Saturday, September 26, 2009

A Chakma family chopped up by Bengali settlers in Kaukhali

By Kapaeeng Foundation

On 12 September 2009 around 1.30 am a Chakma family was chopped allegedly by Bengali settlers at Choto Dulu Para under Kaukhali upazila (sub-district) in Rangamati district ( Bangladesh ).

It is learnt that the head of family Mr. Basudev Chakma alias Boba (35) s/o Buddha Moni Chakma was seriously wounded. He was admitted at Kaukhali upazila hospital.
Detailed report is yet to be received.

Protest against the killing of Ponemala Tripura continue


By Kapaeeng Foundation

Indigenous student demand examplary punishment of killers of Ponemala Tripura

On 6 September 2009 Bangladesh Indigenous Students Action Forum and Hill Students Council demanded proper enquiry of the killing of Ponemala Tripura and examplary punishement of Bengali settlers involved with this heirnous killing.

Indigenous students raised the demand during the protest rally and gathering jointly organised by Bangladesh Indigenous Students Action Forum and Hill Students Council on 6 september 2009 around 11.00 am at Oparajeyo Bangla of Dhaka University.

Mr. Sohel Hajong, President of Bangladesh Indigenous Students Action Forum says, ”The killing of Ponemala Tripura must be conducted immediate enquiry and the CHT Accord should be implemented to ensure rules of law and good governace in the region.”

Mr. Mongwain Marma of Marma Students Council says, ”A vested interest group is trying to foil implementation of CHT Accord. The killing of Ponemala Tripura is a part of this conspiracy.”

Mr. Bablu Chakma of Hill Students Council says, ”Oppression upon the indigenous peoples including CHT regions will be prevented through waging strong movement.”

The protest rally and gathering also demanded to stop all atrocities committed against indigenous peoples, to withdraw all temporary camps and de facto military rule ’Operation Uttoron’ as per CHT Accord, to take necessary action against the communal, extreme fanatic and fundmentalist activties and to implement CHT Accord fully.

The protest rally and gathering was presided over by Prasenjit Chakma while conducted by Sohel Hajong. Among others, Bhuban Roaza of Tripura Students Forum, Sujan Hajong of Hajong Students Union, Khokoneshwar Tripura of Bangladesh Indigenous Student Action Forum spoke at the protest. Bangladesh Indigenous Peoples Forum and Parbatya Chattagram Jana Samhati Samiti (PCJSS) also extended solidarity with indigenous students’ protest.

It is mentionable that on 3 September 2009 at night Ponemala Tripura (50) w/o Bhibishan Tripura was killed allegedly by a group of Bangeli settlers at Sindukchari village of Sindukchari union under Mahalchari upazila (sub-district) in Khagrachari district.

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The Daily Star, 10 september 2009

'Arrest killers of Panay Mala' Protest Rally at Khagrachhari demands

Leaders of different indigenous organisations yesterday demanded immediate steps to arrest the killers of Panay Mala Tripura, 50. The indigenous woman was murdered on the night of September 3 at Craijongpara under Mohalchhari upazila.

At a protest rally in front of Khagrachhari Press Club, the speakers alleged that Panay Mala was killed in a planned way by some settlers to grab her land.

Blaming police, they said a sub-inspector (SI) was giving shelter to the accused in exchange of bribes. They also criticised Mohalchhari upazila nirbahi officer (UNO) saying he did not take security measures to protect the woman.

They also asked the authorities concerned to arrest the killers immediately and hand over the land and property of Panay Mala to her heir and ensure security of the victim's family.

The protest rally was presided by Jana Sanghati Samity district unit secretary Sudhakar Tripura.

Among others, Durbar Network Khagrachhari district unit member Shapla Tripura, Bangladesh Tripura Kalyan Samity treasurer Ananta Bikash Tripura, ex-Pajurico chairperson Namita Tripura, Bangladesh Marma Students Council district unit president Sunendhu Marma spoke.

Earlier, about a hundred indigenous people formed a human chain in front of Khagrachhari Press Club for over an hour demanding immediate arrest and exemplary punishment to the killers of Panay Mala Tripura.

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Update of arrest of innocent Tripura villager

Sholo Ana Tripura (38) s/o Sajai Tripura who was arrested on 6 September 2009 by the police in connection with the killing of Ponemala Tripura was sent to Khagrachari district jail on 7 september.

Bhibishan Tripura, husband of deceased Ponemala Tripura claimed that Sholo Ana Tripura was an innocent and not involved with the killing. It is alleged that police arrested him to divert the incident to wrong direction. By arresting Sholo Ana Tripura, police tried to show that the incident was committed due to village conflict among Tripura community and Bengali settlers were not involved with this incident.

Follow-up of killing of Ponemala Tripura

By Kapaeeng Foundation
Sources reported that on 6 September 2009 police arrested an innocent Tripura villager named Sholo Ana Tripura from Sindukchari. Bhibishan Tripura, husband of deceased Ponemala Tripura claimed that Sholo Ana Tripura was not involved with the killing. Bhibishan Tripura told it to OC of Guimara police station and urged OC to release him. But OC did not release him.

It is alleged that police authority in association with local civil and military administration is trying to divert the incident to another direction. By arresting Sholo Ana Tripura, they tried to show that the incident was committed due to village conflict among Tripura community and Bengali settlers were not involved with this incident.

Tripura woman killed allegedly by Bengali settlers in Mahalchari


By Kapaeeng Foundatio

On the night between 3-4 September 2009 one indigenous Tripura woman named Ponemala Tripura (50) w/o Bhibishan Tripura was allegedly killed at Sindukchari village of Sindukchari union under Mahalchari upazila (sub-district) in Khagrachari district. Her dead body was recovered from their Jum (traditional shifting cultivation) field of Sindukchari by the villagers in the morning on 4 September. Four Bengali settlers were suspected to have involved with this killing.

It is learnt that this year Ponemala Tripura and her husband Bhibishan Tripura have cultivated two jum farms for more earnings. Both Husband and wife stayed night separately to protect corps from wild animals at temporary jum houses. They usually worked at their jum farms and stayed separately at two jum farms on 3 September. On that day at dawn her husband Bhibishan Tripura called her but he (husband) did not receive any response from his wife (Ponemala) and went to the jum house where his wife was staying. But he did not found her there. Then Bhibishan suspected that something is wrong. Then and there he informed it to the local Tripura community people and they started searching jointly nearby jungle of jum farms and lastly they found her dead body at one kilo far from her jum field.

It is widely believed that she was kidnapped from her jum farm and murdered at the night (3-4 September 2009). This jum farm is two kilometer far from the locality (Tripura village). It is also learnt that she has land dispute with following settler’s leader namely-

1) Md. Afsar Gazi, s/o Hamid Gazi of Sindukchari,

2) Khairul Islam, s/o late Azgar Ali of Sindukchari,

3) Rustam Ali, s/o unknown of Sindukchari,

4) Noab Ali, s/o late Afsar Gazi of Sindukchari in Khagrachari district.

Several times they went there to grab the land of Ponemala. Local Tripura community people and police went to the spot for recovering her body.

Update on the killing of Ponemala Tripura

Source said that the incident of killing of Ponemala Tripura was committed allegedly by Bengali settlers namely Md. Afsar Gazi, Khairul Islam, Rustam Ali and Noab Ali, in order to occupy Ponemala Tripura’s land. Ponemala Tripura also applied for registration of this land.

It is learnt that the Bengali settlers first tried to occupy land of Ponemala Tripura in 2006. That time settlers failed to occupy due to stong role of CHT Regional Council and Civil Society. However, Bengali settlers destroyed huge orchard that planted by Ponemala Tripura on this land.

Again, Bengali settlers tried to occupy the land on 10 May 2009. That time, Bengali settlers make attack and again destroyed huge plantation. Even, they made new plantation. They threatened Ponemala Tripura and his husband to kill them if they deny to leave the land. Ponemala Tripura submitted written objection to Mr. Jatindra Lal Tripura, ruling MP from Khagrachari and also chairman of the Task Force on Rehabilitation of Returnee Jumma Refugees and Internally Displaced Persons.

Mr. Tripura forwarded this objection to the Upazila Nirbahi Officer (UNO) of Mahalchari upazila (sub-district) Mr. Shariful Arif asking him to take necessary action on this case. However, UNO did not take any step against it.

