A/55/280/Add.2
They stressed the insecurity felt by Hindus, due partly
to the Vested Property Act, which was used for the
illegal appropriation of their land, especially by Mafialike groups enjoying political protection. They also
described the vulnerability of the Hindu community,
which suffered the condemnation of crowds incited by
Muslim extremists during certain international events
(for example, temples were destroyed, Hindus
murdered and Hindu women raped following the
destruction of the mosque at Ayodhya, India, in 1992).
They also noted the insecurity felt by Hindu women,
who were often victims of harassment and rape carried
out by criminal elements of society, without the police
properly exercising their functions of protection and
suppression. They said that that all these various
offences had driven Hindus from Bangladesh (they
noted that, according to the 1991 census, the number of
Hindus had declined by 0.3 per cent since 1974). They
called for State assistance in the restoration of temples
that, in their view, constituted part of the nation’s
heritage. The temples in question were those at
Chandranath, Langal bandh, Mahaprabhu, Dacca
Dashkia, Para Tirtha, and Adwaita Prabhu. Lastly, they
called for an end to discrimination against Hindus with
respect to public-sector jobs and positions of
responsibility, including army and police jobs.
C. Religious situation of the ethnic
communities of the Chittagong
Hill Tracts
68. The Special Rapporteur would like to point out
that the Constitution does not formally recognize
ethnic communities as ethnic minorities or indigenous
populations. However, in her 1999 speech to the Hague
Appeal for Peace Conference, she referred specifically
to the question of the Chittagong Hill Tracts and to the
right of an indigenous people — an ethnic, religious,
cultural, linguistic and social minority — to preserve
their own identity, culture, tradition and values. The
Special Rapporteur’s consultations with the authorities
and with representatives of ethnic communities focused
on the status of indigenous populations in the
Chittagong Hill Tracts — especially their religious
status. Analysis of this highly complex question is
necessary for the reasons cited above, in the extract
from the Prime Minister’s speech: the issue is the
preservation of the identity of the indigenous peoples
of the Chittagong Hill Tracts. That identity is
multifaceted — mainly ethnic in nature, but also
religious. Thus, in order to analyze the situation of the
ethnic communities of the Chittagong Hill Tracts, we
should look briefly at the origins of the conflict that
has characterized this region; at the Peace Accord of
1997; and at the implementation of that Accord.
69. As far as the origin of the conflict is concerned,
non-governmental
sources
(particularly
ethnic
communities)
noted
that
under
the
British
administration, the Chittagong Hill Tracts had enjoyed
a special autonomous status under which the sale or
transfer of land to non-indigenous populations was
prohibited. After Pakistan gained independence in
1947, the region lost that special status, particularly as
a result of a constitutional amendment introduced in
1963. The Government authorized and encouraged the
settling of non-indigenous populations in the
Chittagong Hill Tracts, as well as the transfer of land
ownership and other resources to non-indigenous
populations. The Government also decided to exploit
the hydroelectric potential of the Chittagong Hill
Tracts, with the construction of the Kaptai Dam
between 1957 and 1963. As a result of this project, a
substantial portion of the region’s agricultural land
(most of which belonged to the Chakma) disappeared,
and around 100,000 indigenous people were displaced.
Non-governmental sources said that because project
rehabilitation measures were inadequate, some 40,000
indigenous people migrated to India at that time. This
policy was pursued after Bangladesh gained
independence, despite the demands made in 1972 by
indigenous people for the restoration of the Chittagong
Hill Tracts’ special status. From that point onward,
land-related conflicts between the indigenous people
and the newly arrived Bengalis (virtually all of whom
were Muslim, unlike the indigenous population, which
was largely non-Muslim) represented a source of
conflict with the Government. The military solution
chosen by the Government led to violence, especially
after 1980, between the armed forces, associated with
the new Bengali population, and the indigenous people,
especially the organization Chattagram Jana Samhati
Samiti (PCJSS) and its armed division, Shanti Bahini.
The various attempts made by the Bangladeshi
Government to resolve the conflict ultimately led to the
Peace Accord of 2 December 1997.
70. The Accord provides for the setting up of a
Regional Council for the Chittagong Hill Tracts. This
Council must be composed of “Local Government
Councils of the Three Hill Districts.” Two-thirds of its
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