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    Mayhem at Maha lchar iAn investigative report on army and settler sponsored

    violence against indigenous Jumma peoples at Mahalchariunder Khagrachari district of Chittagong Hill Tracts,

    Bangladesh

    Embargoed for: 1 October 2003

    Hill Watch Human Rights ForumAddress: 388 Jagannath Hall, Dhaka University, Dhaka - 1000, Bangladesh

    Email: [email protected]

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    Table of contents

    1. INTRODUCTION.................................................................................................................................... 3

    2. WHY THE HWHRF INVESTIGATION TEAM?................................................................................ 4

    3. A PRE-PLANNED ATTACK FOR GRABBING THE LANDS?........................................................ 5

    4. KILLINGS................................................................................................................................................ 6

    CASE 1: KILLING OF NINE MONTHS OLD KIRITON CHAKMA ....................................................................... 6CASE 2: KILLING OF MR BINOD BIHARI KHISA .......................................................................................... 6

    5. WOUNDED............................................................................................................................................... 8

    CASE 1: NIDARSHAN KHISHA..................................................................................................................... 8CASE 2 : TESTIMONY OF MITA CHAKMA, VILLAGE: NUA ADAM (PAHARTULI) ......................................... 9

    6. RAPE OF JUMMA GIRLS AND WOMEN.......................................................................................... 9

    CASE 1: RAPE OF KALA SONA CHAKMA................................................................................................... 10CASE 2: RAPE OF OTHER JUMMA GIRLS AND WOMEN ............................................................................... 10

    7. TORTURE/BEATING........................................................................................................................... 11

    CASE 1: TORTURE OF MONGSANGYO MARMA ......................................................................................... 11CASE 2: TORTURE OF RONEL CHAKMA .................................................................................................... 11CASE 3: ASSAULT ON BINIMOY CHAKMA................................................................................................. 12CASE 4. TORTURE OF SUDDATTA CHAKMA.............................................................................................. 12CASE 5: BEATING OF MR NARAMYA CHAKMA......................................................................................... 13CASE 6: TORTURE OF MS BADI MILA CHAKMA ....................................................................................... 13

    8. ARSON AND DESTRUCTION ............................................................................................................ 13

    CASE 1: TESTIMONY OF MADHAB CHAKMA............................................................................................. 13CASE 2: TESTIMONY OF MOTHER OF ARCEMEDES CHAKMA, CHAIRMAN, MAHALCHARI UNION PARISHAD

    PAHARTALI............................................................................................................................................... 15CASE 3: TESTIMONY OF MR SHUSHIL MITRA CHAKMA............................................................................ 15CASE 4: TESTIMONY OF MODHU CHANDRA CHAKMA.............................................................................. 15CASE 5: TESTIMONY OF MOTHER OF DIPAYAN, HERENGYANAL............................................................... 16CASE 6: TESTIMONY OF MAYA LAKSHMI CHAKMA (35 YEARS), HERENGYANAL .................................... 16CASE 7: TESTIMONY OF MRS. BUROBI CHAKMA (85), BOIDYO ADAM .................................................... 16

    9. ATTACK ON RELIGIOUS FREEDOM ............................................................................................. 17

    CASE 1: TESTIMONY OF REV. SHASHANAPRIYO STOBIR, PRINCIPAL, AMRAKANAN BUDDHIST TEMPLE,BABUPARA ............................................................................................................................................... 17CASE 2: TESTIMONY OF BHANTE (BUDDHIST MONK), SHANTI NIKETON BOUDDHA VIHARA, PAHARTALI................................................................................................................................................................. 18CASE 3: TESTIMONY OF SIDENGMU CHAKMA (42), DURPUJYANAL, ARJYO MITRA BUDDHA VIHARA .... 19

    CASE 4:TESTIMONY OF SHANTYA CHAKMA (46), DURPUJYANAL............................................................ 19

    10. SHAM REHABILITATION AND RACIST POLICIES AND PROGRAMMES.......................... 19

    11. THE IMPUNITY IN THE CHTS ....................................................................................................... 21

    12. RESPONSIBILITY UNDER NATIONAL AND INTERNATIONAL LAW.................................. 22

    13. CONCLUSION AND RECOMMENDATIONS..................................................................24

    HWHRF Report 2003

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    1. Introduction

    On 24 August 2003, a Bengali Hindu named Rupan Mahajan was allegedly kidnapped bysome miscreants from Mahalchari area under the Khagrachari district of the ChittagongHill Tracts, Bangladesh.

    Instead of taking measures against those who kidnapped Mr Mahajan, Bangladesh armyand illegal1 plain settlers launched a pre-planned attack on the indigenous Jumma villageson 26 August 2003. The Bangladesh army personnel and illegal plain settlers launched apre-planned attack on the indigenous Jumma villages and completely burnt down tenindigenous Jumma villages - Babupara, Nua Para, Pahartuli, Durpujyanal, Herengyanal,Boidyo Adam, Basanta Para, Rameshu Para, Saw Mil Para and Lemuchari underMahalchari Upazilla (sub-district) under Khagrachari district of Chittagong Hill Tracts,Bangladesh. Hundreds of indigenous peoples fled from their villages and were displaced.Nine months old baby, Kiriton Chakma was snatched from grand mother, strangulated todeath in front of his grand mother, who was then raped by Bangladesh army personnel.

    About 10 Jumma women out of whom four were girls were raped by the illegal plainsettlers and security forces during the attack.

    Two parliamentary teams one from the government and the other from the oppositionpolitical party, the Awami League visited the affected areas respectively on 8 and 9September 2003. No concrete measures have yet been taken to uphold the rule of law andpunish the culprits. The government promised to provide paltry Taka 2000 (aboutUS$40) to the families but many have not received anything at the time of writing thisreport.

    Any government, which believes in governance, cannot tolerate such lawlessness by the

    security forces. It must uphold the rule of law. Instead of providing relief to the victimsand bring the culprits to justice, the Bangladesh army have been harassing people forgiving interviews. As The Independentreported on 25 September 2003 after spot visit toBabupara and Limuchari there was no sign of relief, rehabilitation or reconstructionwork. Rather witnesses who made statements to human rights groups and pressmenfrom Dhaka are now reportedly being interrogated and harassed by the authorities. TheIndependentcorrespondent was not allowed to meet about 10 rape victims. Hundreds ofmilitary personnel have cordoned off entire Mahalchari area and restricted entry ofoutsiders.2

    Mr Pradeep Chakma (30) s/o late Khulo Moni Chakma of village Pahartuli, Mahalchari,

    Khagrachari district gave interviews to the Parliamentary Team of the government, which

    1 . The illegal plain settlers were brought into in the Chittagong Hill Tracts in clear violation of the Chittagong

    Hill Tracts 1900 Regulation restricting the entry of outsiders in the hill tracts. Moreover, article 49 of the Fourth

    Geneva Convention prohibits such population transfer.

