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STATEMENT OF PARBATYA CHATTAGRAM JANA SAMHATI

SAMITI IN CONTEXT OF THE PRESENT STATE OF
IMPLEMENTATION OF CHT ACCORD, AMENDMENT TO THE
THREE HILL DISTRICT COUNCIL ACTS, ENACTMENT OF
THE CHT DEVELOPMENT BOARD ACT AND
ESTABLISHMENT OF SCIENCE & TECHNOLOGY
UNIVERSITY AND MEDICAL COLLEGE IN RANGAMATI





















Parbatya Chattagram Jana Samhati Samiti


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Statement of Parbatya Chattagram Jana Samhati Samiti (PCJSS)
in Context of the Present State of Implementation of CHT Accord, Amendment
to the three Hill District Council Acts, Enactment of the CHT Development
Board Act and Establishment of the Science & Technology University and
College in Rangamati

The government of Bangladesh, without having consultation with the Chittagong Hill Tracts
(CHT) Regional Council and peoples of CHT, has unilaterally passed the CHT Development
Board Act, 2014 in the Parliament on 1 July 2014 and brought amendment to the three Hill
District Council Acts and undertaken initiative to establish the Science & Technology
University and Medical College in Rangamati. The Parbatya Chattagram Jana Samhati Samiti
(PCJSS), permanent residents of Jumma and Bengali people in CHT and the civil societies at
national level have been staging sharp protest and agitation against such anti-accord and anti-
people initiatives ever since stepped up by the government.
It is needless to be mentioned here that the CHT Accord was signed in between the then
government and PCJSS aimed at resolving the CHT crisis through political and peaceful means
in 1997. Immediately after signing the Accord, though some issues of the Accord were initially
implemented, however the main issues have been left unimplemented as yet. Despite passing
17 years after signing of the Accord, the main issues of the Accord, especially, preservation of
Jumma-predominated (tribal-inhabited) characteristics of CHT; execution of powers and
functions of CHT Regional Council and the three Hill District Councils and holding elections
of these councils; resolution to the land disputes of CHT; returning of the lands and homesteads
of the India-returnee Jumma refugees and internally displaced Jumma families and their re-
settlement; withdrawal of de facto military rule Operation Uttoron and the temporary camps;
cancellation of leases given to the outsiders; appointment of permanent residents of the three
hill districts giving priority to the Jumma people in all kinds of employments in CHT;
amendments to be brought in the concerned existing laws in consistent with the Accord;
rehabilitation of the Bengali settlers outside CHT with dignity etc. are the issues, for not having
been implemented, the progress of solution to the CHT crisis has not yet reached to the
expected level as of this day.
The Awami League-led government, which had been in the state power for a period of 3 years
and 8 months after signing of the Accord on 2
nd
December 1997 and for a whole tenure of 5
years following its victory in the 2008 national elections and despite currently passing 6 months
after having been re-constituted on achieving victory in the national elections held on 5 January
last to count the whole period for altogether more than 9 years in the power, shows to have
been spelling utter failure in implementing main issues of the CHT Accord. Especially, since
2009, the government has been trading a lie only to deceive the CHT peoples by way of uttering
mouthful words one after another on implementation of the unimplemented issues. It is for only
non-implementation of main issues of the Accord, the military supremacy has remained in all
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nook and corners of CHT as it had been before signing of the Accord and hence Jumma people
are passing days in a state of insecurity. Oppression and suppression by the state machineries
upon the Jumma people continue to exist unabated as before. The ultra-communal quarters
and Bengali settlers have been conducting concerted communal attacks upon the Jumma
settlements attempting to occupy their lands and homesteads under patronization of the de facto
military rule Operation Uttoron and general administration. Infiltration into CHT by the
Bengali people from all over the country including the so-called Rohingyas from Myanmar is
still going on unabatedly. Communal attacks on indigenous peoples and minorities, land
grabbing, violence against indigenous and minority women and religious persecution have
increased throughout the country. The process of eviction of the Jumma peoples from their
recorded and traditionally occupied lands and homesteads including the Jum lands has been
intensified through expansion of camps of the security forces, establishing so-called eco-parks
and tourist spots, giving lands in lease to the non-local influential Bengali individuals in the
name of development, declaring the Jum lands to be reserved forests etc. Alongside being
implemented is the ethnic cleansing programme of the Jumma peoples through perpetration of
ill-designs that include arson upon the Jumma dwellings, looting, attacks on the innocent
Jumma villagers and killing, abduction of Jumma women, raping and killing after raping etc.
and terrorist misdeeds and the conspiracy of turning the non-Muslim inhabited CHT into a
Muslim-predominated region.
