Article

Implementation of CHT Peace Accord: Will they, won’t they?

In response to the recommendation made by Norway and Australia, during review of Bangladesh under the Universal Period Review (UPR) on 3 February 2009, to fully implement the Chittagong Hill Tracts Accord of 1997 “as a matter of priority and develop a time frame for its full implementation”[1] , the government of Bangladesh has stated - “Bangladesh accepts the recommendation, and is in the process of full implementation of the Accord. Most of the provisions of the CHT Peace Accord have already been implemented. The rest will be implemented within the shortest possible time within the framework of the Constitution of Bangladesh.”[2]

A decade has passed since signing of the CHT Peace Accord in 1997 but Dhaka kept on dilly-dallying its implementation. With the fresh assurances made by the government of Bangladesh at the United Nations, the question is: will they, won’t they?

I. Claims of implementation of CHT Peace Accord: Little truth, all lies

The statement of Bangladesh before the Working Group of UPR of the Human Rights Council that “Most of the provisions of the CHT Peace Accord have already been implemented” is false and misleading. There can be little truth in that statement as few of the provisions of the Accord today actually stands fully implemented.

For example, the government of Bangladesh could claim that it has implemented Section 17 (a) of Part D of the Accord which requires that “[….] all the temporary camps of the Army, the Ansars and the Village Defence Party (VDP), excepting the Border Security Force (BDR) and permanent Army establishment (being those three at the three district headquarters and those at Alikadam, Ruma and Dighinala), shall be taken back by phases from Chittagong Hill Tracts to permanent cantonments and the time-limit shall be fixed for its purpose […]” or that the CHT Land Commission had been constituted to resolve the disputes involving land. But the fact is that in the last 11 years of signing the Accord, the CHT Land Commission is yet to become functional. Needless to say, it has failed to adjudicate even a single case of land dispute. As a result, thousands of indigenous peoples in CHT remain landless citizens. A total of 9,780 families out of total 12,222 Jumma families who returned from India following the CHT Peace Accord have not got back their lands, orchards or gardens and homestead, occupied by the illegal settlers as well as by the Bangladesh military. Ironically, some 38,156 nontribal Bengali settler families have been identified by the Task Force Committee as “internally displaced persons” in CHT while about 10,000 tribal IDP families were left out by the Task Force Committee. Only 90,208 indigenous Jumma families were recognized as IDPs. Clearly, by including the non-tribal people, who in the first place were brought into the CHT to capture the lands of the indigenous Jummas, the government sought to legitimize their settlement in the CHTs. While the Jumma IDPs were not provided any rehabilitation or food aid, educational facilities, health care services, sanitation and safe drinking water etc, illegal settler families have been provided free rations and other facilities by the government since 1978.[3]

The Army continued to remain the de facto rulers of CHT and they are the worst violators of human rights of the indigenous Jummas. Only 31 military camps of the estimated 520 temporary camps have been withdrawn although the CHT Peace Accord states that “all the temporary camps of the Army, the Ansars and the Village Defence Party (VDP)” would be withdrawn in a time bound manner. The inability to respect the civilian rule and democratic rights of the indigenous Jummas of CHT is evident from the fact that no election was held in the three Hill District Councils of Rangamati, Bandarban and Khagrachari since 1989. Even the CHT Regional Council established in 1998 did not have any elections. Both these three Hill District Councils and the CHT Regional Council continued to be governed by people nominated by Dhaka.[4] The all powerful Army rules the roost and they have the authority to intervene in civil matters under the executive orders of “Operation Uttoron” (Operation Upliftment) in CHT.[5] Non-implementation of the Accord has left the indigenous peoples in CHT marginalized, impoverished and their human rights incessantly violated.

II. Recent human rights violations by the Army

The Army personnel have been responsible for systematic and widespread human rights violations against the indigenous Jummas of CHT. Raids, torture, arbitrary arrest and detention of innocent Jumma civilians are the order of the day in CHT. Army conducts its operations without any accountability and any dissent voice is suppressed. For example, the Army summoned the reporter of Daily Star Jasim Majumder and threatened to take action against him after he reported in the daily on 18 June 2009 about the protest rally organized by indigenous peoples against land grabbing by the illegal settlers in Khagrachari on the previous day.[6] For all its atrocities the institution of the Army and its personnel strike fear into the minds of the Jummas.

Some of the instances of abuse documented by AITPN in the recent months are given below.

a. Raids and torture

The Army conducts frequent raids upon the Jumma villages. Illegal arrests, torture and other forms of human rights violations against the Jummas are inexorable parts of such raids.