    2 . Hill peoples tale of woe, The Independent, Dhaka, September 25, 2003

    http://independent-bangladesh.com/news/sep/25/25092003mt.htm#A1)

    HWHRF Report 2003

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    visited the area on 8 September, and to the Awami League team on 9 September. Hehelped the Awami League team to interview the affected villagers during its visit on 9September. He also helped the journalists interview the affected people. After eachinterviews, the Zone Commander Lt. Col. Mohammad Abdul Awal called him to thecamp and threatened him. He asked how much Taka he had received for helping the

    Awami League team. Since then, Pradeep Chakma has been living in fear. His house wasalso burnt down on 26 August 2003.

    Bangladesh is party to a number of international treaties including International Covenanton Economic, Social and Cultural Rights, International Convention on the Elimination ofRacial Discrimination and ILO Convention No 107 on Indigenous and Tribal Peoples inIndependent Countries. International treaties and Constitution of Bangladesh require thegovernment to take effective measures against such discriminatory practices by thegovernment.

    Since the events, Prime Minister Khaleda Zia called a meeting. The Prime Minister once

    again referred to restore law and order. Hill Watch Human Rights Forum firmlybelieves that lawlessness increases alienation and lack of faith in the functioning of thedemocracy.

    2. Why the HWHRF investigation team?

    In order to investigate the incident a team of the Hill Watch Human Rights Forum(HWHRF) visited Mahalchari area on 4 and 8 September 2003 for on the spotinvestigation.

    Since the signing of the Chittagong Hill Tracts Accord, such large scale organised attacks

    on indigenous Jumma peoples had not taken place. Although, skirmishes between theillegal plain settlers and indigenous peoples sometimes occurred, indigenous Jummapeople believed that such organised atrocities will not be perpetrated after the signing ofthe Peace Accord. The Mahalchari incidents shows that organised repression anddispossession of the indigenous peoples are not pass in the Chittagong Hill Tracts.

    When the Hill Watch Human Rights Forum reached Lemuchari village on 4 September2003, the army were still camping there. The HWHRF witnessed burnt houses on theeither side of the road in this area. Considering the retaliatory action from the army, theteam decided not to halt there.

    At about 11 a.m., the team reached Babupara in Mahalchari proper. Every house in thearea was burnt to ashes. Charred beams of the houses were still standing as if to testify tothe horrible destruction. Ashes and clinkers were strewn all over the area while off-whitesmoke was billowing slowly from a few burnt houses even nine days after the mayhem.A few families took shelter in makeshift tents at one corner of the village.

    The HWHRF wanted to interview these victims. But none would open their mouth, tooterrified to speak due to fear of the army who were deployed there. The HWHRF team

    HWHRF Report 2003

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    was also informed that army have also been deployed in Rameshu Para and Saw Mil Para.The other villages that were attacked - Nua Para, Pahartuli, Durpujyanal, Herengyanal,Boidyo Adam (Basanta Para) - located further away from the Thana headquarter and noarmy was deployed in these villages. The team moved to these villages and started theinvestigation process.

    The same picture of charred villages was witnessed all over. The whole area lookedalmost deserted. Only few people returned after the incident. The Hill Watch HumanRights Forum team interviewed 21 persons, which included eyewitness and victims.

    On 8 September 2003, the HWHRF team again visited the affected villages. The armywas still deployed there. This time team interviewed the victims at Babupara, theepicentre of the violent attack. The team also visited the Amra Kanon Buddhist Temple,which was also attacked by the army and settlers. Some Jumma people have taken shelterin the temple. The team interviewed twelve persons during this time.

    3. A pre-planned attack for grabbing the lands?

    While the kidnapping of Rupan Mahajan might have triggered the attack, tension hasbeen brewing in these areas as the illegal settlers have been attempting to grab the landsof the indigenous Jumma peoples. The continuing transfer of the illegal plain settlers isone of the root causes of the conflict in the Chittagong Hill Tracts.

    On 24 December 2001, following the general elections, the local Member of Parliament,Mohammad Abdul Wadud Bhuiyan made an attempt to settle 175 illegal settler familiesin Lemuchari. This resulted in a near-clash between the illegal settlers and the indigenousJumma villagers. The local Union Parishad Chairman, Mr Arkemedis Chakma told

    HWHRF that he had to intervene to defuse the situation. He further stated that the PoliceSuperintendent was also present there. However, when the indigenous peoples and illegalsettlers were about to reach a settlement, the settlers attacked him in front of the PoliceSuperintendent. He was seriously wounded and had to be treated in the hospital for manydays.3

    After the kidnapping of Rupan Mahajan, Bangladesh National Party President(Mahalchari sub district) Dewan Morshed Abul Kalam Azad and Pradeep Chowdhury ofBangali Samannoy Parishad called a meeting in the afternoon of 25 August 2003. A fewarmy personnel warned some Jummas on the same day that illegal settlers might attackthe Jumma villages. In the name of staging demonstration they beat up the UP Chairman

    of Shindukchari Union and kept him in detention for the whole night on 25 August 2003.The following day, that is 26 August 2003, at around 10 in the morning, the illegalBengali settlers in a large group came to the market and sought to close down the shops.As the indigenous peoples protested, they retreated. After sometime, the plain settlers andthe Bangladesh army personnel under the command of Lt. Col. Abdul Awal, commander,Mahalchari zone, came to the shop belonging to Binod Bihari Khisha at Babupara. The

    HWHRF Report 2003

    3 . Ibid.

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    illegal settlers beat him up there. In order to save his life, he went up to the army forsafety. But Major Moazzem caught him by his neck and strangled him. He was half deadby then. Moazzem then threw him into the hands of the settlers who hit him with stickand iron rods.

    Affected indigenous Jumma leaders alleged that the main aims of burning down thevillages were first to occupy Jumma land; second, to loot the houses; third, to crush theeconomic backbone of the Jumma people so that they can later buy their lands at a cheapprice.

    The illegal plain settlers and the security forces subsequently attacked all theneighbouring villages and burnt them down in four hours.

    4. Killings

    The killing of indigenous Jumma peoples by the Bangladesh army is a common in the

    Chittagong Hill Tracts. Incidents such as the attack on Mahalchari areas only provide anexcuse.