It is allged that Ponemala Tripura became victimised due to neglience of UNO of Mahalchari upazila.

It is learnt that Officer-in-Charge (OC) of Guimara police station Mr. Rashed took signatures from four Tripura villagers namely Bhibishan Tripura (victim’s husband), Naba Mohan Tripura (victim’s son), Dohendra Tripura (villager elder) and Khanjoy Tripura (member of Sindukchari union) on a white paper when police went to spot for investigation. Police explained, during the taking signature, these singatires are nothing but just for witness that police went to spot for investigation. But it is alleged that with these signatures, OC of Guimara police station motivatedly filed a case under section 302 of Bangladesh panel code where OC did not mentioned names of the perpetrators of Bengali settlers. Rather only 5 unknown persons including four Bengalis and one Tripura were mentioned. In addition, mentioning of one Tripura is to make caes weak. But victim’s relatives did not believe that any Tripura could involve with this incident.

It is reported that military authorities of Sindukchari zone led by Lt. Colonel Kamrul of 32 Field Artilery and Guimara police station led by OC Rashed have been creating pressure on relatives including victim’s husband to make understanding with the Bengali settlers. For this purpose, Mr. Sui Nue Prue Chowdhury, chairman of Sindukchari union was asked to be present at Sindukchari zone on 6 September 2009 while victim’s relatives were asked to be present at Guimara police station.

Post mortem of dead body was done at Khagrachari district hospital on 5 September 2009. Post mortem report is yet to be received. It is reported that wound was found at victim right ear. But it is suspected that victim was killed sinking in the water of hill stream. Police did not arrest any body so far.

Tripura woman killed allegedly by Bengali settlers in Mahalchari

By Kapaeeng Foundation

On the night between 3-4 September 2009 one indigenous Tripura woman named Ponemala Tripura (50) w/o Bhibishan Tripura was allegedly killed at Sindukchari village of Sindukchari union under Mahalchari upazila (sub-district) in Khagrachari district. Her dead body was recovered from their Jum (traditional shifting cultivation) field of Sindukchari by the villagers in the morning on 4 September. Four Bengali settlers were suspected to have involved with this killing.

It is learnt that this year Ponemala Tripura and her husband Bhibishan Tripura have cultivated two jum farms for more earnings. Both Husband and wife stayed night separately to protect corps from wild animals at temporary jum houses. They usually worked at their jum farms and stayed separately at two jum farms on 3 September. On that day at dawn her husband Bhibishan Tripura called her but he (husband) did not receive any response from his wife (Ponemala) and went to the jum house where his wife was staying. But he did not found her there. Then Bhibishan suspected that something is wrong. Then and there he informed it to the local Tripura community people and they started searching jointly nearby jungle of jum farms and lastly they found her dead body at one kilo far from her jum field.

It is widely believed that she was kidnapped from her jum farm and murdered at the night (3-4 September 2009). This jum farm is two kilometer far from the locality (Tripura village). It is also learnt that she has land dispute with following settler’s leader namely-

1) Md. Afsar Gazi, s/o Hamid Gazi of Sindukchari,

2) Khairul Islam, s/o late Azgar Ali of Sindukchari,

3) Rustam Ali, s/o unknown of Sindukchari,

4) Noab Ali, s/o late Afsar Gazi of Sindukchari in Khagrachari district.

Several times they went there to grab the land of Ponemala. Local Tripura community people and police went to the spot for recovering her body.

[This has been compiled in accordance with report circulated by Legal Aid and Research Advancement (LARA) Foundation, Khagrapur, Khagrachari, E-mail: lara_cht@yahoo.com]

Update: Searching operation on indigenous Chak localities in Naikhyingchari

Sources confirmed that kidnappers released Mr. Hefazuddin, supervisor of rubber plantation, at 8.00 a.m. on 24 August 2009 at Alikadam. Following the release of the Hefazuddin, searching operation of BDR and RAB was stopped so far.
By PCJSS
It is learnt that innocent villagers namely Mr. Aungchagya Chak (37) s/o Thuila Khai Chak of Badurjiri village and Mr. Mong Wai Chak (20) s/o Kijairi Chak, Madyam Chak Para were produced before district magistrate court in Bandarban. A case (GR no. 199/09 under section 365/34 of Bangladesh penal code) was filed in connection with kidnapping against 10/12 unknown persons with Naikhyongchari police station. Aungchagya Chak and Mong Wai Chak were arrested as suspected with this incident.

It is also learnt that the miscreants comprising of 2 Chakma youths and one Chak youth named Kyasai Chak were caught by the local Chak villagers on 26 August 2009 and handed over to Naikhyongchari police station. Sources confirmed that they are merely an extortionist group. It is also reported that Kyasai Chak got allegedly involved with UPDF activities when he studied at Agriculture Diploma Institute of Shukarchari under Rangamati sadar upazila.

Discrimination against and Land Dispossession of Land of Indigenous Peoples in Bangladesh

By Kapaeeng Foundation
August 2009)

Discrimination and human rights violation is particularly glaring in the indigenous-inhabited regions, where they have continued to suffer from violent land-grabbing and other forms of land alienation. Few media reports published in August 2009 which reflect such land dispossession of and discrimination against indigenous peoples in Bangladesh are given below for your kind information and perusal:

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The daily Star, Saturday, August 22, 2009

Khagrachhari : 3,300 landless families await settlement

Jasim Majumder, Khagrachhari

At least 3,300 landless indigenous families have not yet got permanent settlement of the government land where they have been living for 30 years.

Sources said the government gave 20,625 acres upland (high land) to 3,300 families in 1979-1980 financial year under the 'Chittagong Hill Tracts Development Board upland project' to settle floating indigenous people in CHT.

Each family was provided with 6.25 acres land and other facilities including house to make them financially independent.

According to deputy commissioner's (DC) office, the government rehabilitated 600 families in Bhaibonchhara, 580 families in Gasbon, 220 families in Bairafa, 600 families in Dighinala, 500 families in Matiranga under Khagrachhari district while 300 families in Bagaichhari area under Rangamati and 500 families in Bandarban.

The government also made a contract with those people in the same year of their rehabilitation (1979-1980) and assured them of giving permanent settlement with appropriate land documents by the authority concerned.

"As per the contract, we have been looking after the land and orchard since 1979-1980. The authority concerned is also taking 40 per cent of the total income every year according to the contract. But the government still keeps us as temporary caretakers," said Madhusudon Tripura, 50, a landless person of Gasbon area under Sadar upazila in the district.

When asked about the reason for delay, General Manager (GM) of the Upland Project under CHT Development Board Mohammad Ali Hydar said the settlement process was ignored due to negligence of former GM.

"I've already completed all process to bring 3,300 landless indigenous people under a permanent settlement as per the contract between them and the CHT Development Board," he said, adding that it now depends on the DC's office.

DC Mohammad Abdullah said the process could not be completed due to complication related to land and lack of a proper survey.

"We are not the sole authority for their permanent settlement. The three Parbatya Zilla Parishads are also responsible as per Parbatya Zilla Parishad Act, 1989," he said.

He said some 1,270 applications of the landless people were pending with the assistant commissioner's (land) office while 1,217 applications with DC office, 563 with Khagrachhari Hill District Council for land registration.

Khagrachhari Hill District Council Chairman Ruhity Karbary said his office could not proceed due to some complication over land. But land registration of about 250 families has been completed and documents will be handed over to them by September 15, he added.

"To resolve the issue, the officials are working hard and we shall give the landless people documents of permanent settlement by October," he said.

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New Age, Dhaka, August 19, 2009

Cancel lease of 260 plots in CHT: JS panel

The parliamentary standing committee on CHT affairs ministry on Tuesday recommended cancellation of the 260 plots, leased out to influential people, for violating the terms and condition of the allotment.

The committee made the recommendation at its 5th meeting held at the Peda Ting Ting, a private tourist resort, on the bank of Kaptai Lake in Rangamati.

The committee asked the taskforce on rehabilitation of the repatriated tribal and internal refugees to become more active to find out their problems discussing with them.

The committee member, ABM Fazle Karim Chowdhury, presided over the meeting as its chairman Promod Mankin relinquished from the chairmanship for his induction in the cabinet as a state minister.

