wholayin wait, grabbed her frombehindand rapedher. She wasleft unconsciousand wasrecovered later byher husbandChandranathChakmaChittigulo.Injurymarksonherbodywerefound. She was at first admitted to Dighinala upazila hospital but later shiftedto Khagrachari districthospital.Acasewasfiled, but policedidnotarrest culprit.

12. On28October 2012, a16yearoldindigenousChakmagirl,astudent


29. The Times,28May 2012; Daily UttorPurbo, 30May 2012,Sylhet; Daily ProthomAlo,31May 201230 Indigenous Peoples Human Rights DefendersNetwork of KapaeengFoundation20 http://kapaeeng.org/an-indigenous-college-girl-tried-to-rape-by-a-bengali-settler-in-rangamati/

A protest human chain against gang rape of an indigenous womanby miscreants at Sylhet

of class X of Nasirabad Government Girls School in Chittagong town am Immediately victim’sfather BagyodhanChakmafiledacaseagainst



of class X of Nasirabad Government Girls School in Chittagong town,wasallegedlygangrapedbysome 6/7youths at NasirabadPolytechnicInstituteareaunder Chittagongcity. Theincident happenedataround7:00pmwhenvictim’s classmatePias Chakma (16), a 10th gradestudent of a high school in Chittagong, took her for a walk to an open space atTechnical Residential area. At one stage, some 6/7 Bengali youthssuddenly borderedthem, took themforcefully toa nearby isolated hillockand then rapedthevictimrepeatedly. The victimbled profuselyand wasadmittedto Chittagong Medical College hospital in Chittagong city. PiasChakma has been detained for questioning by police at Khulsi policestation. The policealso arrested 4 Bengali youths on29October.

13. On 31October 2012a 13year oldTripura indigenousgirl wasrapedby a Bengali settler namely Mohammad Rubel s/o Gas Kamal at TholiParavillageof Patachari unionof RamgarhupazilaunderKhagrachari hilldistrict. It is learnt that, on that day at around 7:00 pmtheperpetrator MohammadRubel forcefully rapedthevictimbypuling her and shuttingher mouth to thenearby jungle beside a UNICEFfunded school not far-awayfromthe victim’s house. At that time she was totally accompanied.

Subsequent tosearchingfinallythevillagersrescuedthe girl in senselesscondition.Thefamily of the victimwas not able totakeany effort againsttheperpetrator due to their poor financial condition.

14. On16November2012, twoindigenous Chakma girls were subjectedtorape byindigenousyouths in Jurachari upazila in Rangamati district. Itislearntthat a12year oldindigenousChakmagirl,astudentofgradefiveof Panchari Model Government Primary, from Balukhai vilalge under Jurachariupazilawasallegedly rapedbyAmiyoChakmanearbyBalukhaliBuddhisttempleduringanannual religiousfestivalof KathinChiborDana.

Another 12year girl ShikhaChakmabecameavictimofgangrapebytwo

indigenousyouthsonsametimeat thesameplace. It is reportedthat theincident occurred around 10:30 pmwhen the two victims weregoing toattendKatin Chibar Danaceremonyat night. Ontheir waytotemplesome11/12 local thugssuddenly seized them, and took themby force nearbyBalukhali mukTemple. Onewasableto runawayfroma rapistafter beingrapped. Then she informed to local people about another girl and her incidents. The community people rushed to thespot to rescue victimbutwere unable tofind her there. Finally at midnight the victimwas found ather home when the rapists tookher backto her home at midnight 12.30

am. Immediately, victimsfather BagyodhanChakmafiledacaseagainstfollowing 6 persons with Jurachari police station, but yet police did notarrest to anyone.

15. On21November2012a15-year teenagegirl wasrapedinRangamatitown by Ramesh Tripura (36) in Al-amin hotel at Reserve Bazaar,Rangamati. It is reported that the victim came to Rangamati fromBaghaichariwithher twocousins(maternal)toparticipateinKathinChibor

Dana, anannual Buddhist religious festival, at Rajbana Vihara.At night,they checked inAl-amin hotel in Reserve Bazaar area sincethey had nocloserelativesin the town toput upwith. They rented2 rooms for a nightatAl-amin hotel. Atmidnight, anotherboarderof samehotel Mr. RameshTripura knocked thegirl’sroom, and trickedher bysaying policewantedto check her room. When the girl opened the door, heforcibly took her out after locking up her cousin’s room fromoutside. At dawn stairs hetookthegirl tohotelShyamlodgeandrapedher,andaround11.30amhelet her go. Acasehas beenfiled against himwithKotwali police stationunder WomenandChild RepressionPreventionAct. The policearrestedtherapist fromReserveBazar area.

16. On 13December 2012, a four yearoldMarma girl wasrapedbyZikoChakma, sonof Shanti LalChakmain NaniacharupazilaunderRangamatidistrict.It is learntthat, thevictimwent toattendher neighbour’sweddingceremony onthat day at thesame village. The rapist Ziko Chakma fromBihar Para of Naniarchar sadar area also attended in same event.SuddenlyZikoChakmaluredthegirl tobuysomethingforher fromnearestbazaar area. On the way to bazaar, Ziko raped the child at KinapotiBuddhist temple at about 10:00 pmon the day of incident. As the girlscreamed and wailed in pain, nearby villagers and the temple’s guardrushedthereandcaught ZikoChakmafortheheinouscrime. Hewaslater

handedover tothepolice.Victim’sfatherSumanMarmain theconnectionwith thisincident fileda caseagainst culprit Ziko Chakma.

KILLING AFTER RAPE

1. On 9 May 2012 a Bengali settler namedMd. Ibrahim(32) raped andkilled a minor indigenous girl named Ms Sujata Chakma (11 years),daughter of late Mr. Jyotish Chandra Chakma and Ms. Mongala Devi




Chakma of Ultachari mouza area of Atarakchara union under Longaduupazila in Rangamatidistrictafter rapingher.The victimwasa student of

class IV of Ultachari GovernmentPrimary School of that place. Theincident happened, when the victim,along with her 5 year old nephewnamed Triratna Chakma, was grazingcows half a kilometer away fromtheir village. Biton Chakma, the brother of victim filed a case with the Longadupolice stationon9 May. With the helpoflocalpeople, policearrestedallegedperpetrator Md. Ibrahimon10May.

It isworthmentioningthatearlier, on15June 2011, Md. Ibrahim raped a 13year old indigenous Chakma girl of Bara Ultachari of Atarakchara unionunder Longadu upazila in Rangamati district. Later, rapist Ibrahimwasidentified and arrested, but got released on bail one month beforecommittingtherape and killingof SujataChakma.31

2. On 19 May 2012 a Bengali auto-rickshaw driver (Bhut-bhuti driver)namedNannuMian(25) s/oAtaur Rahmanrapedand killeda 7-year oldindigenousgirl namedSagori Oraonat MohammadpurvillageofPaharpur union under Badalgachi upazila of Naogaon district. Relating to thisincident,policefiledacasein connectionwiththerapeandmurder.On23May2012 policearrestedtheperpetrator NannuMian.32

3. On 7 July 2012 afternoon, a 45-year old indigenous Jumma womanwaschoppedto deathallegedlybyBengali settlersin Ulucharaareaunder Rangamatimunicipality inRangamatidistrict. It issuspectedthat thevictimmayhavebeenkilledafter committingrape. The victimwasidentified asMs. Bolimila Chakma w/o Durgamoni Chakma from Suguripadacharavillageof BhushancharaunionunderBarkalupazilaof Rangamati district.Rajani Chakma (SaraBap), uncleof thevictim, filedacasein connectionwiththat killingagainst threeBengali settlersnamelySohel(26) s/oAbdulLatif, Md. Sohel (25) s/oFerdousi Begumand Manaiya (26) s/oBadshahMianofAnswer camp area of Vedvedi in Rangamati town.33

On9July2012oneoftheallegedperpetrators,Sohel (26) s/oAbdul Latif,was arrestedfromAnswer camp areaof Vedvedi in Rangamati town.

4. On 21 December 2012 a 14 year indigenous Marma girl namedThomaching Marma daughter of late Suithui Prue Marma of village-Baradulu Para of KalampatiunionunderKaukhali upazila (sub-district)of Rangamatihill districtwasbrutallykilledafter rapebymiscreants. Thegirlwasastudent of classeightof Kaukhali GirlsHighSchool. It is learntthaton that day at about 3:30 pmthe girl went to bring back their cows tonearby bush. Asshe wasgettinglate, her mother and siblings began tosearch around forher and and finally one relative(brother-in-lawof girl’s

mother) found Thomaching’s naked dead body in bush which is veryadjacent to a Bengali settler village namely Nailachari. Primarily, it isassumedthat thegirl waskilled after rape when rapist/sfoundher alonein thebush.

In the morning time on 22 December, the dead body was taken toRangamati General Hospital for autopsy. A murder case (no. 03/2012


31 2012; Daily ProthomAlo, 18May 2012;

32 .The Daily Star, May23, 201233 .The daily ProthomAlo,11 July 2012andThedaily ProthomAlo, 9 July 2012

Perpetrator Md. Ibrahim

A demonstration against rape and killing of Sujata Chakma at Dhaka. Inset: Dead body of Sujata Chakma

Dinajpur district It was learnt that on that day at the night unknown



dated 22-12-2012) was filed against unknown persons with KaukhalipolicestationunderSection9(iii) of thePreventionof OppressionAgainstWomenandChildrenAct 2000 byvictim’s uncle namedChaithowai Prue

Marma. However, 4 persons, namely, Md. Selim Khans/ounknown, Md.Didar s/oBadam Saoudagor, Alauddin s/olateMajibur Rahma and Sonof Sahabuddin of Nailyachari village of Ward no. 4 of Kalampati unionunder Kaukhali upazila aresuspectedtohaveinvolvedwith thisincident.Besides, a General Diary (no. 621) was also filed with Kaukhali policestation. But the police are yet to arrest any body. It is worth mentionablethat Marma people once populated Baradulu village and its adjacentareas. The Bengali settlersoccupied themin the1980s after driving theMarma villagers from their lands. The Bengali settlers continue their attemptsto occupy moreland belonging to Marma community. Sources

saidthat afewmonthsago,Marmavillagersplantedginger ontheir landsbut theBengali settlersdestroyedthem. TheMarmavillagersimmediatelyreplanted again, and now a case is pending with the Union Councilchairmanof thearea over thedisputedland.

KILLED

1. On17August 2012anindigenousSantalwidownamedPaulinaHasda(28) was killed at her house of Sadipur village under Kaharol upazila in

Dinajpur district. It was learnt that on that day at the night unknownpersons stabbed Paulina Hasda to death. Knowing this incident in themorningonnext day, thevillagersinformedpolice. Later policerecovereddeadbody of Paulina Hasda fromher house. Paulina Hasda along withonly son wasstayingat her father’s house asher husband divorced her few years’ back. Apolice wasregistered in connection with this killingatKaharolpolicestation. It isalsoreportedthat PaulinaHasdawasbrewingwineat her house and some local Bengalis usedto gothere regularly todrinklocally madewine. IndigenousvillagerssuspectedthatsuchpeoplemighthavedkilledPaulinaHasda.Thepolicearrestedoneculprit, buttwoperpetratorsareyet to bearrested.

2. On22August 2012an85-yearoldindigenousPhul Kumari Tripuraw/oKamala Kumar Tripura of Sudhina Ranjan Headman Para of Taindongmouza under Matiranga upazila in Khagrachari district. It is learnt thatPhulKumariTripurawent out forfishingat nearstream.Asshewasbeinglate, relativesofthevictimsearchedfor her andfoundherlyingdeadfromthe stream near Sudhina Ranjan Headman Para, which is closed to

Bengali settlers’ locality. Local Jumma villagers believe that Bengalisettlers might havekilled her. Deep cut marks werefoundonher body.

3. On 8 December 2012 a 14-year old Sheuli Rani daughter of IndrajitRoy of Amarok village under Sadar upazila in Chapainawabganj districtwassexuallyharassedin front of her mother byone Khairul Islamof thevillage. It islearntthat onthatdaythevictimwenttoafieldnear their homefor collecting straw. Later, she returnedhome and tookher lifebytakingpoison. The relatives of thevictimalleged theindigenousgirl might havecommitted suicidefearing social disgrace. A case was filed against fivepeople with Chapainawabganj sadar police station. The law enforcers

arrested Khairul’s fatherHussainAliandone FatikAliat thevillagein thisconnection.

