Fresh news of minority persecution in Bangladesh

Source: American Chronicle

Abduction of a Christian girl: Silvia Sarker [Merry], aged about 12 and a student of 8th grade was abducted on July 30, 2009 on her way to home from school in Barisal district [southern part of Bangladesh] by a group of armed youths. Silvia Sarker is a student of local Sreemati Matrimongal Girls High School.

A group of culprits named Al-Amin Faria [24], Shamim Faria [22], Shahadat Faria [20] amd Sattar Faria [50] of the locality abducted Silvia Sarker at around 1:00 pm from a place which is two kilometer away from the local police station. A first information report [formal case] was lodged on August 2, 2009 by Julian Sarker, father of the Christian school girl, under section 7/30 of the Women and Children Repression Act. Case number 3.

In the first information report (FIR), it was alleged that the victim was abducted for forceful conversion to Islam and was forced to marry a Muslim boy. She was subsequently raped by her abducter. Local newspapers carried news of this abduction. Police failed to rescue the girl from the captivity of the abducters.Though police arrested two of the accuseds, but they later were released on bail from the court and started giving threats of dire consequence to family members of the abducted girl.

Attack on Hindu temple: A group of influential locals under the leadership of one Ibrahim attacked ´Lord Shiva Temple´ at Dhamrai sub-district, under Dhaka district of October 8, 2009. Attackers demolished deities, looted valuables and injured 10 Hindus including the priest of the temple. Subsequently a case was lodged with the local police station by the priest Mongal Chandra Mondal [a local Hindu], but police did not arrest any of the attackers for reason unknown.

Forceful conversion of a Hindu girl: The Trend of fraudulent conversion by Muslims personifying Hindu adolescent girls increased abnormally at Joypurhat [northern part of the country] in Bangladesh. In those areas, a sense of insecurity prevails amongst the Hindu communities due to such unabated trend. The local administration also failed to provide adequate protection to victim families of Hindu communities.Purnima Rani – daughter of Dulal Roy of Chitra Para-Joypurhat town was missing for weeks. She was not rescued by police as her abducters were patronized by local leaders of the ruling party. In this area, police regularly deny to register complaints of abduction and forceful conversion.

Another Hindu girl named Nabami Sarkar – daughter of Akhil Sarkar as well Krishna Rani, Mina Debnath, Shikha Debnath and Prativa Rani [all Hindu girls] were forcefully abducted for conversion into Islam by influential locals. At the frantic bid of the human rights and minority rights groups, local police rescued Purnima Roy daughter of Dulal Roy on October 9, 2009 and produced her before the court. The court sent her to judicial custody.In another incident, a Hindu girl named Krishna was abducted by a Muslim boy and later was raped in captivity. Local finally were able to rescue the girl in a critical condition. Though a case was lodged, there was no action by the police against the perpetrators.

It is alleged that, local politicians belonging to the ruling party are putting pressure on police in remaining silent on such cases of abduction and conversion, as many Muslims consider conversions as a ´Holy task´.Most of the Hindu parents of girl children are in serious fear, as such abduction and forceful conversion may happen with their girls any moment.Trend of forceful conversion of religious minorities to Islam is increasing in Bangladesh especially after the increase of activities of Tablighi jamaat as well as provocative sermons by Muslim clergies in the mosques.

These clergies and Tablighis offer heaven for the person and his parents and fore-parents for a successful conversion of a religious minority girl or boy into Islam. According to Bangladesh law, abduction and forceful conversion is a criminal offense. But, none were ever convicted by any courts of law in the country for forcefully converting any minority girl into Islam. In most cases, the abducted girls are converted into Islam and subsquently married to a Muslim boy. Before trial starts, these abducted girls mostly become pregnant. So, they fail to speak out against such crime, fearing finally being abandoned both by her ´husband´ as well members of her family and community.

Several females, who were victims of such notoriety finally ended up in local brothels, being totally abandoned by everyone.Establishment of a rehabilitation center for such minority girls, who are abducted, violated and finally rescued but abandoned by the families and societies should be established in Bangladesh for the greater cause of humanity. On the other hand, Bangladeshi government should also introduce strict law for the incidents of attack on religious temples or worship places by any citizen of the country

A minority Hindu girl abducted at Patuakhali, Bangladesh

Victims family is under threat from Criminals

Source: The daily “Janakantha” dated 11th October, 2009.