    Case 1: Killing of nine months old Kiriton Chakma

    During the attack on the indigenous Jumma villages, nine months old Kiriton Chakmawas killed by the Bangladesh army.

    Mrs Sonabi Chakma (25) of village Herengyanal provided the following testimony to theHWHRF team about the killing of her nine months old baby, Kitiron Chakma:

    That day was Tuesday and it was about 12 noon. The name of my kid was Kiriton,nine months old. It was a boy. I was carrying him and fleeing towards the junglebut caught by the army. My mother then came to rescue us and took my son.However, she was caught by 4/5 army men. They snatched my child and strangledhim to death in front of my own eyes. We saw all these in our own eyes from aplace not far from there. We also saw the army sexually abusing (raping) mymother. Having seen all these, we fled from there further into the jungle.

    At around five in the afternoon I met my mother again she was completelydevastated, shocked, fearful and shaken.

    Case 2: Killing of Mr Binod Bihari Khisa

    Mr Binod Bihari Khisha was caught by the illegal settlers and severely beaten. He wasthen handed over to the army who then tortured him to death.

    Ms Jotsna Khisha, wife of slain Binod Bihari Khisha, Babupara provided the followingtestimony to the HWHRF team:

    HWHRF Report 2003

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    To begin with, we opened up a shop. Vegetables are also sold here. A little laterout of the blue they came and started rampaging, breaking bamboo-made baskets(locally called harang), and ransacking the shop. They were 10.12 in number.They came making hue and cry. When we all protested and resisted, the Bengaliboys went back. But after 10/12 minutes they came back chanting slogans. They

    were now in large numbers. Later the Jummas saw that there was army along withthem. Then all (Jummas) retreated. My husband was in the shop. He placed trustin the army. He might have thought that since there was army nothing bad wouldhappen. This might be the reason why he did not escape. He was beaten up andchopped with sharp implements. I was present there. As I heard screams I ranaway. One army man pointed his gun at me. My son and his friend Ronel werealso present there. After some time he (my son) was following me behind. He wasdrenched in blood. At first I thought it was brushfire, but in fact he was bayoneted.I bandaged his hand with a piece of cloth and helped him walk some time. Aftertaking him few yards I bandaged his hand again with a gamcha (a kind of towel).From there I carried him in slow paces. By that time Babupara had been filled up

    with army and settlers. That's all.

    We are now in very pathetic condition. My husband is no more. We need a lot ofmoney. What shall I do? I am at a loss. Nothing comes to my head. I do not knowwhat to do. My situation is very pathetic.

    ... We heard that he did not die here. He died only when he was taken to thecantonment. The torture was so severe. We heard that he wanted to drink water,but he was denied. We believe that if he had not been tortured there he would nothave died. Some people saw him being beaten up and chopped. The dead bodywas then taken to Khagrachari. From there he was taken to the house of Cholabap,

    then to Thana (police station). On Thursday his dead body was released fromThana and was cremated.

    I have not received any compensation from the government to this day. Neither isthere any co-operation from them.

    Mr Krishna Bikash Khisha, (32 years), Employee, Mahalchari College, Resident,Babupara was a witness and stated the following:

    On that day, I mean 26 August, at about eight in the morning we went to theshops at Babupara and buying this and that came back at about nine. A little later

    we heard that some 4/5 Bengali boys came to Babupara shops and asked theowners: why have you kept open your shops? Without waiting a reply anotherBengali boy hit Binimoy Chakma with a stick. There were 15/20 Jummas at theshops. The Jummas resisted and warned them not to bother with those shops.They then went back.

    After half an hour the Bengalis came back in large numbers to mount an attack.There were army along with them. When they reached Babupara, Mr. Binod

    HWHRF Report 2003

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    Bihari Khisha faced up to them to discuss the things. His son Nidorshon Khishawas also there. When his father was being roughed up he ran up to his father tosave him. He was also beaten up and bayoneted.

    There was a rumpus and after hearing all these, we went near to the shops to see

    what was going on there. We saw him being taken into the village of Babuparawhile bleeding. The Bengalis then became clamorous and started to come to ourdirection. They were in attacking mood. We felt insecure to stay back and shiftedto a safer place. From there we saw the Bengalis torching the houses of Babupara.We saw black smoke belching from the burning houses. Even at this time wewere around Babupara. For an hour we saw them burning all our houses. We thenslowly slipped into the jungle.

    When we reached the village of Kerengyanal we saw four boats load of army mencoming. When they came they fired three shots from their guns. They then burneddown the houses. We saw these in our own eyes. Both Bengalis and army went

    there. They were possibly 80/90 in number.

    5. Wounded

    Case 1: Nidarshan Khisha

    Among those who were seriously injured was Nidarshan Khisha (20). His father, BinodBihari Khisha was tortured to death by the settlers and Bangladesh army.

    In an interview to the team of the Hill Watch Human Rights Forum, Mr Nidarshan Khisastated the following:

    The day, 26 August, was market day. The Jummas were laying out theirmerchandise for sale. At that time a group of Bengali people came with stick andstarted to oust the Jummas and ransack the shops belonging to the Jumma people.The Bengalis were about 5 - 6 in number. As the Bengalis doing this we sawJumma people were running away. A few of us came forward and the Bengalismade a retreat. After their retreat, we started to fix the merchandise. A fewminutes later they came back in large numbers and started to pelt brickbat andmud. It was 8:10 a.m. A few seconds later the army came and joined the Bengalis.

    My father (Binod Bihari Khisha) was in the forefront - about 200 yards from us.

    The army caught him. To rescue my father a friend of mine and I went up to thearmy. But the army detained us too.

    There were Bengalis along with the army. They (the Bengalis) were trying tosnatch us from the army so that they could beat us up. At first the army refused tolet them beat us up. But a little later I saw the Bengalis clubbing my friend RonelChakma. And they were trying to rough me up too. I tried to evade them but anarmy man hit me with a stick from behind. I fell on the ground. When I got up the

    HWHRF Report 2003

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    army men held me. They hit me with fist from all directions. One of thembayoneted me. When I saw blood dripping from the wound I felt dizzy. I ran awayfrom there and halted at the tamarind tree in our village. There I met my motherand my cousin Dimond Chakma. They bandaged my wounded hand with Gamcha(a kind of towel). From there we saw the Babupara Buddhist temple coming under

    attack by a huge crowd of army and Bengali civilian. We then ran away first toDurpujyanal and then to Herengyanal. Here I met some of my friends. As wewere taking some rest, we heard someone shout: "Army is coming, army iscoming." My friend Bablu was helping me to walk along. At that time the armycame nearer and was spraying bullets on us. We ran away as fast as we could andwhichever way we found. I forgot all my pains and ran away. I reachedHengelchari. From there I was taken to Rangamati.

