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The Chittagong Hill Lkacts Peace Accord: a Landmark Model for a Viable Solution to the Refugee Problem K

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The Chittagong Hill Lkacts Peace Accord: a Landmark Model for a Viable Solution to the Refugee Problem K The Chittagong Hill lkacts Peace Accord: A Landmark Model for a Viable Solution to the Refugee Problem K. C. Saha Abstract au Bangladesh, patrie des Chakma et de international community as a major onzeautres importantes tribus,fait l'ob- peace initiative. The Chittagong Hill Tracts (CHT)area jet d'enjeux se'cessionnistes depuis le The CHT, comprisingof the three dis- of Bangladesh, home to the C&kma and de'bu t des anne'es 1970. Les aspirations tricts-Khagrachhari, Bandarban and eleven other major tribes, hbs experi- autonomistes des chef tribaux locaux et Rangamati-lies in the southeastem- enced civil strife since the ea?ly 1970s. l'installation de bengalis sur la CHT a most part of Bangladesh, wedged be- The demand for autonomy b the local fait e'clater l'insurrection amze'e. Les af- tween the Indian States of Tripura and tribal leaders and the settl' ement of fron temen ts entre les populations triba- Mizoram. The CHT has an area of 5,093 Bengalees into the CHT sparked amzed les dela collineet l'amze'edu Bangladesh sq. miles, which represents 10percent of insurgency. The fighting between the se son t poursuivis pendan t presque deux the total land area of Bangladesh and tribal hill people and Bangladesh army dtcennies, entrainant unflot massifde contains47percent of its forestland. The con tinuedfor almos t twodecades, resul t- rkfugie's d prtdominance Chakma vers major tribes of the area are Chakma, ing in a largeflight of predqminantly I'Inde. Des pourparlers entre l'lndeet les Marma, Tripura, Tanchangya, Reang, Chakma refugees into India. Talks be- oficiels du Bangladesh au sujet de ces Chak, Khyang, Khumi, Murrung, tween India and Bangladesh dficials re- re'fugie'son t mene'd la cre'ationdegouver- Lushai, Bawm, and Pankho. The largest garding these refugees resulted in the nements locauxsous con trde tribal dans tribes in the CHT are the Chakmas and creation of tribally-led local govern- la CHT,ainsi qu'd uneententede re'habi- the Marmas, who account for nine- ments in the CHT, and a rehbilitation litation pour les Chakma et autres re'fu- tenths of the tribal population. The package for Chakma and other refugees. gie's. Ce processus a pave' la voie d Chakmas and the Marmas are Bud- This process laid thegroundworkfor the I'Accords de Paix de la zone des Traite's dhists. The British, under the CHT Chittagong Hill Tracts Peace Accord de la Colline de Chittagong, signe' le 2 Regulation 1900, exempted the CHT signed on December2,1997 between the de'cernbre 1997entrelegouvernement du from their administration as an "Ex- Bangladesh government and the Hill Bangladesh et 1'Association de Solida- cluded Area" and left the tribal people Tracts People's Solidarity Awociation rite' des Peuples de la Colline (PCJSS). to rule themselves ostensibly to preserve (PCJSS). Shortly after, about 60,000 Peu apr?s, environ 60,000 re'fugie's sont minority "tribal" culture and heritage. refugees returned to the CHTfiomIndia, retoume's duns la CHTdepuis I'Inde, et la Demographic changes were en- and guerillas surrendered their arms. gue'rilla a dkpose'les amzes. Le but de cet forced by the Pakistan Government and The objective of this backgroukld paper is article defond est de proce'der d un exa- later by the Government of Bangladesh, to examine the Chittagong Hill Tracts men de 1'Accord de Paix de la zone des whereby people from the plain areas Peace Accord and its role inproviding a Traitb de la Collinede Chittagong, et le called Bengalees were encouraged to framework for a viable solutijon to the r6le qu'il joue dans la mise enplace d'un settle in the CHT. This led to the growth refugee problem in the CHT. Idalso high- cadresusceptibledemenerd unesolution of Chakma and other insurgencies lights those aspects of the Acdord which viable du problhe des rtfugits dans la among indigenouspeople. The hill peo- serve as a model for preventing refugee CHT.L'articleattireaussi l'attention sur ple organized themselves and formed flight and displacement of pedple in any les aspects de l'accord pouvant servir de the PCJSSin 1972 to champion the cause conflict situa tion. modtle pour une prhention desflo ts de of regional autonomy. An armed mili- rkfugie's dans toutes situa tions de conflit. tary wing of PC JSS called Shanti Bahini Pr6cis was created in 1975. Shanti Bahini took La zonedes Traitts dela Collinede Chit- Historical Background up arms against the Bangladesh army tagong (Chittagong Hill Tracts: CHT) On December 2,1997, a landmark peace and the settlers. In the ensuing war, the accord aimed at ending the decades-old army and the police carried out counter- K. C. Saha is Joint Secretary, Dwartment of insurgency in the Chittagong Hill insurgency activities. Supply, Government of India. Vi@s expressed Tracts (CHT)in Bangladesh was signed The PCJSS made a number