PHYSICAL ASSAULT AND MOLESTATION

1. On 4 January 2012 land grabber Azizur Rahman and his henchmenbeat 6 indigenous Santal women named Fulmoni Murmu w/o SomHembrom, Basani Soren w/o Som Tudu, Laxmi Hembrom w/o Munsi


A human chain against rape and killing of Thomaching Marma at Dhaka, Inset: Dead body of Thomaching Marma

Murmu Mery Hembrom w/o Mandol Murmu Malati Murmu w/o Budhu They also threatened Ms Maichu to subject her to “Banch Dholai” a



Murmu, Mery Hembrom w/o Mandol Murmu, Malati Murmu w/o BudhuHembrom and Arati Baske w/oArjun Murmu at Chok Gopalpur villageunder SouthKotwali in Dinajpur districtand set their housesonfire. Withthe intention to occupy land of indigenous villagers of Chok Gopalpur village, Azizur Rahman filed a false case against 22 villagers includingwomenat local courton14December 2011. Whilethevillagersincludingvictims were going to court to be present before court, Azizur Rahmanand his henchmen attacked them. Victims failed to file case due tothreatening by culprits and on the other hand, the culprits are freelyroaming.34

2. On 16January2012a groupof miscreantsnumbering5/6personsledby Md. Abdus Sattar beat an indigenous woman named Mery Soren attheKaktiya villageof Mohanpur unionunder Godagari upazila while thevictimwent tofetch water froma pond. The neighborsof themainstreampopulation havebeenforbidding illegally indigenousvillagersfromusingthepond. The policedidnot accept thecasefiledbyindigenousvillagerswith theGodagari model policestation.35

3. On 9 March 2012 a group of Bengali vested quarter attacked anddestroyedthehousesof IndigenousPeoplesat Boidyopur andGagorondoindigenousvillagesofTanoreupozila underRajshahi district. Inthisattack,5woundedpeopleweregiventreatment inTanoremedicalcenter. Amongthem, Ms. Salmi Hasda(28) and Ms. Nirmol Hembrom(20) w/o FransisHembromwerein seriouscondition. InconnectionwiththisattackFransisHembromfiledacaseagainst unidentified50personsincluding15 knownperson.36But noone was arrested.

4. On 28March 2012MaichuMarma (25) wasphysically tortured duringa search operationbymilitarymajor Shahdat of Sindukchari zonein thevillageof SouthSapchari underManikchariupazilain Khagrachari district. According tolocal sources, at 2:30 pma group of army personnel led byMajor Sadat of Sindukchari zonein two army vehicles raidedthevillageof SouthSapchari and surroundedthehouse of ThoaichauMarma (56).

They also threatened Ms Maichu to subject her to Banch Dholai , aspecial methodof torturein which a person’sbodyis pressedand rolledbetween two or more bamboo poles. When she said she did not knowanything about “terrorists”, an army man hit her on the forehead with abamboostick, wounding herseriously.9

5. On28April2012agroupofBengali settlersnumberingabout7personsassaultedand robbedanindigenous womannamedMs.AlpanaChakma

aliasKalabi (45)wifeof Kaladhan Chakma of village- Jarulchara of Gulshakhali unionunderLongaduupazilain Rangamati districtThe victim wasseriouslywoundedandadmittedtotheRabetahospital in Longadu

upazila unconscious.Kaladhan Chakmafiled a case against 7unidentifiedBengali settlerswiththe Longadupolicestation.Amongthem,two culprits were arrested. However, the culprits are threateningIndigenousPeoples to withdrawthe case.10

6. On 30 May 2012, a group of police from Teknaf police station andmiscreants of mainstreampopulationled by Sub-Inspector (SI) Bakhtiar and local influential Abdul Haque attack indigenous Tanchangya (theycalledthemselvesasChakma)villagesofHowaikyongareaunder Teknaf

upazila in Cox’s Bazaar district. In that attack an 8-month pregnanthousewife Ms. Malaimey Chakma (30) w/o Ucha Thaoi Chakma wasbeatenindiscriminatelywhile shetriedtoprotect her husbandfrombeatingof attackers. Due to indiscriminate beating on her by the miscreants,Malaimey gave birthto a premature baby. She was first admittedto thelocal healthcomplexat Teknafandon1JuneshewastransferredtoCox’sBazaardistrict hospital withseriouscondition.Thesameperpetratorsalsoinhumanlybeat andmolestedMs. Chhaya MeeChakma (28), Ms. LuckyChakma (18) and Ms. Samiya Ching Chakma Sumi (15) in front of the


34 . IndigenousPeoples Human Rights DefendersNetwork of KapaeengFoundation35 . IndigenousPeoples Human Rights DefendersNetwork of KapaeengFoundation,andhttp://www.aippnet.org/home/daily-sharing/793-bangladesh36. The daily KalerKantho, 11 March 2012

Alpana Chakma, victim of robbery and physical

assault at Longadu Upazila

police Civic groups protestedagainst thisattack and demanded to take action The Bengali settlers with sharpweaponsattackedonthemwhile



police. Civic groups protestedagainst thisattack and demanded to takeactionagainst theculprits. However, theadministration did not take anyaction against perpetrators.37

7. On30 May 2012, Bengali settler Md. Amir Hossein (45) and his twosonsMd. Jasim(21)andMd.Ibrahim(18)ofAmtalainBarkalupazilabeatthreeindigenousvillagersincludingawomanbelongingtoonefamilywiththe intention of grabbing the land of that family in Barkal upazila of

Rangamati district.ThevictimswereidentifiedasMr.BiroKumarChakma(60), Mr. Amar Kanti Chakma (28) s/o BiroKumar Chakma and (3) Ms.Sangeet MalaChakma(25)w/oAmar Kanti Chakma. BiroKumarChakmafiled a case with the Barkal police station, but no perpetrators gotarrested.38

8. On 7 July 2012, a primary school teacher was sexually harassed byher colleague head teacher Md Rahamatullah Dewan of Muslim BlockGovernment Primary School of Baghaichari municipality area inRangamati district. Again, 13 primary school girls (class III to class Vstudents) havebeenharassed sexuallybytheir school teacher Md. RiazMdHiraof Uluchari GovernmentPrimarySchoolunder KhedarmaraunionofBaghaichari upazila. Primaryeducationofficersuspendedbothteachersfromtheir dutiesafter investigation.

9. On26August 2012a womanwasattackedbyBengali settlersat NorthShantipurvillageunder Panchariupazilain Khagrachari district. It is learntthat onthat day Bengali settlers led byMashud Rana (30) s/o Sadeq AlifromAmarpur village in Ward No. 4 of Ultachari union under Panchariupazila startedconstructionofahouseonrecordedlandof Kanti BhushanChakma(70) s/oGirishChandraChakmaofNorthShantipurvillage. KantiBhushanChakmawent tothePanchari policestationtoputobjectionand

to refrain Bengali settlers from construction of house on his land. ButOfficer-in-Charge (OC) of the Panchari police station did not take any

action. The Bengali settlers with sharpweaponsattackedonthemwhiletheytried to opposeBengali settlers to erect house ontheir land. In thisattack, Kanti Bhushan Chakma got cuts on his three fingers of the lefthandwhile Laxmi SitaChakmaonherthumb.TriratanChakmasustainedcuts on his left shoulder and left hand. All of them were admitted atPanchari upazila hospital. Laxmi Sita Chakma was released after providing her first aid at Panchari upazila hospital. A case was filed butpolicearrested noculprit.

10. On 15October 2012Bidhata Tripura (60) wasinjuredand beaten byMd Ali Akbar chairman of Bornal unionand several houses including aHindutempleweredamagedandlootedwhena groupof Bengali settlersattacked Rajdhar Karbaripara village of Baranal union under Matirangaupazila in Khagrachari district. The attack, which took place at around9:00 pm, forcedtheJummasto fleetheir homes. According tosources, agroupof Bengali settlersfromDak Bangla and its adjacent areascarriedout the attackafter accusing the Jummasof ‘beinginvolvedin extortionandterrorist activities’.

11. On 4 December 2012a Jumma womanwassexuallyharassed byasoldier of Naniarchar zone while military forces were distributing winter clothes to the poor people at an open ground inside Naniarchar zoneheadquartersunder Naniarcharupazila inRangamatihill district. It is learntthatonthatdayzonecommanderof NaniarcharizoneLieutenant ColonelKhaled distributed winter clothes to the poor people at an open groundinside Naniachar zone headquarters. During the distribution, a hugenumber of poorpeople werewaiting in thelong queue. Ms. Rita Chakma(23) wifeof ChikkeChakmafromMorachengi villageofSabekhyongunionunderNaniarcharupazilaalsocametocollect winterclothesthere. Atthattime, a duty soldier of military forces in civil dress of that zone touched

her breast while distributing clothes, then & there she slapped himandstarted beating him angrily with her sandal continuously. However, thearmy of Naniarchar zone did not take any action against the allegedsoldier. The name of alleged soldier couldnot beknown.

ATTEMPTED TO RAPE

1. On16 March2012Md.Kajims/olateAbdul Majidof Sundarpur DaldalavillageofKakanhatmunicipality under Godagari upazila inRajshahidistrict


37 The daily Samakal, 1 June 2012; The Daily Star, Tuesday, June 5, 2012; NewAge, 5June 2012; Thedaily Janakatha,1 June 2012,

11. http://www.prothom-alo.com/detail/date/2012-07-07/news/27165138. IndigenousPeoples HumanRights Defenders Network of KapaeengFoundation,http://kapaeeng.org38. IndigenousPeoplesHuman Rights DefendersNetwork of KapaeengFoundation,http://kapaeeng.org

tried to rapeanindigenouswomanof same village It is reported that on 5 On 12June2012a 22 year oldindigenousChakma girl fromVedvedi



tried to rapeanindigenouswomanof same village. It is reported that onthat day at around 7.30 pmthe victim went out to bring water fromanearbytube-well. Seeingheraloneatthetubewell, Md.Kajimgrabbedher frombehindandtriedtorapeher.However, thelocal villagersrushedtherehearing thevictim’s screamforhelp. On 17March 2012thevictimfiledacase(no. 16) in connection with this incident against Md. Kajimwith theGodagari police station. The police arrested the culprit andsent himto

jail.39

2. On 9April 2012thestudentsof theSuwalok MroResidential School of Bandarbansubmittedanallegationagainst aseniorofficeclerkShahidullaPatowari to the head teacher of the school. That office clerk had beenallegedly teasing the Mro indigenous girl students for long time. Hecompelled the girl students to work in his house and beating them for several times. According to some femaleteachers, seekinganonymity, agirl student, who is a victim of Shahidulla’s ill-mannered behavior,compelledtoleavethestudents’hostel andtakerefugeinrelative’shousedue to timid and panic. The head of theinvestigation committee of the

incident and assistant head teacher Sanjay Mitra said, the committeefoundproof oftortureby Shahiddulaonthe girls. Hewastransferredfromthatschool to somewhereelseaftertheallegation wasproved.40

3. On5May2012Zahirul Islam, aBengalisettleryouth, attemptedtorapeanindigenousgirl, astudentofclassVenteringher houseattheabsenceof her parents at Dighinala upazila under Khagrachari district. Theperpetrator fled awayfromthe spot whilethe girl wasshouting for help.Policearrestedthealleged culprit following a casefiledagainst him.41

4. On 5 June 2012 a group of Bengali youths numbering 5 persons

attemptedto rapea 16-year oldChakma girl at the areaof MunsiAbdur Rob Monument (on Rangamati-Chittagong road) of Manikchari under Rangamati sadarupazilainRangamatidistrict.Thevictimdidnotfile casefor avoidingsocial stigma.42

5. On 12June2012a 22-year oldindigenousChakma girl fromVedvediJubaUnnayanarea wasattempted to rape bya Bengali settlerat districtcouncil’smini-zooof Hatchery area in Rangamati municipality. It is learntthat onthat day in the morning the victimwas starting fromher house of VedvediJubaUnnayanareatoBanarupatoattendthecomputer class.Ataround 8.30 am when she reached at district council’s mini-zoo of Hatcheryarea alone, aBengali settlernamedNuruzzamanMunna(22)s/o

Md. Shahjahan of Radio station area of Rangamati municipality caughther frombehind and startedto molest her. Nuruzzaman Munna tried todragher intothejungle.Atthat time,local JummavillagersnamelyBacchuChakma and Nabin Sen Chakma rushed there while the victim wasshouting. The villagerscaught theculprit redhandedand handedovertoKotwali police station. The victimfiled a casewith Kotwali police stationunder Prevention of WomenandChildrenReppressionAct 2000.

