HRCBM's Seminar: Restoration of '72 constitution depends on Appellate Division verdict: Barrister Shafiq

HRCBM's seminar: Vested Property Act & Debottor Property: The Constitutional Rights of Bangladesh Minorities

Picture (courtesy: HRCBM-Bangladesh): Above pictures show sections of HRCBM's seminar that was held at National Press Club, dhaka on July 16th, 2009.

BSS report on HRCBM's Seminar:

Restoration of '72 constitution depends on Appellate Division verdict: Barrister Shafiq

BSS url: http://www.bssnews.net/newsDetails.php?cat=8&id=46423&date=2009-07-16&PHPSESSID=ed82f6ba9204d7f8886fb003325439a9

DHAKA, Bangladesh, July 16 (BSS) - Restoration of the constitution of 1972 depends on the verdict of the Appellate Division of theSupreme Court on an appeal filed by the BNP secretary general against the High Court order in 2005.Law, Justice and Parliamentary Affairs Minister BarristerShafiq Ahmed today said this while addressing a seminar in thecity.

The High Court in an order in 2005 nullified fifth amendmentsof the constitution, which ratified the proclamation of themartial law as well as all acts of the non-elected governmentsafter 1975.The law minister said the government is making its sincereefforts for restoration of the 1972 constitution to consolidatethe democracy and establish equal rights of every citizen.

"We don't want to use our brute majority to amend theconstitution, rather we are waiting for the verdict of theAppellate Division," he said adding, "we hope that the AppellateDivision will give us a decision which will help restore the 1972constitution".

Sampriti Mancha and Human Rights Congress for BangladeshMinorities (HRCBM) arranged the seminar on "Vested Property Actand Debottar Property: Constitutional and Human Rights of Minorities at Jatiya Press Club.Barrister Shafiq said a civilian violating the constitutionfirst introduced the martial law in the country after brutal killing of Father of the Nation Bangabandhu Sheikh MujiburRahman.Later, Ziaur Rahman in connivance with the then Chief JusticeASM Sayem entirely destroyed the spirit of the secularconstitution established through immense sacrifices of the peopleof the country, he added.

The law minister ruled out the statement of a section ofpoliticians that the 1972 constitution is against Islam as one ofthe four pillars of the constitution is 'secularism'.

"Islam itself is a secular religion as it acknowledges rights of every citizen irrespective of their religious faith, culture, creed and caste," the minister said.

The law minister said the return of the vested property became a difficult issue as many property went in disposition forvarious reasons including negligence of the government pleadersover the years.

He invited a common recommendation from the members of the Hindu community to enact personal inheritance and marriageregistration laws to establish rights of daughters on paternalproperty as well as rights of Hindu women as wives.Noted economist Professor Abul Barakat, president of Bangladesh Mohila Parishad Ayesha Khanam, journalist Syed Abul Maqsud and chief executive of PRIP Trust Aroma Dutta took part inthe discussion while Professor Ajoy Roy was in the chair.

Secretary General of the HRCBM and ex-additional secretaryRabindranath Tribedi in his keynote paper urged the governmentfor constituting a minority commission like 'Justice RajendraSachar Commission' in India for analysing the socio-economicstatus of the Hindus in Bangladesh.

He also called for taking immediate steps for returning theall vested property to the legal owners or their inheritors asper the court order and constituting a fact finding committeecomprising the members of the Hindu religious organizations toreview the records of the Debattar property.

Prof Abul Barakat termed the vested property act as an'uncivilized law' saying the law must be repealed to establish asecular, progressive, liberal democratic and welfare state asstipulated in the Vision 2021 of the present government.

Around 3.5 lakh bighas of land were shown as the vestedproperty even after enactment of the "Vested Property Return Act2001, he said adding that 'we now need immediate decision todispose of the matter.

He urged the government not to depend on only bureaucracy, rather including sufferers, human rights activities, notedlawyers and citizens in the process settle the matter.