Committee members state minister for CHT affairs, Dipankar Talukder, chairman of CHT Development Board, Bir Bahadur, chairman of the taskforce on rehabilitation of the repatriated tribal and internal refugees, Jyotindra Lal Tripura, Ethin Rakhayin, Giasuddin Ahmed and secretary in-charge of the CHT affairs ministry, Muzammel Haque, attended the meeting.

After the meeting, ABM Fazle Karim said that the committee attached highest importance to cancellation of the 260 plots, which were not being used as per the terms and condition of the allotment.

The committee also recommended reorganising of the taskforce with requisite number of manpower to make it more active, he added.

Chairman of the CHT regional council, Jyotirindra Bodhipriya Larma alias Santu Larma, also attended the meeting on special invitation.

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The Daily Star, Wednesday, August 26, 2009

Call to allocate lands for indigenous people

It is necessary to allocate lands for all indigenous people so that they can have shelters, Chairman of Parliamentary Standing Committee on land ministry AKM Mozammel Haque said at a discussion yesterday.

Bangladesh Adivasi Odhikar Andolon in association with UNDP organised the discussion on 'Existence of Koch community people in Bangladesh and protecting their rights: Relevance of the UN declaration of 2007 regarding Adivasi' at Women's Voluntary Association (WVA) auditorium.

Hailing the decision of withdrawing army from Chittagong Hill Tracts, former ambassador Maj Gen (retd) Amin Ahmed Chowdhury said it is courageous and dynamic decision of the government.

"Hill people are peace-loving and sons of the nature. They should not be pushed into conflict. It is a farce to talk peace while carrying firearms in hand," he said.

Chairman of Bangladesh Koch Adivasi Organisation Romesh Koch, general secretary Sushil Koch, Monoranjan Koch, a teacher and social worker, and lawmaker Shawkat Momen Shahjahan also spoke.

Journalist and writer Shahriar Kabir presided over the meeting. UNDP representative Hossain Shahid Suman was also present.

"Koch is one of the most ancient ethnic group in the country," said Prof Mesbah Kamal.

There are at least two lakh members of Koch community across the country, mostly in Gazipur, Rangpur and Sylhet, he said.

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The Daily Star, Wednesday, August 19, 2009

None Punished for Alfred Soren Murder in 9 Years

Sense of insecurity still haunts Bhimpur indigenous families

Indigenous communities and different NGOs yesterday observed ninth death anniversary of indigenous leader Alfred Soren who was killed in a land dispute on August 18, 2000.

They demanded security of the indigenous people and land rights through formation of a separate land commission for them.

A deep sense of insecurity still haunts the indigenous families at Bhimpur village in Naogaon where Soren was murdered.

Nearly 200 musclemen of local landlords killed Soren with a blueprint to evict evict 22 indigenous families from the village.

Soren's family members claimed at least seven families including those of Shreemonto Hembrom, Komol Soren and Anil Soren have left the village in the face of 'death threats' by local landlords.

Soren's wife Jyotsna Soren now lives in Dinajpur while her daughter Jhorna studies at a missionary school in Joypurhat.

Alfred Soren's brother Komol Soren said he fled to Tanore in Rajshahi following death threats by his brother's killers. The threats were issued immediately after Bhimpur police outpost was withdrawn in April, 2003, under pressure, he said.

Jatiya Adibashi Parishad and different other NGOs visited Bhimpur to place wreaths at Soren's grave and Jatiya Adibashi Chhatra Parishad formed a human chain in Rajshahi city to mark the day with protests.

Soren's killing sparked countrywide protests, forcing the then government to declare that the disputed lands belonged to the local indigenous people.

Now, nine years have passed but Alfred Soren murder case is still under trial.

Jatiya Adibashi Parishad general secretary Rabindranath Soren told The Daily Star that the government should immediately take steps to return 250 bighas of indigenous people's lands captured over the years by the local landlords.

Our RU Correspondent adds: The indigenous students in Rajshahi yesterday formed a human chain demanding speedy trial of Alfred Soren killing case.

Under the banner of Adivashi Chhatra Parishad, they also held a rally at Shaheb Bazar Zero Point demanding immediate arrest of the killers and speedy trial of the case.

Parishad president Harendranath Singh, general secretary Manik Saren, organising secretary Nabadeep Lakra and other leaders addressed the rally.

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The Daily Star, August 25, 2009

Prisoners of forest
Around 25,000 indigenous people left in the lurch as all govts ignored forest laws, their rights

Pinaki Roy

No government has ever complied with the forest laws to recognise the land rights of the indigenous Garo or Mandi and Koch people, traditional inhabitants of the Madhupur Sal Forest, but rather used the forestland for non-forestry purposes.

Around 25,000 indigenous people of 8,630 families now live in 63 villages in and around Madhupur in coherence with the forest and its ecology.

The Garo and Koch people were once the mainstream community here. But the Bangla-speaking people are dominating day by day as the Department of Forest introduced settlers to implement its controversial projects.

"The indigenous people were unable to pay bribe and get involved in the social forestry project. So the Department of Forest involved outsiders in the project and thus promoted the settlers in the forestland," said Ajay A Mree, an indigenous leaders living in Madhupur.

In the process of gaining profit from the forest, the department also failed to protect the forestland, leave alone the rights of forest people.

The department always wanted to keep its control over the forest ignoring the local people, resulting in total degradation of the valuable natural forest and tension again and again in the area.

This forest is very much related to the indigenous people's life, culture and livelihood. The Garos collect 27 different types of tubers for food from the forest during the rains. Moreover, they collect 57 kinds of medicinal herbs besides dried leaves and fodders for their animals.

But the government between 2000 and 2004 tried to fence in the Sal forest prohibiting the forest dwellers from collecting forest resources. The government's National Park Development Project only mounted tension and led to degradation of the natural forest.

However, almost all the money of this around Tk 10-crore project was kept for constructing different concrete structures including brick walls, roads, toilets and development of picnic spots.

The government also implemented many others donor-funded wood tree plantation projects in which the indigenous people did not want to take part. As they demanded their land rights, they went through a contentious relation with the Department of Forest.

The department filed hundreds of cases against local indigenous people accusing them of illegal logging, while the indigenous people allege those cases were filed only to harass them.

The same scenario went on and on for years.

"We can withdraw the cases but they have to promise that they would not fell anymore trees in the forest. But the indigenous people's leader cannot make such promise," says Shah-E-Alam, divisional forest officer of Tangail forest division.

Around 3,200 cases are now pending against the indigenous people. The government in 2006 suggested that the department withdraw the cases which were filed to "harass" the people.

"Still there are more than 3,000 cases against the indigenous people filed by the Department of Forest. They issued warrants against us under the cases filed in 2004 which was only for harassment," said Ajay A Mree.

The proposal of fencing in the forest was eventually abandoned at the cost of lives of two indigenous protesters -- Peeren Slan who was killed by the law enforcers on 3 January, 2004 and Cholesh Richil who was declared dead in custody of the law enforcers during the caretaker rule.

Utpal Nakrek, an indigenous youth, became handicapped forever as bullets hit his backbone during protests against the eco-park project.

HOW MUCH LAND

THEY NEED

The total land claimed by 4,129 Garo families in this forest is 8,171.74 acres, while settlers are occupying about 5,547.17 acres of land within the forest.

This was revealed by a recent door-to-door survey conducted by Bangladesh Environment Lawyers Association (BELA) and the Joyenshahi Adivasi Unnayan Parishad in Madhupur, Muktagachha, Ghatail and Phulbaria mouzas.

The survey detects the land claimed by the Garos and other dwellers in the 18 mouzas -- Aronkhola (4180.315 acres), Pirgachha (3,138.33 acres), Joramgachha (362.395 acres), Fulbagchala (531.21 acres), Chapaid (271.64 acres), Rasulpur (89.64 acres), Chunia (442.36 acres), Sholakuri (419.835 acres), Bijoypur (84.94 acres), Beribaid (2,872.815 acres), Mohishmara (492.61 acres), Molajani (269.6 acres), Idilpur (171.26 acres), Gachhabari (278.53 acres), Mirzabari (8.82 acres), Pirojpur (71.11 acres), Dholpur (13.23 acres) and Moraid (18.87 acres).

Asked how to preserve the natural forest and protect the rights of the local people as well, Syeda Rizwana Hasan, executive director of BELA, cited the experience of the neighbouring countries.

"They recognise the rights of the forest dwellers and manage the forest in participation of the local community. And they have successfully revived much share of the natural forests," she said.