6. On12July 2012, anindigenousChakmawoman(27), workingasNursein Chittagong, from Baghaichari upazila under Rngamatii district wasattempted to rape byDr. Jahangir Hossain at her workplace ChittagongMedical College hospital in Chittagong. It is learnt that Dr. Jahangir wastryingto rapein her roomat the hospital at around11:00 am. Acase wasfiledagainst culprit but noone wasarrested.43

7. On 17July 2012 anindigenoushousewife was attempted to rapebyHazaratAli (40)inTanoreupazilaunderRanjshahidistrict.Thehousewifefileda casewith Rajshahi court. Till nownoone has arrested.

8. On 4 September 2012, a 12year oldJumma girl wassubjectedto anattempted rape while on her way back home in Ramgarh under Khagrachari district. It was learnt that the girl and her mother fromKalapani village of Patachara union under Ramgarh upazila in

Khagrachari district went to Datmarabazaar in Fatikchari in themorningonthat day. Ataround 1:00 pm, thevictimwasreturning home ona hiredmotorbike, leaving her mother behind in thebazaar. When they reachedalonelyplaceinBalukhali Nashiateaestate, Md.Alamgir(25) sonofChanMianof Datmara, the driver of the motorbike, halted, dragged her into aroadside jungle and then tried to rape her. At that time, two people —Khalek, a bamboo trader, and Shahajahan, a local villager, werepassingby the road. Seeing them, the girl gave a loud shout to attract their


39. IndigenousPeoplesHuman Rights DefendersNetwork of KapaeengFoundation40. The daily ProthomAlo,26April 2012

41. The daily ProthomAlo ,10May 201242. IndigenousPeoplesHuman Rights DefendersNetworkof Kapaeeng Foundation,

43. http://www.bdnews24.com/bangla/details.php?id=199323&cid=2&aoth=1

attention, which made the culprit, Alamgir, scared and run away. The Act. The accused was not arrested.



attention, which made the culprit, Alamgir, scared and run away. Thepassersby then rescuedher and escortedher backhome. No casewasfiled.

9. On 1 August 2012, a 12-year old Marma girl who is a fourth gradestudent in Chempru Para Government Primary School was subjected toa rape attempt at Batnatali under Manikchari upazila of Khagracharidistrict. It islearntthat thevictimwason her wayto BatnatoliBazaaralong

with two other children when a settler youth stood in their way andattemptedto rapeher. When she screamed, the culprit let goof her andfledaway. She wasmentallydevastatedafter theincident.

10. On 8 September 2012 at late night about 1:30 am a 19-year oldanMarmagirl wasattemptedto rapeby amemberof military forcenamedMd.AbuYusuf(22) in Kaptai of Rangamatidistrict.TheculpritAbuYusuf,sonof Md. IbrahimMajumder of Boroichari-Collegegate areaof Kaptaiupazila under Rangamati district was arrested by police, but later washandedover to the military authority. It waslearnt that the victimis fromToktanala village of Bilaichari upazila under Rangamati district andis astudent of HSC second year of Karnofuli Degree College at Boroichariareaof Kaptai upazila. She, with her two college friends, wasstayingatBoroichari-Collegegate area for about a year rentinga house fromMd.

Abu Yusuf’s family. Md. Abu Yusuf is a member of Bangladesh Army,workingin Khagrachari districtarea. On9September 2012theyounggirlfiledacaseunderPreventionofWomenandChildrenRepressionAct withKaptai policestationagainstAbuYusuf.

11. On 2 October 2012 a 14-year old indigenous Tanchangya girl, anEnglish mediumstudent of Gaindya HighSchool, wasattempted to rapebyher Bengali classmateatGaindaunder Rajasthali upazilainRangamatidistrict. It was learnt that on that day at around 8:00 am the victim

wastakingrest attheclassroomof GaindyaHighSchool, asshewasill. Ataround 9:30 amAriful Islam (16) son of Emdadul Haq of Islampur areaarrived school and findingthevictimalone, grabbedher and triedto dragher to the nearby jungle. At this hour, some students including victim’scousin MilanTanchangya arrived there and rescuedher. No sooner, theperpetrator Ariful Islam fled from this area. The victim’s father namedSudhangshu Tanchangya from Longadu Punarbashan area under Gaindyaunionfiledacase(no. 01, dated02/10/2012)withRajastali policestationunder section 10 of Prevention of Womenand Child Repression

Act. The accused was not arrested.

12. On3 October 2012atmid-nightanindigenousMarmagirl withspeechdisability wasattempted to rape bya Bengali settler namedMd. Iliyas atKaitharmukhPara of Rowangchari union under Rowangcharuupazila inBanbarbandistrict.The villagers caught theculprit Md. Iliyas redhandedand handed over to chairman of Rowangchari union Mr. Sahla MongMarma.However, theguardiansofthevictimfailedto filecasewithpolice

stationdue to financial constraintsand fearingfurther harassment.13. On 14October 2012three indigenousChakma girlswereattemptedto rape allegedly by an army soldier of Ultachari army camp under Mahalchari upazila in Khagrachari district. It is learnt that onthat day ataround9:30amthree Jumma girl students of grade 9th to 10th were ontheir way to Ultachari High School when an army soldier stood in their way, which is 150 yards fromthe Ultachari camp and tried to pull one of themawaybythehands.However, theycould somehowfreethemselvesand run away. Theother girls also tookflight asfast astheycould.

The chairman of Ultachari union informed it to the Mahalchari zone

commander Lt. Col. Shahidul Islam (8 Bir). Receiving the allegation,Mahalchari zone commander visitedUltachari camp on17October at 12noon, taking MahalchariUpazilaNirbahi Officer Md. Shahed, MahalchariUpazila chairman Sona Ratan Chakma andLady ViceChairman KakaliKhisaalongwith him. The Zonecommander heardthestatements of thethreevictimsandtheir teachersat thecampandopinedthat theallegationagainst the soldier was baseless. However, as the incident was just anattempt, theschoolteachers, students, guardiansandlocal UPmembersand chairman requested camp commander to keep careful vigilance sothat suchincident would not happenin future.

13. On27December 2012at 1.30pma 11-yearoldindigenousTripuragirlwasattemptedtorapebyaBengali settlernamedMohammadHelal Uddin(35) s/o Jabar Mulluk of Yangsi Shamuk Jhirimukh Para under Lamaupazila in Bandarban district. It is learnt that the victim went to theSamukhal nearby her home at Wankra Tripura Para under Fasiyakhaliunion of Lama upazila and at that time Mohammad Helal grabbed her findingher aloneatthestream. But local villagersrushedwhenthegirlwasshouting and caught the culprit. Mohammad Helal was handed over tothepoliceauthorityofLamapolicestation. Victim’sfather fileda casewithLama policestationagainst theculprit.


ABDUCTION Women’sFederation(HWF).Her brother KalindiKumarChakmahasbeen



ABDUCTION

1. On 17April 2012 a Bengali settler named Md. Sohel alias Solaiman(25) kidnappeda14-year oldindigenousMarmagirl fromKaukhali upazilain Rangamati district. It is learnt that on that day the victim went toBetbunia under Kaukhali upazila to enjoy Sangrai water festival. Duringher waybackhome fromBetbunia, Md. Sohel alias Solaimankidnappedthe victim. Soon after abduction, victim’s uncle Suila Mong Marma, aprofessional football player in Dhaka, informedlocal administration. At astage, policeseized thevictimalongwith Md. Sohel fromMaizdi area of Noakhali district on20April2012andhandedoverthemtoKaukhalipolicestationon 21April. Bothvictimandculprit were sent tothe jail.44

2. On 24October 2012a 17year oldTripura girl (acollege student) wasabductedbyaBengali settler youthnamelyMohammadErshads/oShafi(Ex-member of union parishad) at Balyachari village of Guimara unionunder Khagrachari hill district.Soonafter,when theincidentwasnoticed,theguardiansalongwith theelders of thevillage triedto file caseagainst

theperpetrator throughinformingthematter totheOfficer-in-Charge(OC)of the Guimara police station Bashir Ahmed. The deputy commandingofficeroftheMatirangaarmyzoneMajorTanvir interferedabout thematter when the occurrence was noticed to the Matiranga army zoneheadquarters. The officer in charge of the Guimara police station andMajor Tanvir urged the guardians not to file any case and assured thatthey will take care about the matter. They informed that, the abductor Ershadand thevictimarestayingin theHoludiya village(Bengali village)of Fatikchari upazila in Chittagong district. Later, on 28 October, policeaccepted case excludingthe name of kidnapper’s father Shafi member.However, police didnot takeany action to rescuethe girl or toarrest the

kidnapper.

PRESENT STATUS OF KALPANA CHAKMA

ABDUCTION CASE26September 2012ChittagongCIDsubmittedits final report of thecaseof abduction of Kalpana Chakma, the then Organizing Secretary of Hill


44. The daily ProthomAlo, 21April 2012,

o e s ede ato ( ) e b ot e a d u a C a a asbeeasked to bepresent at Rangamati District Court on13January2013for a hearing. But accordingto lawyers and activists this newreport is just areproduction of the earlier reports.Thereisnosignof reinvestigation.Theyhavefailed to identifyanyoneinvolvedin the kidnap. CID’s final report statesthatduetolackofanyappropriateproof and evidence, it was not possible torescue the Kalpana Chakma, even itwas not possible to identify her actuallocation. There is nosign of possibilityto rescue her in near future too. Thereport further says that if anyinformation is acquired in future, thenthe initiatives could be taken to reinvestigate the case.So, lawyers andactivists fear that on this new court date, the case will bedismissed onsimilar grounds. Mentionablethat,on12June 1996at mid-night Kalpana

Chakma was abducted from her home at New Lalyaghona under Baghaichari upazila in Rangamati district. Her brother Kilindi Kumar Chakma identified theabductor asthenLieutenant Ferdous of Kojoichariarmy camp and two Village Defence Party (VDP) personnel Nurul Haqand SalehAhmedand fileda caseagainst them. On 2 September 2010,aRangamati court orderedthereinvestigationof KalpanaChakma’scasefollowing Kalindi Kumar Chakma’s rejection of the Baghaichari policereport,saying that it failed to identifyher abductors.

Kalpana Chakma

Human chain demanding justice for Kalpana Chakma in Dhaka

MEDIA REPORTS




'Ensure safety of indigenous women'

Staff Correspondent

Leaders of several Adivasi women's organisations yesterday urged

thegovernment to take step to stop violenceagainstAdivasi womenand to ensurejusticeto thetorturevictims.

As part of their seven-point demand, they also demanded Adivasiwomen'srepresentationandparticipationin theJatiyaSangsad, their political empowerment anda separatesectionfor themintheNationalWomenDevelopment Policy.

The leaders placed the demands at a human chain programme infront of National Museumin thecity.

Adivasi NariParishad, Hill Women'sFederation,Adivasi NariUnnayanSangathan,AbimaMichikAssociationandKapengFoundationjointlyorganised the programme marking the International Women's Day2012.

Minu Mrong, chairman of AbimaMichikAssociation, saidindigenouswomenarefacingphysical and mental torture bythestate aswell asby the society. Women of Modhupur Forest arethe worst victims of such torture.

Chaytali Tripura, general secretary of Kapaeeng Foundation, saidthere are noseats reservedfor the indigenouswomenin the JatiyaSangsad and district council and that is regrettable.

The incumbent government tookinitiative to amendthe constitutionwithout recognising the language, culture and basic rights of theindigenous group, sheadded.

Mahila ParishadleaderRakhiDasPurakayasthasaidthegovernmentwas yet to implement the Chittagong Hill Tracts Peace Accord,showing indifference to the ongoing movement of the indigenouspeople in thisregard.

The Daily Star, Wednesday, March 7, 2012

Culture of impunity behind continuedrepression on minorities, says Menon

Aprolonged cultureof impunity was behind the increase of murdersand other forms of violence against national minority communitiesunder direct patronisationof thegovernment, said a lawmaker of therulingallianceonTuesday.