On the contrary, a reign of terror has been imposed upon the peoples in CHT by facilitating the
anti-Accord armed group named United Peoples Democratic Front (UPDF) to carry on terrorist
activities such as extortion, abduction, killing, etc. unabatedly. Non-implementation of the
CHT Accord has given rise to extreme anguish and discontentment among the permanent
inhabitants of Jumma and Bengali people including the civil societies of the country at home
and in abroad. In a complex and delicate situation as such, the government, instead of
implementing the main issues of the Accord, unilaterally has brought in amendment to the three
Hill District Council Acts, enactment of the CHT Development Board Act and in sharp contrast
to peoples opinion has taken up initiatives to establish Science and Technology University and
Medical College in Rangamati the action of which can undoubtedly be held for an extreme
undemocratic, anti-people and reflection of its anti-accord gesture.
Violation of prerogatives of CHT Regional Council
Article-53(1) of CHT Regional Council Act 1998 reads: The Government if it initiates to
make any law concerning the CHT Regional Council or the Chittagong Hill Tracts shall take
necessary measures for making the law in consultation with the CHT Regional Council and the
concerned Hill District Council and after considering advice of the CHT Regional Council.
But so far the government has not consulted with or accepted consultations of CHT Regional
Council in any manner while formulating Rangamati Science and Technology University Act
2001, CHT Development Board Act 2014 and three Hill District Council (Amendment) Act
2014 Bills. This, on the part of government, is a direct violation of law and a clear contempt of
the law. Without having discussion and consultation with CHT Regional Council, formulation
of any law and/or bringing amendment to any law relating to CHT can therefore be held for
absolutely an illegal and excluded of legislative procedure.
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Unilateral initiative for amendment to the three Hill District Council Acts
Without having consultation with CHT Regional Council, aiming at increasing the size and
numerical strength of three interim Hill District Councils from 5 to 11 members including the
Chairman, the State Minister of CHT Affairs, Bir Bahadur Ushwesing brought the said bills in
the parliament under titles of Rangamati Hill District Council (Amendment) Act 2014,
Khagrachari Hill District Council (Amendment) Act 2014 and Bandarban Hill District Council
(Amendment) Act 2014 and all these bills were sent to the Parliamentary Standing Committee
for examination on the same day. In a statement containing the objectives and functions, it was
said: .though there is provision for ensuring representation of small or big ethnic groups and
non-tribal community, for being formation of interim council restricted to only 5 (five)
members including the Chairman, the representatives of small ethnic groups are not in the
....Hill District Councils.
At this, the right of the ethnic groups deprived of representatives is thereby being violated and
that there leaves no space for playing their role in determining the right to priorities in the
development programmes. In the statement it is also mentioned that the amendment initiative
has been taken in response to the need for increasing of numbers in the membership of the
interim councils aiming at ensuring representation of the small ethnic groups. Here, it is to be
considered as to why the government, in place of forming up a full fledged Hill District Council
with 34 members representing all the indigenous peoples through holding direct elections, is
going to constitute the Councils with non-elected or nominated councils by restoring to
undemocratic means.
It is relevantly worth mentioning that though the tenure of three Hill District Councils had
already expired in 1992 long before signing of the CHT Accord, no government had taken
initiative to hold elections for the councils during the following 22 years and to that end, no
initiative was taken to formulate Election Rules and Electoral Rolls Rules for chairman and
members of the councils. The tradition that has been being followed for the years together is
the party that assumed in the state power nominates the chairmen and members from among
their partisan fellows. The five-member interim councils, for not being elected through direct
voting of the people, indeed, do not have any transparency, accountability and liability to the
people. As a result, these interim councils have become the centers for rehabilitation of the
partisan fellows of the party in power and dens of institutionalized corruptions. Despite being
so, in place of undertaking initiative for holding elections for these interim Hill District
Councils, the government has taken initiative to increase the size of the three interim Hill
District Councils in the name of ensuring participation of various ethnic groups in the interim
councils.