HRCBM's Seminar: Vested Property Act and Debottor Property: The Constitutional Rights of Bangladesh Minorities

Vested Property Act and Debottor Property: The Constitutional Rights of Bangladesh Minorities

Organizers:
Sampriti Mancha & HRCBM
Place:

National Press Club, Dhaka, Bangladesh
Date:

Thursday, July 16th, 2009

at: 8:30 PM

Special Guest Speaker
Barrister Shafiq Ahmed, Minister of Law,
Justice & Parliamentary Affairs, Government of Bangladesh

Event Chairperson:
Prof. Dr. Ajoy Roy
Seminar Inauguration:
Mr. Rabindranath Trivedi,
Secretary General, HRCBM-Bangladesh

• Please download Seminar Invitation from the url:
  http://www.hrcbm.org/seminar/seminar-invitation.pdf
• Please download the Seminar Details from the url:
  http://www.hrcbm.org/seminar/VPA_seminar-07-16-09.pdf

HRCBM's Litigation on the annulment of VPA (Vested Property Act)

Please download:

1. The copy of HRCBM's VPA litigation at: http://www.hrcbm.org/seminar/VPA_seminar-07-16-09.pdf
2. VPA Litigation: Court Receipt at http://www.hrcbm.org/seminar/VPA-receipt-HRCBM.jpg
3. VPA litigation: Court Order at http://www.hrcbm.org/seminar/VPA-HRCBM-highcourt-order.jpg

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URGENT ACTION APPEAL: Extra-Judicial Killing by the Military Forces at Shuvalong in Rangamati, Bangladesh

Picture (courtesy: PCJSS-CHT): The dead body of Tarun Kusum Chakma.

URGENT ACTION
Extra-Judicial Killing by the Military Forces at Shuvalong in Rangamati, Bangladesh

Introduction
On 26 June 2009 an innocent Jumma youth was shot dead by the military forces of Shuvalong camp of 6 Bengal led by Major Manjur, Warrant Officer Saiful and Corporal Atik in Shuvalong, 30 kms off the district town, under Barkal upazila in Rangamati district.
Description of Incident
Mr. Tarun Kusum Chakma (30), s/o Gunadhar Chakma was a permanent resident of Bhushanchara of Harina union under Barkal upazila (sub-district) in Rangamati district, but stayed at Moitreenagar under Rangamati municipality with his family. He was an innocent youth and used to earning by day labour or by collection of forest products for family survival. Couple of days ago, he went to Shuvalong area for earnings. It is mentionable that he was active supporter of PCJSS for implementation of the CHT Accord.
On 26 June Friday was a market day of Shuvalong Bazaar. Like other villagers, he also went to Shuvalong bazzar for marketing. However, a group of members of UPDF, an anti-accord terrorist organisation, with the help of Mintu Bikash Chakma (who is familiar as Bhumihin Mintu), caught Tarun Kusum Chakam while he got down Shuvalong Bazaar from a steamer at around 9.30 am. Then he was handed over to Shuvalong camp authority after heavily torture labeling him as miscreant. However, camp authority released him found nothing after interrogation.
Again, UPDF men tried to catch him when he reached at Bazaar after getting release from army custody. Having no alternative to safe his life, he tried to escape from UPDF attack and jumped over the lake (Kaptai Lake) near Shuvalong forest outpost. At that time, a group of army led by Warrant Officer Saiful and Corporal Atik of 6 Bengal and a group of UPDF men ran after him by two separate boats when he was swimming for escaping. But the army shot him when he came to land near Dhanmia shrine. He sustained bullet injuries on his leg and scrotum. The military forces led by Warrant Officer Saiful and Corporal Atik started to torture brutally. At a stage, the neck of Tarun Kasum was broken. There were several wounded on his body.
Army personnel arrested another Jumma youth named Elen Chakma from the spot. UPDF claimed him as member of the UPDF who went to spot to help army to catch so-called miscreants.
However, the army authority of Shuvalong camp make several fabricated news in order to conceal their misdeed which were published on several national and local dailies and aired on electronic media. The army firstly made propaganda that a dozen of armed miscreants led by Tarun Kusum Chakma proceeded toward Suvalong Bazar to commit sabotage activities. Being informed, army challenged them when the armed miscreants reached at the place near Dhanmia shrine at about 11.00 am. At one stage, the miscreants started fleeing the scene by firing gunshots at army. The army also retaliated by firing bullets, leaving Tarun Kusum Chakma dead on the spot.
The army made second story that clash between two rival groups took place near Shuvalong bazaar. Being informed, the army rushed there and recovered dead body of Tarun Kusum Chakma from the spot.
The army made another third story that the miscreants led by Tarun Kusum Chakma made armed attack on a group of regular patrolling party of the military forces when they (army) reached Dhanmia shrine. Even, army firstly named Tarun Kusum as Jagadish Chakma.
These stories were fully fabricated and motivated. The people who came to market witnessed that he was caught by UPDF men and handed over to army. Victim’s younger brother Palash Chakma said that he was not involved with any terrorist activity. He was fully innocent.
It is also worth mentioning that Elen Chakma, who was arrested during the incident, was claimed as member of the UPDF in a press release by Shantidev Chakma, chief of Rangamati district. Shantidev mentioned that Elen went there to help army to catch the victim and the army mistakenly arrested him. This statement of UPDF proved that UPDF men also involved with this heinous killing.
The dead body was brought in Rangamati sadar hospital for post mortem in the evening on 26 June. The dead body was handed over to victim’s elder sister and younger brother afternoon on 27 June.

