Sep 02, 2003

Bougainville Constitutional Commission has been established


The 8th national parliamentary election was held on 1 October 2001, by which Bangladesh Nationalist Party (BNP)-alliance government came to the state power of Bangladesh. Since the signing of the CHT Accord in 1997, BNP has been opposing the accord. It is notable that Parbatya Chattagram Jana Samhati Samiti (PCJSS), the only political party representing the indigenous Jumma people in the CHT, opposed and boycotted the election, as the electoral roll was not prepared with the permanent residents as per the CHT accord.
Just after assuming power the present BNP-led government violated some major provisions of the CHT accord such as the Prime Minister Begum Khaleda Zia kept the portfolio for the CHT Affairs Ministry under herself, although the accord contains a provision to appoint a full minister from among the indigenous Jumma people. However, instead of a cabinet minister, Mr. Moni Swapan Dewan, MP from Rangamati Constituency was appointed as deputy minister without proper executive authority.

On the other hand, Mr. Wadud Bhuian, a Bengali settler was appointed as the chairman of CHT Development Board, also violating the accord. The government appointed its party workers as chairmen in three local governmental bodies—Rangamati Hill District Council, Khagrachari Hill District Council and Randarban Hill District Council instead of holding elections. It has been one year since the present government took power; as yet the present BNP led coalition government has no definite guideline regarding CHT issues. Therefore, the government could not declare its position clearly on the CHT Peace Accord. Though some ministers like minister of Law, Justice and Parliamentary Affairs said that the CHT Accord would not be cancelled. However, the government has the intention to take some steps for modification of some points of the Accord, if it finds them inconsistent with the constitution. Accordingly, the government has remained reluctant.

The government did not take even a single step to implement the unimplemented issues of CHT Accord, such as amendment of CHT Land Dispute Settlement Commission Act 2001, transfer of subjects to Hill District Councils (HDCs), withdrawal of temporary military camps from CHT, empowerment of CHT Regional Council (CHTRC) as per its Act, rehabilitation of Returnee Jumma Refugees and Internally Displaced Jumma families, preparation of voter list with the permanent resident of CHT etc. Moreover, the HDCs and the administration of Hill Districts are not cooperating with the CHTRC.

In order to resolve the land disputes in the CHT a Land Commission has to be formed as per the accord. To date, the chairman of the commission was appointed only. But the commission is yet to start functioning. On the other, the previous Awami League government just one day before handing over its power to the Caretaker government passed the CHT Land Dispute Settlement Commission Act 2001 in the parliament without having any consultation with the CHTRC. Consequently, the said Act contains some provisions contradictory to the CHT Accord. The present BNP-led government is following dilly-dally tactics to amend those contradictory provisions.

Due to delays in the settlement of land disputes and the non-functioning of the Land Commission, the land related problems are becoming worse. Settlers are grabbing more lands. Extensions of the settlers’ cluster villages as well as infiltration of new settlers into the CHT are on. With a view to grabbing indigenous Jummas land, the Bengali Muslim settlers made a series of attacks and set fire upon indigenous villages. The attacks on 20/11/2001 at Lemuchari and Pakujjyachari under Mohalchari sub-district, on 25/6/2001 at Ramgarh bazaar under Ramhahr sub-district, on 14/5/2001 at Boalkhali and on 16/10/1999 at Babuchara bazaar under Dighinala sub-district under Khagrachari Hill district are remarkable among others.

Some Islamic fundamentalist groups and organizations such as Islamic Foundation, Jamat-E- Islami, Parbatya Gono Parishad, Bangali Krishak –Sramik Kalyan Parishad etc. are active in backing the Bengali Muslim Settlers in grabbing the Jummas’ lands and expanding Islamization. The land entitlement has been withheld in the CHT for a long time. Very recently, the CHT Affairs Ministry has issued a notification to the Khagrachari Hill District Council, without the knowledge of its Minister Mr. Moni Swapan Dewan, to restart the land entitlement process in this district, which will legitimize the ownership over lands illegally occupied by many Bengali settlers.

The military rule in the name of Operation Uttaran is still in force in CHT. Therefore, the army authority still enjoys powers to interfere with the civil administration and to conduct military operations throughout the CHT. In the name of Operation Uttaran, the military army is engaged in activities like interfering with the general administration and law and order situation, extension of the Bengali cluster villages, implementing Ashrayan rehabilitation project, construction and maintenance of roads. Until now, they exercise power to control admission process of the Jumma students in higher educational institutions. Like before, the military army is engaged in checking the vehicles, establishing check posts on the roadside, and carrying out military operations in villages in the name of searching for terrorists. The military army is still implementing the so-called pacification programme, which is unrealistic after the Accord. Under this programme, they provide rations to Bengali Muslim settlers and financial help to expand the settlers’ cluster villages on Jumma’s land. Since signing the CHT accord, many Jumma, including woman and children, have been brutalized. Some have been arbitrarily arrested, tortured or killed. Still there are more than 500 military camps in the CHT.

The rehabilitation of the International returnee refugees and the internally displaced Jumma families has yet not taken place. Even the chairman of the Task Force on rehabilitation of the returnee refugees and internally displaced Jumma families is yet to be appointed. As a result, more than 100,000 internally displaced Jumma families are living in sub-human condition. For the similar reason, 40 villages of returnee refugees are still under the occupation of the Bengali Muslim settlers and over 3,000 families did not get back their own land.

Until now, since signing the Accord in 1997, no subject was transferred to the HDCs. The HDCs were not formed through election. The ruling party politicized these institutions by appointing its own party members. As a result, HDC failed to bring about an overall development in the CHT; people-oriented development activities are still an illusion to the CHT people. On the other hand, due to the dilly- dallying policy of the government in formulation of the CHTRC’s rules of procedures, the CHTRC has not yet been able to discharge its power and functions effectively. As a whole, the local government system in the CHT as recognized by the CHT Accord has not yet been strengthened.

The UNDP-GoB Joint Risk Assessment Mission, which visited three hill districts of CHT in June, has recently published an assessment report officially on 14 August 2002 in Dhaka. The Mission has reported that there is a favorable situation in the CHT for restarting development activities except in some areas. Though it has emphasized the implementation of the CHT Accord for establishing sustainable peace in CHT, the Mission could not reflect the opinions of the CHT people. Because, No one from the CHT local government institutions was included in the Team. For example, Deputy Commissioners from three Hill Districts were included in the team as members, but no one from the CHTRC or three HDCs.
CHT people were not consulted in finalizing and making recommendations.
The report was very much influenced by the opinion of the Bangladesh security forces.

Though the CHT Accord between the PCJSS and Bangladesh Government was signed in order to find a peaceful and political solution to the CHT problem, the government did not deviate itself from the state policy of turning the CHT from Jumma inhabited area to a Muslim dominated area. The government is going on with this policy very tactfully by adopting dilly-dallying tactics and creating barriers to implementation of the accord and initiating anti-accord activities as mentioned above.