Rashed KhanMenon, president of theWorkers’ Party of Bangladeshandchairman of theparliamentary standingcommittee oneducationministry, at a citizens’ rallyin Dhakacame upwith theobservation.

‘If sucha barbarianculture continuesto exist, it will lead to unrest inareaspredominatedbytheindigenousgroups. Unfortunately,thetruth

is that the government was patronising such crimes,’ he said,protestingthekillingforfourfarm-labourersin Mandain Naogaonandkilling of an 11-year-old girl after rape in Langadu in Rangamati byBengalis.

Menonalso said sucha grimsituationof thenational minoritypeoplewasalso theresult of denial of any constitutional rights.

The rally, heldat Swaparjita Swadhinatagroundat DhakaUniversity,was attended by rights activists, columnists, civil society membersandjournalists who alsodenouncedthe‘heinous’acts.

They said that no punishment to the perpetrators particularly who

committedcrimesagainstminoritypeoplesmadethe situationworse.DhakaUniversityteachersSyedAnwarHossainandRobaet Ferdous,columnist Syed Abul Maksud, Gana Oikya Committee convener Pankaj Bhattacharya, managingeditor of dailySamakal Abu SayeedKhan and organising secretary of Parbattya Chattragram JanaSanghati Samiti ShaktipadaTripura also spoke at therally.

Four farm-labourers, MaharamMardi, EliasMardi, Madan MadriandKrishna Madri were hacked to death by Bengalis in Manda of NaogaononMay4.

New Age, Wednesday, May 16, 2012 Online Edition

MEDIA REPORTS




V. PRESENT STATE OF

IMPLEMENTATION OF

THE CHT ACCORD OF 1997

• Provisions for appointing the officers and other employees and



V. PRESENT STATE OF IMPLEMENTATION

OF THE CHT ACCORD OF 1997

The Chittagong Hill Tract Accord (CHTAccord), popularly known as theCHT Peace Accord, was signed on 2 December 1997 between theGovernment of Bangladesh and Parbatya Chattagram Jana SamhatiSamiti (PCJSS) with anaimto resolve theCHT problembypolitical andpeaceful means.TheAccordpaveswayforthepeace,developmentand,opportunities of meaningful engagement of Indigenous Peoples withdevelopment in CHT. The mainfeaturesof theAccordareasfollows:

(A) General

• Recognitionof the CHT as a region inhabited bythe hill (tribal)people and preservationof thisfeature.

• Enactment of new laws and the amendment of existing laws,regulations and practicesto complywith theAccord

• Formationa Committee for Implementation of theCHTAccord.

(B) HILL District Council (HDCs)

• Provisionshavebeenmade to name thethree Hill District LocalGovernment Councils as Hill District Councils with a view tostrengthening them further and provisions have been made tointegrate amongothers thefollowing matters:

• Determinationof theNon-tribal (Bengali) permanent residents.

• Issuing the certificate of the permanent residents by the CircleChief.

• Preparationof theCHTvoter-list with thepermanent residents.

givingpriority to thehillmen(tribal) in givingappointment.

• Formulation,undertakingandimplementationof thedevelopmentprojectsandimplement all thedevelopmentactivitiesundertakenat thenational level through theHDCs.

• Entrusting the responsibility with the HDCs of the appointmentfromsub-inspectorstodownwardpositionsin thepoliceforce of

thehill districts and bring thedistrict policeunder theHDCs.• Provisions to prevent leasing, settlement, purchase and sale,

transfer, acquisitionof land without the prior permission of theHDCs.

• Special right of the HDCs in caseof the laws regardingtheCHTtobepassedbythenational parliament orany otherauthorities.

• Bringunder theauthorityof theCouncilsatotal of33activitiesor subjects(incorporating12newsubjects of theAccord) includingthe development and preservation of lawand order, land andlandmanagement,police(local), agriculture,forest, primaryandsecondary education,environment, health, culture,youthwelfareandAdivasi (tribal) customs etc.

(C) CHT Regional Council

Provisions have been made to forma Regional Council in coordinationwiththethreeHillDistrictCouncils(HDCs) withaviewto makingtheHDCsmore powerful and effective. Provisions have been made to bring thefollowing subjectsunder theRC.

• Overall supervisionand coordinationof thematters of HDCs.

• Supervisionand coordinationof thelocal councils includingthePourasava.

• Coordinationandsupervision of the general administration, lawandorder anddevelopment activities.

• Coordination of the disaster management and relief activitiesincluding NGOaffairs.

• Adivasi (tribal) laws and mitigationof social conflicts.

• Giving license for heavyindustry.


• General and overall supervision over the CHT Development • Exemptionof theloanstakenbythePCJSSmembers,reinstating



Board.

• Removal of inconsistencies of the CHT Regulation 1900 andother laws.

• Formationof InterimCHTRC.

• Framingof laws regardingtheCHTbythegovernment with dueconsultation withandadvice fromtheCHTRC.

(D) Rehabilitation, General Amnesty and other Matters

In order to reinstate thenormal atmospherein theCHT provisions havebeen made for rehabilitation, declaration of general amnesty and other relatedactivities. In thisregardprovisions havebeenmade to undertakethefollowing programs:

• Repatriationand rehabilitation of thehill refugeesin thecountryunder the20-point package.

• Rehabilitationof theinternal hill refugeesafter identifyingthemby

thetask force.• Ensure two acres of land to the hill families that are landlessor

own less thantwoacres of land.

• Formation of Land Commission led by a retired justice andresolvingthelandproblemsundertheexistinglaws,customsandpracticesin theCHT.

• Cancellation of theleases givenforrubber and otherplantationsto thenon-residents.

• Allocation of more financial resources ona priority basisfor the

development of CHT.• Continuingtheexistingquotasystemin thegovernmentjobsand

higher studies institutionsforthehill people.

• Patronization ofAdivasi (tribal) culture andheritages.

• Deposition of arms bythePCJSSmembers.

• Declaration of general amnesty to the members of the PCJSSand thepermanent residentsof CHT involvedwith theactivitiesof PCJSS and withdrawal of all cases lodged against them.

themin their jobs and ensuringtheir proper rehabilitation.

• Withdrawal of all the temporary camps of the military, Ansar, APBN and VDP except for the BDR camps and the permanentcantonments(threecantonmentsin threehill districtcentersandthree in Alikadam, Ruma and Dighinala) and fixation of atimeframe for withdrawal of temporary camps.

• Appointmentof thepermanent residentsof CHTgivingprioritytothe hill (tribal) people in all the jobs in the CHT.

• Establishinga ministry regardingtheCHT affairsat thenationallevel andappointingahill personasitsministerwithformationof anadvisorycommitteeto assist theministry.

Soonafter signingtheAccord,thethenAwami Leaguegovernment (1996-2001) implementeda fewprovisions of theAccord, including enactmentof lawsasper CHTAccord. Asa whole, most oftheprovisions, especiallythe key issues of the Accord, have either been left unimplemented or

partially implemented.

On the other hand, the 4-party alliance led by BNP has been opposingtheAccordfromtheverybeginning.In1997whentheAccordwassignedthey declaredthat they would terminate it once they cling to the power.When they formedthegovernment in 2001they didnot cancel thetreatybecause of the national and international pressure but they completelywithheld the implementation processof theAccord. Moreover, they hadviolated theAccordin many ways.

TheCaretakergovernmentledbyDr. FakhruddinAhmeddidnottakeany

effective initiative to implement the Accord. Although this governmentundertook quite a number of praiseworthy and rather brave stepsregardingsomeofthenationalissuestheyhavecompletelyneglectedtheimplementation of theAccordlike thepreviously electedgovernments.

Since assuming power bytheAwami League-led presentGrandAllianceGovernment of Bangladesh on 6 January 2009, government has beenreiterating its election commitment to fully implement the CHTAccord.Soon after assuming power, the government took few steps to haveinitiativeabout implementation of theCHTAccord. These werebasically


reconstitution of somecommitteesandappointmentof someposts. These CHT Accord. PCJSS claimed that during the signing of theAccord, in



include-

o reconstitution of Task Force on Rehabilitation of ReturneeRefugeesand IDPsbyappointing Mr. Jatindra Lal Tripura,ruling MPfromKhagrachari aschairmanof theTask Forceon23March 2009;

o appointment of Mr. BirBahadur Ushoi Sing, ruling MPfrom

Bandarbanas Chairmanof theCHTDevelopmentBoardon31March2009;

o appointment of retired justice Mr. Khademul IslamChowdhury as Chairman of the CHT Land DisputeResolution Committee on19July2009;

o reconstitution of CHT Accord Implementation MonitoringCommittee by appointing Ms. SyedaSajeda Chowdhuary,DeputyLeaderofParliamentasConvenor oftheCommitteeon19August 2009;

o declaration of withdrawal of 35temporary campsincluding

a bridge headquarters;o transferof 7offices/worksof previouslytransferredsubjects

in 2009and2012etc.

This yearearmarks thepassingof 15yearssincethesigning of theCHT Accord. Inthemeanwhile, thepresent GrandAllianceGovernment ledby Awami League that signed the Accord has already consumed almost 4years of its tenure. But as of today, except reconstitution of somecommittees and appointment to the some posts mentioned above, thegovernment has not stepped up any measure that is effective towards

implementation of the Accord. Despite its prioritized commitment in theElection Manifesto andcontinuedstrong demandof theJumma peoplesandthecivicsocietyofthecountry, thegovernment hasnot comeupwithatime-framed‘RoadMap’directingtoimplementationof theCHTAccord,1997.

Despite popular demand of Indigenous Peoples and civic groups of mainstreampopulations, inthefifteenthamendment oftheconstitution,thegovernment did not provideconstitutional safeguard to the CHTAccordincludingtheCHTRCAct 1998and three HDCActs1998enactedasper

response to the constitutional safeguard of the Accord, governmentargued that government was not able to provide constitutionrecognition/safeguardtotheCHTAccord, asat thattime,Awami League-ledgovernmentdidnothavetwo-thirdmajorityin theparliament toamendtheconstitution. However, if Awami Leaguegets two-third majority in theparliament, then it would provide constitutional recognition/safeguard tothe Accord. However, government fully ignored the commitment given

duringsigning of theAccord.

BasedontwoseparatecasesfiledbyBodiuzzamanin2000andAdvocateTazul Islamin 2007, the High Court Bench of the Supreme Court gaveverdict on 12-13April 2010 declaring the CHTRCAct and some of theimportant sections of HDC Acts to be unconstitutional and illegal. Thegovernment against the judgment of the High Court Division made anappeal, and the Appellate Division of the Supreme Court ruled a ‘stayorder’ for the verdict givenbythe HighCourt for sixweeks. Later on, thestayorderwasextendeduptothedatefixedforfilingregularAppeal case.Finally, aseven-member bench headedbytheChief Justice ruled a ‘stay

order’ for the verdict of the HighCourt until the settlement of the regular Appeal madeto theAppellateDivision. Itis amatter of graveconcernthatlackof seriousness of the government to speedy resolution of the said

Appeal has been evident.

Recognition of the CHT as “Tribal Inhabited Region”

CHTAccordstipulatesthat Government of Bangladesh andthe PCJSS,havingconsideredtheCHTregionasatribe-inhabitedregion, recognizedtheneedof preserving thecharacteristics of thisregionand attaining the

overall developmentthereof.

There has not beenanyinitiative bythe government sofar touphold theJumma national identityand toprotect thespecial character i.e. the tribal

character of the CHT region. It is worth mentioning that this provisionof theAccorddoesnot provide any concretemechanismto preservethesecharacteristics. Even theAccord itself is silent in regard to the Bengalisettler issue, which is very crucial with regard to the preservation andpromotionof therightsoftheregion’sIndigenousPeoplesrights.However,thereareseveralclausesin that Accordthat can betakenascontributing


to maintaining the region as ‘tribal inhabited’ and relocation of Bengali Variousanti-jumma policiessuchasrehabilitation of theBengali settlers



settlers outside CHT. Theseare-

(a) Definitionof Non-tribal Permanent Resident (Provision 3 of Part B)that shall actasabulwarkagainst theencroachmentof outsiders.

(b) Prohibition of land transfer, settlement, leasing andacquisition without prior approval of HDCs (Provision 26of

Part B) that shall restrict to obtain land ownership byoutsiders.

(c) Resolution of land disputes, arisen due to forcibleoccupation of land of Indigenous Peoples by the settlersduringinsurgencythroughLandCommission(Provision5&6 of Part D) that stipulates to return the lands to thelegitimate indigenous owners and to disallow the status of ‘permanent residents’ to thesettlers.