Serious tension prevailing at Patuakhali town in Bangladesh where a minority Hindu girl was kidnapped by a group of criminals on 30th September,09 with active collusion of Neseruddin ( Babu )(20) son of Chan Meah Behari and Rana a.k.a. Zamal Rana (22). Despite lodging a GD at the local police station, victim’s father is absconding for life while criminals roam freely.
Local police is also reluctant to protect family members and the father of the victim partly because of criminals influence in the influential circle of the locality.
According to the report, Victim was kidnapped on the evening of 30th September at around 8PM when she went to purchase candle from a nearby store. Allegedly, the aforementioned perpetrators noted above with the active instigation of Sohag abducted the minor girl- Anamika Saha and fled away. Netai Chandra Saha –father of the victim lodged F.I.R. at Patuakhali Sadar Police station against those perpetrators under section 7/30 of Nari-O-Shishu Nirjatan Ain, 2002. A case being Patuakhali P.S. case number 4(10)2009 was registered.

Netai Chandra Saha lamented getting back his daughter from criminals family who is acting as legal guardian of the perpetrators –but those legal guardians, although committed to return back his daughter but neglected. As soon as the case was started the legal guardian and the perpetrators threatened Netai Chandra Saha and they became more furious informing him that they would not return their daughter forever.

Bangladesh: Hindu Temple attacked, desecrated and ransacked

Muslim Perpetrators attacked Hindu Temple, desecrated and demolished deities, looted belongings, injured 10 at Dhamrai

(The Daily Samakal dated 9th October, 2009):

Dhaka on 8th October, 2009: The powerful perpetrators attacked "Shiva Kali Mandir" situated at village ?Sombag within Dhamrai Upazila of Dhaka District on 8th October, 2009 at noon. They also demolished the deities, looted valuables, desecrated them and injured 10 persons including Pujari of the temple.
Mongal Chandra Mondal being informant of the case lodged F.I.R. at Dhamrai Police station on the same day. Police could not arrest any persons responsible for the heinous crime.
It is also learnt from the police and the local people that seven decimals of land in the name of the ?Shiva KaliTemple? existed there. Some worshippers started renovation of the temple on the advice of Mongal Chandra Mondal on 8th October, 2009. As soon as the pujaris started renovation works on the temple some perpetrators under the leadership of Ibrahim attacked them and broken the lock of the temple, demolished the deities ?Shiva Murthi. Instantly the Pujari ?Mongal Chandra came forward for their protection and the perpetrators also attacked him injuring seriously. The executives of the Temple committee came forward for safety of Mongal Chandra but unfortunately they have also been attacked indiscriminately.
I had communicated with the local administration at Dhamrai over phone and they informed me that the situation will be controlled. The perpetrators will be brought to book as per law.

Human rights groups urge Land Commission to cancel CHT land survey decision

Source: Kapaeeng Foundation

On 7 October 2009 at a press conference held at Reporters’ Unity auditorium in Dhaka, human rights groups urged the Land Commission to scrap its decision to conduct a land survey in CHT before resolving the land disputes। They made the demand following the announcement of the CHT Land Commission on September 8 to start a land survey from October 15 which will end on March 15 of next year।The press conference titled 'Importance of resolving land dispute and land survey in CHT ' was organised jointly by the Association for Land Reform and Development Commission (ALRD), Ain O Salish Kendro, HDRC, Nijera Kori, Bangladesh Adivasi Forum, Kapaeeng Foundation and Khagrachari Headmen Association. The press statement was signed by Rtd justice Md. Golam Rabbani, Ms. Sultana Kamal of Ain O Salish Kendro, Ms. Khushi Kabir of Nijera Kori, Prof. Abul Barakat of Dhaka University, Mr. Samshul Huda of ALRD, Mr. Sanjeeb Drong of Bangladesh Adivasi Forum, Mr. Shakti Pada Tripura of Khagrachari Headmen Association, Mr. Sudatta Bikash Tanchangya of CHT Forest and Land Rights Movement and Mr. Dipayan Khisa of Kapaeeng Foundation.Rights groups said in the written statement that the decision to conduct land survey in the CHT before resolving the disputes over the ownership of lands would only intensify the complexities. He added that the announcement of starting land survey before resolving the disputes over the ownership stands against the spirit of CHT Accord and the election manifesto of the government. He also raised question about the experience of the officials of the Directorate of Land Record and Survey to conduct land survey in CHT and said the decision to complete the land survey in CHT within five months is nothing but an imaginary plan.They made following demands for total disputed land in CHT and strengthening the Land Commission-(1) to stop any initiative of land survey in three hill districts of CHT;(2) to amend the CHT Land Dispute Resolution Commission Acr 2001 as per recommendation during the current session of the Jatiya Sangsad on urgent basis;(3) to identify land disputes of different places of CHT and to initiate for formulation of databse on this regard;(4) to start land dispute sesolution in consultation with CHT Regional Council, Circle Chiefs, CHT Affairs Ministry and other concerned leaders of indigenous peoples as per CHT Accord;(5) to appoint necessary officers and employees including secretary of Land Commission immediately in order to setting up of its office as per CHT Accord;(6) to strengthen Land Commission as independent commission in accordance with democratic norms to ensure that it could not be turned a rubber of any person;(7) to allot adequate fund for strengthening and making office of the Land Commission effective.The statement of the rights group was read out by Samshul Huda, Executive Dircetor of ALRD while former Justice Golam Rabbani and Bangladesh Adivasi Forum General Secretary Sanjib Drong were present at the press conference.