Action Needed

This incident is a violation of inherent rights to life, which was ensured by the Constitution of Bangladesh and international legal instruments ratified by Bangladesh. However, military forces deployed in Chittagong Hill Tracts (CHT) continued to be responsible for extra-judicial killings and for custodial killings since long time.
The CHT Accord signed between Government of Bangladesh and Parbatya Chattagram Jana Samhati Samiti (PCJSS) on 2 December 1997 stipulates for demilitarization of the CHT region. However, the army was entrusted responsibility to combat law and order situation by imposing de facto military rule ‘Operation Uttoron’ in 2001. Consequently, the military forces continue having the negative attitude toward CHT and indigenous Jumma people. The military forces are also against the withdrawal of temporary camps from CHT though CHT Accord provides to do the same. With this view, they once again has taken up the programme of operation in CHT and highlighting it in the news media widely so that they can thwart the government to have any camp withdrawn or closed down at this moment.
Though Awami League-led present grand alliance government assured in its election manifesto that it would implement the CHT Accord fully and stop extra-judicial killing in the country. However, extra-judicial killings, arbitrary arrest, frequently checking, conducting military operation through out the CHT, helping Bengali settlers in occupying indigenous Jumma people’s land and expansion of cluster villages of Bengali settlers by the military forces continued unabated in CHT. Killing of Tarun Kusum Chakma was a result of military atrocities in CHT.
With this backdrop, letter should be sent to Government of Bangladesh raising following demands-

1. to conduct judicial inquiry of the extra-judicial killing of Tarun Kusum Chakma;


2. To punish the military personnel responsible for the heinous killing including Major Manjur, Warrant Officer Saiful and Corporal Atik of Shuvalong camp;


3. To provide compensation to the family of the victim;


4. To withdraw all temporary camps of army, Ansar, APBN and VDPs including de facto military rule ‘Operation Uttoron’ as per CHT Accord soon;


5. To implement the CHT Accord in letter and spirit.
   

Please write to:

Ms. Sheikh Hasina,
Honourable Prime Minister,
Government of the People’s Republic of Bangladesh,
Prime Minister’s Office, Tejgaon, Dhaka, Bangladesh.
Fax : +880 2 8113243 / 3244 / 1015 / 1490,
Email: Info@pmo.gov.bd,
E-mail: psecy@pmo.gov.bd