(d) Preparationof voterlist only with permanent resident of hilldistricts (Provision 9 of Part B) that shall also act as a

bulwark against themigrationfromplaindistricts.(e) Subject of ‘maintainingof the statisticsof birth and deaths’

bestowed to HDCs (Provision 34 of Part B) that shallmaintainactual list of permanent residentsof CHT.

(f) Issuance of permanent resident certificate by Circle Chief (Provision4ofPart B)thatshall prevent outsidersbecomingpermanent residentsin CHT.

(g) Appointment of permanent residentsof CHT givingprioritytothe tribalsto all theposts inCHT(Provision18ofPart D)that shall also help maintain the characteristics of tribe-

inhabitedregion.

These provisions mentionedabove arethemost crucial for preservationof theCHTas‘tribal inhabitedregion’. But noneof theseprovisions havebeen fully implemented. Instead, there have been constant efforts tocompromise this ‘special character’ of the region, which got specialimpetus during successive government after signing of theAccord. Theattempts to include the settlers as permanent residents are the mostburningexample.

brought in thousands fromdifferent plain districts for settlements in theCHTwiththepolitical designtounbalancetheexistingethnic compositionin favorof theBengalis, supporting thesettlers in carrying out communalattacks on the Jumma people, illegal land grabbing, inclusion of theBengali settlersandnon-indigenousoutsidersin thevoter list, issuanceof permanent resident-certificate by Deputy Commissioners and providingthe Bengali settlers with employment and other opportunities including

lease and settlement of land etc are adopted to destroy the special

character of theregion.

Enactment of new laws and the amendment of existing laws

CHTAccord refers to several measuresonsubstantivelegislationin theregion, including the enactment of new laws and the amendment of existing laws, regulations and practicestocomplywith theAccordonthebasis of advice and recommendations of the CHT Regional Council. Inline with this provision of theAccord, the Government passed the CHTRegional Council Act of 1998, theHill District Council (amendment)Act of

1998, the CHT Land Disputes Resolution CommissionAct of 2001 andtheCHTRegulation (amendment)Act of 2003.

However, the process of bringing necessary amendments to theconcernedActsin accordancewith theAccordhasremainedunattended.The recommendations onthenecessaryamendmentto thetheElectoralRoll Ordinance1982, theElectoral Roll Rules 1982, theCHTRegulation1900, and the Draft Rules on Social Forestry 2001 and the Code of Conduct for theNGOshave alreadybeen placedbefore thegovernmentbytheCHTRegional Council. But thegovernment has not respondedsofar in this regard, except effecting some changes (some provisions are

not indigenousfriendly) ontheDraft Rules onSocial Forestry2001.

Onthe other side, the CHT Development Board Ordinance, Forest Act,UnionCouncilAct, UpazilaCouncilAct, PourasavaAct,CHTTransit Rulesof1973,PoliceRegulationsofBengal of1943,theCHT(LandAcquisition)Regulation of 1958, Rulesof the CHT Bazar Fundof 1937etc. havenotyet beenamendedasperthetermsofCHTAccord. Inessence, therehasbeen no substantial progress in the process of bringing alteration,amendment and addition to therelevant laws, regulations and practicesin accordancewiththeCHTAccord.


Further, the various sectoral national policies, e.g. on Health, Women,F t L d E i t t t t b di l d d

functioning of these offices. In the meeting the issues of Land disputesd l d h ti ll di d Th Ch i f L d



Forest, Land, Environment etc. are yet to be correspondingly amendedinconsonancewiththespirit oftheCHTAccordto account forthespecialneeds and situations of region’s Indigenous Peoples. Most of thesepolicies contain contradictory and impractical, if not outright insensitive,provisions to the CHT. One of the examples is the Primary EducationPolicy that stipulatesspecific number of students’ enrollment in a schoolfor registrationwith thegovernment. The provisionis not appropriate for

muchof CHT, especially in remoteandhillyareas, whichareinaccessibleandsparselypopulated.

CHT Accord Implementation Monitoring Committee

TheAccordImplementationCommitteewasconstitutedin 1998 andheld6 meetings till 1 July 2001. But interestingly, no proceedings or minuteswere recorded and no steps had so far been taken to execute thedecisionstakenat thesemeetings.Infact,thecommitteetotallyremainedinactivesince2001.Therewasnosuchcommitteeduringthetenureofthefour party alliances (2001-2006) and the military backed caretaker

government (2007-2008).

The grand alliancesled byAwami Leagueformedgovernment followingthegeneralelection held on28December 2008and reconstituted, on25May2009, theCHTAccordImplementation Committee withMrs. SajedaChowdhury,thedeputyleader in theparliamentasits chairperson.Sincethen five meetings of the CHT Accord Implementation Committee wereheldduring thepresentgrand alliance government.

The first meetingof thecommitteewasheld in Rangamati on19August2009. It is reported that it was basically inaugural meeting of the

committee. This meetingdidnot discussdetailson theprovisions of theCHTAccord. That is why no decision has been brought out from thismeeting.

ThesecondmeetingoftheCommitteewasheldon26October2009attheofficeof DeputyLeader of theParliament in theJatiyaSangsad Bhabanin Dhaka. Decisionsweremade in thismeetingto set upthree separateoffices for the CHTAccordImplementation Monitoring Committee, CHTLand Commission and Task Force and to take effective measures for appointment of adequate staffs and providinglogistic support for proper

and land survey were emphatically discussed. The Chairman of LandCommission emphasized for the land survey at the moment. Mr. Bir Bahadur, MPand J B Larma, President of PCJSSin particular explainedthat unless land disputes were resolved through the Land Commission,land survey couldnot bearranged in CHT.

The 3rdmeetingof theCommitteewasheld at Khagrachari circuit house

inKhagrachari district on26 December 2010. It is learntthat decisionwastaken to identifyand list down theunimplementedissues of theAccord.Members of the Committee Mr. Jyotirindra Bodhipriya Larma and Mr.Jatindra Lal Tripura MP with thesecretarial support of ADC (general) of Khagrachari district were vested responsibility to prepare the list of unimplemented issuesandthenit wouldbeplacedbefore Prime Minister for necessarydirectionsandactions.

The meeting also decided to postpone hearing on land related appealsuntil the amendment of CHT Land Dispute ResolutionAct 2001 as per recommendations of CHTRCis made. It wasdecidedto placetheActfor amendment in theparliament’snext session.

The4thand5thmeetingsoftheCommitteeheldon22 January2012and28May2012basically discussedonthe13-pointproposalforamendmentof CHTLandDisputeResolutionCommissionAct andaccordinglyadoptedthemunanimously.

Thoughseveraldecisionswereadoptedinthemeetingsof theCommittee,but noactionhasbeentaken in this regardsofar. As a result, process of implementationoftheAccordremainsstandstill position.Onthe other, theCHTAccordImplementationCommitteehasbeenineffectiveso farduetomainly lack of political will of thegovernment to implement theAccord.

Three Hill District Councils

In response to thefive-point charter of demandsof thePCJSS, GeneralErshad government introduced three Hill District Local GovernmentCouncilsin three hill districtsin 1989. TheCHTAccordbuildsupontheseexistinginstitutionsandincludesprovisionstostrengthenthemwithmoresubjectsandfunctionschangingits namewithHill District Council (HDC).

On3, 4and5 May1998Rangamati Hill District Council (Amendment)Act1998, Khagrachari Hill District Council (Amendment) Act 1998 and


Bandarban Hill District Council (Amendment) Act 1998 were passedti l i th P li t i d t t th i th th

held. TheElectionRulesandElectoralRollsRulesof threeHDCshavenotb f l t d till t d Th 5 b i t i C il ( h HDC)



respectivelyin the Parliament in order to strengtheningthemas per theCHTAccordandthesewerepublishedinofficialgazetteon24May1998.

ThethreeHillDistrict Council (HDC)Actshavenotbeenimplementedfullyandproperly. Rather, theseActsarebeingviolatedin variousways.Sinceaftertheamendment oftheHDCActs,theRulesofBusinessoftheHDCsare yet tobeamended sofar.

Transfer of subjects

Outof68functionsunder 33subjectsoftheHDCs,only12functionshavebeentransferred partially to the HDCs sofar. But after the CHTAccord,no subject has been transferred to the HDCs during Awami Leaguegovernment in 1996-2001 and 2009-2010. However, Rangamati textilevocational instituteandofficeoftheyouthandsporthavebeentransferredto Rangamati and Bandarban HDCs on 30April 2006 during BNP-ledcoalition government. During the present grand alliance government(2009-2012), on 12 May 2009 Nursing Training Institute and on 29December2011YouthWelfareDepartmentweretransferredtoRangamatiHDCandKhagrachari HDCrespectively. Inaddition, on8November2012five functionsof institutes/works, namely Health EngineeringDirectorate(under Health andFamily Welfare Department); Bangladesh AgricultureDevelopmentCorporation(BADC)andCottonDevelopmentBoard (CDB)in Khagrachhari zone (under Bangladesh Agriculture ExpansionDepartment); Ramgarh Hatchery Farm(under Fisheries and LivestockDepartment)andGovernmentChild Home(ShishuSadan) (under SocialWelfare Department) were transferred. The most crucial subjects, suchas, lawandorder ofthedistrict, landandlandmanagement, police(local),secondary education, youth welfare, environment, preservation of

statistics ondeath-birth etc. areyet to betransferredto theHDCs.On 1-3July2012ameetingontransferof subjectsto theHDCswasheldatMinistryof CHTAffairswithStateMinister Dipankar Talukdar in thechair where Dr. Gohwar Rizvi, international advisor to thePrime Minister wasalso present. The meeting decidedto transfer all subjectsby 30August2012to theHDCs. However, noactionhas beentakenaccordingly.

Election of the HDCs & Voter List with Permanent Residents

Sincethe signingoftheCHTAccord, noelectionofthreeHDCshasbeen

been formulated till today. The 5 member interim Councils (each HDC)formedwith and headedbyruling party members havebeenfunctioningyearsafter yearsin undemocraticway. In fact, theseHDCs workwithoutany obligation and accountability to the people. They, instead of beingliable andaccountable tothepeopleandlaw, areleadingtheCouncils asper thegovernment directivesor asper thewayconduciveto their partypolitics.

HDCActs providethat the voter list in the hill districts shall bepreparedwiththepermanent residentsof theconcerneddistrictonly. Anon-tribal inthe CHT is eligible to become a permanent resident of this region whenheownslawful land propertyand lives here at a permanent address. Butmanynon-permanent residentswho frequent to CHT andspendmonthsonvariousprofessionalcallherebut donotmakeCHTastheirpermanentplaceof residency areincludedin thevoterlist to outnumber theJummavoters.

TheCHTvoterlist preparedby theElectionCommissionintheyear2000

and 2007-08wasnot in conformity with theAccord, Hill District Councilsand CHTRCAct, Article 119and 122 of the Constitution of the People’sRepublic ofBangladesh,Electoral Rolls Ordinance1982andtheRulesonElectoralRolls 1982. Evenwhenupdatingthevoter list commencingfrom15th June 2009, scores of Rohingyas in Lama, Alikadam andNakhyongchari upazila were includedasvoters.

Issuing of Permanent Resident Certificate

CHT Accord authorises Circle Chief to issue permanent residentscertificate. However, the authorities and concerned officials continue tointerpret that this provisionis applicable only to the election to the postsofthemembersoftheHillDistrictCouncils.Thematter doesnot endthere.The CHTMinistry, violating theAccord, issued anorder on21December 2000, authorising the Deputy Commissioners (DCs) of the three hilldistricts to issue “Permanent Resident Certificate”. An executive order cannot override any law passed in the parliament. The CHTRegionalCouncil stronglyobjectedtothismoveof theCHTMinistryandaccordinglyadecisionto cancelthisinstructionwastakenat ameetingof theAdvisoryCommittee on the CHT Affairs on 1 July 2001. But no order has so far been issuedcancelingthis controversial instruction.


It is mentionable that there is no provision of law in the countryi D t C i i i B l d h i l di th hill

CHTAffairs Ministry on 14 October 2000. Nevertheless, the process of i i l d ttl t f l d t t id h t b t d



empowering a Deputy Commissioner in Bangladesh including three hilldistrictsto issuesuch a certificate. The DeputyCommissionersareonlyauthorisedtoissuecitizenship certificatesunder the“Charterof Duties of DeputyCommissioners”.