At least one jumma villager was tortured to death in the custody of the Army in the last one year. On 7 July 2008, a Jumma villager identified as Niranjon Chakama (40 years), son of Lalit Kumar Chakma was tortured to death in Army custody in Belaichari under Rangamati district. A group of Army personnel from Kangarachari Army camp raided the house of Niranjon Chakma at Nareychari village under Kangarachari Union. The soldiers reportedly found a copy of the Pitribhumi, mouthpiece of the Students and Youths Against Land Aggression and took him to the Army camp. There he was tortured to death.[7]

On 27 June 2009, the Army raided two Jumma villages of Manji Adam and Gongotyatoli under Fatikchari Union of Kawkhali Upazila. At least one Jumma villager identified as Sona Ram Chakma, a farmer, was allegedly tortured during the raid at Manji Adam.[8]

On 13 April 2009, the Army personnel beat up Monang Dewan, an elected Councilor of Khagracahri Municipality, at Zero Mile check post. Mr Dewan had gone there to enquire into an allegation that the Army at the check post was providing shelter to some miscreants who had kidnapped a Jumma woman.[9]

On 23 September 2008, a Jumma youth was arrested and tortured during an Army raid at Down Nuopara village in Belaichari in Rangamati district. The raid was conducted by a group of Army personnel led by Captain Tanvir of Merangchari Army camp. The Army personnel picked up Hiro Chakma alias Ranjan (20 years), son of Lakshmi Chakma from his home, beat him up and then took him to the camp. He was released on 24 September 2008 without any charge.[10]

On 4 August 2008, a group of about 30 - 40 Army personnel from Dhupchari camp went to the house of Tonnyapu Tonchongya, son of Kangchandra Tonchongya in Downpara. They demanded a few chickens from him. When Mr. Tonchongya refused, the soldiers took him to Downpara Government Primary School premises, blind folded him and beat him up resulting in the fracture of his right leg. Thereafter, the army personnel forced the local village chief, Anil Chandra Tonchongya and Doctor Priya Dorshi to sign a statement stating that Mr. Tonnyapu Tonchongya got his leg fractured while trying to flee.[11]

Even the women were not spared during such Army raids. On 10 February 2009, four Jumma villagers 2009, four Jumma villagers identified as Chokkya Chakma (45 years), his wife Sneha Moyee Chakma (35 years), their daughter Bali Chakma (20 years) and Jagadish Chakma (70 years) were tortured by a group of 26 Army personnel led by Lt. Col. Sharifuddin Ahmed during a raid in Bot-toli village under Lakshmichari Upazila in Khagrachari district.[12]

b. Illegal arrest and unlawful detention

The Army personnel have been responsible for illegal arrest and unlawful detention. Often the arrests took place during raids upon the indigenous Jumma villages.

On 7 May 2009, Army personnel from Baghaihat Zone reportedly arrested five Jummas from Gulokmachara and Nuopara villages in Rangamati district. Four of those arrested have been identified as Gharbenga Chakma (26 years), Jibonneye Chakma (41 years), Phara Hulo Chakma (42 years) and Biju Kumar Chakma (age unknown). The reason for their arrest was not known. Earlier the Army had issued ultimatum to the Jumma peoples to release two unnamed Bengali settlers who had allegedly disappeared. It is believed that the five Jummas were arrested in this connection. However, they were released without any charges.[13]

During a midnight raid by the Army on 13 April 2009, Army personnel arrested two innocent Jumma villagers from Duluchari Headman Para village in Kudukchari of Rangamati district. The arrested Jummas were identified as Gyana Ranjan Chakma (40 years), son of Punong Dhan Chakma and Elin Chakma (22 years), son of Dayal Krishna Chakma. They were reportedly taken to Kudukchari Army camp and tortured. However, they were released the following day at the intervention of the village elders. The Army however did not return the photographs contained in a photo album which the Army had seized during the arrest of one of the victims.[14]

On 18 March 2009, a group of Army personnel from Kudukchari camp raided Kabukchari village under Rangamati district and arrested Amal Chakma (45 years) and Dharma Chan Chakma (45 years). They were reportedly taken to the Kudukchari Army camp. No reason was provided for their arrest.[15]

On 15 March 2009, the Army arrested three innocent Jumma villagers identified as Shanti Ranjan Chakma (45 years), son of late Ram Charan Chakma, Amar Singh Chakma (40 years), son of Biro Sen Chakma and America Chakma (45 years), son of Kalabiza Chakma from Sarnath Arannyo Kuthir (Buddhist temple) area in Karallyachari under Mahalchari Upazila in Khagrachari district. They were arrested by Warrant Officer, Md. Wahid of 13 Bir stationed near the Sarnath Arannyo Kuthir (a Buddhist temple) and handed over to the police station in Mahalchari. The reasons for their arrest were not known.[16]

c. Violations of the rights of women and children

The Army personnel were responsible for violations of the rights of Jumma women and children. On 16 February 2009, two Jumma villagers including the wife of a UPDF member were arrested during an Army raid in Lakshmichari Upazila under Khagrachari district. The Army personnel from Lakshmichari zone raided the house of Lakshmi Chakma, a member of the UPDF in Golachari village and arrested his wife Sumitra Chakma (26 years) along with another villager Bigunnya Chakma (26 years), son of Chaga Chakma. The Army did not provide any reason for their arrest.[17]

