CHT Commission to UN Secretary General November 2011

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11November,2011

To

HisExcellencyBanKimoon

HonourableSecretaryGeneral

UnitedNations

NewYork10017,USA

Subject:Implementationof the1997CHTPeaceAccord

YourExcellency,

GreetingsfromtheInternationalChittagongHillTractsCommission!

Wearedelightedwithyourvisit toBangladeshandhope thatyouwillbeable to

addresstheissuesinBangladeshthatneedspecialattentionfromYourExcellency.

Onesuchissueistheimplementationof the1997CHTPeaceAccord.Inafewweeks�

time,on2December2011,the indigenouspeoplesof theCHTwillbemarking the

14th anniversary of the signing of this Accord with the Awami League (AL)

government.IntheElectionManifestoof theALin2008,theimplementationof this

Accord

was

specifically

mentioned

as

a

pledge

that

would

be

fulfilled

if

they

were

electedtooffice.

However,nearlythreeyearsintoitsnewterm,and14yearssincethesigning,theAL

government has not yet issued a roadmap for the implementation process, and

manyof its importantprovisionsremainwhollyoronlypartlyunfulfilled.Themost

critical, perhaps, are the clauses dealing with the settlement of land disputes,

demilitarizationandthedevolutionof authoritytolocalinstitutions.

Youmaybeawareof the�Studyonthestatusof implementationof theChittagongHillTractsAccordof 1997�whichwaspresentedbyUNSpecialRapporteurMr.Lars

Anders Baer at the 10th session of the United Nations Permanent Forum on

Indigenous Issues (UNPFII) in May this year, and followed by a number of

recommendations of the Permanent Forum.Mr. Baer alsonoted that therewere

many allegations that the military was interfering in civilian matters in the

ChittagongHillTractsand theywere�oneof themostpowerful institutions,often

beyondpubliccriticismorscrutiny, includingbytheSupremeCourtof Bangladesh�.

Inlightof thepositionof allegedimpunityenjoyedbythemilitaryandallegationsof

direct involvement of the army in attacks on indigenous peoples, the Special

Rapporteur made specific recommendations regarding the UN Department of

PeacekeepingOperations,whichtheCHTCommissionendorses,asfollows:



a) ThattheDepartmentof PeacekeepingOperations

of

the

Secretariat

develop

amechanism to strictlymonitor and screen the human rights records of

national army personnel prior to allowing them to participate in

peacekeepingoperations,and

b) That the Department of Peacekeeping Operations prevent human rights

violators and alleged human rights violators within the security forces of

Bangladeshfromparticipating in internationalpeacekeepingactivitiesunder

theauspicesof theUnitedNations.

Wewere

very

pleased

to

learn

that

Your

Excellency

raised

the

issue

of

recognition

of

indigenous peoples in Bangladesh with Her Excellency, the Prime Minister of

Bangladesh Sheikh Hasina at ameeting with her on 23 September, 2011 at UN

Headquarters inNew York. Youmay be aware that the 15th amendment to the

NationalConstitutionof Bangladesh,passedby theParliamenton30th June2011,

fails to recognize the indigenous peoples of the country. The CHT Commission

stronglybelievesthattheestimated5060 indigenouspeoples livingintheCHTand

intherestof thecountryshouldberightfullyrecognizedas �indigenouspeoples� in

linewiththeUN�smodernunderstandingof theterm.

The

CHT

Commission

has

received

several

reports

throughout

the

previous

year

and

thepresentyearof allegationswhichindicatethattheindigenouspeoplesof theCHT

continuetosufferfrommarginalizationandabusebystate(armyandborderguards)

andnonstate(Bangalisettlers)actors.

We hope that Your Excellencywill raise the issue of implementation of the CHT

Accordwith the Awami Leagueled government and the culture of impunity that

prevailsintheCHT,wheremembersof thesecurityforcesareregularlyallegedtobe

involved inhuman rightsviolationsof indigenoushillpeoples,and these incidents

arerarely investigated.TheCHTCommissionfirmlybelievesthatsuchhumanrights

violationsof the indigenoushillpeoplewillcontinueand therewillbenopeace in

theCHTunlessthe1997CHTAccordisimplementedinfull.

TheUNDP intheChittagongHillTracts isplayingacommendablerole inpromoting

socioeconomic development in the region; butwewould urge them to adopt a

more robust approach to peace building by facilitating the development of a

roadmap to implement the 1997 CHT Peace Accord by the Government of

Bangladesh.



Weendorse

the

ratification

by

the

Government

of

Bangladesh

of

the

1957

ILO

Convention No. 107 on Indigenous and Tribal Populations Convention, but we

respectfullysuggestthatyouurgethemtoendorsetheUNDeclarationontheRights

of the Indigenous Peoples (UNDRIP) and to ratify ILO Convention No. 169 on

IndigenousandTribalPeoples.

The indigenous peoples of Bangladesh have faced discrimination and persecution

from themajorityBangalipopulationand from the state,and theycontinue tobe

treated as secondclass citizens as exemplified by the Government�s lack of

commitmenttoitsownpromisesregardingindigenouspeoples.

We hope that Your Excellency will raise the abovementioned issues with the

Government of Bangladesh and monitor the future performance of their

internationalobligationstoindigenouspeoples.TheUnitedNationsisthebesthope

fortherealizationof fundamentalhumanrightsandfreedomsof indigenouspeoples

acrosstheworldandwehopethattheserecommendationsfromtheChittagongHill

TractsCommissionwillreceivecarefulconsiderationfromYourExcellency.

On

behalf

of

the

CHT

Commission

EricAvebury SultanaKamal ElsaStamatopoulou

Cochairof the Cochairof the Cochairof the

CHTCommission CHTCommission CHTCommission

CHT Commission to UN Secretary General November 2011

Documents

Transcript of CHT Commission to UN Secretary General November 2011