Hill Voice, 19 August 2024, International Desk: The Chittagong Hill Tracts Commission (CHTC) has sent a briefing letter to the Chief Adviser of Interim Government of Bangladesh urging to undertake significent reforms for positive changes in the Chittagong Hill Tracts (CHT).
On behalf of the CHTC, three Co-Chairs Sultana Kamal, Elsa Syamatopoulou and Myrna Cunningham Kain have sent this briefing letter on Thursday (15 August).
The CHTC urges Interim Government to prioritize following six key issues and offers brief context for each of these recommendations—
1. The Honourable Chief Adviser has noted that Bangladesh has achieved its ‘second independence’ with the fall of Sheikh Hasina’s regime. However, this freedom is yet to be fully realized in the CHT, which has remained under de facto military control since the mid- 1970s. Although the Sheikh Hasina-led Awami League government signed the CHT Accord nearly two and a half decades ago in 1997, the then government failed to implement key aspects of the agreement, despite being in power for almost the last 15 years. Crucial provisions, such as recognizing the CHT as an Indigenous inhabited region, establishing mechanisms to resolve land disputes, rehabilitating returnee refugees and internally displaced persons (IDPs), and demilitarizing the region, were never enacted.
The CHTC added that as a Nobel Peace Laureate, Chief Adviser is uniquely positioned to appreciate the importance of implementing this Accord to promote peace and restore the Indigenous Peoples’ faith and trust in the state system. The CHTC urgently recommends prioritizing the full implementation of the CHT Accord, with a focus on the key provisions.
2. The executive order known as ‘Operation Uttoron’, which has subordinated the civilian government’s role in the CHT, should be immediately withdrawn to ensure that the Indigenous Peoples of the CHT can also experience freedom like other regions of Bangladesh. Further, all temporary military camps must be dismantled without delay, except for the six permanent cantonments and border security force installations, as explicitly outlined in the CHT Accord of 1997.
3. The CHTC welcomes the release of Jumma political activist Michael Chakma on 7 August 2024. Michael was a victim of enforced disappearance five years ago, on 16 April 2019. However, just a month before Michael’s disappearance, another Jumma political activist, Mayadhan Chakma, was allegedly abducted by security forces in Chittagong on 14 March 2019. His whereabouts remain unknown. The CHTC strongly urges interim government to take immediate steps to determine his location and secure his release. Additionally, the CHTC urges the immediate release of all Jumma activists arrested on politically motivated charges, a process already underway across Bangladesh following the fall of the Awami League government.
4. Indigenous activist Kalpana Chakma was allegedly abducted by security forces on June 12, 1996—an incident that was condemned both locally and internationally. Pursuing justice for Kalpana Chakma will not only address past human rights violations in the CHT but also restore confidence among the Indigenous Peoples of the CHT in the state, which has been lost over successive governments. Addressing this injustice could be an initial step toward healing and overcoming the generational trauma that is felt across the CHT. The CHTC urges interim government to resolve the case of Kalpana Chakma.
5. Since 2003, there have been ongoing efforts to challenge the validity of the CHT Regulation 1900 through legal proceedings. These efforts took a new turn under the last government when the recently resigned Attorney General, in a court hearing of the review petition (Civil Petitions No. 54/2018 and 192/2018) submitted petitions on behalf of the government to remove significant words, sentences, and at least ten paragraphs containing the terms “Customary Law”, “Raja” and “Indigenous Peoples” from the Regulations. The CHTC and the civil society of Bangladesh believe that this direction is an attempt to invalidate or weaken the Regulation, which would further marginalize the Indigenous Peoples of the CHT, destabilize the region, and undermine Bangladesh’s secular, diverse and multicultural character, compromising Articles 2A, 12, and 23A of the Constitution. The CHTC strongly urges your government to take a firm stance in supporting the retention of the CHT Regulation.
6. For decades, the CHT region has been closed off to national and international organizations, preventing independent investigations into the ongoing human rights violations. The CHTC believes this is the perfect time and an important opportunity to open up the CHT to unrestricted access for these organizations, allowing them to conduct independent investigations. This will not only establish accountability but also enhance Bangladesh’s image both locally and globally. The CHTC strongly encourages the interim government to invite the Special Rapporteur on the Rights of Indigenous Peoples for a country visit, and the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) and other relevant mandate holders for country engagement to advise in line with their mandates to promote and advance human rights and democracy.
In conclusion, the CHTC urges interim government to take a leading role in initiating constitutional reforms in the near future, paving the way for an elected government that officially recognizes the Adivasi/Indigenous Peoples of Bangladesh, and provides adequate safeguards for their rights. Recognition and protection of human rights of Indigenous Peoples are crucial to preserving the multicultural and multi-ethnic diversity that defines Bangladesh.
The CHTC stands ready to support interim government in realizing a new chapter for Bangladesh, one that truly upholds the principles of justice, human rights, and democratic principles in the CHT. The challenges in the CHT are profound, but with decisive action, they can be addressed to bring lasting peace and inclusivity for all its inhabitants. By doing so, interim government can ensure that the second independence of Bangladesh is fully realized in the CHT region, setting a powerful example of reconciliation, justice, and progress for the nation and the world.