    When the army men were beating Ronel and me, the Bengalis were looting andransacking the shops belonging to the Chakmas. In a word, it was a joint attackwith two captains leading the army.

    I should note here that one day before the incident, that is 25 August, some armymen came to the Chakma village of Babupara and cautioned: "the Bengalis wouldpossibly launch attack, so be careful".

    Case 2 : Testimony of Mita Chakma, Village: Nua Adam (Pahartuli)

    As Babupara was raging in fire, we became scared and ran away. We got into aboat and were going towards the direction of Herengyanal. On the way the army,who were also in a boat, saw us and was running after us. We got to a burningground (where dead bodies are cremated) and hid ourselves there. We were 11 of

    us in two boats. The army and settlers also reached after us. Then we all jumpedinto the water. My youngest daughter was behind me. The Bengalis caught herand chopped her with a dao. She was crying: Mother! I am dying. I am dying. Ithen came up to the shore and barged in between her and the Bengalis. I said tothe Bengalis: this is my daughter. Don't beat her; rather beat me. Then one armyman called out: bring her here, bring her here and don't beat her. They then tookher up to him. The army gathered all of us and searched the bags we werecarrying with us. After that they let us go and they set fire to other houses beforeleaving.

    6. Rape of Jumma girls and women

    The United Nations Special Rapporteur on the elimination of all forms of intolerance andof discrimination based on religion or belief (also known as Special Rapporteur onReligious Intolerance), Abdelfattah Amor4, after his visit to Bangladesh in May 2000reported, women from minorities and ethnic communities were vulnerable to violence

    HWHRF Report 2003

    4 . Amor is presently Chairman of the United Nations Human Rights Committee monitoring implementation of

    the International Covenant on Civil and Political Rights.

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    from outside their communities.. Hindu, Buddhist, and Christian women wereobliged to endure a climate of insecurity, due to an increased risk that they would beassaulted (notably in the form of sexual harassment and rape). This increased riskstemmed from the repercussions, within Bangladesh, both of international eventsconcerning their community (for example, the anti-Hindu attacks which included a

    significant number of rapes during the Ayodhya episode in India), and/or of the so-called honour question. With respect to the latter question, it appears to be establishedand common practice that attempts to subject, or commit violations against minoritiesand ethnic communities should take the form of threats, or actual assaults (in this instancerape) on the honour of women, who represent the honour of the whole community. Thisoccurs, for example, within the context of conflicts, for the appropriation of property,etc..5

    Women and girls are specifically targeted and the main victims of violence. In the attackon the villages, which lasted about four hours, nine women were raped by the Bangladesharmy and the settlers.

    Case 1: Rape of Kala Sona Chakma

    Ms Kala Sona Chakma, grand mother of nine months old baby Kiriton Chakma providedthe following testimony to the Hill Watch Human Rights Forum Team:

    The settlers left after setting fire to the houses. We were running away. Mydaughter was fleeing carrying the baby with her. She was being beaten up. I ranup to her and took the baby from her. After that my daughter fled from there.Eight Bengalis and five army men caught me. The baby was crying aloud. Theystrangled him dead in front of me. Then they raped me.

    Of the five army men, three kept aloof. Two of them raped me. After that theywent back and I was looking for our people.

    Case 2: Rape of other Jumma girls and women

    In addition to the rape of Ms Kala Sona Chakma, according to The Independent, 10Jumma women and girls were raped by the Bangladesh army and settlers. HWHRF wasable to the following Jumma women, four of whom are children:

    1. Mrs. Mita Chakma (35) W/O Shasho Dhan Chakma2. Bonita Chakma (15) D/O Shasho Dhan Chakma3. Khuki Chakma (12) D/O Shasho Dhan Chakma4. Amiti Chakma (14) D/O Sudatta Chakma5. Maya Laxmi Chakma (20)6. Chitkala Chakma W/ O Kala Uda Chakma7. Badi Mila Chakma (30) W/O Bimal Chakma

    HWHRF Report 2003

    5 . A/55/280/Add.2

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    8. Gitanjali chakma D/O Nonabi Chakma

    7. Torture/ Beating

    Indigenous Jummas continue to be subject to torture and other inhuman and degrading

    treatment. The attacks provide necessary excuse to perpetrate torture and other inhuman anddegrading treatment.

    Case 1: Torture of Mongsangyo Marma

    Mr Mongsangyo Marma of Babupara, Mahalchari narrated the following to the HWHRFteam:

    At that time I stopped working and was going back home. The army caught meand beat me up and after that handed over to the Bengalis. I ran away and jumpedfrom a bridge. Then the Bengalis caught me again and boarded a vehicle. I was

    taken to the camp and beaten up again. My hands were tied together. The armydid it. After that I was taken to Khagrachari Hospital.

    I did not know the name of the army men, but I did recognise the Bengalis. Theyare from the place just near where Chidol (pest of fish or shrimp) is sold. Theywere possibly more than one thousand in number. They were armed with dao (akind of sharp knife) and stick. The army were carrying their guns.

    They called me terrorist. ....I do not know exactly. I am a day labourer.

    My house has been burned down. Actually, at that time I became senseless. I was

    in a state of fit 2/3 times.

    Case 2: Torture of Ronel Chakma

    Mr Ronel Chakma, age 17, s/o Khokon Bikash Chakma of village Babupara narrated thefollowing:

    The incident occurred on that day at about 9/9:30 a.m. I went to the shop andbought a razor blade. The Bengalis came with market bags in hands to disguise asshoppers, but were forcing the shops to shut down. They hit me with stick. At firstI was struck twice. Later when our people came they ran away. We chased them

    with sticks in our hands. Later they came back together with the army. The armyappeared suddenly from the side of the settlers and pointed their guns at us. TheCommanding Officer, himself was present and called me. I went up to him. Hestarted to beat me. I ran away and jumped into the water. When I was in water, thesettlers chopped me with dao. I was caught and taken to the Zone. Later I washanded over to the police.

    HWHRF Report 2003

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    At Zone we were beaten up severely. They hit us in the chest, in the back and inthe legs. We were put on a saline drip - Monsangyo and me - and shifted away.The army branded us as terrorists. They called us terrorists while beating.

    I was witness to the torture to death of Binod Bihari. He was an old man. He was

    beaten up here (on the spot). He was also tortured there (at the Zone). The armydid it. They kicked him. His legs were tied. He asked for water and was given. Hedied after drinking water. And the army threatened us to hang us upside downfrom a tree. Order to this effect had come from the top, they said. I will not beable to recognise the army, except one. He has very dark complexion.