Mr. Mohammad Ruhul Amin,
Chief Justice,
Supreme Court of Bangladesh, Supreme Court Building,
Ramna, Dhaka-1000, BANGLADESH, Fax: +880 2 956 5058, Tel: +880 2 956 2792

Dr. Dipu Moni,
Honorable Minister, Foreign Ministry,
Government of the People’s Republic of Bangladesh,
Dhaka, Fax: +880 2 9558566, Tel: 956-2852

Ms. Sahara Khatun, Honorable Minister, Ministry Home Affairs, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, Dhaka, BANGLADESH, Fax: +88-02-7160405, 88-02-7164788 (O), Tel:+88-02-7169069 (O)

Mr. Dipankar Talukdar MP,
Honorable State Minister, CHT Affairs Ministry,
Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, Dhaka, BANGLADESH, Tel: +880-2- 7161774, E-mail: mochtadh@bttb.net

Ms. Sajeda Chowdhury,
Convenor of CHT Accord Implementation Committee and Deputy Leader of Jatiya Sangsad, Sangsad Bhabab, Tejgaon, Dhaka

Mr. Jyotirindra Bodhipriya Larma,
Chairman, CHT Regional Council, Rangamati, Chittagong Hill Tracts, BANGLADESH, Tel: +88-0351-63381, Fax: 0351-63278, E-mail: chtrc@yahoo.com

Mr. Promod Mankin, MP and Chairman,
Parliamentary Standing Committee on CHT Affairs Ministry,
Jatiya Sangsad Bhaban, Dhaka
Justice (Rtd) Amirul Kabir Chowdhury,
Chairman, Bangladesh National Human Rights Commission, House # 6/3, Block # D, Lalmatia, Dhaka, BANGLADESH, Tel: +88 02 9137724

General Md Abdul Mubeen,
Chief of Army Staff, Bangladesh Army,
Army Headquarters, Dhaka Cantonment, Dhaka, BANGLADESH,
Fax: +880 2 875 4455, Tel: +880 2 987 0011, E-mail: itdte@army.mil.bd

Mr. Nur Mohammad, Inspector General of Police (IGP),
Bangladesh Police, Police Headquarters', Fulbaria, Dhaka-1000, BANGLADESH,
Fax: +880 2 956 3362 / 956 3363, Tel: +880 2 956 2054 / 717 6451 / 717 6677,
E-mail: ig@police.gov.bd

Evicted, now threatened: Naogaon indigenous families cry for help

Picture (courtesy: The Daily Star News): An indigenous woman sits on the rubble of her home, which land grabbers torched on June 13. The palm-leave shed on the right is her home now.

Report: The Daily Star News.