Bangladesh: Cancel land survey before resolving disputes in CHT

Adivasi Odhikar Andolon urges govt

Source: The DailyStar

Speakers at a press conference yesterday demanded cancellation of land survey in Chittagong Hill Tracts (CHT) before resolving the land disputes in the hilly areas.
“The resolution of land disputes is more important than conducting the land survey. The survey activities before resolving the land disputes will intensify the complexity in CHT,” they added.
The press conference on 'Cancellation of land survey and resolving the land disputes on the basis of CHT Peace Accord' was organised by Bangladesh Adivasi Odhikar Andolon at the Dhaka Reporters' Unity.
In a written statement, Prof Mesbah Kamal, general secretary of the organisation, termed the government initiative for land survey a threat to land rights of the indigenous people.
“According to the CHT Peace Accord 1997, the government will resolve the land dispute first, and then it will take necessary initiative for land survey after discussion with the CHT Regional Council. But the CHT Land Commission Chairman Khademul Islam Chowdhury has announced to launch the land survey there without any discussion with others,” he said.
Prof Kamal also asserted that it is impossible to complete the land survey in CHT within five months (from October 15, 2009 to March 15, 2010 as announced by the commission).
Lauding the government for withdrawal of temporary army camps from the CHT, he said, “The government is pledge-bound to implement CHT Peace Accord 1997. These are some positive signs for full implementation of the accord.”
He also placed some demands that included amendment to CHT Land Dispute Resolution Commission Act 2001, identification of land dispute in different places in CHT and formation of a database in this regard, initiative to resolve land dispute after discussion with the CHT Regional Council, District Council, circle chief and the ministries concerned and allocation of adequate money for strengthening the commission
“In a democratic country no one can do anything beyond the constitution. Similarly any activities in the CHT should be run on the basis of CHT Peace Accord 1997. But the initiative of land survey before resolution of land dispute goes against peace accord,” said former Justice Golam Rabbani.
He urged the government to put emphasis on resolving the land disputes first and then conducting the survey.
Prof H K S Arefin, president of the organisation, Sanjib Drong, general secretary of Bangladesh Adivasi Forum, were present at the press conference.