    The police said we would be killed. They bundled Binod Bihari by the hands andfeet and threw violently in to the jeep. He was not dead by that time. He died afterbeing taken to the Zone.

    I have not recovered completely yet. I was in hospital for more than a week.

    My family's condition is beyond description. We have become penniless.Everything has been destroyed. Not only our family but also all in the village.And physically I am not in good condition.

    Case 3: Assault on Binimoy Chakma

    Mr Binimoy Chakma, age 45, Babupara,Employee, Family Planning Visitor narrated thefollowing to the HWHRF team:

    The incident happened all of a sudden. I was hanging out in the market. Some

    Marma women from Tholipara came to sell vegetables but they were not beingable to go to the market. It was market day. 2/3 Bengali boys came followingbehind me which I did not notice. They started to kick me. Near to me I saw thenephew of ..... (uttered someone's name) . I know that boy. I said to him, "Bhaiput,(nephew), why are you doing this?" He said, "shut up!" Then he gave me a punchin the nose. I know the boy by the face, but don't know his name. By the time a lotof people gathered. I slipped from there and went to Hengelchari.

    Case 4. Torture of Suddatta Chakma

    Mr Suddatta Chakma said that he had collapsed after beating. He did not remember what

    happened after that. Later he found his family members pouring water on him.

    According to his wife, the settlers left him behind after beating. She poured water on hishead and he regained consciousness. My daughters jumped into the water. I thenscreamed: oh, your father is dead! your father is dead!! Then we took him up the hill top.By that time, the army had left. We then helped him board a boat.

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    Case 5: Beating of Mr Naramya Chakma

    Mr Naramya Chakma, 28 years, from Herengyanal, was beaten up first by the illegalsettlers. Then the army had their bout. They caught him by his neck, punched in the chest,hit at the back with stick. He was bearing torture marks of the beating.

    Case 6: Torture of Ms Badi Mila Chakma

    Ms Badi Mila Chakma (40) of Herengyanal narrated the following to the HWHRF team:

    They (Bengalis) were beating us up with wood sticks. I got 4/5 lashes. My sisteralso got her share. After beating us up, they set fire to the houses. We jumped intothe water. The army lifted us into their boat and took us away with them. Theytook us to a place where the Bengalis beat us up again. The army looked on whilethe Bengalis were beating us up. When we begged to them to save us, theypointed their guns at us.

    8. Arson and Destruction

    According to preliminary estimates a total of 379 families were affected as the army andthe illegal settlers burnt down 10 indigenous Jumma villages. A total of 10 villages werecompletely burnt to ashes.

    HWHRF was able to collect the number of families affected in the following villages:

    1. Babupara and Marma Para 78 families2. Pahartuli and Nua Adam 64 families

    3. Saw Mil Para 25 families4. Rameshu Para 32 families5. Kerengyanal 70 families6. Durpujyanal 23 families7. Lemuchari 63 families8. Boidyo Adam and Basanta Para 24 families

    Case 1: Testimony of Madhab Chakma

    Mr Madhab Chakma (35), a businessman of Babupara narrated the following to theHWHRF team:

    At first 5/7 Bengali boys came. Market has opened on the road of Babupara. TheChakmas came and buying and selling things. At around 10 a.m. the Bengali boyscame. They were forcing the Jummas to shut down shops and close the market,and started ransacking the shops.

    The Jummas protested and resisted. It turned into a clash which lasted a fewminutes. The Bengali boys went back. But they turned up again taking army along

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    with them. The army first called Rabindra and a few others who were standing atthe Sluice Gate. They thought nothing would happen. The army asked them tothrow away the sticks. They obeyed and went up to the army. The army caughtand handed them over to the Bengalis. They (the Jummas) were four of them.Another one had managed to run away.

    When they were being beaten up we felt insecure to stay there any longer. Botharmy and Bengalis took part in the beating. We thought the army would be a littlebit impartial and settle the issue between the two communities. As the army didnot do that we were compelled to run away from the scene. When we - my brotherand me- reached near our house, but could not decide what to do. Later wedecided to be on guard at the house. We did not move anything from the house. Alittle later we saw they reached at the culvert and was encircling us. We then leftthe house and fled. Both army and Bengalis were there. The Bengalis were many -about four to five hundred. They were all from Mahalchari - both Hindu andMuslim.

    We fled from there and the Bengalis came and torched our houses. It was exactlyhalf past ten when they set fire to the houses. First Nipul Master's house wastorched, then Nabin's and our's. And then the house of Doctor Pratul and others...At that time we reached there (showing a direction). We halted somewhere andsaw they were advancing and some of them actually reached the temple. Whatthey did, we could not see. Later we crossed the river. But the Bengalis reachedthere too and started to set the houses on fire. We could not stay there too. Andwe moved toward the cottage. But we came across the army there. The armyasked us to stay at the cottage. It was Bano Bihara cottage. But we fled from theretoo because we could not trust the army. We went to Kerengyanal. There we

    heard fire shots. A few rounds of brush fire. It was from the army. And we fled into the jungle. The army and settlers burned down Boidyo para and Hemontopara.. ... about 2/3 hundred houses. They also beat up people, looted the housesand snatched away gold ornaments from women.

    The army rounded up an employee at night at Babupara shops. It's about 12midnight. They beat him up, searched for arms and asked about terrorists andextortionists. He is well known as Chikkomoni bap (Father of Chikkomoni).

    On the night of 25 August the Bengalis ransacked and looted another shop, besidethe one where he (Chikkomoni Bap) was beaten up. When the Bengalis were

    doing all this, the army was patrolling at the Sluice Gate.

    Everything in Babupara house has been burned down. It's my brother's house,where I lived. We have a house at Jaganatali. Now I am living there. Cases havebeen filed against us. It's a kidnapping case against 4/5 of us.

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    Case 2: Testimony of Mother of Arcemedes Chakma, Chairman, Mahalchari Union

    Parishad Pahartali

    Army and Bengali came together. The Bengalis were both Hindu and Muslim.

    The army was carrying arms. How can we face them? Yes, we ran away. Andthen the army set fire to the houses. Those who ran away to Kerengyanal heardthat Pahartali was being raged. The boat got to the bank rather in a rush. Theywent in a boat and opened fire. I mean, the army opened fire. And we werecompelled to run away. Both army and Bengalis came in two boats. Whenrunning away, some fell in front of them - the Bengalis. And whoever they caughthold of, they snatched away gold ornaments from them. One little boy wasrunning away. He dashed to a tree and I do not know whether he died there.

