Implementation of CHT Accord: U-turn by the government Mangal Kumar Chakma THIS year marks the passing of 17 years since signing of Chittagong Hill Tracts (CHT) Accord, 1997 on December 2, 1997, between the Government of Bangladesh and PCJSS. Since assuming power in 2009, the Awami League-led grand alliance has not taken any step that is worth mentioning towards implementation of the core issues of the Accord. The Awami League government (1996-2001) initially implemented a few provisions of the CHT Accord. Among them are passing of CHTRC Act and three HDC Acts in 1998, establishment of CHT Affairs Ministry, repatriation of Jumma refugees from India, and withdrawal of around 66 temporary camps (though the government claimed withdrawal of 172 camps). However, the main issues, such as preservation of tribe-inhabited feature/status of the region; introduction of special governance system in CHT with CHTRC and HDCs and devolution of powers and functions to them; resolution of land disputes; demilitarisation, etc. are yet to be implemented. The government, including the prime minister, has been claiming that altogether 48 out of 72 sections of the CHT Accord have been implemented in the meantime and 15 sections out of the rest have been partially implemented while the remaining 9 sections are under implementation process. This is not fully accurate. As per observation of PCJSS, only 25 sections out of 72 sections of the CHT Accord have been implemented so far. Thirty four sections of the Accord still remain totally unimplemented while 13 sections have been partially implemented. This means that two-third of the sections of the Accord have been unimplemented as of this day. For instance, analysis of Sections 1, 2, 3 and 4 under Part-A of the Accord, which the government says have already been implemented, disproves the governments claim. Section-1 of the Accord stipulates: ”Both the parties, having considered the CHT region as a tribe-inhabited region, recognised the need of preserving special features of this region and attaining the overall development thereof.” But this aspect still remains confined to the papers. No legal or effective safeguard measures have so far been taken to preserve or restore the tribe-inhabited feature of the region. No office order, directive or notification to that effect has been passed by the government. As a result, unabated migration of outsiders into CHT is taking place through different ways and means, which has led to the loss of the very tribal-inhabited feature of the region. The government, on the one hand, has been dilly-dallying in implementing the core issues of the CHT Accord, while formulating anti-accord laws and programmes on the other. For instance, without holding elections in the three HDCs and CHTRC and contrary to the opinion of the CHT people, the government, on November 23, 2014, amended three HDC Acts by increasing the numerical strength of the members of three interim HDCs from 5 to 15, including the chairman. Before signing of the CHT Accord, though the tenure of HDCs had already expired, the successive governments did not take any initiative to hold elections for these councils during the last 22 years. No initiative has yet been undertaken to formulate Election Rules of chairmen and members of the HDCs and Electoral Roll Rules for the purpose. The 5-member interim HDCs formed with the ruling party members have been functioning in an undemocratic way. In fact, these nominated interim HDCs work without any obligation and accountability to the people. Instead of holding elections for these institutions, the government has recently amended the laws of these councils to run the HDCs in an unfair manner. The main objective of making amendments to the three HDC Acts seems to be to by-pass the elections for the CHT institutions and deprive the CHT people from their political rights to franchise and access to representation and, above all, to shelve the implementation of the CHT Accord tactfully. Unlike prompt amendment of three HDC Acts, which was made within six months, amendment of CHT Land Dispute Resolution Commission Act 2001 has been kept pending for 13 years, including 6 years of the grand alliance government. This law was passed in 2001 without consultation with or advice from CHTRC, hence, several issues contravening CHT Accord were included in it. When the present government was formed in January 2009, the CHTRC once again sent its recommendations to it for bringing amendment to this law. After a series of meetings, CHT Affairs Ministry, in consultation with CHTRC, finalised 13-point amendment proposals for amendment of the Act, which was also endorsed by CHT Accord Implementation Committee. But the government has been delaying in amending the law as per the 13-point recommendations. Due to non-resolution of land-related disputes in the CHT, ethnic conflicts and forcible occupation of lands belonging to the indigenous Jummas continue. The prompt amendment of HDC Acts on one hand and delay in amendment of Land Commission Act year after year on the other, make it look as if the government is not sincere about implementing the Accord fully. While CHTRC Complex Project has been kept pending ever since the formation of the apex body of CHT special administrative setup in 1999, the selection of sites for establishing medical college and science and technology unversity is another instance of the governments confusing policy in implementing the CHT Accord. The government is keen to rehabilitate the poor people through Ashrayan Project in CHT while measures for rehabilitation of internally displaced Jumma families have not been taken in the last 17 years, though it is one of the obligations stipulated in the CHT Accord. Mangal Kumar Chakma
Posted on: Tue, 02 Dec 2014 06:23:49 +0000
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