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Tuesday, July 19, 2011

GHRD: Bangladesh Quarterly human rights report (April-June 2011)

In February and April of this year, over one hundred houses, one school and two Buddhist temples were burnt to ashes in two different attacks against indigenous minority communities in the Chittagong Hill Tracts (CHT) of Bangladesh, leaving hundreds of indigenous men women and children homeless and many injured. 


GHRD’s local partner Adv. Shahanur Islam recently went to the region to investigate the attacks and talk to those affected. Our investigations found that some 638 Jumma were affected in the attacks. Many of those who lost their homes in the arson attacks continue to live in tents or temporary shelter.

All interviewees confirmed that on both occasions, security forces were present but failed to act to stop the violence, looking on as the destruction occurred. The government of Bangladesh has thus far failed to adequately investigate this - reflecting its lack of real commitment to bringing peace in the region and bringing into question the real intention of the government to implement the 1997 CHT Peace Accord.

The local authorities have also failed to investigate the attacks, despite identification of the main perpetrators of the violence. At the time of writing of this report no-one had yet been arrested in relation to these attacks.

Instead of promoting transparent investigations and reporting, the government proclaimed an ‘emergency’ prohibiting any access to the area following the attacks.  The government has also failed to promote transparency in the region following the attacks. During our team’s investigations, the local authorities expressed strong suspicion towards any international involvement in the region. Our observer Adv. Shahanur Islam was approached and questioned on multiple occasions by members of the Border Guards of Bangladesh and by the district special branch of police who requested information on the identity of the team, the organisation they worked for and purpose for their visit.

These attacks are clear examples of a government failure to uphold basic human rights and protect the Jumma. In addition, the implication of military forces in the attacks and the lack of impartial investigation prove that the government of Bangladesh is either unwilling or unable to protect its Jumma population and must be held accountable within the international forum. 

Fact finding
Massive communal attack on Jumma villages by Bengali settlers in presence of security forces at Longadu in Rangamati
17 February 2011, Longadu Upazila
On the morning of 17 February 2011 around 200-300 Bengali settlers from the Gulshakhali settler area under Longadu Upazila in Rangamati district began staged demonstrations, attacking and setting fire  to the Jumma villages of Gulshakhali and Rangi Para. The following information is based on GHRD’s case file (Case no. 03-HRCF-CHT-Longadu), prepared by our local observer.

Bengali settlers accused Jumma of being responsible for the death of Mr Saber Ali, a Bengali settler who went missing on February 15 and was discovered dead the following day. The settlers carried his dead body during the demonstrations, creating tension. During this procession, most of the Jumma fled in fear.

Following the procession, two Jumma students coming from Rangamati by boat were attacked and severely beaten by settlers when they attempted to disembark from the boat. They were later admitted to Rangamati general hospital.

Later in the day, Bengali settlers made an attack of the Jumma villages of Gulsakhali and Bagachatar, setting fire to Jumma houses one after the other. In the attack, at least 21 Jumma houses including one BRAC school were burnt to ashes and 6 houses were looted.

According to all 40 Jumma victims interviewed, the Border Guards of Bangladesh (BGB) did nothing to stop the Bengali settlers from setting fire on Jumma houses, despite being present at the time. Early in the day, Jumma leaders informed members of the BGB and the administration, asking for protection, but at this stage they did not come. Later in the evening around 5pm there were 12 members of the BGB from Rangipara Tematha camp present during the arson attacks, but stayed silent. During the later arson attacks in Stantinagaor village, 20-25 BGB members staying in a nearby temporary BGB camp at Shanti Nagar watched the attacks from inside the camp.

A First Information Report has been lodged with the Longadu police station by one of the Jumma victims, however, he has been receiving constant threats and intimidation to withdraw the complaint, including statements that “If you do not withdraw the case, we will take that step which we need to withdraw” and “If you do not withdraw the case you will fall in danger”.


Massive Communal Arson Attack upon Indigenous Jumma Peoples by Bengali Settlers in Ramgarh & Manikchari, Khagrachhari district
17 April 2011, Khagrachhari district

On Sunday 17 April 2011, exactly two months after Bengali settlers attacked the Jumma villages in the Rangamati district of the CHT; Bengali settlers in the presence of government security forces again attacked five indigenous Jumma villages in Khagrachari district of the CHT, but this time on a larger scale. The following information is based on GHRD’s case file (Case no. 04-HRCF-CHT-Khagrachari), prepared by our local observer. 

According to our local observer, a total of 521 Jumma were affected by the attacks and 87 houses belonging including two Buddhist temples were completely burnt to ashes. At least 16 Jumma including four women were injured and one is still missing. At the date of this report, a small amount of relief had been provided to the victims but it is inadequate, all the victims continue to live under the open sky in the jungle or in traditional tents.

The attacks followed the death of three Bengali settlers that occurred during a land dispute when Bengali settlers tried to take adverse possession of some disputed Jumma land.  Bengali settlers brought out a procession at Manikchari bazaar shouting slogans against the Jumma people along with the dead body of a Bengali settler. Interviewed victims stated that the local administration did not oppose the Bengali settlers while they were bringing out the procession with the dead body.

Immediately after the procession, Bengali settlers set fire to Jumma houses in the Mahamani areas of Manikchari upazila headquarters.