    And here, one almost died from torture. He became unconscious. He came to hissenses only after pouring cold water on his head. Some were thrown into the

    water. The women were fleeing in a boat. All of them were beaten up.

    The army took away Taka 8 thousand from the father of Bikiron. They snatchedgold ornament from the Old lady. She was wearing a chain around her neck. Theytook it too. They took all. If it were only the Bengalis, we could have resisted. It'sthe army who did all these things.

    If the Bengalis had come alone, we would not have run away. We ran awaybecause of the fear of the army.

    Case 3: Testimony of Mr Shushil Mitra Chakma

    Mr Sushil Mitra Chakma, age 50, father of Arcemedes Chakma of village: Pahartaliprovided the following testimony to the HWHRF team:

    The loss of our property in the attack will amount to Taka 40 lakhs. The incidentfirst occurred at Babupara. Then they came in this direction. From here theymoved northward while setting fire to the houses. They were 90 per cent Hindusand 10 per cent Muslims. Along with them was Bangladesh army. Theycommitted looting and arson.

    Case 4: Testimony of Modhu Chandra Chakma

    Mr Modhu Chandra Chakma (42 years) of Nua Adam (Pahartali) stated that the settlersand the army burned down all of Pahartali. The number of houses in Pahartali and SawMil Para would be about 55. All of them burned down.

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    He spent one and half lakhs to construct his house. Apart from this, there were furniture,clothes, rice and all other things that were burned down. The estimated loss could bethree lakhs.

    Case 5: Testimony of mother of Dipayan, Herengyanal

    We saw the people running away from Babupara and we saw the houses beingraged in fire. Later, there was a clamour: they are coming, they are coming. Wetoo ran away from our houses. When we were running away, the army reachedhere, and opened brush fire. One boat carrying the army got here. And they camein another boat from the direction of "the Bock". Our boat and the army boat gotthe bank at the same time. We left our bags and baggage in the boat. All of themlost - sacks of rice, cloths and bags, chest etc. We just ran away carrying one bageach.

    They cut holes in our boat. All that we left in the boat were lost. They torched 47

    houses.

    Case 6: Testimony of Maya Lakshmi Chakma (35 years), Herengyanal

    It started from 8 o'clock in the morning on Tuesday. The army came and openedfire. As soon as they opened fire, we jumped into the water. We hid ourselvesunder the reed in the water. A child was crying. The army found him. Along withthe army were five Bengalis. A little later a boat came. It's the commander of thearmy who came in this boat. The army C.O. or whoever I don't know. He asked uswhere did we live? We said we live here. Then he asked: "don't you have manwith you?" We said, "No, we are only female here." We pleaded with him and

    said, "we beg you to save our lives. Please don't kill us. We are very innocentpeople". We are crying then. They left us but a Bengali snatched away a goldchain from me.

    Case 7: Testimony of Mrs. Burobi Chakma (85), Boidyo Adam

    They asked me: who is the owner of this house? I said, "I am". Then they said,"Ok ok". They were speaking in their own language. The Bengalis were gatheringcoconut from the tree. They got down and I came here (showing a place). Theywere looking at me. I thought they would leave me soon without doing any harm.So I moved here (showing a place again). Then they suddenly set fire to the house.

    I have problem with eyesight. I rushed to where the fire caught and tried to putout. The Bengalis left. Only a few things could be saved. I took out the dishes andplates and bowls while the fire was raging. How do I feel now? You can imaginehow I could be. I have to live on the open ground. And the hot and humidtemperature is tiring and unbearable. I have to eat rice that was burned. It smellsbad and is not worthy of eating. Relatives are giving cloths.

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    9. Attack on religious freedom

    The religious freedom of indigenous Jumma peoples and their children are seriouslyviolated in the CHTs, Bangladesh. Whenever the indigenous villages are attacked by the

    illegal settlers and the security forces, the statues of Lord Buddha, temples and monksbecome the obvious targets. The attack in Mahalchari is no exception. Four Buddhisttemples were burnt down, statues were broken apart and the monks were threatened withphysical assault and shooting.

    Case 1: Testimony of Rev. Shashanapriyo Stobir, Principal, Amrakanan Buddhist

    Temple, Babupara

    The incident occurred on 26 August. It started at about 8/9 a.m. With the start ofthe incident, the villagers came here (temple) and took shelter. After some time, itwas revealed that the Bengalis were coming with army. Hearing that army was

    there, the people who came here no longer felt secure in the temple. They came tothe temple with the belief that they would be safe here as it is a religious place.The incumbent headman Mr. Shudhangsu asked, "Bhante, what will you do? Doyou want to go with us?" I said, "I won't go. I will stay like a Bhante". An elderlyman Mr. Adi Ratan also stayed with me. I noticed the army and Bengalis coming.I thought let them come.

    Then we entered a room. I told him (Adi Ratan) to shut the door. So we remainlocked inside the room praying to the Buddh, Dharma and Sangha and the BanoBhante.

    A little later, the army and the Bengalis came. The door at the temple was open.The door at the dining was open. But the door and the windows of my own roomwere shut. They noticed it. A Bengali, may be a Bengali settler, said, "Sir, thereare people inside". We shut the door from inside. Sure to raise suspicion. Theremust be people inside. And they started to pull the door, but could not open it.Then they started to bang at the door. Then I was only calling the Buddha. I waspraying to him to save me.

    They kept on banging and hitting at the door. A small part of the door was broken.Look, it's still there (showing us the broken part of the door that was still lying).Then another thought came to my mind. If they open brush fire at us, then? I

    asked Adi Ratan to open the door and he did. Still I did not move. They weresearching everything in the room. As they did not find the key of the cupboard,they broke it. The robes I kept on the bed were thrown here and there.

    Later a settler took a glance at where I was, but did not notice me.

    Half an hour had passed. I thought they had gone. Then I broke my meditation. Isat on the chair in the room, and saw there were some army and settlers near the

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    door. Seeing me, they said, "here is the Sadhu, here is the Sadhu (monk)". Theysaid, "where did you go when we were banging at the door? Why didn't you openthe door?" The army called me "shalla" (bastard) and said, "I will shoot you. I'llkill you. I'll arrest you".

    One Bengali showing his crescent-shaped dao said, "I will chop you". I said, "okgo ahead". I further said, "I was in the middle of my meditation. You forced me toask that old man to open the door. If I stayed for half an hour longer in meditation,I am sure you would have broken the door entirely." Pointing his gun right at mychest, the army said, "I'll shoot you". I said, "ok shoot me. As you have arms andpower, shoot me. The settler said, "I will cut you to pieces." I insisted and saidlisten to me. I was telling him again and again that we were in meditation. But hewould not understand it. Later when I told him that we are followers of the BanoBhante, he calmed down.