District Police and Law and Order

CHTAccord authorises three HDCs to appoint Sub-Inspectors and allmembers of ranks subordinate of district police. Besides, as per the

Accord, “Supervision, maintenanceandimprovement of thelawandorder ofthedistrict” and“Police(local)”areincludedin theFirstScheduleoftheHDCActsas a functionof theHDCs. But nomeasurehas yet beentakento transfer the concerned subjects and functions to the HDCs for implementation. The higher authoritiesof thepolicecontinueto exercisethispower asbefore till today.

The provision of the Accord to give priority to Indigenous Peoples inappointment tothelocal policeforcescontinued tobeviolatedtill todate.Proposals calling upon the government to post the indigenous policepersonnel ondutyin theplainsto CHTasastopgapmeasuretostemthefragilelawandorder situation fromcrumbling has not beenheededtosofar. Of course, therehavebeensome stray cases of suchtransfer, whichwasnot of any use orsignificance byanycount.

Land and Land Management

CHT Accord prohibits transfer of land including leasing out, settlement,purchaseor sale, acquisitionwithout thepriorpermissionandconsultationof the concerned HDC. Supervision and control of the functions of Headman, Chainman, Amin, Surveyor, Kanungo and Assistant

Commissioner (land) arealsobestowedupontheHDCs. Besides, asper the Accord, “Land and Land Management” is included in the FirstSchedule of the HDCActs as a function of the HDCs. However, theauthority over the land management has not been transferred to theHDCs. The concerned authority is not respectful of complying with thelaw. It hasbeenobserveddisturbinglythattheDCscontinueto ignoreandviolate the circular issued by the Land Ministry on 17 July 1989 andinstructionby theCHTRC. TheDCsofthethreehill districtswereorderedto revoke this illegal settlement, lease or transfer of land issued by the

giving lease and settlement of land to outsiders has not been stopped.This trend still goesonunabated covertly.

CHT Regional Council

The legal and administrative systemin theCHT is separateand distinctfrom the other parts of the country. While not all the laws are in toto

applicable for CHT, there arealso laws whichareonly applicable for theCHT. The region has been enjoying this special status since the Britishperiod. The CHTAccord recognizedthisspecial statusof theregionwiththeintroduction of theCHTRegional Council (CHTRC) asanapexbodyof thisadministrativesystem. It was vested withthepowerof supervisionandcoordinationof thethreeHill District Councils (HDCs), lawandorder,general administrations, development programmes, CHT DevelopmentBoard (CHTDB), Coordination of NGO activities, disaster managementand relief operation, traditional and social justiceand thepower of givinglicense for heavyindustries.

Asper theCHTAccord, theCHTRCAct hadbeenpassedon6May1998.Mr. Jyotirindra Bodhipriya Larma took the responsibility of the InterimCHTRC as Chairman on 12 May 1999 and interim CHTRC started itsofficeon27Maythroughaceremonial functionorganizedon that occasionin Rangamati.

ThoughCHTRegionalCouncil Act waspassedin1998, but thisActis yetto beexecuted fullyand hence theCHTRCintroduced under thespecialgovernance system is yet to be institutionalized. The election of theCHTRCcouldnot beheldduringthe last 12years, astheHDCshavenotbeen formed as per the provisions of the CHTAccord. As per rule the

elected members of theHDCs shall elect thechairmanand members of theCHTRC.Thegovernmenthasnot yetapprovedtheRulesof Businessof theCHTRC.

CHTAccordprovidesthattheCHTRCshall coordinateall thedevelopmentactivities carried out bythe three HDC, and shall also superintend andharmonizeall theaffairs of and assigned to thethree HDCs. Besides, inthe event of lack of harmony or any inconsistency being found in thedischarge of responsibilitiesgivento thethree HDCs, thedecisionof theCHTRCshall final.


Thoughtheseprovisionshavebeenincludedin theAct,buttheauthorities(Deputy Commissioners Superintendent of Police HDCs CHT

appointedanindigenousMPnamedBirBahadurShweSingelectedfromBandarbanconstituencyaschairmanof theBoardon24March2009 but



(Deputy Commissioners, Superintendent of Police, HDCs, CHTDevelopment Board, Pourashavas, Upazila Council, differentDepartments, Directorates and Ministries of the Government) are notcomplying with and respecting the authority of supervision andcoordination of the CHTRC. It is mentionable that the Rangamati HDChad ignored the decision of the Regional Council on the correction of irregularitiesin appointing 71teachersin 1998. The CHTRChad givenadecision calling for cancellationof theappointment, reconstitutionof theappointmentcommitteeasperruleandappointment oftheteachersanewby re-conducting tests and interviews. The issue was raised with thegovernment, and theresponsibilityof givingdecisionontheissueasper lawwasvested with theCHTRC.The HDCstuck toits previousdecisionignoring thedecisiongivenbytheCHTRC. The Rangamati HDCtook nostep asyet.

CHTAccordauthorises theCHTRCtocoordinateandsupervisethe localcouncils, including the municipalities. But the union councils along with

other local government bodies, for example, the municipalities are notcooperative with the CHTRC as theActs regulating union councils andmunicipalities have not been amendedaccordingly to accommodate theprovisionfor CHTRCsupervision.

CHTAccordauthorisestheCHTRCtocoordinatetheactivitiesofthenon-governmental organizations(NGOs), in addition to disastermanagementand conduction of relief programs. However, thecoordinating role to beperformedbytheCHTRCwithregardto theNGOactivities remainstobeseenasofnow. Thedisaster managementandreliefoperationin theCHT,asin other parts of the country, is continuedto be controlledby Deputy

Commissioner sideliningtheCHTRCeven14years aftertheAccord wassigned. Thus the Ministry of Relief and Disaster management hascontinued to flout theAccord.

CHT Accord provides that CHT Development Board (CHTDB) shalldischarge dutiesassigned to it under thegeneral and overall supervisionof the CHTRC. The government, in appointing the chairman of theDevelopment Board, shall give preference to the competent tribalcandidates. ButCHTDBcontinuestodisregardtheauthority of theCHTRCwhile dischargingits functions. Thoughpresent grandalliancegovernment

Bandarbanconstituencyaschairmanof theBoardon24March2009,buttheBoardcontinuesto ignore theCHTRC’ssupervision.

Inmakinganylawin connectionwiththeCHT, thegovernmentshall enactsuch law in consultation with and as per the advice of the RegionalCouncil. But this legislative prerogative of the CHTRC largely remainsuntested especially in matters of such laws as are exclusively meant to

deal with the CHT issues. Otherwise, It is not uncommon that thegovernment, sometimes, without consulting the CHTRC makes, bygazettenotification, nationallawsapplicabletotheCHTwithout takingtheCHTperspectiveand its distinctivecharacter intoaccount. For example,the government introduced the Speedy Trial Act 2003, Women andChildren RepressionPreventionAct 2003, Small Ethnic GroupsCulturalInstituteAct2010in theCHTwithout consulting theCHTRC.

After assuming the power by the present Grand Alliance Government,opinion of CHTRConForest GoodsTransit Regulation, 1973, EducationPolicy2009andWater ResourcesAct,2009, weresenttothegovernment.

But the government took up no proper and effective measures in thisregard.However, someproposalsplacedbyRegional Council onNationalEducation Policy were included.

In addition, noopinion wasalso sought fromthe CHTRC onformulationof WildlifeAct and onamendment of theForestryAct that began in 2010.Beside this, also no opinion was sought from the CHTRC on PublicRepresentation Ordinance, 2008 (2nd Amendment), Local Government(Upazila) Ordinance, 2008, Local Government (Paura Sova) Act, 2009,LocalGovernment(UnionParishad)Act,2009andonformulationofSmallEthnic Groups Cultural InstitutesAct, 2010.

Enactingandintroducinglawswithout aninsight andunderstandingofthecontextmayprovedisastrousforthepeopleforwhomthelawsaremeantfor. Neither is the government amenable to anysuch recommendationssubmitted bytheCHTRConCHTissues.

Land Disputes and Land CommissionLanddispossessionoftheindigenousinhabitantsintheCHTisoneofthe


main issues for the CHTcrisis. The issue and the consequent disputesbecame morecomplex and accentuated with the implementation of the

nobodyof theCommission. The LandCommissionAct providesthat thesecretary of the Commission shall convene the Land Commission



became morecomplex and accentuated with the implementation of thegovernment-sponsored programme of rehabilitating Bengali settlers inCHT, beginning fromthe late 1970s. The region, as its name indicates,doesnot havemuch cultivableland, soinevitablymany of thesesettlerswererehabilitated onlandsearlier occupied bytheIndigenous Peoples.The particularlandtenurial systemintheregion,basedonthe customaryrightsandpracticesof theindigenous inhabitants further complicated the

matter. The indigenous owners, in many cases, do not have paper documents in difference to the other parts of Bangladesh, so thegovernment interpretedthesecases asland not possessed or owned byanyone.ThecombineoutcomehasbeenevictionofthousandsofJummafamilies fromtheir ancestral properties. The Accord gives recognition tothisproblemandstipulatesformationof aLandCommissionheadedby aretired justice to resolve the land disputes in accordance existing laws,customs andpracticesin CHT.

As per CHT Accord, by appointing retired justice Anwarul HaqueChowdhury as Chairman of the Land Commission on 3 June 1999, the

CHTLand Dispute Settlement Commission has formally been formed.Since then, foursuccessiveretiredjustices were appointed asChairmanof theLandCommission. However, theCommissionhasnot beenabletowork for settlement of land disputes. After ending the tenure of lastchairman Khademul Islam Chowdhury on 18 July 2012, the post of chairman of Land Commissionstill remainsvacant.

The League government passed the CHT Land Dispute ResolutionCommission Act 2001. However 19 provisions were found to becontradictory to the CHTAccord of which no measures for amendmenthas been taken by the government despite CHTRC’s submission of

recommendationsanddemand.

After assuming state power, the grand alliance government appointedretiredJustice Khademul IslamChowdhuryasthechairmanof theLandCommission in July 2009. After assuming in the office, Mr. Chowdhurystartedinadramaticfashion. Heundertooka lightningtour ofthethreehilldistrictssoonafterassumingin theofficeandconvenedmeetingsin threehilldistrictsforexchangeofviews.HeusedtheDCsofthethreehilldistrictto issue letter calling upon the members to attend such opinion-sharingmeeting which was totally irregular. It is worthmentioning that DCs are

secretary of the Commission shall convene the Land Commissionmeeting.

Secondly without convening any formal meetingof theCommission, thechairmanunilaterallydeclaredtoconduct landsurveyin theCHT. Despitethehugeprotestfromtheall sectionsofthecitizensincludingCHTRCandPCJSS and also three circle chiefs, the Chairman of the Commission

continues hisunilateral and controversial activities. In mid-July2010thesecretaryof LandCommissionissuedanoticeto theCHTAffairsMinistryand Land Ministry to conduct cadastral survey in CHTsoon; otherwisetheministrieswould bechargednon-compliance withcourt order.

It isworthmentioningthatSection2ofthepart DoftheAccordclearlyprovides,

“After the signing the Accord between the Government and the Jana

Samhati Samiti and implementation thereof and rehabilitation of the

tribal refugees and internally displaced tribals, the Government shall,

as soon as possible, commence, in consultation with the Regional

Council to the constituted under this Accord, the Land Survey inChittagong Hill Tracts and finally determine the land-ownership of the

tribal people through settling the land-disputes on proper verification

and shall record theirs land and ensure their rights thereto”.

As per the provision above, the decision by the Land Commissionchairman to undertake land survey beforefull implementation of the

Accord including completion of rehabilitation process and resolvingthelanddisputesisaclear violationoftheprovisionoftheCHTAccord.In any case he is not mandated to conduct land survey and thegovernment cannotgoforanyformof landsurveybeforefinally settling

the land disputes following proper verification, and record their landownershipandensuretheir rightsthereto.

Since after the appointment of present Chairman of CHT LandCommission, the only meeting was held on 27 January 2010 inKhagrachari. The meeting was ended without taking any concretedecision.On14 March2010SecretaryofLandCommissionMd.AbdulHamid issued public notice asking affected land owners to lodgeapplication onland disputeswith LandCommission. This noticewasissuedwithout thedecisionof theCommission.