"The indigenous community will never destroy the natural forest as it goes with their lifestyle, practice and knowledge. Just the authorities have to change the approach," she added.

HOW THINGS GOING

SINCE BRITISH ERA

The first onslaught on the indigenous people came in 1927 when the British colonial rulers granted the entire Madhupur tract to the Raja of Natore.

The Raja dedicated the forest to the god Govinda as endowed property.

However, the Garos were allowed to live on homestead plots paying a yearly tax. The Garo woman tenants were also granted permission to register low-lying land in their names.

The registration started in 1892 and was incorporated again in the Cadastral Survey of 1914-1918.

In 1982 the government of independent Bangladesh in a gazette notification placed much of the Madhupur tract under the category of the government forest land.

The entire procedure was completed without issuing any notice to the Garos.

When the government move was challenged in the court of justice and in the land settlement office, the authorities allegedly refused to give any opportunity to the Garos to produce their documents.

The successive governments served eviction notices to the Garos while depleting the Sal forest and even replaced the local trees with unknown species, highly detrimental to environment and local inhabitants.

LEGAL RIGHTS VIOLATED

The sections 5, 11, 12, 14 and 15 of the Forest Act, 1927 state that the original forest inhabitants may claim rights over land, rights of way, rights of pasture, and rights over forest produce declaring the forest as a village forest.

At the same time, the Wildlife Protection Act, 1973 does not put any blanket restriction on human living or settlement in the National Park areas.

But even after 82 years of the law being in force, no such forest has been declared as "village forest" to mean actual involvement of the forest dependent people in forest management.

Sanjeev Drong, a rights activist fighting for the rights of the indigenous people, says forming a different land commission for the plain land indigenous people could solve the problems and save the forests.

"We have been demanding constitutional recognition of the indigenous people and a separate land commission for years. A separate land commission could solve the issue," Sanjeev observes.

He expresses the hope that the current government would protect the rights of indigenous people and forest dwellers as it was in the election manifesto of the ruling Awami League.

"So far it seems the government is positive to its pledges.”

OVERALL SITUATION IN CHT

By PCJSS
As of 23 August 2009)

Since assuming power by the Awami League-led present Grand Alliance Government of Bangladesh (GoB) on 06 January 2009, the Prime Minister Sheikh Hasina, several Member of Parliament (MPs) of ruling Grand Alliance, Ministers including State Minister for CHT Affairs, in line with the election commitment, time and again reiterated the stand of the GoB about fullest implementation of the Chittagong Hill Tracts (CHT) Accord of 1997.

On 30 April 2009 Prime Minister of GoB Sheikh Hasina reiterated that her government would implement the CHT Accord in letter and spirit while she met the vice admiral of Naval Forces of France and Commander of the Joint Forces in the Indian Ocean Mr. Gerad Volin in April 2009 and the Vatican City Ambassador Mr. Marino Joseph in Dhaka on 05 May 2009. She also passed her message on 31 March 2009 through Mr. Pramode Mankin, Chairman of the Parliamentary Standing Committee on the Ministry of the CHT Affairs (MoCHTA) about relocation of the settlers from CHT to outside, which the National Committee on CHT Affairs, the negotiating Committee during the dialogue and herself committed to the PCJSS Delegation (on day of the signing of the Accord on 2 December 2009).

However, it is yet to be known whether the GoB would sincerely and boldly implement the Accord or continue its previous policy of making CHT into a Muslim populated region through the process of assimilation of the indigenous Jumma peoples through change of demographic figure of population and forcible land grabbing along with cultural, social and religious aggression under patronization of the military and civil administration.

The Grand Alliance GoB, in the meantime, took few preparatory steps to have initiative about implementation of the CHT Accord, which are as follows:



1. Appointment of State Minister for MoCHTA

On 6 January 2009 during the formation of the cabinet, Grand Alliance Government appointed Mr. Dipankar Talukdar as State Minister for the Ministry of CHT Affairs (MoCHTA) and he was bestowed with full responsibilities of the ministry.

However, the CHT Affairs Ministry has been unable to work properly according to its mandate and power and function as almost all the officers in the Ministry are non-indigenous persons (Bengalis). Most of them are either unaware of or insensitive with the CHT and her original inhabitants or racially prejudiced and biased for Bengali settlers in CHT.



2. Appointment of the Chairman the Task Force

On 23 March 2009 the GoB appointed Mr. Jatindra Lal Tripura, MP from Khagrachari, as Chairman of the Task Force on Rehabilitation of Jumma Refugee Returnees and the Internally Displaced Persons. However, this Task Force is yet to be active. No meeting has been held so far.

It is noted that CHT Accord stipulates for rehabilitation of only internally tribal displaced families. However, violating this provision, Special Affairs Division under Prime Minister’s office sent an order on 19-07-1998 to Task Force asking to rehabilitate the Bengali settlers in CHT identifying them as IDPs.

In the Fourth meeting on 20 July 1998 the representatives of PCJSS and Jumma Refugees Welfare Association demanded pen off the point on rehabilitation of the Non-Tribal Families in CHT and the Task Force agreed to it and decided to put the matter of the letter to the PM for her kind withdrawal.

The Task Force did not comply with the decision. Rather the officials of the Task Force managed to collect lists of the Non-tribal families as well for their rehabilitation in CHT. PCJSS and the Refugees Association in protest of it boycotted the Task Force. Under the said circumstances, the process of rehabilitation of the Internally Displaced Persons got postponed.

That is why, unless this office order of the Special Affairs Division is withdrawn the officials of the GoB must pursue to have rehabilitation of the Non-Tribal settler families in CHT, which would make the Task Force inactive once again.

Therefore, this office order should be withdrawn for the sake of smooth rehabilitation of Jumma IDPs. But the GoB has taken no initiative so far to withdraw this contradictory office order.



3. CHT Accord Implementation Monitoring Committee

On 25 May 2009 the GoB appointed Sayeda Sajeda Chowdhury, Deputy Leader of the Parliament as the Convenor of the CHT Accord Implementation Monitoring Committee.

On 19 August 2009 the first meeting of the committee was held in Rangamati. Other two members of the committee, namely, President of PCJSS Mr. Jyotirindra Bodhipriya Larma alias Santu Larma and Chairman of Task Force Mr. Jatindra Lal Tripura, MP from Khagrachari also attended the meeting. State Minister for CHT Affairs Dipankar Talukder and CHT Development Board Bir Bahadur, MP from Bandarban were present at the meeting on special invitation. Besides, government officials including Secretary of the Ministry of CHT Affairs (MoCHTA) attended the meeting. It is reported that without consistent of the rules, Chairmen of three Hill District Councils, Deputy Commissioners of three hill districts and Chairman of Chittagong Development Authority were also invited in this meeting.

It is reported that it was basically inaugural meeting of the committee. This meeting did not discuss details on the provisions of the CHT Accord. That is why no decision has been brought out from this meeting. However, Convenor of the committee Syeda Sajeda Chowdhury reiterated that the CHT Accord would be fully implemented immediately. Finally it is decided that the next meeting would be held after the Ramadan.

It is noted that it is yet to be known how affectively the Convenor would play her roles for the implementation of the Accord. Previous experiences show that this Committee was fully dependent on the MoCHTA, which hardly played any positive role for execution of any decision of it. That is why it is necessary to consider whether this Committee should have any separate independence office for its proper functioning.



4. Appointment of Chairman of CHT Development Board

On 31 March 2009 the present Grand Alliance GoB replaced the General Officer of Commanding (GoC) of 24 Infantry Division of Bangladesh Army from Chairmanship of the CHT Development Board with Mr. Bir Bahadur U Shwe Ching, MP from Bandarban of Bangladesh Awami League.

However, such appointment of a Jumma person to the said post is consistent with the provision of the CHT Accord. But, the CHT Development Board is yet far from cooperating the CHT Regional Council for the supervision and coordination over it as per the CHT Regional Council Act, 1998.

As per the Clause 2 of Part A of the CHT Accord, the Ordinance of the Board is yet to be amended to adjust the subsequent legislation of the Accord.



5. Appointment of Chairman of CHT Land Dispute Commission
On 19 July 2009 the GoB once again filled up the post of the Chairman of the Land Commission with Mr. Khademul Islam Chowdhury, Retired Justice of High Court Division of Bangladesh Supreme Court.