Now the question arises: until this day, the government has been depriving the hill people from
their right to franchise and representation in the governance system for the last 22 years, then
for how long will the government continue to deprive the hill people from their constitutional
and fundamental rights by imposing non-elected councils?
Indeed, PCJSS considers the frequent veering of elections for the three Hill District Councils
is nothing else but to deprive the hill people from their rights to franchise and representation
i.e. political and citizen rights and above all, the initiative of bringing amendment to the three
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Hill District Council Acts so undertaken is a mean and motivated move on the part of
government to avoid implementation of the CHT Accord. It is needless to say that there cannot
be any alternative to an elected full fledged council consisting of 34-member as per the act if
at all there has to be constituted a strong and dynamic Hill District Council, to ensure
representation for all the ethnic groups and above all, to constitute a pro-people, accountable
and corruption free Hill District Councils.
Whatever size of the council may be expanded with the non-elected individuals, it can never
be constituted a strong, dynamic and accountable Hill District Councils nor can it be ensured
of real representation of all ethnic groups either. In fact, it cannot be other than increasing the
opportunists and the quarters of vested interests in number, if the size of the interim councils
is expanded. On the contrary, the PCJSS believes, as a result of this, a new problem will crop
up in CHT and deprivation and negligence towards the hill people will further get enhanced
and the implementation process of the CHT Accord will thereby be obstructed.
Establishment of Science and Technology University and Medical College
The then government, without having consultation with and advice from CHT Regional
Council, formulated Rangamati Science and Technology University Act 2001, with a view
to establishing a University of Science and Technology in Rangamati. The present government,
in the same way, has also taken an initiative to establish a medical college in Rangamati without
having consultation with and advice from the CHT Regional Council and the concerned Hill
District Council very recently.
Establishment of university and medical college in CHT, may undoubtedly be said to be a pro-
people initiative. No nation can prosper without higher education. But the question is: upto
what extent the distinctive and special context of CHT has been taken into consideration in
establishing the university and medical college in the Jumma-inhabited (tribal-inhabited)
region with special administrative system? Special administrative system in CHT,
distinctiveness, ethnic diversity, backwardness, land disputes, etc. constitute the context based
on which the managing bodies for university and medical college to be formed, admission of
students, employment of teachers-officers-employees etc. are the factors of which, what extent
are these taken into account in the Acts of these educational institutions or in the policy
manuals? Hence, it is really an issue to be considered whether the socio-politico-educational
situation of CHT people is at all conducive to such initiative.
It is needless to express that the government did not pay a speck of respect to the legal
obligations of having consultation with and advice from Regional Council and the concerned
Hill District Council in formulating any law relating to the CHT while framing up law for the
said university and even did not consider the contextual grounds of special administrative
system of CHT, distinctiveness, ethnic diversity, backwardness, land problems, etc. The same
law has been formulated in case of framing the Rangamati Science and Technology University
Act, as it is usual matter with the universities existent in the country. Article-5 of this act reads:
The University shall remain open to males and females belonging to any race, religion, caste
and class. In case of admission in the university, there has been defined no provision for
reservation of seats specifically mentioned for the indigenous and local students.
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In different countries of the world, in case of admission in the institutions of higher education
located in special regions with distinctive character, the major portion of seats are kept under
reservation for the local students. In the act of proposed Rangamati Science and Technology
University, no provision as such has been mentioned about reservation of employment
opportunities for the Jummas as well as for the candidates from local permanent residents for
the executive posts of Vice-Chancellor, Pro-Vice Chancellor, Treasurer and Registrar. Also in
constitution of Regent Board, the Executive Body of university, no specific provision has
been kept for representation from CHT Regional Council and three Hill district Councils
including appointment of members from among the Jummas and permanent inhabitants of
CHT.
It is needless to be mentioned that the socio-economic-educational base of CHT people capable
of meeting the required number of students for the higher educational institutions with
adequacy has not yet built up. As such, it is quite natural that there will be admitted more than
90% outside students as per the act and policies of the proposed university and medical college.
The best illustration of this kind is Kaptai Sweden Polytechnic Institute. Though this institution
was built for expansion of education in CHT, at present more than 90% students are outsiders.