During the attacks around 20-25 army men were standing in the vicinity while the houses and shops of the Jumma people were looted, vandalised and set ablaze. Though military forces were patrolling throughout the areas, they did not oppose Bengali settlers from setting fire to Jumma houses. The army kept patrolling along the road side while on the other, Bengali settlers started entering Jumma villages and setting fire to Jumma houses.

In Jalia para area, Bengali settlers attacked Jumma passengers getting them down from public buses including Shanti Paribahan who were coming from Chittagong and Feni to Khagrachari. At least 16 Jumma were wounded in this attack. Two of them were admitted in serous condition to the local hospital. According to eye witnesses Bengali settlers were stopping every vehicle and looking for ethnic minority people in jalia para area, getting the ethnic minority people out of the vehicle and then beating them with batons, kicking and slapping them - most of the victims injured their legs, hands, and head and had bruises all over their bodies.

Transparency and accountability:
Instead of promoting transparent investigations and reporting, the government proclaimed an ‘emergency’ prohibiting any access to the area following the attacks. 

During our team’s investigations, the local authorities expressed strong suspicion towards any international involvement in the region. Our observer Adv. Shahanur Islam was approached and questioned on multiple occasions by members of the Border Guards of Bangladesh and by the district special branch of police who requested information on the identity of the team, the organisation they worked for and purpose for their visit.


House of Lords conference on the implementation of the 1997 CHT Peace Accord in London, July 4 2011
GHRD representatives attended and spoke at a recent conference at the House of Lords in London. The conference focused on the human rights violations that are continuing in the CHT region and on the implementation of the 1997 Chittagong Hill Tracts Peace Accord.

GHRD Human Rights Officer Julia de Blaauw spoke of GHRD’s recent fact finding in the CHT region and about the recent arson attacks that took place in February and April of 2011 in Rangamati and Khagrachari districts. Lord Eric Avebury, Co-Chair of the CHT Commission, chaired the conference which was jointly hosted with the Jumma Peoples Network of the UK (JPNUK). The High Commissioner for Bangladesh was present, along with academics, members of the Jumma Peoples network and representatives from Survival International and Amnesty International.

The High Commissioner for Bangladesh maintained that a military presence is required in the CHT region and that there ‘are no indigenous’ people in Bangladesh. In conversation following the conference, GHRD representatives requested information on the government’s activities and investigations into the arson attacks of February and April but received no information on this. The representative maintains that the government is ‘investigating’, however, no information has been forthcoming.

Read GHRD’s statement here
NGO and media reports
The UN Tenth Session of the United Nations Permanent Forum on Indigenous Issues  16-27 may

The implementation of the 1997 CHT Peace Accord and current issues in the CHT region were discussed during the recent UN session on Indigenous Issues in May.  During the forum, Lars–Anders Bauer, Co-chair of the Chittagong Hill Tracts Commission and member of the UN permanent forum on indigenous issues, presented his report on the implementation of the 1997 Peace Accord. The main finding of the report was that the Peace Accord remains largely unimplemented and that the government has done next to nothing to implement.

Mr Bauer highlighted the fact that the report had been submitted to the Bangladeshi government and received no response. Mr Bauer called for the government to:
  • draw up a timeline for implementation of the accord
  • demilitarize the region
  • return all daily operations to a civilian administration rather than military
  • settle land disputes in the region
  • request assistance from international organizations to help implement the Accord.

The government of Bangladesh replied by saying that the Jumma are tribal, ethnic minority groups and as such cannot be considered as indigenous. Government representatives further stated that Bangladesh does not have an indigenous population within its borders, therefore, there is no issue and the UN forum has no authority to report on these issues. The government considered that the report is ‘cherry picked’ and paints a ‘darker picture’ of the government.
GHRD rejects these statements and maintains that the Jumma are indigenous. Furthermore, the lack of preservation of Jumma identity and culture and the denial of indigenous rights is further degrading their quality of life and they continue to experience human rights violations on a regular basis. 
Recommendations
The February and April arson attacks amount to a government failure to uphold basic human rights and protect the Jumma. The implication of military forces in the attacks and the lack of impartial investigation prove that the government of Bangladesh is either unwilling or unable to protect its Jumma population and must be held accountable within the international forum. 

Implementation of the 1997 Peace Accord was a major election promise of the ruling government, the Awami League. To date, the government has failed to honour this commitment and land grabbing and disputes over land continue to be the main reason for attacks by Bengali settlers against the Jumma in the CHT.

GHRD’s view remains that the government of Bangladesh must take responsibility for the human rights violations in the region and must fully honour its stated commitment to the 1997 Peace Accord by: impartially investigating the human rights violations that have occurred and the role of the military in these violations, bringing those responsible to justice and demilitarizing the region.

GHRD therefore urges the government of Bangladesh to:
·         Thoroughly and impartially investigate the February and April attacks; identify the main perpetrators and those responsible to justice. Ensure exemplary punishment of the perpetrators who were directly or indirectly involved in this violation of human rights.
·         Investigate the involvement of the security forces and Border Guards of Bangladesh in these attacks and punish those responsible.
·         Issue instructions to military, para-military, police and para-police personnel posted in the CHT to protect all communities without discrimination and to provide communities that have a recent history of such attacks or vulnerability special protection.
·         Take all measures to fulfil Awami League election promises by fully implementing the Chittagong Hill Tracts Peace Accord and providing a forum for solving land disputes.
·         Recognise minority Jumma as indigenous in Constitution and sign the UN Declaration on Indigenous peoples rights

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