He visited Khagrachari, Rangamati and Bandarban respectively on 3, 4 & 5 August 2009. The Deputy Commissioner wrote letters to CHT Regional Council and Rangamati Hill District Council to send representative and the Chakma Circle Chief Barrister Raja Devashis Roy to meet the Commission Chairman at the Circuit House in Rangamati. Executive Officer of CHTRC Mr. Krishna Chandra Chakma, Chakma Circle Chief and representative of Rangamati Hill District Council called on him there. He is yet to convene a formal meeting of the Commission in the next.

However, the news media publicised that the Chairman held a meeting of the Land Commission on the day and he made announcement that Cadastral Survey would be completed within October 2009.

The Clause 2 of Part D narrates that “after rehabilitation of the tribal refugees and internal tribal evacuees the government shall start survey of land in CHT as soon as possible and after proper inquires ownership of land shall be recorded and ensured.”

In violation of this provision, the officials of the GoB have been all the time interested to have Cadastral Survey of Lands in CHT with a view to providing land titles mainly to the Bengali settlers on the lands they forcibly occupied or illegally allotted by the GoB.

It is important to note here that the Minister of Law, Justice and Parliamentary Affairs also announced the same in his speech in the discussion meeting organised on the occasion of International Day for World’s Indigenous Peoples in Dhaka on 9 August 2009. So it is a question whether the GoB is to take up the survey of land in CHT at the moment, which would make the land disputes more critical.

Since 2008, the post of Secretary of the Commission fell vacant. Other staffs are also yet to be recruited. The Commission has no office of its own at all.

Furthermore it is noteworthy that the CHT Land Dispute Settlement Commission Act 2001 is yet to be amended as per recommendations of the CHTRC in accordance of the CHT Accord. There are 19 provisions in the Act contradictory to the CHT Accord. The Commission would not be able to function unless this Act is amended. So, amendment of it is very important as well as urgent.

In addition to the amendment of the Act, there is the necessity of making the Rules of Business of the Land Commission for proper functioning of the Commission and its Secretary and other officials. Until the date no steps have been taken by the GoB about the rules of the Business of the Commission.



6. Meeting of the Parliamentary Standing Committee on MoCHTA

Since the formation of the Parliamentary Standing Committee on MoCHTA, four consecutive meetings were held in Dhaka and three hill districts of CHT.

During the 3rd meeting of the Committee held on 20 July 2009 in Khagrachari, the Committee took decision with recommendation to cancel all leases given to non-tribal (Bengali) non-residents.

CHT Accord provides “Out of the lands allotted to non-tribal and non-local persons for rubber and other plantations, the lease (allocation) in respect of the lands of those who did not undertake any project during the last ten years or did not properly utilize the lands shall be cancelled.” This provision has not been implemented till today. In total 1,605 plots covering 40,077 acres of land have been given lease to non-tribal and non-local persons for rubber and horticulture purposes during 80s and 90s. But no one plot has been cancelled so far. Rather, allotments of land under this category continue unabated by the authorities.

On 18 August 2009 the 4th meeting the Committee was held at Peda Ting Ting resort in Rangamati presided over by the committee member ABM Fazle Karim Chowdhury, as its chairman Promod Mankin relinquished from the chairmanship for his induction in the cabinet as a state minister. Chairman of the CHT Regional Council Mr. Jyotirindra Bodhipriya Larma alias Santu Larma also attended the meeting on special invitation.

During the meeting, the committee recommended cancellation of the 260 plots, leased out to influential people, for violating the terms and condition of the allotment. It is also reported that the committee also recommended reorganising of the Task Force on Rehabilitation of Returnee Jumma Refugees and IDPs with requisite number of manpower to make it more active.

It is mentionable that the Parliamentary Standing Committee does not have executive power, rather makes only recommendation to the Ministry for implementation.



7. Withdrawal of 35 temporary camps

As per the Accord, all temporary camps of Army, Ansar and Armed police Battalion except 6 permanent installations were to be closed down and the time-limit shall be fixed for its purpose. Previously some camps, after the Accord, were withdrawn and of course, some new camps have been set up at various strategic places.

On 29 July 2009 GoB made announcement about withdrawal of 35 camps from different places of Khagrachari and Rangmati districts. News media reported that by 20 August 2009 the GoB closed down 12 camps from Khagrachari and Rangamati districts. It is of course, a positive move for implementation of the Accord. However, GoB is yet to fix full time-limit for closing down all temporary camps. In addition, GoB is also yet to withdraw de facto military rule ‘Operation Uttoron’ from CHT by which military forces have been interfering upon the civil administration and conducting military operation throughout the CHT.



8. Vested interest groups try to make situation turmoil

Since the announcement of withdrawal of the 35 camps, vested interest groups including Sama Odhikar Andolan (Equal Rights Movement), an extreme communal and fanatic organisation of Bengali settlers, have been protesting against the withdrawal of the camps. These vested groups alleged that the government decided to pull out troops from CHT bowing down without considering the security of Bengali settlers there.

It is also alleged that Bengali settlers also tried to make communal tension as well as communal attack on Jumma localities through fabricating various stories in order to foil the withdrawal of military camps. It is reported that on 14 August 2009 a group of Bengali settlers tried to attack Jumma villages at Bagachadar union under Longadu upazila (sub-district) in Rangamati district. At least four Jumma villagers were allegedly beaten and looted by Bengali settlers in this assault.

It is learnt that as per recent government declaration of withdrawal of 35 temporary camps, Kathaltali camp was declared to withdraw and accordingly, out of 30 personnel of the camp, 15 were closed to Longadu zone on 13 August 2009 and rest of forces were supposed to withdraw on 14 August 2009. But early in the morning on 14 August Bengali settlers from Thega Para under Bagachadar union very closed to Kathaltali camp gathered and blockaded the camp to prevent withdrawal of the forces. At a stage around 11.30 am, a group of Bengali settlers from Thega Para equipped with lather sharp weapons and sticks tried to attack on indigenous Jumma villages namely Ranjit Para and Bagachadar village. However, Jumma villagers opposed the Bengali settlers’ attack.

It is also reported that soon after the starting of withdrawal of 35 camps, mockery was staged by recovering two dead bodies of Bengali settlers from the Jumma localities in Khagrachari district. Jumma villagers claimed that the recovery of dead bodies at Jumma localities was a pre-planned act of Bengali settlers in order to justify insecurity of Bengali settlers and to create ground for communal tension to attack on Jumma localities.

One dead body of Bengali settler was recovered at the jum field near the Sorbeswar Para of Matiranga upazila under Khagrachari district on 16 August 2009. The dead body was identified as Md. Sohag (17) s/o Md. Hossain under Matiranga upazila. Bengali settlers, at first, spread propaganda that the deceased was killed by Jumma villagers. But later the shoes of deceased were recovered from the house of one Khalil Mian who was absconding since 16 August. Police of Matiranga police station also arrested Abu Taher who was suspected to involve with this killing.

Second dead body of settler woman (25 yrs) was recovered from the Jumma-inhabited Modon Karbari Para under Panchari upazila on 18 August 2009. Bengali settlers spread that deceased woman was missing on 17 August 2009 while she went to collect vegetables from the jungle and she was allegedly killed by Jumma villagers. But Jumma villagers claimed that dead body of the woman was kept at the stream near Modon Karbari Para in order to create communal tension to make situation turmoil. On 18 August 2009 the Bengali Settlers also brought out a procession in Panchari protesting killing of the woman in Panchari. Fearing Bengali settlers’ attack, most of women and children of of Modon Karbari Para and adjacent villages were shifted to safe areas.

On 20 August 2009 Parbatya Bangalee Chhattra Parishad (PBCP) observed dawn-to-dusk roads and waterways blockade programme in the three hill districts of CHT in order to oppose the withdrawal of the military camps.

Experts are of opinion that withdrawal of temporary camps by government by beating drum is politically motivated. It helped instigate the vested interest groups including opposition parties and Bengali settlers to oppose the withdrawal of temporary camps. It is also noted that Bengali settlers being completely dependent on the free ration of the GoB they can do nothing unless they get permission from the army authorities. Under above circumstances, it is yet to be observed whether the GoB would implement this provision at all.