Bangladesh: Rape is inevitable if not punished

Source: The DailyStar
By: Ripan Kumar Biswas

We will not mind if Oscar-winning filmmaker Roman Polanski is tried per the same law that applies to anyone who commits such a crime, because letting this kind of crime go unpunished is not only a miscarriage of justice but also a slap to humanity. Polanski, 76, who drugged and raped a 13-year-old girl in California in 1977, was arrested on September 26, 2009 on a U.S. warrant by authorities in Switzerland.
Rape or sexual torture is not just a heinous criminal act but a morally despicable one too. Sexual abuse is a serious world problem and a crime against the community, not only against the victim herself. Rapes happen across the social strata in Bangladesh. They are never reported unless the news becomes public. In recent times, almost every newspaper in Bangladesh covered a series of rapes across the country.
A teenage girl was kidnapped by a gang of young men at Uttar Goalia village under Thakurgaon district, on September 26, 2009. A schoolgirl of class 3 was raped at Ramanandapur village in Pabna Sadar upazila on Friday, October 2, while rapists didn't spare a ten-year old schoolgirl's life after fulfilling their heinous act at Nayapara village in Dhubaura upazila, Mymenshingh on Thursday, October 1. A leader of the student wing of the present ruling government was one step ahead as his raping video hit the market. Ahsan Kabir Mamun, a leader of Pirojpur district unit Bangladesh Chhatra League (BCL) lured a class 10 student to a love trap, raped her, recorded it in mobile, and then marketed it.
The above reports, in addition, include a gang rape conducted by a group of BCL activists. They kidnapped a school girl of class 7 of Pakhimara in Kalapara upazila, Patuakhali, on September 25, and raped her until at around 2:00 am. This report, however, ended with more rotten news. The group was able to get rid of this allegation with a fine of Tk.10,000 each and managed to ensure their escape by local Awami League leaders. They even forced the victim's family to rebut the rape report in a press conference organised by them. The victim's family was also forced to file a defamation case against the local reporters who focused on the rape news.
The victim or victim's family go into hiding every time that police or law enforcement agencies remain inactive against the rapists, amidst reprisal from the perpetrators, when instead, the rapists should be punished and not let off. But very often, we find that the legal system in Bangladesh apparently is lenient with rapist, paedophiles, and exhibitionists -- the sex offenders who put fear into the public and pose a threat to residents in their neighbourhoods and communities.
It is only the rape victim who has no chance of justice. In a cruel way, this often forces the rape victim to accept rape as an unfortunate occasional occurrence within all families, and she herself may acquiesce in hushing up another rape tomorrow.
The law enforcement agencies, even when they get to know of a rape, or even when a rape victim approaches them, almost always discourage the family from filing a complaint. Often they are threatened, if the alleged rapist is someone in a powerful position or a political activist. At other times, the police remind the victim's family of the social repercussions and attention (and permanent social humiliation, no marriages for anyone else in the family etc. etc.) and the victim returns home to wash away all evidence of the crime.
Rape is a devastating crime. Some women are badly injured. Some become pregnant. Some contract HIV. But the emotional trauma can be worse than any physical injury. Women who are raped have nightmares, panic attacks, waves of self-doubt, and/or an overwhelming sense of distrust. The lives of women who are raped are forever changed. Some say they will never be the same, and that it's like dying.
683,000 forcible rapes occur every year in the world, which equals 56,916 per month, 1,871 per day, 78 per hour, and 1.3 per minute. According to the Dhaka-based human rights monitoring group Odhikar, a total of 44 women and girls were raped between August 1 and 31 in the country. Among them, 16 were women and 17 were children, aged below sixteen. Out of 16 women, 3 were reportedly killed after rape, 5 were victims of gang-rape, while out of the 17 girls, 2 were reportedly killed after rape, and 5 were victims of gang-rape. In May, 33 women and girls fell victim to rape. From January to March 2009, 73 women and children were the victims of rape or attempted rape.
In 1993, the United Nations passed a resolution placing rape, for the first time, within the framework of war crimes. Furthermore, the U.N. General Assembly established that rape, under certain circumstances, could also constitute genocide. The International War Crimes Tribunal in The Hague reinforced this with a ruling in 2001, stating that rape of civilians is a crime against humanity. Rape is mentioned only once in Bangladesh's International Crimes (Tribunals) Act of 1973, and is identified only as a crime against humanity. It has been alleged that an estimated 200,000 women were raped during the Bangladesh Liberation War by the Pakistani army.
The law in Bangladesh prohibits rape and physical abuse. The Women and Children Repression Prevention Act of 2000 ensures stringent punishment, up to death, for rape-related crimes. Women leaders, human rights activists, lawyers and civil society members have no problem with the law. But given the cultural pressures, the sense of shame, the fear and the slow, bullock-cart pace of justice in the country, and direct influence by political leaders, many rape incidents go unreported for various reasons. A rape victim becomes unwarranted in society if the incident is made public. There are some people who even blame the victim, not the rapist, for the offence. Many victims commit suicide out of shame after being raped.
Sexual violence is impacting the next generation. Violence against women is an obstacle to the achievement of the objectives of democracy, development, and peace in any country. Despite having women politicians and women in leadership positions in the country, violence against women, unfortunately, continues to be part of daily life.
If the government is really serious about curbing this kind of violence against women and girls, the punishment for such crimes must be harsh, leaving any kind of consideration aside. If a rapist gets away scot-free, or gets away with minor punishment, then that means rape is a viable sexual strategy for a large number of men. Rape is inevitable if we don't punish it.

Bangladesh: Chittagong Hill Tract Commission Report

Source: PCJSS

Note: The report is from the CHT Commission third mission to Bangladesh on August 10-18, 2009. The report also follows up on the issues and recommendations raised in the report of the CHT Commission’s second mission in Bangladesh in February 2009.The third mission aimed at assessing the situation in the CHT with regard to ongoing reports of human rights violations and monitoring the implementation of the different provisions of the CHT Accord. It also aimed at following up on recommendations made during the previous missions and engaging in dialogue with concerned parties. Accordingly the mission held high-level meetings with the Prime Minister and concerned Ministers, the CHT Land Commission and the Law Commission. It also met brigade commanders, senior police officers, political party and civil society representatives and interviewed victims of human rights violations among the indigenous peoples in the CHT. The delegation also conducted field visits to Bandarban, Rangamati and Khagrachori districts, interviewing and holding discussions with both indigenous peoples and Bengalis, including victims of human rights violations and forcible land grabbing. Details of this report, is attached herewith. For further information please visit this link; http://www.iwgia.org/sw153.asp#516_30118 or contact to Ms Christina Nilsson- cn@iwgia.org

REPORT OF
THE CHITTAGONG HILL TRACTS COMMISSION’S
MISSION IN BANGLADESH
August 10-18, 2009

This report sets out the activities of the CHT Commission on its third mission to Bangladesh on August 10-18, 2009, following steps taken by the Awami League-led Government to implement provisions of the CHT Accord of 1997. The report also follows up on the issues and recommendations raised in the report of the CHT Commission’s second mission in Bangladesh in February 2009.