Besides, the same will happen in case with appointment of teaching and non-teaching staff for
the proposed university and medical college. As a result, the university and medical college
will become a center for infiltration to the outsiders and this will offer serious blow to the tribal-
predominated feature as enshrined in CHT Accord and status of the region.
In CHT, it is due to continuous infiltration of Bengali outsiders and land grabbing to meet
political end, the crisis of Jumma peoples in respect of their life-styles and livelihood,
occupation and land issues have become too acute. The PCJSS observes that if the projects of
Science & Technology University and Medical College get implemented, the existing problems
ensuing out of social, cultural, political and economic spheres will be more complicated. The
Jumma peoples and local permanent inhabitants are being evicted from their own homesteads
and lands without their prior and informed consent the mode of which can be considered to be
not in consonance with the Constitution of the country and the international human rights laws.
The provisions for jobs and higher education contained in the CHT Accord stipulates: The
Government shall maintain the quota system for the tribals in respect of government services
and in the institutions for higher studies until their attainment of parity with other regions of
the country. To the aforesaid end, the Government shall grant increased number of stipends for
the tribal male and female students in the educational institutions and shall provide necessary
scholarships for higher education and research in foreign countries. But in expansion of higher
education facility and development in CHT, no significant development has also been made
during the post-accord era. There are three government colleges in the hill districts and there is
an opportunity of studying honors courses on a few subjects only. The number of teachers is
also very inadequate. Above all, the residential problem for teachers and students including
lacking of educational materials are existent in acute state. Besides, there are multi-faceted
problems with the primary and secondary level education including the non-government
colleges. The education scenario at school level is very discouraging due to shortage of
teachers, lack of education materials, administrative complexities, financial unsoundness etc.
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Hence, the context of existing reality endangers the rights of indigenous peoples and their
existence and while letting the political stability remain in uncertainty, the initiative paced by
the government cannot be a realistic one and acceptable to the people of this region. Therefore,
PCJSS thinks the initiatives would have been a reality-based, if the initiative for establishing
Science & Technology University and Medical College had been abandoned and instead, to
introduce Honors and Masters courses on more numbers of subjects, allotment of enhanced
quota for the indigenous students in various public universities and medical colleges, to
establish para-medical and polytechnic institute, allocation of more funds for educational
development in CHT.
Enactment of CHT Development Board Act
The government has passed the CHT Development Board Act 2014 in the parliament on 1 July
2014 during the Budget Session without having consultation with and advice from CHT
Regional Council. With this Act, the CHT Development Board has been given a status of a
statutory body. In fact, the main institutions of special administrative system in CHT are
comprised of three Hill District Councils at district level and CHT Regional Council at regional
level. The enactment of CHT Development Board Act 2014 will undoubtedly bring harm to
the special administrative system of CHT that comprises of CHT Regional Council and three
Hill Districts Councils and will invite administrative complexity in the administration and the
development as well.
As per the CHT Accord and Article 22(a) and (c) of CHT Regional Council Act, all the
development programmes conducted under the CHT Development Board including the Hill
District Councils shall be coordinated and supervised by the Regional Council. Despite there
is legal provision for the CHT Development Board to discharge its responsibilities under
general and overall supervision of Regional Council, the CHTDB authority has been all the
more ignoring the said legal bindings.
Though there is provision for representation from CHT Regional Council and three Hill District
Councils in constituting CHT Development Board, but basically it is the government
bureaucrats who are nominated for the posts of Chairman, Vice-Chairman and regular members
of the Board in whom the executive power remains vested. It means that the government
bureaucrats retain the principal responsibility of CHT Development Board in their hands,
which will ultimately obstruct the pro-people and balanced development, as well as ensuring
self-determined development rights of CHT people and over all, the special administrative
system comprising of CHT Regional Council and the three hill district councils.