9. Writ Petition against withdrawal of camps and CHT Accord

On 16 August 2009 Advocate Md. Tajul Islam, a leader of Jamat-E–Islami, on behalf of Badiuzzaman (a settler leader at Kowkhali Upazilla and member of the JEI), submitted a writ petition against the step of the GoB about withdrawal of some camps. Petitioner alleged that the government decided to pull out troops from CHT bowing down without considering the security of Bangalee settlers there and this would make the border with India unsafe and facilitate entry of foreign terrorist and smuggler groups.

On 16 August 2009 the Hight Court directed the government to suspend the ongoing withdrawal of troops from the CHT until 19 August scheduled for next hearing.

On 19-20 August 2009 the High Court vacated its earlier order directing the government to suspend withdrawal of troops from CHT. The final hearing of Writ Petition no. 2669 of 2000 (Mohammad Badiuzzaman v Bangladesh & Others) and Writ Petition no. 6451 of 2007 (Advocate Md. Tajul Islam v Bangladesh & Others) would be held in October 2009.



9. Overall Situation in CHT
There has been hardly any positive development on the overall situation in CHT. A few instances are provided below:

(i) Expansion of Settlement of the settlers and Forcible Land grabbing

Expansion of settlements and forcible land grabbing continue unabated in all the three districts including on the roadsides in particular. It is observed even on the Rangamati-Chittagong roadsides at Rangamti and Manikchari areas in Rangamti sadar upazila and Ghagra areas in Kaukhali upazila in Rangamati district.

Since the arson attack upon 7 Jumma villages by Bengali settlers with the support of Baghaichari army zone on 20 April 2008, most of the indigenous Jumma families could not return to their homes and villages until now. On the contrary, the Bengali settler families continue shifting there and occupying lands and gardens etc.

Same as above forcible land grabbing and expansion of settlement of Bengali settlers commenced in 2007 at the place between the Dwitila Army camp and the Four Mile Army camp at Hazachara Mouza under Dighinala Upazilla of Khagrachari district. Expansion of settlement continues there till the date.

In May and June 1009, the Bengali settlers forcibly occupied lands of the Jumma people in Jaliya Para areas in May-June 2009. In the beginning the Jumma people resisted them but they failed owing to active support to the settlers by the local army authorities.

Forcible land grabbing has got a very serious turn particularly in Bandarban. For instances, Upazila Nirbahi Officer (UNO) of Naikhyongchari upazila in Bandarban district made plantation and horticulture gardens on the 234 acres of land under Bakkhali mouza and 150 acres of land under Alikhyong mouza in Naikhyongchari upazila in the name of his wife and relatives. On the other, on 1 July 2009 the lease holders who are non-resident Bengalis threatened indigenous Mro villagers of 12 villages (228 families) under Lemu Palong mouza and Duluchari mouza to leave areas. Otherwise, they would be faced severe consequences. Indigenous Mro villagers put memorandum to the Prime Minister of Government of Bangladesh seeking justice. But no action has been taken so far.

(ii) Political intimidation

Political intimidation at this moment reduced. However, the local army continue conspiracy to arrest following PCJSS leaders in Rowangchari under Bandarban district:

a) Mr. Kyoba Mong, who contested for the chairmanship of the Rowangchari upazila in Bandarban and won the election but later announced defeated at a margin of 53 votes only and also president of PCJSS of Rowangchari branch

b) Mr. Aung Swe Mong Marma, chairman of Rowangchari sadar union and also vice president of PCJSS of Rowangchari branch and

c) Mr. Bharat Sen Tanchangya, general secretary of PCJSS of Rowangchari branch.

It is learnt that local army put pressure upon police authority of Naikhyongchari police station to arrest them referring the letter sent by Matiur Rahman, senior assistant secretary of Home Ministry on 4/07/2008 to MoCHTA, Bandarban Army Brigade authority, Superintendent of Police of Bandarban district, among others, in which above persons were falsely alleged to involve with extortion, terrorist activities and abuse of power. But it is yet to be executed.

In addition, the cases lodged against the PCJSS leaders including vice president Mr. Laxmi Prasad Chakma and general secretary Mr. Satyabit Dewan are yet to be withdrawn. A total of 15 cases were submitted to the Government Review Committee through concerned district committee for withdrawal. These cases were lodged against the PCJSS leaders during the period State of Emergency (2007-2008) and BNP-led coalition government (2001-2006) with an aim to political intimidation.

(iii) Operation on indigenous Chak localities in Naikhyingchari

On 16 August 2009 a group of BDR of 15 Battalion from Naikhyongchari camp and RAB jointly conducted operation at Baishari area under Naikhyongchari upazila in Bandarban district in the name of rescuing supervisor of rubber plantation Mr. Hefazuddin. It is mentionable that Mr. Hefazuddin and labourer of the plantation Md. Najer were kidnapped on 15 August allegedly by an extortionist group led by Prokash Chakma who introduces himself a member of UPDF. Later, the kidnappers released Md. Najer and demanded ransom for releasing of supervisor of rubber plantation Mr. Hefazuddin.

It is learnt that during the operation, the BDR and RAB first encircled the Badurjiri Chak Para under Naikhyongchari upazila and caught following 7 innocent jum cultivators belong to Chak community:

1) Mr. Aungchagya Chak (37) s/o Thuila Khai Chak;
2) Mr. Khijari Chak Karbari (50)
3) Mr. Chathau Chak (27) s/o Khijari Chak
4) Mr. Athui Chak (33)
5) Mr. Lagya Aung Chak (47) s/o late Ching Swe Chak
6) Mr. Swemong Sing Chak (18) s/o Lagya Aung Chak
7) Mr. Kyasing Mong Chak (30) s/o late Thuihla Khoi Chak.

Soon after the arrest, they were taken to a local primary school and tortured brutally there. Then they except Aungchagya Chak were released. Aungchagya Chak was kept under BDR custody since the arrest. He was not handed over to police authority and even produced before court till 23 August while the report writing.

Again, on 22 August 2009 BDR and RAB jointly conducted operation to rescue the kidnapped person. They took following 12 indigenous Chak villagers as helpers for searching operation:

1) Mr. Uchai Thowai Chak, (30) s/o Mongyeng Chak of Headman Para;
2) Mr. Uswe Ching Chak, (40) s/o Kyaja Chak of Headman Para;
3) Mr. Kyajairi Chak (38) of Headman Para;
4) Mr. Uchinh Mong Chak (15), a student of grade X, s/o Dhungcha Aung Chak of Upper Chak Para;
5) Mr. Aung Shajai Chak (15), a student grade X, s/o Basaik Chak of Upper Chak Para;
6) Mr. Chai Thowaihla Chak (30) s/o Raima Aung Chak of Upper Chak Para;
7) Mr. Uchagya Chak (20) s/o Chai Aung Chak of Madyam Chak Para;
8) Mr. Uthowai Mong Chak (50) s/o late Thowai Aungya Chak of Madyam Chak Para;
9) Mr. Chai Aung Chak (50) s/o Kyajahla Chak of Madyam Chak Para;
10) Mr. Chathui Aung Chak (30) s/o late Nithowai Hla Chak of Madyam Chak Para;
11) Mr. Kyaching Chak (13) s/o Chaihla Mong Chak of Madyam Chak Para;
12) Mr. Dhungchai Aung Chak (18) s/o Athui Chak of Madyam Chak Para.

But BDR and RAB failed to rescue the kidnapped person. Due to failing, they became angry upon the helpers of innocent Chak villagers. Then the Chak villagers were gathered to a local junior high school and inhumanly started to torture by turn by the BDR and RAB there. Besides them, the following Chak villagers were also brutally tortured by the BDR and RAB at the junior high school:

1) Mr. Machingla Chak (12) s/o Jani Aung Chak of Upper Chak Para;
2) Mr. Kramaching Chak (18) s/o Jani Aung Chak of Upper Chak Para;
3) Ms. Nongkhain Chak (25) w/o Uchaka Chak of Upper Chak Para;
4) Mr. Dhungcha Aung Chak (48) s/o Raima Aung Chak of Upper Chak Para;
5) Mr. Chingchala Chak (47) s/o Dhongneo Chak of Upper Chak Para;
6) Mr. Janing Aung Chak (55) (a primary school teacher) s/o late Mongcha Thowai Chak;
7) Ms. Janimey Chak (50) w/o Janing Aung Chak;
8) Ms. Lachau Chak (45) w/o Swe Jaiu Chak.