    This is not the end. You know Amalendu Barua? His son also came along withthem. At first I could not recognise him. But he recognised me. He introducedhimself to me and said, "Bhante, I am the son of Amalendu babu". Then Irecognised him. He asked me not to be afraid. There was another Bengali settlerwith them. He worked here when we were hauling bricks and sands to constructthe dining room. He was smiling and said, "Sadhu, don't worry". The name of theson of Amalendu Barua is Tapas Barua.

    The army said they were searching for arms. They said show us the arms. I asked,"why arms here? Who will keep arms here?" The army said, "there are arms onthe roof". I said, "how will arms go there? Even there is no passage to go upthere." He said that they had recovered arms. I asked him where did they get themand told him that they could go where they got those arms. I said, "Buddhism is

    based on non-violence. You know, this is an arms (showing his gun). We cannottouch it. We cannot even touch bows and arrows." He again told me that they hadrecovered arms. I too gave the same answer for it, and added saying, "if any ofyou Bengali people keeps those arms secretly, then who is to blame?" He keptmum and did not give any answer. Slowly he softened. Later they said, "Sadhu(saint), sorry, we have given you much trouble".

    Having seen Mr. Adi Ratan, they said, "what were you doing?" He replied, "I waspraying."

    A little later, I came out of the room and saw everything was ransacked. Thecupboard was broken.

    Over there I saw all the houses in the village were burned down. The houses werein flames. This is what I have to say.

    Case 2: Testimony of Bhante (Buddhist monk), Shanti Niketon Bouddha Vihara,

    Pahartali

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    They hit the statue of the Lord Buddha. Not only that, fans, glasses - practicallyeverything was either destroyed or ransacked. They also looted away somebuckets and which could not be taken away were chopped up.

    Case 3: Testimony of Sidengmu Chakma (42), Durpujyanal, Arjyo Mitra Buddha

    Vihara

    Five or six army men came. Along with them were Bengalis. There was a statueof the Lord Buddha which was made of bronze. They took it away. And here isanother Buddha statue which they broke. Other things in the temple wereransacked. The army came and entered it. They came from Mahalchari zone.

    Case 4:Testimony of Shantya Chakma (46), Durpujyanal

    They looted everything - from utensils to the statue of Lord Buddha. One Buddhastatue was broken down. 12 inches tall statue. The army first searched the houses

    and then the Bengalis set fire to them. They are from Mahalchari, about onekilometer from here.

    10. Sham Rehabilitation and racist policies and programmes

    The government of Bangladesh has publicly acknowledged its racist programmes likeproviding of free rations only to the illegal settlers who were transplanted into theChittagong Hill Tracts under a planned Population Transfer Programme from 1978 to1983. In August 2002, the Joint Risk Assessment Mission of the Government ofBangladesh, United Nations Development Programme (UNDP), Asian DevelopmentBank (ADB) and other donor agencies studied the security situation in the Chittagong

    Hill Tracts for undertaking development activities.

    The UNDP and Government of Bangladesh in their Joint Risk Assessment Report stated:

    The pervasiveness of poverty is also signified by the large number ofBengali families who have continued to receive rations since the 1980s.The number of households is currently 28,200, which at around 5.5persons per family equals almost 140,000 persons or over 10% of thecurrent population. On the spot checks reveal that many migrant villagesin land constrained conditions, strive to receive rations, because no ricecan be grown there. A question should be raised how long one can

    maintain some 10% of the population on rations. An inquiry should revealwhether local livelihoods are truly unsustainable and deserve long termfood support and whether other solutions should be sought. (Page 46)

    Whether local livelihoods of the illegal settlers are truly sustainable or not, it is clear thatthe government of Bangladesh sustains the conflict in the CHTs by giving free rations tothe illegal settlers.

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    The fact that indigenous Jumma peoples are not provided any such facilities is a clear actof racial discrimination in violation of the provisions of the Bangladesh constitution andBangladeshs obligation under international law.6 In addition, the government providesabout 60 kg rice per hill refugee family each month while a plain settlers family is given85 kg rice since.7

    In late July 2003, the Prime Ministers Office (PMO) of the government of Bangladeshdirected the CHTs Affairs Ministry to suspend rice rations to 65,000 indigenous Jummarefugees. The refugees are provided rice rations under the agreements signed between thegovernment of Bangladesh and the Jumma Refugees Welfare Association under the 16-points rehabilitation package of 1994 and 20-points package of 9 March 1997 to facilitatethe return of the refugees from India. The order of the PMO however directed to give thefree supply of rice rations to 26,000 illegal8 plain settlers families in different clustervillages in the CHTs. The PMO's directive came when the CHT Affairs Ministry askedfor rations for Jumma refugees for the first quarter of the current fiscal year.9

    The order of the Prime Ministers Office to suspend rice ration for the returnee Jummarefugees but to continue rations for the illegal plain settlers who displaced indigenousJumma peoples in the first place, is a clear case of racial discrimination under Bangladeshconstitution and international human rights law. The order will lead to starvation ofindigenous Jumma peoples and their children, as many could not get back their lands forcultivation and were denied the opportunity to rebuild their lives. Their lands have beengrabbed by the illegal plain settlers and the Bangladesh army. According to officialstatistics, 3,055 families out of the 12,222 are yet to get back their dwelling houses, jum10lands, mouza lands, and crematorium. Approximately 40 indigenous Jumma villages, sixBuddhist temples of Chakmas and two Hari temples of Tripuras and one Buddhistorphanage are still in the possession of illegal plain settlers and Army or Ansar forces in

    violation of the Article 17(b)11 of the CHTs Accord of 1997. 12

    The order of the Prime Ministers Office has direct implications on the right to education,health care and survival of the indigenous Jumma children. Given impending starvationof thousands of refugees, Jumma Refugee Welfare Association has launched a 72-hourroad blockade programme from 26 September 2003.

    13

    6 . Indigenous Jummas Denied Democracy and Development:A preliminary critique of the UNDPs programmesin the Chittagong Hill Tracts, United Peoples Democratic Front, 24 July 2003

    7 . Refugees in their own homeland,The Independent, Dhaka, 26 September 2003.8 . The Bengali plain settlers who are transplanted into the CHTs are termed as illegal as they were brought in

    clear violation of the Chittagong Hill Tracts 1900 Regulation which restricts the entry of non-hill people into the

    CHTs. Moreover, article 49 of the Fourth Geneva Convention prohibits such population transfer.