Conclusion
Relevantly, it is also mentioned worthy that, during the last 10
th
Parliamentary elections, the
government, though had a commitment in its election manifesto, in practice, it has undertaken
no effective initiative to implement the CHT Accord as yet. The government, while passing its
last phase of the foregone tenure (2009-2013), though placed the CHT Land Dispute Resolution
(Amendment) Act 2013 in the 9
th
Parliament, at last let it remain hanging with the
Parliamentary Standing Committee. On the other hand, the initiative that had been undertaken
for transfer of untransferred subjects and departments to the Hill District Councils decided
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through holding a meeting by the then State Minister Dipankar Talukder and Dr. Gauhar Rizvi,
Advisor to the Prime Minister on international affairs, with the Secretaries of various ministries
on 1-3 July 2012, that too, has been kept non-effective.
Instead of stepping for an initiative to implement the hanging important issues mentioned as
above, the government has taken a U-turn while violating the CHT Regional Council Act and
three Hill District Council Act through unilateral initiatives by bringing amendment to the three
Hill District Act and enactment of CHT Development Board Act and stepping up measures for
establishing Science & Technology University and Medical College in Rangamati. Hence, with
this, PCJSS declares that if any undesirable situation springs up as a result of implementation
of such anti-accord, undemocratic and anti-people initiative against the hopes and aspirations
of CHT people, the government will unilaterally have to remain liable for and along with this,
PCJSS calls upon the government to implement the following issues in the national interest:
Implementation of CHT Accord:
1. To undertake initiative for speedy and proper implementation of all the unimplemented
issues of CHT Accord;
2. To hold elections for the three Hill District Councils and CHT Regional Council and to
that end, to formulate Election Rules of Chairman and Members of Hill District
Councils and Electoral Roll Rules with the permanent residents of CHT without any
delay;
3. To transfer all un-transferred subjects and departments including Supervision and
Preservation of Law & Order, Police (Local), Forest & Environment, local Tourism to
the concerned Hill District Councils through an Executive Order;
4. To amend the CHT Land Dispute Resolution Act 2001 as per the 13-point amendment
proposals adopted by the CHT Accord Implementation Committee and the inter-
ministrial meeting held at CHT Affairs Ministry on 30 July 2012 under chairmanship
of the then Law Minister;
5. To withdraw all the temporary camps of army, Ansar, APBN and VDP including the
Operation Uttoron and to fix lime limit for this purpose;
6. To return the homesteads and lands to the internally displaced Jumma refugees and
India-returnee refugees and to rehabilitate them;
7. To bring amendment to all the laws applicable in CHT in consonants with the CHT
Regional Council Act and three Hill District Council Acts;
8. To rehabilitate the Bengali settlers outside CHT with dignity;
Amendment of HDC Acts, Enactment of CHTDB Act and Establishment of University &
Medical College:
9. To withdraw the Bills of three Hill District Council (Amendment) Act 2014 that were
placed before the Parliament;
10. To repeal the CHT Development Board Act 2014 and to abolish the CHT Development
Board;
11. To postpone the initiative of establishing Science & Technology University and
Medical College until and unless proper implementation of the CHT Accord is made;

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Fund allocation for development of education sector in CHT:
12. To introduce Honors and Masters Courses on more subjects in the government colleges
in CHT and to allocate necessary funds for education sector;
13. To preserve more seats in quotas in the various public universities, engineering
universities and medical colleges for the Jumma students and provide scholarship for
them for higher education and research abroad;
14. To establish para-medical and polytechnic institutes in CHT;
15. To appoint necessary teachers in the government and non-government primary schools,
secondary schools and colleges in CHT and allocate necessary funds for establishment
of residential quarters for teachers and hostels for boys and girls;
Land issues and anti-accord armed terrorist activities:
16. To stop acquisition and forcible occupation of land recorded and traditionally occupied
by hill people including Jum land in the name of expansion of camps, illegal
establishment of eco-parks and tourist spots, land lease to the outsiders, declaration of
reserve forests, rehabilitation of outsiders etc;
17. To form land commission for resolution of land problems of indigenous peoples of
plain lands;
18. To eliminate the armed terrorist activities of anti-CHT Accord group named UPDF.
At the end, the PCJSS calls upon all walks of Jumma peoples and democratic, progressive and
non-communal civil societies of the country, to plunge into movement more unitedly as to
forge the movement of implementation of CHT Accord ahead against all forms of anti-accord
and anti-people designs at an irresistible speed.
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This statement is published and circulated by Information & Publicity Department of PCJSS on 14 July 2014
from its Central Office, Kalyanpur, Ranagamati, Bangladesh.