After meeting retaliation, most of villagers were set free on 22 August, but 7 innocent villagers were kept under BDR custody. The Chak villagers called on Mr. Bir Bahadur, ruling MP from Bandarban for taking necessary measure on 23 August. Mr. Bahadur assured them to look into the matter. It is also learnt that more 5 villagers were also released on 23 August afternoon, but following Chak villagers are still under BDR custody without producing before court as per the laws:

1) Mr. Aungchagya Chak (37) s/o Thuila Khai Chak of Badurjiri village;

2) Mr. Mong Wai Chak (20) s/o Kijairi Chak, Madyam Chak Para.

BDR and RAB personnel threatened that all the villagers would be put in jail and indigenous Chak villages would be evicted if the villagers failed to rescue the kidnapped Bengali person. The villagers of indigenous Chak community at Baishari areas under Naikhyongchari are living with fears and insecurity.

Operation on indigenous Chak localities in Naikhyingchari

By PCJSS

On 16 August 2009 a group of BDR of 15 Battalion from Naikhyongchari camp and RAB jointly conducted operation at Baishari area under Naikhyongchari upazila in Bandarban district in the name of rescuing supervisor of rubber plantation Mr. Hefazuddin. It is mentionable that Mr. Hefazuddin and labourer of the plantation Md. Najer were kidnapped on 15 August allegedly by an extortionist group led by Prokash Chakma who introduces himself a member of UPDF. Later, the kidnappers released Md. Najer and demanded ransom for releasing of supervisor of rubber plantation Mr. Hefazuddin.
It is learnt that during the operation, the BDR and RAB first encircled the Badurjiri Chak Para under Naikhyongchari upazila and caught following 7 innocent jum cultivators belong to Chak community:

1) Mr. Aungchagya Chak (37) s/o Thuila Khai Chak;
2) Mr. Khijari Chak Karbari (50)
3) Mr. Chathau Chakma (27) s/o Khijari Chak
4) Mr. Athui Chak (33)
5) Mr. Lagya Aung Chak (47) s/o late Ching Swe Chak
6) Mr. Swemong Sing Chak (18) s/o Lagya Aung Chak
7) Mr. Kyasing Mong Chak (30) s/o late Thuihla Khoi Chak.

Soon after the arrest, they were taken to a local primary school and tortured brutally there. Then they except Aungchagya Chak were released. Aungchagya Chak was kept under BDR custody since the arrest. He was not handed over to police authority and even produced before court till 23 August while the report writing.

Again, on 22 August 2009 BDR and RAB jointly conducted operation to rescue the kidnapped person. They took following 12 indigenous Chak villagers as helpers for searching operation:

1) Mr. Uchai Thowai Chak, (30) s/o Mongyeng Chak of Headman Para;
2) Mr. Uswe Ching Chak, (40) s/o Kyaja Chak of Headman Para;
3) Mr. Kyajairi Chak (38) of Headman Para;
4) Mr. Uchinh Mong Chak (15), a student of grade X, s/o Dhungcha Aung Chak of Upper Chak Para;
5) Mr. Aung Shajai Chak (15), a student grade X, s/o Basaik Chak of Upper Chak Para;
6) Mr. Chai Thowaihla Chak (30) s/o Raima Aung Chak of Upper Chak Para;
7) Mr. Uchagya Chak (20) s/o Chai Aung Chak of Madyam Chak Para;
8) Mr. Uthowai Mong Chak (50) s/o late Thowai Aungya Chak of Madyam Chak Para;
9) Mr. Chai Aung Chak (50) s/o Kyajahla Chak of Madyam Chak Para;
10) Mr. Chathui Aung Chak (30) s/o late Nithowai Hla Chak of Madyam Chak Para;
11) Mr. Kyaching Chak (13) s/o Chaihla Mong Chak of Madyam Chak Para;
12) Mr. Dhungchai Aung Chak (18) s/o Athui Chak of Madyam Chak Para.

But BDR and RAB failed to rescue the kidnapped person. Due to failing, they became angry upon the helpers of innocent Chak villagers. Then the Chak villagers were gathered to a local junior high school and inhumanly started to torture by turn by the BDR and RAB there. Besides them, the following Chak villagers were also brutally tortured by the BDR and RAB at the junior high school:

1) Mr. Machingla Chak (12) s/o Jani Aung Chak of Upper Chak Para;
2) Mr. Kramaching Chak (18) s/o Jani Aung Chak of Upper Chak Para;
3) Ms. Nongkhain Chak (25) w/o Uchaka Chak of Upper Chak Para;
4) Mr. Dhungcha Aung Chak (48) s/o Raima Aung Chak of Upper Chak Para;
5) Mr. Chingchala Chak (47) s/o Dhongneo Chak of Upper Chak Para.

After meeting retaliation, most of villagers were set free on 22 August, but 7 innocent villagers were kept under BDR custody. It is also learnt that more 4 villagers were also released on 23 August afternoon, but following Chak villagers are still under BDR custody without producing before court as per the laws:

1) Mr. Janing Aung Chak (55) (a primary school teacher) s/o late Mongcha Thowai Chak;
2) Ms. Janimey Chak (50) w/o Janing Aung Chak;
3) Ms. Lachau Chak (45) w/o Swe Jaiu Chak;
4) Mr. Aungchagya Chak (37) s/o Thuila Khai Chak.

BDR and RAB personnel threatened that all the villagers would be put in jail and indigenous Chak villages would be evicted if the villagers failed to rescue the kidnapped Bengali person. The villagers of indigenous Chak community at Baishari areas under Naikhyongchari are living with fears and insecurity.

Celebration of International Day for World’s Indigenous Peoples in Bangladesh

By Kapaeeng Foundation

Bangladesh Indigenous Peoples Forum (BIPF) undertaken 4 day programme to celebrate the International Day for World’s Indigenous Peoples in Dhaka demanding “Constitutional Recognition of Indigenous Peoples’ Rights”. On the other, several organisations at national and regional level organised rally, discussion meeting, cultural function, friendly football match etc marking the Day. Several organisations also published magazines, posters and books on occasion of the Day.

BIPF’s Press Conference in Dhaka

On 5 August 2009 BIPF organised press conference at National Press Club in Dhaka. At the press conference, President of the BIPF Mr. Jyotirindra Bodhipriya Larma alias Santu Larma presented a 13-point charter of demands, which include constitutional recognition of 45 indigenous communities, their entity, language and culture, formation of a separate land commission for indigenous people living on the plains and constitutional recognition of their right to land, implementation of CHT Accord, ensuring their right to education in their mother tongues and practising their culture, and appointment of indigenous teachers in schools.

Mr. Larma claimed that army domination in CHT has not ended yet. He demanded an effective roadmap for implementation of the CHT peace accord. Larma alleged that the trend to grab indigenous people's land with the help of the administration has increased recently, which is threatening the rights of the indigenous peoples throughout the country.

BISAF’s Human Chain in Dhaka

On 7 August 2009 Bangladesh Indigenous Students’ Action Council organised a human chain at Shahbagh in Dhaka demanding constitutional recognition of the indigenous peoples’ rights where hundreds of students and youths attended.

BIPF’s Inaugural Ceremony and Grand Rally

On 8 August 2009 BIPF organised inaugural ceremony at the Central Shaheed Minar in Dhaka. Presided over by Mr. J B Larma, president of the Communist Party of Bangladesh Mr. Manzurul Ahasan Khan inaugurated the programme of the day as chief guest. He demanded full restoration of the 1972 constitution and incorporation of the rights of the indigenous peoples in it. Among other, Rashed Khan Menon MP of Workers’ Party, Khushi Kabir of Nijera Kori, professor Mesbah Kamal of Bangladesh Adivasi Odhikar Andolon, columnist Syed Abul Maksud, Bangladesh Mohila Parishad president Ayesha Khanam, dramatists Ramendu Majumdar and Mamunur Rashid, Adivasi representatives Shaktipada Tripura, KS Mong and Adivasi Forum general secretary Sanjib Drong spoke at the inauguration. Speakers called on the government for constitutional recognition of 45 indigenous communities, their entity, language and culture, formation of land commissions for indigenous communities in the hill districts, and recognition of their rights to education in their language.

Indigenous artists performed a display of dance and this was followed by colorful rally from Shaheed Minar to Shahbag area. Indigenous peoples from different parts of the country and different social and cultural organisstions participated in the rally.