Orao Arju's teenage daughter Shanibala is still upset by last week's eviction and arson attacks on 74 families, including 56 indigenous families, in Khatirpur allegedly by an influential land grabber.
Nightmares haunt Shanibala as she cannot forget Tuesday afternoon when the attackers chased her and threatened to kill her and her parents if they did not leave their own land.
The arsonists and armed attackers are moving scot-free in the area although they are accused in a case, allege the eviction victims.
When asked for her reaction, Shanibala could not help breaking down and went aside. Her mother said Manjurul, Ata, Dhola, Shafikul and Ahsan in their first attack on June 12 chased her daughter while she was going to the Union Parishad for relief.
Condition of another 15-year-old girl among the victim families is no better. She was beaten up and her dresses were torn apart on June 13 as she protested the attackers looting corrugated iron sheets and household stuff in presence of the police.
Traumatised since the incident, the girl prefers staying in the dark and trembles seeing any stranger, say her mother and villagers. Her mother was also beaten up until they were rescued by some other women.
Many of the families have sent their adult female members elsewhere fearing further attacks. Almost all the victims feel insecure as they allege the police are helping the perpetrators.
A four-member police camp has been set up in the village following complaints of insecurity, said M Mofazzel Hossain, superintendent of police, Naogaon.
He said Sub-inspector Pabitra Kumar Sinha of Porsha police station was transferred following allegations that he shouted at the indigenous people for building houses on "other's" land.
The villagers allege policemen including SIs Pabitra and Enamul intercepted them when they were going to repair their houses.
They add hired men of the alleged grabber Nur Hossain Master attacked the village three months ago and torched some 10 houses.
At Khatirpur Sondanga village in Chhaor union, some 90km off the divisional headquarters in Rajshahi, the villagers were seen sitting perplexed and scattered.
The indigenous people described their plight and the incidents occurred since June 12.
Monisura Soren was cooking rice and pulses she got as relief from the Union Parishad. "We can't live on relief. How can we go for work if tension of being evicted persists?" she asked.
Maina Hasda and Chintamoni Murmu of neighbouring indigenous village said they gave shelter to some of the children and women of the victim families. "Our houses were looted the next day for giving them shelter," lamented one of them.
They added the indigenous men now live under the open sky, while the children and women sheltered at some other houses or under the make-shift shades.
Over 300 members of the 74 families are living in the open almost without food and security.
"If it rains now, we will have nowhere to go," said Basona Hembrom.
Nur Hossain Master claims he bought some 6 acres of land from Chhotka Mardi, Churka Mardi and Hudur Mardi in 1976. But the indigenous men allege they were not paid for the land.
They also allege Nur Hossain's claim of the land is based on forged documents.
Meanwhile, Jatiya Adibashi Parishad started movement demanding justice for the incidents. They will hold a protest rally on July 5 and are holding token protests every day.
"Land grabbing from the indigenous people is nothing new," said Anil Marandi, president of Jatiya Adibashi Parishad.
He said around 2,000 indigenous families in 10 districts have so far lost their 1,748 acres of ancestral land.
Different organisations including the forest department also grabbed or acquired the land showing forged documents or in the name of social forestry, he added.
A team of National Coalition on Indigenous Affairs visited the scene on Tuesday.
The team includes Jayanta Achariya, representative of Adibashi Odhikar Andolan, Mohua of Manusher Jonne Foundation, VSO staff SM Saikuluzzaman and Action Aid representative Manjur Rashid.
A team of five rights fronts -- Ain O Salish Kendra, Blast, ALRD, Nijera Kori and TIB -- is likely to visit Naogaon today.

Report on Attack on PCJSS members by armed group of UPDF

Report submitted by:
PCJSS(Parbatya Chattagram Jana Samhati Samiti)
Kalyanpur, Rangamati-450000, Chittagong Hill Tracts, Bangladesh
Tel+Fax: +880-351-61248
E-mail: pcjss.org@gmail.com, pcjss@hotmail.com
Website: pcjss-cht.org

PCJSS member killed by UPDF

On 23 May 2009 a local PCJSS leader named Mr. Rubel Chakma (30) was chopped to death by the UPDF cadres at Subhalong Bazar area of Subhalong union under Barkal upazila in Rangamati district.According to eyewitnesses and relatives of victim, on that day at 3.45 p.m. Rubel Chakma was playing with card with some friends on the north side of Subhalong Bazar near by forest office under a tree. At that time Rubel Chakma was chopped to death with a sharp weapon from his behind. At once the miscreant ran away. The family members and eyewitnesses said the attacker was a UPDF’s armed cadre.

PCJSS leader abducted by UPDF in Barkal

On 5th June 2009, Mr. Kamalendu Bikash Dewan (47), s/o Murolya Dewan, president of Barkal union committee of PCJSS was abducted by UPDF armed cadres at about 7:00 p.m. from his own house of Kusumchhari Mukh area of Barkal union under Barkal upazila in Rangamati district. It is known that a group of armed cadres of UPDF led by Pahr (Prakhar) Chandra Chakma (43) of Kusumchhari Mukh area raided the Kusumchhari Mukh area and abducted Kamalendu Bikash Dewan at gun point and at that time, other three innocent villagers were also beat by UPDF cadres.