The third mission aimed at assessing the situation in the CHT with regard to ongoing reports of human rights violations and monitoring the implementation of the different provisions of the CHT Accord. It also aimed at following up on recommendations made during the previous missions and engaging in dialogue with concerned parties.

Accordingly the mission held high-level meetings with the Prime Minister and concerned Ministers, the CHT Land Commission and the Law Commission. It also met brigade commanders, senior police officers, political party and civil society representatives and interviewed victims of human rights violations among the indigenous peoples in the CHT. The delegation also conducted field visits to Bandarban, Rangamati and Khagrachori districts, interviewing and holding discussions with both indigenous peoples and Bengalis, including victims of human rights violations and forcible land grabbing. For the full list of meetings held, see Annex 1.

The following is a brief account of the issues discussed with the various concerned parties during the third mission and the recommendations put forward by the CHT Commission. These recommendations to the Government are intended for its immediate consideration, and focus upon solving the land disputes in the CHT, enhancing the powers of the civil administration in the CHT and protecting human rights and ensuring access to justice in the CHT.

I. The full implementation of the CHT Accord 1997
In 1997, the Government of Bangladesh and Parbatya Chattagram Jana Samhati Samiti (PCJSS) signed the CHT Accord, which ended an almost two-decade long armed struggle for autonomy for the region. The Accord promised:

1. land rights to the indigenous people;
2. revival of their cultural identities;
3. rehabilitation of internally displaced people and repatriated refugees;
4. withdrawal of military from the CHT, with the exception of permanent military establishments; and
5. self-government through regional and district councils.

Most of the provisions, however, remained either unimplemented or only partially implemented, thereby maintaining the CHT as an area characterized by severe human rights violations and militarization.

With the Awami League-led Government’s pledges in connection with the December 2008 election to fully implement the CHT Accord and to secure their rights and to undertake special programmes to preserve the language, literature, culture, and unique lifestyles of the indigenous communities, hopes were raised that all the provisions of the CHT Accord would finally be implemented without furher delay.

True to its election manifesto, the Government has taken important measures to implement the CHT Accord. These include specifically the setting up of the National Committee for Implementation of the CHT Accord, re-establishment of the Land Commission and the Task Force on Rehabilitation of Returnee Jumma Refugees and Internally Displaced Persons, the cancellation of plantation leases that have not been properly developed, and the withdrawal of temporary military camps. This has generated a sense of momentum, which the CHT Commission appreciates and encourages.

Unfortunately, it remains unclear how and when the various provisions will be implemented. No steps have been taken to develop a time-bound action plan in consultation with indigenous peoples in the CHT to ensure that all the provisions in the Peace Accord are implemented and in an appropriate sequence. The development of a time-bound action plan has been strongly recommended by several concerned parties, including the Human Rights Council in its Universal Periodic Review of Bangladesh, the CHT Commission and indigenous peoples in Bangladesh.
The CHT Commission is concerned about the reports of renewal of hostilities between the different internal groupings in the CHT. With the Government’s initiatives to implement the remaining provisions of the CHT Accord it is as imperative as ever that the indigenous peoples in the region act in unity.

Recommendations:
The Government should take immediate steps to develop a time-bound action plan for the implementation of all provisions of the CHT Peace Accord in consultation with indigenous peoples in the CHT.

The CHT Commission further recommends that the financial costs for implementing the CHT Accord and making its implementing bodies fully functional be worked out and included in the budget of the Ministry of Chittagong Hill Tracts Affairs to be handed to the Ministry of Finance before the next budgetary review in December 2009.

II. Land disputes
As noted by the CHT Commission in its report from the second mission to Bangladesh and as evidenced from the discussions held with civil society in the CHT, one of the main problems in the area is the indigenous peoples’ loss of land due to evictions, government settlement programmes of Bengalis from the plains between 1979 and 1986, land grabbing and so-called development projects. There is a backlog of land related problems in the CHT, such as the failure to record titles to land allotted to or under customary use by indigenous peoples, to implement the provisions for resettlement and rehabilitation of repatriated indigenous refugees and to cancel illegally occupied lands and unnecessary land acquisitions involving forcible eviction of the indigenous peoples. Expansion of settlement of Bengali settlers, forcible land grabbing and communal clashes related to land conflicts continue to be reported in all three districts.

