CHT Peace Accord: Some important issues
Tuesday, 8 September 2009
Emdadul Haque
The Chittagong Hill Tracts Peace Accord, signed in 1997 between the government and the Jana Sanghati Samiti (JSS), was not fully implemented during the tenure of the then Awami League (AL) government, headed by Sheikh Hasina. Only about 50 army camps were withdrawn at that time. After returning to power in 2009, the AL government of Sheikh Hasina has taken a special inititiative to implement the accord.
The accord has four parts--A, B, C and D.
Clause 3 of Part D says: The government, to ensure the land rights of the tribal families which are landless or possess less than two acres of land, shall provide two acres of land to each such family, provided that lands are available in the locality. If requisite lands are not available then grove land shall be provided.
The Agriculture Census 2008, conducted by the Bangladesh Bureau of Statistics, mentions that there are 4.48 million absolutely landless families in the country.
The number of landless people in the country is growing steadily because of poverty, river erosion and legal disputes. This poses a grave threat to socioeconomic progress, according to experts and also government reports. The current rate of increase in landlessness is 12.84 per cent against 10.18 per cent in 1996 and 8.67 per cent in 1983-84.
So, is it logical to arrange 2 acres of land for each tribal family?
Clause 4 of Part D says: A commission (Land Commission), headed by a retired justice, shall be formed for settling land disputes. This commission, in addition to settling disputes of lands of the rehabilitated tribal refugees, shall have full power for cancellation of ownership of those lands and hills which have been so far illegally settled and occupied. No appeal can be made against the judgement of this commission and decision of this commission shall be final. This shall also be applicable in case of fringe land.
Here is one important point. Bengali settlers, specially the Muslims, had been given permission by the BNP-led government to live in CHT region. Are they illegal as per clause 4? If those settlers were expelled, where would they go? What is wrong with Bengali settlement in CHT? It is their country after all.
On the other hand, why appeal has been made illegal against the judgement of Land Commission and why should the decision of this commission be final?
Clause 17 (a) of Part D says: After signing of the agreement between the government and the Jana Sanghati Samiti and immediately after the return of the JSS members to normal life, all the temporary camps of military, Ansar and Village Defence Party shall be taken back to permanent installations except the border security force (BDR) and permanent cantonments (three at the three district headquarters and Alikadam, Ruma and Dighinala) by phases and with this in view, the time limit shall be determined. In case of deterioration of the law and order situation, natural calamity and such other emergencies the army can be deployed under the civil administration like all other parts of the country as per relevant laws and rules. In this case, the Regional Council may, according to the necessity or time, request the proper authority for the purpose of getting assistance.
There are no allegations that army men harassed tribal people unnecessarily in the recent times. So, why is the withdrawing the army camps given so much importance? The government should think twice before dismantling all the army camps from the hill districts. What is the problem if some army camps are maintained at strategic points of the CHT as road communication there is very inadequate and hazardous. In case, if law and order situation deteriorates there, army personnel will be able to bring the situation under control within a short time if camps are maintained.
The incidents mentioned below show how law and order situation is deteriorating before the withdrawal of all army camps from CHT region:
a. An organised band of miscreants launched an attack at two rehabilitated villages in Rangamati on the first day of September. During the attack, the miscreants damaged two dwelling houses, injured at least 50 persons severely with sharp and lethal weapons.
The inhabitants of these two villages are reportedly loyal to the United People's Democratic Front which is opposed to the Jana Sanghati. The villagers left their homes in fear of their lives. Many were injured and they belong to tribal community.
b. Two persons were kidnapped by the miscreants from two different places of Bandarban district in the last week of August. Police said a band of miscreants belonging to indigenous community, numbering about 15 - 20, kidnapped a woodcutter, Amir Hussain, 40, allegedly for realising ransom from the wood trader. Negotiation is reportedly going on to free the woodcutter from the kidnappers.
c. In another incident, a group of miscreants belonging to indigenous Bom community kidnapped the helper of a jeep. He was identified as Uba Ching Marma, 28, of village Jamchhari under Ramu upazila.
d. In mid-August, an organised band of miscreants chopped down at least 30,000 plants at a horticulture garden at Zaruliachhari under Naikhyongchhari upazila of Bandarban in mid-August.
The victim Didarul Alam lodged a complaint with the police, specifically mentionining the names of the miscreants. The miscreants warned that if Didarul comes to the garden, he wouldn't be allowed to leave alive.
e. In another development, the joint forces, including army, BDR and police, have been conducting a combing operation to rescue the abducted supervisor of PHP rubber garden, Hefazatur Rahman.