of de- in this article are the author's and should in no by the Government of Bangladesh and mands: (a) self determination with a way beconstruedas theview of thGovernment the Hill Tracts Peoples' Solidarity separate legislature; (b) restoration of of lndia. Association (PCJSS-or Parbottiya the fundamental rights of the tribal peo- TheauthoristhankfultoProf.B. S. Chimni, ~&ool Chattogram Jana Shanghati Samiti). ple; (c) constitutional arrangements to of International Studies, ~awabrlalNehru University, New Delhi, for his guidance and The accord was widely acclaimedby the ensure the preservation of the tribal valuable suggestions. national identity, and (d) a total ban on 10 I Refige, Vol. 18, No. 2 (April 1999) I further settlements, dismantling of the reconfirms the degree of political There +ere a series of attacks on tribal existing ones, and transfer of land own- freedom and legal rights enjoyed by peop1esb)l settlers and the armed forces. ership to the tribal people. all people of ~an~ladeshincluding For instance, on March 25, 1980, 300 The International Working Group for those living inCHT. The report of the Chakmag were killed in the Kalampati Commission is biased and flawed. Indigenous Affairs submitted a report The report of the Amnesty Interna- massacre, In the Bagaichhari massacre on human rights situation in the CHT to tional, the 1991 report of the U.S. of August 9,1988, tribals were attacked the Social and Economic Council of the State Department on Human Rights, in retaliation to a Shanti Bahini attack United Nations. In the report, the work- the rePo& of the responsible chirch on the army troops. In another incident, ing group referred to the CHTCommis- organisations and above all the Sub- the Longdu massacre of May 4,1989, sion report of May 1991, which had commission on Human Rights ex- settlers attacked local Chakma villag- observed that pressed satisfaction over the ers. The Shanti Bahini, on the other there have been massive human treatment of the people of the CHT hand, launched attacks on non-tribal rights violations in the Chittagong by the Government of Bangladesh. villagers +nd the armed forces. Hill Tracts, which constitute a geno- CHT is one of the most thinly popu- lated areas. About 10 percent of the The wdr and instability in the CHT cidal process. Hill people have been led to refdgee migrations to the State of murdered, crippled, raped, tortured, land area is now being inhabited by 0.5 percent of the population. Bangla- Tripura in India since 1986. In February imprisoned and deprived of their 1987, for example, there were 49,000, homes and livelihood. They have desh is probably the most densely been denied civil and political rights. populated area of the world. Hence, mostly Chakma refugees living in They have been denied economic, movement of people in search of safe camps in Trip~ra.~By 1997, the number social and cultural rights. There has homestead and reasonable living is a had gone up to 60,000.5 The Chakma been extensive and massive illegality normal phenomenon in our co&try. refugee isbue became a major irritant in over land under Bangladesh Law.' Our laws, like those of any free coun- Indo-Ban$ladeshrelations. There was a try, permit movement-of people from CHT to other areas of Bangla- differencd of opinion between India and The CHT Commission had recom- desh in search of home and employ- Bangladesh on the number of refugees. mended that ment and vice versa. ~rmed According to the authorities in Bangla- No further settlement in the CHT by insurgents called Shanti Bahinis are desh, the umbers of refugees, as pro- outside settlers should be perrnitteci. causing widespread destruction and vided by the Government of India, were Involuntary reorganisation of both death in the CHT area. Villagers have highly inflated. It was also alleged that hill people and Bengalees into cluster been encouraged to organize them- the IndianGovernment was backing the villages in the CHT should be dis- selves into cluster villages so that the Shanti Bahjni insurgents who operated mantled immediatelv. CHT must be Government could provide proper from across theborder in India. Further- demilitarised.Autonomous political educationaland health facilitiestothe more, the Government of Bangladesh institutions stronger than the exist- -.people of the area and create neces- ing District Councils should be estab- sary social infrastructure.The armed maintainqd that the Indian authorities lished. There should be a referendum insurgents find such a settled and in Tripuraprevented the repatriation of in the CHT on autonomv with the prosperous life against the sinister Chakma afid other refugees. The Indian voting confined to the hill people. designs of their paymasters. It is a Government, however, denied these There should be constitutional pro- normal practice in a civilized country charges mdmaintained that the Bang- tection of any future autonomous tocall upon the army to assist the civil ladesh Gavernment had not taken any government-a Continuing Moni- authorities in emergencies.
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