A/55/280/Add.2
members must be elected from among the indigenous
population of the Chittagong Hill Tracts (with each
community being allocated a certain quota), and onethird from among the region’s non-indigenous
population. The President of the Council must be a
member of the indigenous population, and holds the
rank of Minister of State. The Council must have
powers of supervision and coordination in areas such
as law and order, general administration, traditional
law and social justice, as well as development
activities. A land Commission must also facilitate
regulation of land-related conflicts — especially those
related to the restoration of property stolen from the
indigenous population. The Accord also provides for
the granting of an amnesty to members of the Shanti
Bahini and the PCJSS; for the rehabilitation of
indigenous refugees and displaced persons (especially
through the Land Commission); for withdrawal from
temporary military camps and village defence camps;
and for the creation of a Ministry for the Chittagong
Hill Tracts, assisted by a consultative committee
(comprising the Minister of the Chittagong Hill Tracts,
the President/representative of the Regional Council
and each district council, three members of parliament
for the Chittagong Hill Tracts, three leaders of
indigenous communities, and three non-indigenous
members who are permanent residents of the
Chittagong Hill Tracts).
71. With respect to implementation of the Accord, all
indigenous community representatives consulted by the
Special Rapporteur lamented the obstacle, and the
delays that had been built up. Doubts had even been
expressed as to whether the Government genuinely
desired to make the Accord succeed. Of primary
concern in this context was the fact that the
Government had not transferred to the Regional
Council the majority of the powers provided for under
the Accord, thus rendering the Council inoperative. As
a result, the Government continued to administer the
Chittagong Hill Tracts directly (through its local
representatives, the Deputy Commissioner and the
army). Mention was also made of the delay in the
setting up of the Land Commission (two and a half
years) and in the return of land; the fact that a large
part of the military presence had been maintained; and
the fact that rehabilitation of displaced persons and
refugees was still incomplete. It was further noted that
Bengalis continued to be settled in the Chittagong Hill
Tracts. Although this process had not been planned by
the Government, it did benefit from assistance
18
provided by local authorities (distribution of food
rations and allocation of housing) and Muslim
extremists. Because of the lack of arable land in the
Chittagong Hill Tracts, it was stated that apart from the
Bengalis who were settled during the British period,
and the few Bengalis who had settled legally, the rest
of the Bengali population should return their land to
the indigenous population and be resettled outside the
region. It was explained that this was a precondition
for any reconciliation between the authorities and the
Bengalis, because the land was key to the survival and
identity of the indigenous peoples in the region, and
the essential and fundamental means for guaranteeing
their survival and identity.
72. Apart from the issue of the implementation of the
Peace Accord, with respect to the situation of
indigenous peoples in the field of freedom of religion,
most of those consulted said that they had been able to
practise their religious activities freely since the end of
the armed conflict. It was also mentioned that the army
had stopped destroying indigenous places of worship.
However, many representatives of the indigenous
community described how they had been traumatized
by the incident of 16 October 1999. Following an
altercation between indigenous people of the Jumma
tribe, which had arisen after a Bengali soldier had
molested a Jumma woman, the army — assisted by
around 150 Bengali civilians — attacked the Jumma of
Babu Chara Bazar at Dighinala Thana/Khagrachari,
leading to the deaths of three members of the
indigenous population. The assailants also proceeded
to sack the Buddhist temple of Benuban, attacked
monks, and damaged statues of the Buddha. Even
though a commission of enquiry had been set up, and
some victims compensated, this particular incident had
created a genuine feeling of insecurity among lay and
religious members of the indigenous community in the
Chittagong Hill Tracts, who were faced with an army
and a police force consisting entirely of Muslim
Bengalis. Those consulted also explained that their
communities were subject to covert pressure from
Islamic non-governmental organizations, and even
Muslim extremist groups seeking to convert them to
Islam, notably in return for services or money. Certain
representatives interpreted the financial assistance
provided by the State for the construction of new
madrasahs and mosques as a discriminatory policy
favouring Islam, since, in contrast, indigenous religious
institutions received meagre public subsidies.