Wearing olive-coloured combat dresses, a band of armed miscreants, numbering about 10, raided the residence of Hefazutur Rahman and kidnapped him at gunpoint and took him to a undisclosed location.
Police rounded up two suspects, Aung Chai Chak, 30, and Mong Yai Chak, 25, in this connection. They are being interrogated in the custody of the joint forces.
In the meantime, a half-day hartal was observed in Langadu Upazila in Rangamati hill district in mid-August, protesting army pullout from the Chittagong Hill Tracts. Parbottya Shamo Odhikar Andolan (PSOA) and Parbottya Bangalee Chhatra Parishad (PBCP) called the hartal.
Such hartals were observed in other places of the CHT on the same issue.
The Bengali settlers fear that unpleasant incidents will happen in the CHT region if army camps were withdrawn from there. If army camps are withdrawn, the peaceful situation persisting now there, may be jeopardised as some incidents of kidnapping and felling of trees have already occurred.
On the other hand, the incidents show that tribal people are also attacked by miscreants. So, it seems that killing, kidnapping and looting incidents may rise in the region if army camps are removed. Does the government want this to happen?
It is mentioned in Part B of the accord that tourism industry will be developed in the region. Certainly this is a good decision. Thousand of people will get job opportunity if tourism flourishes there.
But no tourist will go there if the situation is not normal. So, the authorities have to ensure security of the tourists.
Moreover, the CHT region has prospects of producing garlic, jackfruit, banana and other agricultural products to make the producers self-reliant.
There are quotas in government services for the tribal people. Thus the tribal people, whose qualifications are not up to the mark, are getting better jobs depriving the meritorious candidates from the rest of the country.
The tribal people are eligible to buy land anywhere in the country. On the other hand, general citizens won't be allowed to purchase land in the CHT region. This policy has made the CHT people the most privileged citizens of the country.
Deputy leader of the House, Syeda Sajeda Chowdhury, also the convener of the committee for the implementation of the CHT peace accord, said in mid-August: "The ins-and-outs of the peace agreement will be implemented immediately, and within the tenure of the current government."
It will be a tragedy for both the Awami League and Hasina if the implementation of peace accord creates unrest in the CHT region. The people would not take that easily.
The writer can be reached at
emdadulhaque28@yahoo.com
The Chittagong Hill Tracts Peace Accord, signed in 1997 between the government and the Jana Sanghati Samiti (JSS), was not fully implemented during the tenure of the then Awami League (AL) government, headed by Sheikh Hasina. Only about 50 army camps were withdrawn at that time. After returning to power in 2009, the AL government of Sheikh Hasina has taken a special inititiative to implement the accord.
The accord has four parts--A, B, C and D.
Clause 3 of Part D says: The government, to ensure the land rights of the tribal families which are landless or possess less than two acres of land, shall provide two acres of land to each such family, provided that lands are available in the locality. If requisite lands are not available then grove land shall be provided.
The Agriculture Census 2008, conducted by the Bangladesh Bureau of Statistics, mentions that there are 4.48 million absolutely landless families in the country.
The number of landless people in the country is growing steadily because of poverty, river erosion and legal disputes. This poses a grave threat to socioeconomic progress, according to experts and also government reports. The current rate of increase in landlessness is 12.84 per cent against 10.18 per cent in 1996 and 8.67 per cent in 1983-84.
So, is it logical to arrange 2 acres of land for each tribal family?
Clause 4 of Part D says: A commission (Land Commission), headed by a retired justice, shall be formed for settling land disputes. This commission, in addition to settling disputes of lands of the rehabilitated tribal refugees, shall have full power for cancellation of ownership of those lands and hills which have been so far illegally settled and occupied. No appeal can be made against the judgement of this commission and decision of this commission shall be final. This shall also be applicable in case of fringe land.
Here is one important point. Bengali settlers, specially the Muslims, had been given permission by the BNP-led government to live in CHT region. Are they illegal as per clause 4? If those settlers were expelled, where would they go? What is wrong with Bengali settlement in CHT? It is their country after all.
On the other hand, why appeal has been made illegal against the judgement of Land Commission and why should the decision of this commission be final?
Clause 17 (a) of Part D says: After signing of the agreement between the government and the Jana Sanghati Samiti and immediately after the return of the JSS members to normal life, all the temporary camps of military, Ansar and Village Defence Party shall be taken back to permanent installations except the border security force (BDR) and permanent cantonments (three at the three district headquarters and Alikadam, Ruma and Dighinala) by phases and with this in view, the time limit shall be determined. In case of deterioration of the law and order situation, natural calamity and such other emergencies the army can be deployed under the civil administration like all other parts of the country as per relevant laws and rules. In this case, the Regional Council may, according to the necessity or time, request the proper authority for the purpose of getting assistance.