Evenwithout decisionof theCommission,Khademul IslamChowdhuryone sidedlydeclaredto start hearing to settle land disputes He took

Caretaker Government led by Dr. Fakhruddin Ahmed did not take anyinitiativein thi regard



one-sidedlydeclaredto start hearing to settle land disputes. He tookupprogramme, in spiteof protestsbyPCJSSandotherorganizationsincluding civil society committee, to inaugurate hearing on cases of landdisputesinKhagracharion27December2010.Inameetingheldon 26 December 2010 in Khagrachari circuit house, CHT AccordImplementation Committee announcedpostponement of hearing oncases of land disputesat Khagrachari.

Writ petition on land survey in CHT filed with the High Court

InFebruary2011,Md.Jahangir Kamalandothersfiled awrit petitionwiththeHighCourt seekingadirectionupontheRespondents“toshowcauseasto whya directionshouldnot begivenupontherespondentstoperformthe land survey in CHT area according to the decision/resolution dated03.08.2009 and 07.09.2009 of the CHT Land Dispute ResolutionCommission.”It is learnt that Md.JahangirKamalisaleaderofCHTEqualRights Movement, a military-backed extreme nationalist and fanaticorganisation.

On2May2011,inthefirst hearing,theHighCourt askedthegovernmenttoexplain whyanordertoconduct alandsurveyin ChittagongHill Tractstostoplanddisputesshouldnotbeissued.Thecabinetdivisionsecretary,lawsecretary, CHT secretaryand 10othershavebeenasked to explainto thecourt within12weeks.

Amendment of CHT Land Dispute Settlement Commission Act 2001

On 12 July 2001, just the day before the handing over charge to theCaretakerGovernment, thepreviousAwami Leaguegovernmenthurriedly

passed the “CHT Land (Disputes Settlement) CommissionAct 2001” inthe parliament without taking into account the advice andrecommendations givenbytheCHTRC. Asa result, somany provisionscrept into the Act, which were contradictory to the CHT Accord anddetrimental to theinterest of theJumma people.

Thereafter theLand CommissionAct was vettedby the Ministry of Law Affairs and finally sent to the Prime Minister office. However, the thengovernmentdidnotamendtheLandCommissionActasrecommendedbythe CHTRC as well as agreed upon by both sides. Even during the

initiativein thi regard.

With thegrandalliance forminga new government in January2009, theCHTRC once again sent the recommendations to the government on 7May 2009 for consideration. Meetings over the Amendment at differentlevels are being held. But as of today, the contravening sections of the

Act remainasthey were. The followings arethe account of the initiatives

taken for amendment of the contravening sections of the CHT LandDisputes Resolution CommissionAct, 2001:

First meetingwas held with theland minister Mr. Rezaul KarimHira in thechair with theCHTRCdelegation in theland ministryon26August 2009. ThethreeAdditionalDistrictMagistratesfromthe three hill districts whowere also called, against the rule, toattendthemeetingopposedstronglytheproposedamendmentsin the Land CommissionAct 2001 despite the favorable standtaken by therepresentative from the Law Ministry. At last, themeeting ended without any conclusion. The drama that was

enacted in the Law Ministry was irregular in the sense thatopinion of thedistrict level officerswassought in framinglawbytheLawMinistryisunprecedentedandtherecanbe noscopefor fresh opinion after thevettingbytheministry itself.

The 2nd meeting presided over by the Minister Rezaul KarimHeera, Ministry of Land was held at the Land Ministry on 6December 2009. Another meetingheld on 06 December 2009with Land Minister in the chair was alsoended without fruitfuldiscussion. It is mentionworthy that in accordence with thedecision resolved in this meeting the CHTRC reviewed itsrecommendations onthecontravening sectionsof theAct in its49th Meetingheld on27April 2010.

The 3rd meeting presided over by the State Minister Dipankar Talukder washeld at thepremises of Ministry of CHTAffairson22 September 2010. In the meeting, apart from Mr. Dipankar talukder, werepresentthetwoother MPsof CHT, thethreeCircleCheifsandtherepresentativesofRegionalCouncil. Themeetingcould concludeinconsensusto bringamendmenttosomeofthecontravening sections of the Act and decision was taken to


submit theresolutions to theMinistryof Land&Environment. meetingwaspresidedover byMr. Rezaul KarimHeera,Minister of Land Ministry wherein as before called were includingthe



Again, 4th meeting on 10 October 2010 for opinion sharing onSettlement of Land Dispute and Land Survey in CHT held inRangamati chaired by the Land Minister Rezaul KarimHeera.Three MPs of the CHT region, CHTRC chairman, three HDCchairmen and three Circle Chiefs werepresent at themeeting.Decisionwas takentoamendthe CHTLandDisputeResolution

CommissionAct 2001 asper recommendations of the CHTRC.However, it is yet to beimplemented.

Asper thedecisionstakeninthesaidmeetingheldinRangamati,theConvenor of CHTAccordMsSajedaChoudhury, theMinister ofLandMinistry, ThreeMPsfromCHTandthe Chairmanof CHTLand Commission called on the Prime Minister Sheikh Hasinaon21 October 2010, whichcanbetermedas 5thmeeting.Inthediscussion with them, Prime Minister Hasina said that the landdisputes in CHT will bedisposed of first and thenthe surveyof land will be carried out as per the CHT Accord. Being so, the

contravening sections of the CHT Land Disputes ResolutionCommissionAct, 2001 have not yet been amended.

In the meetingof the CHTAccordimplementation ObservationCommitteeheldon 26December 2010, it wasdecidedtoget thecontravening sections of the CHT Land Dispute ResolusionCommissionAct wouldbeamendedin thefollowingsessions of theparliament. It is mentionable that themeetingalso decidedthat the one-sided activities of the Chairman of CHT LandCommissionandall other activitiesof theCommissionwouldbepostponed untill the said contravening sections of theAct areamended.

Havingfinalized after sortingout and scrutinizing jointly with theCHTRC, a 13-point amendment proposal was prepared in theformof BillandsenttotheMinistryofLand& Enviroment throughMoCHTAto get it passedin theParliament.

The Ministry of Land, instead of placing the said 13-pointamendment proposal Bill finalized by MoCHTA before theParliament, called a meeting in the ministry to review and sortout the said amendment Bill proposal on 11 August 2011. The

of Land Ministry wherein, as before, called were includingtheofficials from Land, Law and CHT Affairs Ministry, therepresentatives of the Deputy Commissioners of the three hilldistricts. Right fromthe very beginning, thesaid officialsbeganto opposetheproposed amendment bill. TheAdditional DeputyCommissioner (Revenue)of Rangamati districtraisedpoliticallymotivatedargument sayingthatif theproposedamendmentwas

passed in the Parliament, it would harm thesovereignty of thestate.Findingnoalternative,finally it wasdecidedto sendto theCHT Accord Implementation Monitoring Committee for finaldecision whether the Act will be amended. This decision wasnothing but to make time killing.

The 13-point proposal for amendment of CHT Land DisputeResolution Commission Act was adopted in the 4th and 5th

meetingsof CHTAccordImplementation Committee heldon22January2012and 28May2012.

Finally, the 13-point proposal for amendment of CHT LandDispute Resolution Commission Act was also adopted in theInter-ministerial Meeting held on 30 July 2012 with the LawMinisterBarrister ShafiqueAhmedin thechair.

13-point proposal for amendment of CHT Land Dispute

Resolution Commission Act are as follows:In addition to the amendment of the Land CommissionAct, there is thenecessity of making theRules of Business of the Land Commission for proper functioningoftheCommissionandits Secretaryandotherofficials.

Uptill now, nostephasbeentakenbythe GoBregardingtheRulesoftheBusiness of theCommission.





stipulateswithdrawal of these campsexcept six larger cantonments.

C f f f



Theissueof disposal ofthedisputesoverlandshaslandedinanextremeuncertainty. It isbecauseof non-settlementof thedisputesoverthelands,every now and then, conflicts and communal riots are being occuredinCHT centeringtheissueof theland disputesand theprocessof forcibleoccupationof landsbelonging to theJummasis goingonunabated.

Dismantling of temporary camps

The CHT washeavily militerisedduringinsurgencywith reportedlymorethan114,500personnelof thearmy, BDR,APBN,Ansar andNavyforces,

not takingintoaccount VDPsandPolice,deployedin CHTregion. Expertsestimatethenumber ofarmypersonnel inBangladeshasvaryingbetween

80,000 and 90,000 (excluding navyand air force) plus 55,000 to 80,000paramilitary forces(includingarmedpolice). Theystationedinaround543

temporary camps and large permanent garrisons. The PeaceAccord

CHT Accord stipulates that immediately after return of the members of

PCJSS to normal life, all the temporary camps of the army, theAnsarsandthe VillageDefenceParty(VDP),exceptingtheBorder Security Force

(BDR)andpermanent armyestablishment(beingthosethreeat thethree

district headquarters and thoseat Alikadam, Ruma and Dighinala), shallbe takenback by phasesfromCHT to permanent cantonments and the

time-limit shallbefixed for itspurpose. Incaseof deterioration of the lawand order situation, in time of normal calamities and for similar other

purposes, Army Forces may bedeployed under theauthority of thecivil

administrationin adherencetoLawand Rules asareapplicable toall theother parts of the country. In this respect, the Regional Council may, in

order to get therequired or timelyhelp make requeststo theappropriate

authority.”

However, notime limit has beenfixed forcompletionof thewithdrawal of

camps. It is tantamount to delaying the process of withdrawal. PCJSS

claimsthat 31armycampsout of543haveso farbeentakenback[asper

letter dated15.4.99 and dated10.6.99]. But thegovernment claims thatmore than two hundred camps have been dismantled. Following theformation of a newgovernment bythegrandalliance a total of 35camps

includingabrigadewerewithdrawn. But it is allegedthatAPBNhavebeen

re-deployedat least 5 campsout of 35campswithdrawn.

Anorder issuedin 1973for clampingmilitaryadministrationin theCHThas

in effect never beenrescinded. It wasreplacedwith “Operation Uttoran”

(OperationUpliftment) on1September2001inthepost-Accordperiod.Asa result, the army continues to involve itself in the civil administration

hindering normalcyfromreturning.Whatis uncontestable is theomnipresenceof themilitary forcesandtheir gripontheoverall administrationof theregion, evenafter 14yearsof the

Accord. The opinions of the armed forces usuallytend toprevail on mostof thekeydecisions and it some cases they havetakenoversome of the

positionswhichtheyrelinquishedfollowingtheAccord. Onthe other, they

still continue the counter-insurgency programmenamed “ShantakaranPrakalpa” (PacificationProject).


Cancellation of Land Leases

Huge tracts of land were given lease to non indigenous outsiders in

Rehabilitation of the Returnee Jumma Refugees

Following the communal attack and massacres in 1986 throughout the



Huge tracts of land were given lease to non-indigenous outsiders in19980sand1990sfor rubber plantationandother commercial purposes.

Around 2000 plotscovering 50,000 acres of land have been given leasein three hill districts. Till today, noaccurate informationis available astotheexact amountof landsleasedforsuchpurposesandhowtheselandsarebeingused.TheAccordprovidesthat out of thelandsallotted tonon-tribal and non-local persons for rubber and other plantations, the lease(allocation) in respect of the lands of those who did not undertake anyproject during the last ten years or didnot properly utilize the landsshallbecancelled.

The ParliamentaryStanding CommitteeontheCHTAffairs Ministry in itsmeeting at Khagrachari and Rangamati held on 20 July 2009 and 18

August 2009 respectively decided tocancel those plotswhich remainedunutilizedformorethan tenyears.Accordingly, asper claimedbytheDCof Bandarban district, about 593 plantation plots so far have beencancelled. But to the utter frustration of the CHT people, the Deputy

Commissioner of Bandarban district hasrecently reinstatedmost of theplots to theowners.

On the other hand, allotments of land under this category continueunabatedbytheauthorities.TheDeputyCommissioneroftheBandarbandistrict continues to give hundredof acresof land in leaseto theoutsider non-tribal Bengali people in violation of theconcerned provisions of theCHTAccord.

The DCs continue to ignore and violate the circular issued by the LandMinistryon17July 1989and instructionbythe CHTRC. TheDCs of thethreehill districtswereordered to revoke thisillegal settlement, leaseor

transfer of land through a letter issued bythe CHTAffairsMinistry on14October 2000. Nevertheless, theprocessof givingleaseand settlementof land to outsiders has not been stopped. This trend still goes onunabatedcovertly.