BIPF’s Indigenous Fair and Discussion Meeting

On 9 August 2009 BIPF organised day-long indigenous fair and half-day (afternoon) discussion meeting at premises of the Engineers Institute in Dhaka. The indigenous fair that supported by Manusher Jonno Foundation was inaugurated by Industry Minister Mr. Dilip Barua. He said that since after 38 years of independence, constitutional recognition of indigenous people was not achieved. He hoped grand alliance would fulfill the issue.

On the other, Minister for Law, Justice and Parliamentary Affairs Mr. Shafiqu Ahmed was attended as Chief Guest in the discussion meeting while presided over by J B Larma. Mr. Ahmed said that the first condition of protecting land rights is to conduct a survey of land in the CHT. He also mentioned that necessary measures would also be taken to recover land of the indigenous people living on plain land. The minister also sought assistance from the indigenous people to bring back the Constitution of 1972 to protect their rights.

J B Larma said that indigenous people are owner of all lands, excluding the reserve forests, in respective mouzas in CHT. There are no khas lands in the region. He came up with the views in reply to the statement of the law minister, Shafique Ahmed, who told the discussion that the government would complete land survey in the hill districts by December 2009. He added that the government was enacting laws for the hill people in CHT. But CHT Regional Council, an apex body of CHT administration, is in the dark about this. The laws should be drafted in consultation with the council.

Among other, Chakma Circle Chief Raja Devasish Roy, State minister for CHT affairs Dipankar Talukdar, Dhaka University professor Sadeka Halim, Danish Ambassador Einor Jhensen, European Union ambassador Brain Forey, Prasenjit Chakma of UNDP and ILO Country Representative Panudda Boonpala and General Secretary of BIPF Sanjeeb Drong spoke in the discussion.

TWA’s programme in Dhaka

On 9 August 2009 Tribal Welfare Association (TWA) organised discussion meeting at Shishu Academy in Dhaka. Presided over by TWA president and State Minister for Culture Promode Mankin MP, Information Minister Abul Kalam Azad attended as Chief Guest. Food Minister Dr. Md. Abdul Razzak, State Minister for CHT Affairs Mr. Dipankar Talukdar MP, President of Jatiya Samajtantrik Dal Hasanul Haque Inu and Professor of Dhaka University Dr. Nim Chandra Bkoumik attended the discussion as special guest.

Earlier, in the morning, day-long programme of TWA was inaugurated by Vice Chancellor of Dhaka University Prof. Arefin Siddique at Central Shaheed Minar in Dhaka. Inaugural ceremony was followed by a colorful rally.

Rangamati

On 9 August 2009 “Indigenous Peoples Day 2009 Celebration Committee, Rangamati” organised discussions marking the International Day of World's Indigenous People. Predided over by Convenor of the celebration committee Mr. Prakriti Ranjan Chakma, Chairman of Rangamati Hill District Council Mr. Nikhil Kumar Chakma inaugurated the rally through releasing pigeons and addressed the meeting as chief guest. PCJSS leader and member of CHT Regional Council Ushatan Talukder, BNP district unit convenor Dipen Dewan, former RHDC chairman and district AL vice-president Chingkiew Rouaza addressed, among others.

Congratulating the present government for taking initiatives for implementation of the CHT Accord, speakers said lasting peace in the CHT is not possible without full implementation of the Accord. They also emphasised primary education through mother tongue and protecting traditional culture and heritage of the indigenous peoples. They also said that social, economic and political rights of the indigenous people are yet to be established and many indigenous families were evicted from their ancestral land and homesteads as outsider Bangalee settlers grabbed their lands.

Earlier, a mammoth colourful procession paraded main thoroughfares in Rangamati town.

Khagrachari

On 9 August 2009 Biswa Adivashi Dibosh Udjapon Committee organised a discussion on the occasion of the Day. Chairman of Task Force on Rehabilitation of Returnee Jumma Refugees and IDPs Jatindra Lal Tripura MP attended the discussion as chief guest. He hailed the government for forming different committees to implement the CHT Accord, forming Land Commission to resolve land disputes in CHT, activating the Task Force and declaration of withdrawal of temporary camps from CHT.

Rajshahi

On 9 August 2009 A procession of indigenous people including men, women and children paraded the roads of Kakonhat municipality in Godagari upazila. Later at a discussion on the municipality office premises, they demanded formation of a separate land commission for the indigenous people of plain land, ensuring primary education in their mother tongue, quota in jobs and putting an end to atrocities on them. Nine NGOs namely Karitas, Ekota, Ashwas, Jaitun, Manwa Nattya Dal, Titas, ESCDF, ASAUS and Shacheton Sharik organised this programme.

Kakonhat municipality Mayor Abdul Majid was chief guest at the meeting presided over by Astha Network President Ganesh Mardi while Jatiya Adivashi Parishad President Anil Marandi, spoke, among others.

Thakurgaon

On 9 August 2009 Thakurgaon District Adivashi Parishad in cooperation with Eco Social Development Organisation, RDRS Bangladesh and Karitas organised a discussion and cultural programme at the district Shilpakala Academy Auditorium in Thakurgaon with a call to recognise constitutional and land rights for indigenous people.

At the discussion with National Adivashi Parishad President Surja Murmu in the chair, speakers also demanded mother tongue-based primary education for indigenous children and indigenous people's quota in higher education and government service.

Sylhet

On 9 August 2009 Divisional Committee for Celebration of International Indigenous Day organised rally and discussion meeting at Saifur Rahman Auditorium in Sylhet. Discussion meeting was presided over by committee convenor Mr. Gouranga Patra while Mayor of Sylhet City Corporation Md. Badar Uddin Ahmad Kanran attended as Chief Guest. Among others, Dr. Tulshi Kumar Das of Shahjalal Science and Technology University, PCJSS leader Mangal Kumar Chakma, Chairman of Sylhet Upazila Parishad and its Upazila Nirbahi Officer spoke in the discussion. A colorful rally was brought in Sylhet city before starting the discussion.

Earlier on 8 August 2009 at a press conference at Sylhet Press Club the leaders of the communities placed a 12-point demand including the indigenous people's participation in all government safety net programmes.

Mymensingh

On 9 August 2009 a day-long programme was organised by International Indigenous Day Celebration Committee at Zila Shilpakala Academy marking the day. Mymensingh Additional Deputy Commissioner Mohammad Mohsin inaugurated the programme. Regional Director of CARITAS Theofil Nokrek, Prof Tahmina Parveen, Brother Gueum, Kazi Azad Jahan Shaheen, Dilip Hagidak and Dr Bilium Animesh Sangma spoke as special guests at the inaugural session presided by Tushar Daring, convener of the committee. Speakers said that the rights of the indigenous people in Bangladesh as well as in the world should be protected for a harmonious society.

On the other, at a discussion titled 'Establishing social, cultural and land rights with constitutional reorganisation', at the same venue, Bangladesh Agricultural University Vice Chancellor Prof Dr MA Sattar Mandal addressed as chief guest. Greener Marak presented the key-note paper at the discussion presided over by Subash Jengsum, president of international indigenous day celebration committee, in the chair. Speakers said that as citizens of the country, indigenous people deserve all kinds of rights but their social, cultural and land rights are yet to be reflected in the constitution. They demanded a separate land commission to establish the indigenous people's rights on land and mitigate their sufferings caused by land grabbers.

Earlier, a colourful rally paraded the main thoroughfares of the town. A friendly football match was also held marking the occasion in the afternoon.

ILO Book Launching Programme

On 10 August 2009 BIPF and ILO jointly organised a book launching ceremony at WVA Auditorium in Dhaka with Jyotirindra Bodhipriya Larma in the chair. The book titled “The ILO Convention on Indigenous and Tribal Populations, 1957 (No. 107) and the Laws of Bangladesh: A Comparative Review” written by Raja Devasish Roy was published by ILO marking the International Day for World’s Indigenous Peoples.

Foreign Minister Dr. Dipu Moni attanded the programme as Chief Guest while State Minister for CHT Affairs Dipankar Talukdar and Attorney General for Bangladesh Mr. Mahbubey Alam were present as special guest. Among others, Prof. Dr. Mizanur Rahman of Dhaka University, eminent human rights defender Barrister Sara Hossain, PCJSS leader Mangal Kumar Chakma, indigenous rights activist Ajoy A Mree spoke in the programme.