Comitted to PEOPLE'S RIGHT TO KNOW
Vol. 4 Num 157 Sat. November 01, 2003  
   
Editorial


Post breakfast
The simmering Chittagong hill tracts


Two important steps have been taken recently with regard to the Chittagong Hill Tracts (CHT). On 30 September, the Government declared that the three hill districts would be considered as a Special Tourist Zone. On 14 October it was also reported that the government had decided to continue giving free ration to the nearly 60,000 tribal refugees who had earlier returned from India to their ancestral lands. Apparently, such a step would be taken despite the absence of any formal allocation for this purpose within the current budget. It has been indicated that the government for the time being will meet the supply for rations from the stock set aside for disaster management and then will subsequently try to arrange additional funds for ration in the next budget. This has been a good decision and should help to restore confidence.

These were interesting developments given the steady deterioration of law and order and increase in violence in this south-eastern part of Bangladesh. One can only hope that the government will now attach more importance to what is happening in that troubled region and take necessary administrative steps to ensure better coordination of its various agencies involved in this area.

We have been reading disturbing reports about this beautiful part of the country. It is alleged that illegal firearms are entering the CHT through the 365 kilometre border route with Myanmar. Recently the BDR has recovered hand bombs and time bombs, grenades and explosives from Nakhangchari (the border region of Bandarban district). The worrying aspect was the presence of wireless sets, large quantities of safety fuses for making bombs, white potash, 23 containers of acid and also an army uniform. From other places the army has also recovered one AK-47 rifle, one 9 mm SMG, one M-16 rifle and appropriate ammunition. The presence of such sophisticated arms is obviously a cause for worry.

The fact that such illegal weapons are being used for creating panic and extortion is evident from the numerous demands for ransom that have terrorised the people inhabiting Ghahrabazar, Reserve Bazar, Chaeri Bazar, Kutubchari Bazar, Maillachari, Magachari, Manikchari, Bhengerdoba, Bagarbil, Islampur, Ranirhat, Dhamairhat, Rajarhat and other areas. It is also understood that such ransom collection is being used to purchase weapons.

As such, the decision of the government to declare CHT as a Special Tourist Zone can only imply for ordinary citizens like us that the government is finally going to take suitable steps to bring back normalcy in this region.

Today, peace remains elusive in the CHT because of growing hostilities between the two main political organisations of the hill region -- the Jana Sanghati Samity (JSS) and the United People's Democratic Front (UPDF). The situation has also further worsened after the August 26 events in Mahalchari. Both sides are now imparting clandestine armed training to members of their cadre and buying firearms from smugglers. This is a dangerous brew.

The government needs to take the activities of the UPDF with seriousness. It may be recalled that this party came into being after Prashit Bikash Kisha, a former leader of the JSS deserted that party and launched the UPDF on 26 December, 1998. They appear to be the more extreme faction having come into being through their protest against Santu Larma, the leader of the JSS for having signed the Peace Agreement in 1998 with the then government. Two other organisations have also surfaced -- the Democratic People's of Arakan and the Bengal Tiger Force. This development does not help matters.

The Government and its Agencies have to be more pro-active. The Ministry of Hill Tracts Affairs, the Parliamentary Standing Committee on CHT Affairs and the Chittagong Hill Tracts Regional Council -- all these arms of the government should sit down and carefully scrutinise the different claims of the affected people of this area. They should try to ascertain the reasons for delay in rehabilitating the refugees who have returned to their ancestral lands and homes. They need to identify what has gone wrong, keeping in mind the 16-point rehabilitation package of 1994, 20-point package of March 9, 1997 and Articles 1, 2 of Chapter D of the Peace Accord signed on December 2, 1997. The Administration also needs to review their reluctance to from the Task Force on Welfare of the Jumma Refugees.

It is true that solution of problems in the CHT is not going to be easy. The ethnic tribal population feel threatened. They feel that the rights accorded to them by the British Colonial Administration under the Regulation of 1900 have effectually been taken away. They allege that the slight gains they made through the report of the National Committee for CHT in 1988 was never fully realised. They point out that several negotiations have since taken place, both during the first BNP Administration and an Agreement signed during the past AL Administration. However, some of the basic problems still remain unresolved.

Some of their complaints appear to be well worth a second thought. Many of the 'prabidhans' (bye-laws) that needed to have been set in place never materialised. This might have facilitated the proper discharge of several responsibilities that had been given to the Hill District Councils. This would have probably also enabled the creation of a functional multi-ethnic police force for that area.

The biggest difficulty appears to be the question of land ownership. It is being alleged that a large section of the hill people including many thousands who have returned from India are still without their dwelling houses, jhum mahals, identified areas of reserve forest and crematoriums. The underlying cause for being unable to decide on land ownership originates from the absence of (in most cases) proper registered documents on the part of the hill people who have traditionally owned land on the basis of ancestral cognisance associated with property and pursued the traditional format of nomadic slash and burn cultivation. For the last decade the government has been trying to put in place a cadastral survey, but for obvious lack of supporting documents and records is facing problems. In the meantime, criminal opportunists have been taking advantage of the unsettled situation.

The JSS wants the formation of a Land Commission and wants the Regional Council to be given total power, as was agreed upon, according to some in the 1997 accord. The Rajas of this area have on the other hand suggested that the management of the land should be given to the Zilla Parishads. It is understood that the Law Ministry is trying to resolve this issue amicably in consultation with the CHT Ministry. Understandably, if a resolution is not found to this impasse urgently, it will affect the scope for development in this region.

Prime Minister Khaleda Zia's meeting with Chakma Raja Devashish Roy, Mong Raja Pai Hla Pure Chowdhury and Cha Hla Pure, son of Bohmong Raja Saw Hla Prue on 30 August was an important step given the many uncertainties associated with on-going development programmes initiated in the CHT by the UNDP. It is hoped that this exchange of views will be seen as a confidence building measure and will ensure uninterrupted development work in the six upazilas, two each from the three hill districts.

In this context it would be worthwhile to note that the government's decision to set up District Judge's and Session Judge's Courts in the three hill districts has also been a good idea. However, for the purpose of adjudication, care needs to be taken to ensure that tribal customary laws and practice are given due importance in the formulation of laws that will govern plaints of this area. This may be considered as long as any of these laws are not ultra vires of the constitution. Such a step, in the long run will ensure the preservation of ethnic values and will strengthen cultural plurality.

If normalcy and peace have to be assured in the CHT, there has to be devolution of power. Through equity and justice the people of the CHT must be made to feel that they are not being discriminated against and that they have a stake in the development of that region. They have to understand that in the long run, if there is stability, there will be economic advantages.

There has to be a process of continuous dialogue but at the same time we must recognise that dialogue cannot be a substitute for the holding of elections in the three hill districts. Joint decision making between Dhaka, the tribal political and traditional leaderships and the elected representatives will be the key that will unlock the potential of this area as a Special Tourist Zone.

Muhammad Zamir is a former Secretary and Ambassador.