The CHT Commission finds it encouraging that the Government on July 19, 2009 has appointed the Chairman of the CHT Land Commission and that the Land Commission Chairman has reassured that land held under customary law will be considered when determining land disputes as it is stipulated in the CHT Accord that “The (Land) Commission will resolve disputes on the basis of existing laws, customs and systems of the Chittagong Hill Tracts”. The CHT Commission, however, is concerned about the rate of progress towards activation of the Land Commission; the lack of allocation of staff and office facilities; the Land Commission’s lack of progress on the determination of disputed land claims; and its apparent decision to hold the cadastral survey before the settlement of land disputes. Furthermore, there seems to be uncertainty in terms of how the Land Commission would deal with cases involving customary title/use vis-à-vis certificates issued by the Deputy Commissioner to Bengali settlers from the plains in the late 1970s or early 1980s.

It is also of concern to the CHT Commission that the proposed amendments to the CHT Land Dispute Resolution Commission Act by the CHT Regional Council have apparently not been considered by the relevant Ministries. The recommendations include provisions (i) to remove the virtual veto powers of the Chairperson and (ii) to delegate powers of the Land Commission to any member or official to conduct preliminary enquiries and hearings.

Another key actor in addressing the land conflicts in the CHT is the Task Force on Rehabilitation of Returnee Jumma Refugees and Internally Displaced Persons. However, as is the case with the CHT Land Commission, the Task Force lacks the necessary resources, including staff, to perform its duties. The need of the Government to assess the resources needed for the Task Force and the Land Commission to ensure full settlement of all the land disputes brought to the attention of the Land Commission was discussed with both Ministers and the donor community.

The CHT Commission would like to highlight the recommendation of the Parliamentary Standing Committee on CHT Affairs on August 18, 2009, to cancel 260 plots of land leased out for rubber cultivation for violating the terms and conditions of the allotment. Concerns were however raised about the arbitrary way the field investigation is being done, the possible lack of neutrality of those in charge of providing the information about fulfillment of the terms and conditions of the allotments as well as how and to whom the cancelled plots would be allocated.

Recommendations:

• The Land Commission should establish a database of all disputed land claims, providing the claimants with forms on which they can supply the information required for this purpose. This might be the subject of an approach to international agencies such as UNDP for financial and technical assistance.
• Because of the complexity of overlapping titles on the same land plots granted in different circumstances, the land disputes should be settled before the cadastral survey is carried out and a definitive set of rules should be developed by the Land Commission to rank the relative priority of different kinds of land titles. For those whose claims to land are disallowed, the government should draft rehabilitation measures for discussion with community leaders.
• The Government should immediately adopt needed amendments of the CHT Land Dispute Resolution Commission Act 2001 and provide the CHT Land Commission as well as the Task Force for CHT Refugee Rehabilitation Affairs with the necessary means to resolve land disputes with effectiveness and justice, as stipulated in the CHT Accord.
• Moreover, there is a need for a speedy development of government guidelines for the interaction and division of labour between the Task Force and the Land Commission.
• The CHT Commission recommends that the plots of land leased out for plantations which violate the terms and conditions of the allotment are restored to the indigenous people, who traditionally used these plots under customary law.

III. Enhancing powers of the civil administration
Since the previous mission of the CHT Commission in February 2009 no progress has been seen in the transferal of subjects and functions to the three Hill District Councils as well as the enactment of Rules of Business for the CHT Regional Council, which are provided for in the CHT Accord in order to strengthen local governance and ensure regional autonomy in the CHT.

The CHT Commission finds the newly passed Upazila Parishad (Repealed Act Re-Introduction and Amendment) Bill a cause for concern. With the Bill, the upazila parishads have to accept the advisory role of Members of Parliament when making plans for development in their respective electoral constituencies. In the CHT, this is one of the functions of the CHT Regional Council and the Bill therefore potentially weakens the powers of the local administration in the CHT.

Another important aspect of strengthening the civil administration in the CHT is the holding of elections for the Hill District Councils and the CHT Regional Council. With the dramatic demographic change in the CHT since the late 1970’s there is a need for an electoral system, which ensures fair representation of all ethnic communities and women. This will require an amendment to the Hill District Council Acts. The CHT Commission is therefore disappointed at the absence of proposals for electing the Hill District Councils.

The civil administration in the CHT is also hobbled by the continuing heavy military presence in the region. The CHT Commission therefore welcomes the announcement on July 29 2009 that an army brigade consisting of three battalions and 35 security camps would be withdrawn from the CHT by September 2009. At the time of the CHT Commission’s mission, the withdrawal of army camps had begun. While welcomed, albeit guardedly, by the indigenous peoples and some Bengali settlers, others claimed that their safety would be jeopardized.