Thus, theIndigenousPeoplesin theCHTareonthevergeoftotal evictionfromtheir ancestral landwherethey havebeenliving andcultivatingJum(traditional shiftingcultivation) fromgenerationto generation.

Following the communal attack and massacres in 1986 throughout theKhagrachari district, more than 60 thousands indigenous persons tookshelter in Indiaasrefugee.Later,followingtheLogangmassacrein 1993,another20thousandsjoinedthemintherefugeecampsintheIndianStateof Tripura.

The government signed two separate package agreements with the

leaders of theJumma refugeesfor their repatriationto Bangladesh. Thefirst one wasthe16-point PackageAgreements signed in 1994in IndianState of Tripura followingwhich 379 families (1841persons) in February1994 and in July 1994 another 648 families (3345 persons) wererepatriated.

The Second and last package was the 20-Point PackageAgreementsigned on 9 March 1997 between the government and Jumma refugeeleaders at Agartala of Tripura State of India with the leaders of therefugees. Asperthe CHTAccordandthe20-Point PackageAgreement,the Jumma refugees numbering about 12,222 families with a total of

64,609 personsreturned to theCHTfromtheTripura State of India.But asper statement of CHT Returnee Jumma RefugeesAssociation, atotal 9780 families could not to go back to their own homesteads, farmlands and native villages as they could not be reinstated in their original/rightful lands which were already occupied by the settlers. Theprospect ofrehabilitationis shroudedinuncertaintysincethen. 40Jummavillagesarestill under theoccupationof thesettlers. 890 familiesdidnotreceivemoneytobuybullockfor cultivation.6government primaryschoolsshiftedduringtheinsurgencyperiodto newplaceswerenot broughtbackto their original sites. 5 bazaars relocated to the places with settlers

populations were not reinstated in their former locations. 7 templesremained under settlers’ occupation.

Rehabilitation of Internally Displaced Persons (IDPs)

During theinsurgency, thousands of Jumma peoples wereevicted fromtheir ancestral homes. These include persons who did not cross theinternational border but remained within Bangladesh. TheCHT Accordidentified them as Internally Displaced Persons (IDPs). The Accordprovidedfortherehabilitationof thisIDP, after identifyingthem, througha


TaskForce. However, thistaskremainstobeaccomplishedevenafter14years. The first Task Force formed immediately after the Accord was

meeting on the rehabilitation of 26 India Returnee Refugee families,arrangements were made through the Khagrachari HDC to rehabilitate



yea s e st as o ce o ed edatey a te t e cco d asheadedbyDipankarTalukdar,thethenMPfromRangamati constituencyand now heading the CHT Ministry in the capacity of a state minister,declaredsome38,156Bengali settlerfamiliesalongwithmorethan90,208indigenousfamilies asinternally displaced people in the11thmeetingof theTask Forceheld unilaterallyon15th may2000. The meetingwasnotattended by representatives of PCJSS and Returnee Jumma Refugee

WelfareAssociation(RJRWA) whowalked out of the9thmeetingof theTask Forceheld on22September 1999in protest against temperingwiththedefinition of the“Internally DisplacedPeople” bysome CHT Ministryofficial. Theyalso issued a joint pressrelease onthematter.

Violatingthe terms of theAccord, a letter dated 19-07-1998wassent totheTask Force fromthe Special Affairs Division directing to rehabilitatetheBengali settlersidentifyingthemasIDPsin CHT. Consequently,thoughthe issue of rehabilitation of the internally displaced tribal families, thegovernment also took initiativeto rehabilitatetheBengali settlerfamilies.

In June 2000 and September 2010, PCJSS submitted to the PrimeMinisterandthe Convenerof theCHTAccordImplementationCommitteea memorandumcalling for cancellation of the process of identifying theBengali settlersas internallydisplacedpeopleandwithdrawal of theletter dated 19th July 1998 issued to the Task Force by the Special AffairsDivision instructing rehabilitation of the “internally displaced non-tribalpersons”. It wasalso demanded for honorable settlement of theBengalisettlers outside theCHT.

The Task Force became dysfunctional as the term of the previousgovernment ended on 13th July 2001. On a repeateddemand fromthePCJSS, the BNP government appointed, on 29th October 2004, Mr.SamiranDewanasthechairmanof theTaskForce. TheTaskForce, after it wasreconstituted, had four sittingson22ndApril, 27th May, 25th Julyand21st November respectivelyin theyear2004. On3rdJune2007, theTask Force had another meeting at the Khagrachari circuit house.However, thesemeetingscould notmakeanybreakthroughon theissue.Onthecontrary, Mr. SontoshitaChakmaBakul,theleaderof theReturneeJumma Refugee Welfare Association, was arrested as soon as heemerged fromtheTaskForceCommittee meetingonchargesnotknowntoany. Moreover,despiteanydecisiontakenin theTaskForceCommittee

g g gthem, in violationof thetermsandreferenceoftheTaskForceCommittee,ona land which belongsto one Ranajit KumarTripura, a member of thePCJSS.

After the assuming tothe statepower, Awami League-led GrandAllianceGovernmentappointedMr.JatindraLalTripura,MPfromKhagrachari, as

Chairmanof theTask Forcein March 2009. Followingthereorganizationof the Task Force, three meetings were held on 5th October 2009 and27th January 2010 at Khagrachari Circuit House and on 26th January2011 at Chittagong Circuit House. In the meetings the agenda for discussionbasicallywere–(i) determinationoftheprocessforidentificationofinternal refugees, (ii) inclusionof therealinternal refugees,(iii) 20-pointPackageFacilities, (iv) holdingof monthly meetingsof theTaskForce, (v)field-level visit of theTask Force and (vi) discussion on huan resourcesandfund. Inthemeeting, theproposal ofexclusionof theBengali settlersfrom the list raised by the PCJSS representative was opposed by theChittagongDivisional Commissioner,theofficer of MoCHTAandthe Task

ForcememberMd. Shafi. Inthismoment, theTaskForceChairmancameupwithanopinionon the issuestatingthat the matter should beleft withtheAccordImplementation Committeeto decide. On theother hand, theproposal of enhancingthenumber of Task Forcemembers raisedbythegovernment executive officers was opposed by the representatives of PCJSSandReturnee JummaRefugees.

It is clear that government side is still following the previous policy torehabilitate Bengali settlers in CHT identifying them as IDP which iscontradictory to the CHT Accord and the spirit of the movement of theindigenouspeople. Asa result, therehabilitationprocessof thetribalIDPs

has ended in standstill situation.

General Amnesty and Withdrawal of Cases, and Surrender of Arms

and Rehabilitation of the Ex-combatants

Asper theagreement,thePCJSShadcompliedwiththisprovision.Atotal1947 armed cadres of the PCJSS have deposited their arms andammunitionsfrom10Februaryto5May1998andits armedwing–ShantiBahini (PeaceForce)hasbeen dissolved.


In accordance with the Accord, the ex-combatants were provided Tk.50,000 each. A total 64 PCJSS members have been reinstated in their

Ministry of CHT Affairs

CHTAffairsMinistrycameintoexistencewitha minister fromthetribal But



,previous jobs out of 78 members and the remaining 14 are still to bereinstated. Besides, more than 600 ex-combatants were recruited asPolice Constable and11 asTraffic Sergeant.

The governmentdeclaredamnestyfor all PCJSSmemberswhoreturnedtonormallife.In1998thePCJSSsubmittedtothegovernment alistof844casesfiled against 2524of its membersandpermanent residentsof CHTfor withdrawal. Threedistrict committeesonwithdrawal of casesheadedby Deputy Commissioner shorted out 720 cases and recommended towithdrawthem. Accordingly these cases were sent to Home Ministry totake necessary measures for withdrawal of the cases. However,governmentdidnotanysteptowithdrawthe720casesrecommendedbythe three district committeeson withdrawal of cases, though 14 yearshave passed since the signing of thisAccord. Moreover, thecases filedagainst thePCJSSmemberswiththeMartialLawCourt werereviewedtowithdraw so far. Consequently, the members of the PCJSS, who werechargedin criminal cases duringtheperiodof insurgency, arestill being

subjectedto systematic harassmentsin various ways.Though CHT Accord provides to exempt all loan taken by the PCJSSmembers, but the Ministry of CHT Affairs has taken no step regardingapplicationsby4 PCJSS members forexemption of loan amounting to atotalof Taka22,783.Theex-combatantssubmitted 1,429self-employmentprojects tothe government. But any followupactionis yet tobetaken tothis decision.

Appointment of Permanent Residents in Services of the CHT

CHTAccordprovidesthat against all thepostsof officers of all ranksand

employees of different classes in government, semi-government, localgovernmentandautonomousbodiesof theCHT, thepermanent residentsoftheCHTshallbeappointed, subjecttoprioritybeinggivento thetribals.

But nostephassofar beentaken bythe government for inclusionof thesaid provision in the concerned appointment or service rules andregulationsof the ministries to beput into practice in the CHTregion.Asa consequence, the outsider Bengali settlers are encroaching upon allemploymentfacilities createdfor thepermanent residentsof CHTincludingJumma people.

CHTAffairsMinistrycameintoexistencewitha minister fromthetribal. ButwhenBNPwasvotedto power toformthegovernment, theCHTMinistrywasrunwithoutafull-fledgedminister.Atribalmemberofparliament(MP)was appointed as deputy minister to the ministry, while the post of thecabinetministerwasretainedbythePrimeMinister. DuringtheCaretaker GovernmentledbyDr. FakhruddinAhmedanon-indigenousAdviser wasappointed to look into the CHT Ministry. Later, in 2007 Chakma CricleChief RajaDevasis Roywasinductedto takecareoftheCHTMinistryasSpecial Assistant to the Chief Adviser with the rank and status of stateminister. After 2008 election, having won absolute majority in theparliament,theAwami Leagueformedthegovernment.Dipankar Talukder,MP from the Ramgamati constituency was given the charge of theMoCHTAwiththerankandstatusof aStateMinister.However,theAccordenvisagesa full ministerforthesaid ministry.

But the CHT Ministry is unable to exercise its powersand carry out itsresponsibilitiesas per therules of business. The critical point to begivenseriousthoughtinrespect oftheMinistryis that99%of itsstaffsare non-indigenouswhodo not hail fromtheCHT.Asis natural, theyhavenoideaabout the CHT people and the administration of the region. As a result,theyare often found to takestands, which goagainst the interest of thehill people.

The MoCHTA has anAdvisory Council which met only twice during theincumbencyofthecaretaker government withnoresult onrecord. Withtheformation of the new government on 6 January, 2009, the AdvisoryCommittee had a sitting a fewmonths back. But no positive result wasbrought out fromthismeeting.

InJanuary2010CHTAffairsMinistryissuedacontroversial letter tothreehill districtsaskingnot tousethewordAdivasi (indigenouspeople),rather to use Upajati (tribe/tribal). The letter also motivatedly said that sometribal/indigenousleaders with thesupport of westernChristianstate triedto buildanindigenous stateclaimingthemselvesasIndigenousPeoples.

Agitation was sparked inCHTforthis letter.

Other matters and issues

Therearesome crucial matters agreed up in theAccord. These include

Human Rights Report2012 onIndigenous Peoplesin Bangladesh

181 182HumanRights Report 2012 onIndigenous Peoplesin Bangladesh

settlementoftwoacresof landwiththelandlessJummapeople, allocationoffundfor developmentin theCHT, quotareservationandscholarshipfor



p q ptheJumma students, patronage to tribal culture, traditions andcustoms.

No action has been taken for settlement of two acres of land with thelandless Jumma people. On the other, funds allocated to the CHTinstitutions remain far frombeing adequate.

The government, even long before the signing of the CHTAccord, has

been providing reservation in government jobs for the indigenouscandidates and admission quota in educational institutions for theindigenous students. With regardto theadmission quotefor indigenousstudents, thereisnocoherent policyandtheentireissueisoftenembroiledwithbureaucratic interventions.

Recently by adopting anArticle on “protection and development of theunique local culture and traditionof the tribes, minor races, ethnic sectsandcommunities” in the15thamendmentoftheconstitution, governmentsuperficially recognised the need to preserve culture of IndigenousPeoples. However, the government seems to have no systematic and

coherent policyand undertakings in thisregard.

human rights report-2012 on indigenous peoples in bangladesh-supported by oxfam

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