There are no allegations that army men harassed tribal people unnecessarily in the recent times. So, why is the withdrawing the army camps given so much importance? The government should think twice before dismantling all the army camps from the hill districts. What is the problem if some army camps are maintained at strategic points of the CHT as road communication there is very inadequate and hazardous. In case, if law and order situation deteriorates there, army personnel will be able to bring the situation under control within a short time if camps are maintained.
The incidents mentioned below show how law and order situation is deteriorating before the withdrawal of all army camps from CHT region:
a. An organised band of miscreants launched an attack at two rehabilitated villages in Rangamati on the first day of September. During the attack, the miscreants damaged two dwelling houses, injured at least 50 persons severely with sharp and lethal weapons.
The inhabitants of these two villages are reportedly loyal to the United People's Democratic Front which is opposed to the Jana Sanghati. The villagers left their homes in fear of their lives. Many were injured and they belong to tribal community.
b. Two persons were kidnapped by the miscreants from two different places of Bandarban district in the last week of August. Police said a band of miscreants belonging to indigenous community, numbering about 15 - 20, kidnapped a woodcutter, Amir Hussain, 40, allegedly for realising ransom from the wood trader. Negotiation is reportedly going on to free the woodcutter from the kidnappers.
c. In another incident, a group of miscreants belonging to indigenous Bom community kidnapped the helper of a jeep. He was identified as Uba Ching Marma, 28, of village Jamchhari under Ramu upazila.
d. In mid-August, an organised band of miscreants chopped down at least 30,000 plants at a horticulture garden at Zaruliachhari under Naikhyongchhari upazila of Bandarban in mid-August.
The victim Didarul Alam lodged a complaint with the police, specifically mentionining the names of the miscreants. The miscreants warned that if Didarul comes to the garden, he wouldn't be allowed to leave alive.
e. In another development, the joint forces, including army, BDR and police, have been conducting a combing operation to rescue the abducted supervisor of PHP rubber garden, Hefazatur Rahman.
Wearing olive-coloured combat dresses, a band of armed miscreants, numbering about 10, raided the residence of Hefazutur Rahman and kidnapped him at gunpoint and took him to a undisclosed location.
Police rounded up two suspects, Aung Chai Chak, 30, and Mong Yai Chak, 25, in this connection. They are being interrogated in the custody of the joint forces.
In the meantime, a half-day hartal was observed in Langadu Upazila in Rangamati hill district in mid-August, protesting army pullout from the Chittagong Hill Tracts. Parbottya Shamo Odhikar Andolan (PSOA) and Parbottya Bangalee Chhatra Parishad (PBCP) called the hartal.
Such hartals were observed in other places of the CHT on the same issue.
The Bengali settlers fear that unpleasant incidents will happen in the CHT region if army camps were withdrawn from there. If army camps are withdrawn, the peaceful situation persisting now there, may be jeopardised as some incidents of kidnapping and felling of trees have already occurred.
On the other hand, the incidents show that tribal people are also attacked by miscreants. So, it seems that killing, kidnapping and looting incidents may rise in the region if army camps are removed. Does the government want this to happen?
It is mentioned in Part B of the accord that tourism industry will be developed in the region. Certainly this is a good decision. Thousand of people will get job opportunity if tourism flourishes there.
But no tourist will go there if the situation is not normal. So, the authorities have to ensure security of the tourists.
Moreover, the CHT region has prospects of producing garlic, jackfruit, banana and other agricultural products to make the producers self-reliant.
There are quotas in government services for the tribal people. Thus the tribal people, whose qualifications are not up to the mark, are getting better jobs depriving the meritorious candidates from the rest of the country.
The tribal people are eligible to buy land anywhere in the country. On the other hand, general citizens won't be allowed to purchase land in the CHT region. This policy has made the CHT people the most privileged citizens of the country.
Deputy leader of the House, Syeda Sajeda Chowdhury, also the convener of the committee for the implementation of the CHT peace accord, said in mid-August: "The ins-and-outs of the peace agreement will be implemented immediately, and within the tenure of the current government."
It will be a tragedy for both the Awami League and Hasina if the implementation of peace accord creates unrest in the CHT region. The people would not take that easily.
The writer can be reached at
emdadulhaque28@yahoo.com