On 12 February 2009, the Army raided the house of Ruikhoi Marma, a central committee member of UPDF at Bot-toli village under Lakshmichari Upazila in Khagrachari district. The raid was led by Lt. Col. Sharifuddin Ahmed, Commanding Officer of Lakshmichari zone. During the raid the Army personnel beat up Rajeshwari Chakma, wife of Ruikhoi Marma, and their daughter-in-law Mrs. Naijai Marma and interrogated them about the whereabouts of Ruikhoi Marma. The Army placed the family members under house arrest.[18]

Indigenous women and children were also victims of sexual abuse. On 4 August 2008, a Jumma woman identified as Ms Shanti Devi Chakma (40 years), wife of Lakshmi Chakma was reportedly raped by Army personnel in Belaichari under Rangamati district. A group of Army personnel led by Captain Tanvir from Merangchara camp raided the village of Down Nuopara in Belaichari Sadar. The soldiers met Ms Shanti Devi Chakma near the village and raped her. The soldiers also beat up her two sons - Ranjan Chakma (20 years) and Rubel Chakma (11 years).[19]

On 19 July 2008, a group of Army personnel led by a Warrant Officer raided the village of Magainpara in Rajstali under Rangamati district. The Army officer attempted to rape 15- year-old Ms Jika Rani Tonchongya, daughter of late Dharon Moni Tonchongya, when they found her alone in the house. The minor girl somehow managed to run out of the house.[20]

d. Repression on Jumma political activists

The Election Commission of Bangladesh has, in an arbitrary manner, refused to register United People’s Democratic Front (UPDF) as a political party. On 2 December 2008, the High Court issued notice to the Election Commission to explain as to why it refused to recognize the UPDF as a political party.[21] Even as the judgement of the High Court is awaited, the Army continued to terrorise the Jumma political activists.

On the night of 19 June 2009, the Army arrested two supporters of the UPDF - Motilal Chakma (22 years), son of Bizu Kumar Chakma of Suridas Karbari Para village and Unuching Marma from Bandarban. They were arrested from Kudukchari in Rangamati by the Army personnel from Ghilachari camp in Choddo Mile area.[22]

On 16 March 2009, the Army from Kudukchari camp raided the house of Ananda Prakash Chakma, a member of the central committee of the UPDF at Pora Adam village in Kudukchari. After the Army did not find anything incriminating in the house, they picked up a neighbour identified as Tindukkya Chakma (32 years).[23]

On 3 March 2009, two members of the UPDF identified as Sonamoni Chakma (24 years), son of Baghaia Chakma of Kudukchari Uporpara village and Sunendu Chakma (20 years), son of Hiron Kumar Chakma of Biharpur village, were arrested by the Army from Ghilachari under Naniachar Upazila in Rangamati district. They were reportedly going to Naniachar unit UPDF office and were carrying coupons of the Hill Women’s Federation (HWF) to raise funds for HWF’s progamme to mark the International Women’s Day (8 March). The Army handed them over to the Naniachar police station. However, they were released without any charge on the night of 3 March 2009 after intervention by HWF activists and local Jumma elders.[24]

On 26 November 2008, Onyon Talukder (28 years), son of Gobinda Talukder, who was an office keeper of the UPDF, was arrested in Kawkhali under Rangamati district. The Army personnel from Talukderpara camp came to the UPDF office in a pick-up van and took away Onyon Talukder. He was allegedly tortured in custody during interrogation. Later he was taken to Panchari village where the Army arrested some other Jumma villagers allegedly on the confessions made by Onyon Talukdar.[25]

On the midnight of 18 November 2008, the Army personnel raided the office of the UPDF at Kawkhali and ransacked the office. Earlier, the Army had ordered the UDPF to close down the office which was reopened on 17 November 2008 after the government of Bangladesh had withdrawn a ban on political activities imposed during Emergency.[26]

On 18 September 2008, two village chiefs identified as Kri Aung Marma (45 years) and Pajei Marma (45 years), chiefs of Kalapani and Tabalapara villages respectively, were arrested from Kalapani village in Ramgarh under Khagrachari district. They were arrested by the Army personnel attached to Batnatoli camp.[27]

III. Conclusion

On 29 April 2009, Prime Minister of Bangladesh Ms Sheikh Hasina reiterated her pledge to repeal all laws and rules which discriminate against minority communities, including, of course, indigenous peoples; ensure the protection of their human rights, including the freedom of religion and freedom of expression; and fully implement the Chittagong Hill Tracts Peace Accord of 1997.[28] Implementation of the Accord was one of the promises made by the Awami League in its last election manifesto. After the Awami League won the election by a huge margin, there could be no hurdle for the Hasina-led government to implement the Accord to honour the aspirations of the ethnic minorities.

Prime Minister Sheikh Hasina has a responsibility to fully honour the CHT Peace Accord which her government had signed during her previous stint as Prime Minister in 1997. But it is yet to be seen if she was the necessary political will to fully implement the Accord “within the shortest possible time” – an assurance her delegation gave in the Human Rights Council.