    9 . The Daily Star, Dhaka, 3 August 2003, Ration stopped for indigenous CHT refugees

    10 . Jum is shifting cultivation.

    11 . Article 17 (Kha) of the CHTs Accord provides that The lands to be abandoned by military or para-military

    camps and cantonments will be either returned to the original owners or to the hill district councils.

    12 . The Independent, Dhaka, 26 September 2003

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    After burning down the houses, the government of Bangladesh offered paltry Taka 2000to the affected families. However, most affected families did not even receive anycompensation. This shows discriminatory policies of the government of Bangladesh withregard to the indigenous Jumma peoples.

    10. The impunity in the CHTs

    While the Bangladesh Parliament adopted the Joint Drive Indemnity Act, 2003 on 23February 2003 to provide indemnity to the security forces involved in Operation CleanHeart, the security forces enjoyed complete impunity for human rights violations in theChittagong Hill Tracts. To the knowledge of Hill Watch Human Rights Forum, no one hasbeen ever convicted for human rights abuses in the CHTs.

    Amnesty International reported in 1986 that the army officer allegedly responsible forordering the villagers to assemble and the army to open fire at "Kalampati" 14 was still

    serving in the Chittagong Hill Tracts.15

    President Zia-ur-Rahman promised to establish anenquiry commission on Kalampati massacre. It never took off.

    The government reportedly set up an investigating committee after Longudu massacre on 4May 1989. However, nothing was known about the report of the investigating committeeand prosecution of the culprits responsible for the death of nearly 40 Jumma people.

    The Government for the first time conducted a judicial inquiry in the CHTs into the Logangmassacre of 10 April 1992. The order was an apparent shift from the episodical stand ofwhitewashing the crimes of the security forces by the authorities in Dhaka. One expected itto be one step forward towards establishing accountability process by the democratic

    Government of Begum Khaleda Zia. However, the mode of inquiry violated the UnitedNations Principles on the Independence of Judiciary. Testimonies from the victims weretaken in front of the army personnel at Khagrachari in CHTs. This made impossible totestify about the massacre in which more than 200 innocent Jummas were killed. No onewas prosecuted!

    Moreover, the commission exonerated the security forces responsible for Logang massacre.The Commission held some Ansars and VDPs responsible for firing indiscriminately whichled to the death of 13 Jummas.But the Commission failed to prosecute the Ansars and VDPswho fired indiscriminately killing 13 Jummas as it claimed. The Commission also failed torecommend effective measures to stop reoccurrence of such incidents.

    14. On 25 March 1980, the army and settlers massacred innocent Jumma peoples at Kalampati in retaliation

    against Shanti Bahini ambush of a detachment of soldiers on 10 March 1980. Mr Upendralal Chakma, Member

    of Parliament (MP) in a press conference on 1 April 1980 was unable to determine the precise number of death

    but "certainly exceeds 200" he said. A team of opposition MPs consisting of Mr Shah Jahan Siraj, Mr Rashed

    Khan Menon and Mr Upendralal Chakma found that it has been perpetrated systematically.

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    15 . Amnesty International: Bangladesh, Unlawful Killings and Torture in the Chittagong Hill Tracts,

    ASA/13/21/86.

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    The Commission rather emphasized on the exogenous issues to divert attention from the realissue of identifying the perpetrators of the massacre. Instead Justice Khan said "I want to puton record the presence of Army unit in the hill tracts would be necessary as long as theinsurgency of Shanti Bahini continues".

    The army and settlers massacred 40 Jummas at Naniachar on 17 November 1993. TheGovernment of Bangladesh ordered a judicial inquiry headed by Justice Habibur Rahman.Although the report was submitted to the government on 26 May 1994, the report hasnever been made public. Similarly, the report inquiring into the disappearance of a leaderof the Hill Women Federation, Ms Kalpana Chakma on 12 June 1996 has not been madepublic as yet.

    After the Babuchara Bazaar killing on 16 October 1999, the government instituted aninquiry commission. The report has not been made public.

    10. Responsibility under national and international law

    By failing to ensure that the perpetrators of gross human rights violations such asextrajudicial killings and rape are brought to justice, the Bangladesh government effectivelycondones the practice that led to its perpetuation, and the perpetrators to believe that they arebeyond the reach of the law.

    This is contrary to the Bangladesh Constitution.

    Article 27 of Bangladesh constitution provides for equality before law. It states, Allcitizens are equal before law and are entitled to equal protection of law. In theChittagong Hill Tracts, only the illegal settlers enjoy equality before law. The indigenous

    Jummas are treated as suspects.

    Article 28 of Bangladesh constitution prohibits discrimination on grounds of religion, etc.It provides:

    (1) The State shall not discriminate against any citizen on grounds only ofreligion, race, caste, sex or place of birth.

    (2) Women shall have equal rights with men in all spheres of the State and ofpublic life.

    (3) No citizen shall, on grounds only of religion, race, caste, sex or place of birthbe subjected to any disability, liability, restriction or condition with regard to

    access to any place of public entertainment or resort, or admission to anyeducational institution.(4) Nothing in this article shall prevent the State from making special provision

    in favour of women or children or for the advancement of any backwardsection of citizens.

    However, indigenous Jumma peoples have been discriminated on the basis of theirreligion, race.

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    - Pay adequate compensation to the relatives of the deceased nine-month oldKiriton Chakma and Binod Bihari Khisa;

    - Determine a compensation package for the victims whose houses were burntto enable them to rebuild them and provide them assistance at per with the

    Jumma refugees for a period of two years;

    - Withdraw the armed forces as agreed under the Chittagong Hill Tracts PeaceAccord;

    - Allow international humanitarian organizations to provide relief to the victimsas given to the internally displaced persons for a year;

    - Bring an end to discriminatory policies and practices such as providing freerations only to the settlers which sustains the conflict;

    - Honour the agreements signed between the government of Bangladesh and theJumma Refugees Welfare Association under the 16-points rehabilitationpackage of 1994 and 20-points package of 9 March 1997 and provide rationsto the internally displaced Jummas and the returnee Jummas refugees untilthey are fully rehabilitated;

    - Settle the illegal settlers outside of the Chittagong Hill Tracts;

    - Withdraw the armed forces from the Chittagong Hill Tracts as agreed underthe Chittagong Hill Tracts Peace Accord and deploy civil police to deal withlaw and order situation;

    - Establish a National Human Rights Commission in conformity with the ParisPrinciples on National Human Rights Institutions.

    .

    To the international community:

    - Urge with the government of Bangladesh to take action on the aboverecommendations.