During meetings with the brigade commanders and their staff the CHT Commission members were informed that they saw no security risks with compliance to the government policy on the withdrawal of the camps. This view was confirmed by the police and local authorities. It should also be noted that the withdrawal of army camps from the hill districts are merely redeployment of troops to battalion headquarters and according to various sources, more than 300 camps will remain in the CHT.

While the withdrawal of military camps is a positive indication of the Government’s determination to implement the CHT Accord, the CHT Commission continues to receive many reports of continued military influence on the civil administration of the CHT as well as reports of the army officers instigating Bengalis to provoke communal riots and to protest against the withdrawal of army camps. The CHT Commission is concerned that the scope and ambit of Operation Uttoron (Operation Upliftment), currently ongoing in the CHT, is not in the public domain. The executive order authorizing this Operation reportedly confers on the military rights to intervene in civil matters beyond their proper jurisdiction.

Recommendations:

• All the agreed subjects and functions as specified in the Accord should be handed over to the Hill District Councils with immediate effect, and all the necessary steps should be taken to ensure the full functioning of the CHT Regional Council.
• It is imperative that elections are held for the Hill District Councils and the CHT Commission recommends that alternative electoral methods are explored promptly. In the meanwhile, the representative character of the Hill District Councils could be improved by co-opting members of the smaller ethnic minorities in the area.
• Functions normally performed by civilian agencies but now undertaken by the military, such as development projects and any other activities not requiring specific military skills, should be transferred to the civil administration and to institutions set up by the CHT Accord.
• The order authorizing Operation Uttoron should be published for public scrutiny and reviewed judiciously in the public interest.

IV. Human rights and access to justice
During the mission, the CHT Commission delegation met a broad section of indigenous peoples’ representatives and civil society and interviewed victims of human rights violations. It is the assessment of the CHT Commission that the overall human rights and justice situation in the CHT continues to be a cause for great concern.

Indigenous peoples in the CHT continue to face human rights violations including extrajudicial killings, arbitrary arrests, unlawful detentions, torture, rape, attacks, harassment, religious persecution, political harrassment, and lack of access to socio-economic rights or to freedom of expression including with respect to cultural activities. A vast majority of cases remain without proper investigation, prosecution and punishment. This culture of absence of justice and impunity of the offenders pervade the issue of justice in the CHT.

Access to redress for victims and their families are few and often difficult in practical terms. Particular problems relate to discriminatory legislation, lack of access to courts in terms of physical access as well as lack of funds and legal aid, and the failure to activate the legal aid programme of the government in the CHT to date. Lack of information is another factor as is the lack of available lawyers to assist. Poverty and the length of the process of getting to court are other factors preventing indigneous peoples from pursuing the cases they file all the way through the legal system.

In light of the serious human rights situation in the CHT, the CHT Commission was encouraged by the Prime Minister’s statement on the occasion of the the International Day of the World's Indigenous People in support of the UN Declaration on the Rights of Indigenous Peoples. This statement encourages not only the indigenous peoples in Bangladesh, but also all over the world, and it indicates that the Government of Bangladesh recognises the particular rights of its indigenous communities. There does, however, seem to be confusion about the term ‘indigenous peoples’ both within the Government and civil society, which needs to be clarified.

Recommendations:

• The CHT Commission urges continuing measures to enhance access to justice within the CHT, including the activation of legal aid committees.
• The Government should invite the UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people to assess the situation in the CHT and clarify the concept of indigenous peoples.
• The CHT Commission notes the Government's call to end impunity and assert due process and reiterate its recommendation that in the same spirit the issue of impunity for human rights violations in the CHT should be addressed by holding independent and impartial investigations into such reports, and where sufficient evidence exists, bringing those responsible to trial, and providing reparations to victims.
• Considering the prevalence of reports of violence against women in the CHT, as in the rest of the country, the Commission recommends that priority be given to activating the Nari o Shishu Nirjaton Domon (Suppression of Violence against Women and Children) Tribunals in every district of the CHT and that appropriate training be provided to concerned law enforcement and judicial officers responsible for investigation, prosecution and adjudication of such cases, and to extend legal aid to victims.
• The CHT Commission urges that the review of vexatious cases announced by the Government be conducted by an impartial and accountable body, and further that effective redress and reparations are made available to the affected persons.
• The Government should allow human rights and other NGOs (whether local, national or international) free access to travel within the CHT and monitor human rights violations. The CHT Commission reiterates its recommendation that open invitations are extended to the UN Special Procedures[1] as mentioned by the Government under the Universal Periodic Review in February 2009.
• Government legal services in the region should be activated, and an effective public information and education program should be developed, so that victims and witnesses of human rights and crimes, in particular violence against women, are able to access legal remedies, as previously recommended by the CHT Commission.
• The Government of Bangladesh is urged once again to withdraw its reservations to internationally agreed treaties on human rights, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention against Torture and All Other Forms of Cruel, Degrading and Inhuman Treatment or Punishment (CAT) and the Convention on the Rights of the Child (CRC).
• The Government of Bangladesh is urged to ratify ILO Convention No. 169 as well as the Refugee Convention, as recommended by the UN Human Rights Council and as agreed by Bangladesh with the international community in the Poverty Reduction Strategy Paper.