PCP and PCJSS activists abducted by UPDF in Rangamati

On 7 June 2009 two members of PCJSS (Parbatya Chattagram Jana Samhati Samiti) and PCP (Hill Students Council) were abducted by the armed cadres of UPDF from Dhalyachhari village under Jibtali union of Rangamati sadar upazila in Rangamati district.
The abducted persons were identified as and Bijimoni Chakma (35), member of Jibtali union committee of PCJSS and Mr. Sunirmal Dewan (28), president of Jibtali union committee of PCP.A group of armed cadres of UPDF numbering 12 led by one Tapan Kumar Chakma raided the office of local timber traders of Dhalyachhari at around 4:30 P.M and picked up the above said members of PCJSS and PCP at gun point.

A Buddhist Zadi plundered in Teknaf of Cox’s Bazaar district

Picture (Courtesy: Kapaeeng Foundation): The above picture depicts the plundered remains of Buddhist Xadi at Teknaf.

Report Submitted by:

Kapaeeng Foundation

On 13 June at night an ancient Zadi situated on top of Nilla Bazaar hill has been broken. Nilla is 12 miles north of Teknaf (Kayoukchoung) in the district of Cox’s Bazar, Bangladesh. It is not yet known whether it was an act of zealotry or was it merely plundered in search of treasure. Buddhist community from Teknaf visited the site the following morning on June 13, 2009. They found one of the Zadi partly broken having being dug from underneath the gu entrance. Some pictures are attached herewith. There are three Zadi on top of the hill and the biggest one has been found plundered. These Zadis could be seen clearly as we travel on road from Cox’s Bazar to Teknaf and also from the Burma side of river Naff that divide the two countries. The houses nearby that you will see in the pictures are the illegal Kala encroachments that they had settled not without the support of the local muscle men and goons. The local Buddhist community there in Nilla is very small (microscopic in act) in number and their faint voices could hardly reach the top helm of the Bangladesh government.

This News Release has been prepared in accordance with the report of Ven. U Bodhinyana, Teknaf.

Adivasi village burnt-down in Porsha upazila of Naogaon district

Report submitted by:
Kapaeeng Foundation

On 12th June 2009, the land-grabbers attacked an Adivasi village at Porsha upazila of Naogaon district and burnt-down 74 houses. At least four hundred people assembled with grievous weapons under the leadership of one Nur Hossain Master and his son Nazrul Haque and attacked village Khatirpur Upar-Sonadanga in Chhaor union. The piece of land at the centre of dispute is a 18 bigha plot owned by two Santal brothers Chotka Mardi and Turka Mardi both of whom left for India during a communal tension a few years ago while their family members stayed back. Now Nur Hossain claims that they sold the land to him and want their nephew, Mr. Jerta Mardi alias Bondhon of village Kusumkunda, to get the permission of Adivasi land transfer done from the Deputy Commissioner’s office. Jerta Mardi refused to do that and Nur Hossain threatened to kill him by running a car over him.Being threatened, Jerta Mardi raised the matter with local leaders like Azizul Islam, Mozibur Rahman, Ruhul Amin, Keram Uddin and Eshahak Ali and many others besides their own community leaders. The Bengali social leaders suggested the Adivasis to begin to live on the plot in order to keep the land under their possession. Accordingly, 56 Adivasi families settled down there and also allowed 18 landless Bengali families to reside there. Nur Hossain hired lathials from Gomastapur and tried to evict them on that day. Adivasis also tried to protect themselves with bows and arrows but they were overpowered. Police stood silent half a kilometer away and only moved in when every household, Adivasi and Bengali, was torched and looted. Many were critically injured including Sutar Kisku (45), Suren Murmu (35), Biswanath Hembram (28), Rajina Hasdak (32), Hosne Ara (32), Mosrefa and Deljan (70).
This News Release prepared in accordance with the report of Mesbah Kamal, Spokesperson, Adivasi Coalition.