Annex 1: List of meetings

• Sheikh Hasina Wazed, Prime Minister
• Dr. Dipu Moni, Minister, Ministry of Foreign Affairs
• Mr. Abul Mal Abdul Muhith, Minister, Ministry of Finance
• Mr. Dipankar Talukder, State Minister, Ministry of Chittagong Hill Tracts Affairs
• Mr. Promod Mankin, Minister, Ministry of Cultural Affairs and Chairman, Parliamentary Standing Committee on CHT Affairs
• Justice Mohammad Abdur Rashid, Chairman, Law Commission
• Justice Khademul Islam Chowdhury, Chairman, CHT Land Commission
• Mr. Jyotindra Lal Tripura, Chairman, Task Force on Rehabilitation of Returnee Jumma Refugees and IDPs
• Local administration
• Mr. Jyotirindra Bodhipriya Larma (Shantu Larma), Chairman, CHT Regional Council
• Mr. Mizanur Rahman, Deputy Commissioner, Bandarban
• Mr. Shourendronath Chakrabarty, Deputy Commissioner, Rangamati
• Mr. Kyaw Shwe Hla, Chairman, Bandarban Hill District Council
• Mr. Nikhil Kumar, Chairman, Rangamati Hill District Council
• Brigade Commanders
• Brigadier General Shah Atiqur Rahman, Brigade Commander, Bandarban
• Brigadier General AKM Abdullah Hil Baki, Brigade Commander, Rangamati
• Brigadier General Mohammad Emadul Haque, Brigade Commander, Khagrachori
• Political parties
• Parbatya Chattagram Jana Samhati Samiti (PCJSS)
  United Peoples' Democratic Front (UPDF)
  o Jamaat-e-Islami
• Civil Society (CHT Forest and Land Committee, Tribal Muslim Welfare Association, Jummo Refugee Welfare Association, Indigenous and Bengali representatives in Bandarban, Rangamati and Khagrachori)
• Media
• Diplomatic missions and donor agencies

Annex 2: Background to the CHT Commission

On 31 May and 1 June, 2008, at a meeting of experts in Copenhagen, Denmark, it was decided to re-establish the Chittagong Hill Tracts Commission in view of the situation in the CHT with the following mandate:

"To promote respect for human rights, democracy and restoration of civil and judicial rights in the CHT in Bangladesh, including examination of the implementation of the CHT Accord of 1997. The CHT Commission will build on the work by the first CHT Commission (1990-2001)."

The Commission was re-constituted with eleven members from Bangladesh and abroad: Ms. Sultana Kamal (Bangladesh, co-chair), Lord Eric Avebury (United Kingdom, co-chair), Dr. Ida Nicolaisen (Denmark, co-chair), Dr. Shapan Adnan (Bangladesh), Ms. Victoria Tauli-Corpuz (Philippines), Mr. Robert Evans (United Kingdom), Dr. Muhammed Zafar Iqbal (Bangladesh), Ms. Sara Hossain (Bangladesh), Dr. Hideaki Uemura (Japan), Mr. Lee Swepston (USA) and Mr. Lars-Anders Baer (Sweden).

The CHT Commission held its first visit to Bangladesh August 6–14, 2008, with the aim of becoming familiar with the situation in the CHT, holding initial meetings with concerned parties and seeking their input into possible actions to be taken and recommendations to be made by the CHT Commission. It also directly received complaints on land and human rights violations in the CHT.

The CHT Commission carried out its second mission to Bangladesh February 16-22, 2009 with the aim of informing the newly elected government about the CHT Commission’s concerns and urge it to take concrete and time-bound measures for the full implementation of the Peace Accord, and to address ongoing human rights violations in the CHT on an urgent basis. The delegation met with a broad range of concerned parties and raised issues of concern and recommendations in its mission report.

[1] The Special Procedures include the Special Rapporteurs and the Working Groups if the UN Human Rights Council.