On the 13th anniversary of the signing of the CHT Accord

-Mr. MANGAL KUMAR CHAKMA evaluates its partial implementation

In order to resolve the Chittagong Hill Tracts (CHT) problem through political and peaceful means, the CHT Accord, popularly known as CHT Peace Accord was signed between the Government of Bangladesh (GoB) and the Parbatya Chattagram Jana Samhati Samiti (PCJSS) on December 2, 1997. This Accord was achieved after a series of dialogues between the government and PCJSS. This Accord paves the way for re-introducing special government system in CHT.

It is mentionable that the CHT is a region inhabited by the indigenous Jumma peoples. During pre-colonial period, this region maintained its sovereignty under its own feudal kings. After inclusion of this region under the British Empire in 1860, the British government enacted the CHT Regulation of 1900 to preserve a separate administrative status for the Jumma peoples of this region. Later, the Pakistan government recognised the CHT Regulation of 1900 to be in effect under its 1956 constitution, preserving the status of the CHT as a region with a separate administrative system. The second Pakistani constitution of 1962 also used the term "tribal region" to recognise the CHT as a special region.

In 1964, when the Tribal Area status of the CHT was revoked in the Constitution of Pakistan, despite demands from the Jumma peoples, the special status of the region was not revived. Then in 1972, the demands of the late M N Larma for constitutional safeguards for the CHT and recognition of the identities of the indigenous peoples of the CHT fell on deaf years. Hence, PCJSS launched an armed struggle for right to self-determination since 1976 onwards when all democratic avenues failed to draw the attention of the government.

Though the armed struggle continued for about two and a half decades, the PCJSS always kept open the path for a political solution to the CHT issue by peaceful means. Consequently, formal negotiations started in 1985 with the government of General Ershad. Finally, the historic CHT Peace Accord was signed with the Awami League government led by Sheikh Hasina in 1997.

The CHT Accord had ended the decades-long fierce armed conflict between the Jumma people and the Government of Bangladesh. This Accord has laid down a basis upon which to bring forth people-oriented development in the CHT.

Though the then Awami League government signed the CHT Peace Accord, the regime as a whole showed a lack of seriousness in implementing the Accord. It nevertheless took several initiatives toward implementing it. Just after the signing of the Accord, some matters have been implemented, including the formulation of some of the related laws. This has created the practical basis for the implementation of the Accord. Formulation of the CHT Regional Council Act (CHTRC) and three Hill District Council Acts, establishment of the CHT Affairs Ministry, repatriation of the Jumma refugees from India are some of the matters that have been implemented.

In fact, though the Regional Council Act and the three Hill District Council Acts were enacted, they were never properly enforced, so the special administrative system with CHT Regional Council and three Hill District Councils (HDCs) could never be made effective. The CHTRC is expected to be the final authority with regards to development and administration in the CHT. In practice, due to lack of political support from the successive governments, the CHTRC has not been able to exercise its full authority over the CHT. Similarly, the HDCs have not been empowered yet by the government to exercise their full authority in their respective districts.

The temporary camps of the armed forces are yet to be closed down as per CHT Accord; rather, de facto military rule was imposed under the name of "Operation Uttoron". The Jumma refugees who returned from India and the internally displaced Jumma people were not rehabilitated, rather, Bengali settlers were included as internally displaced people and efforts were made to rehabilitate them in the CHT in violation of the Accord.

Though the Land Commission was formed, it was unable to resolve any land disputes and the Land Commission Act was passed with provisions that were contradictory to the Accord. In addition, present chairman of the Land Commission declared to conduct a land survey in violation of the provisions of the Accord and continues to adopt decisions without holding meetings with the members of the Commission.

The provision vesting the circle chiefs with exclusive powers to grant permanent resident certificates was not enforced; instead, the deputy commissioners were given the power to issue permanent resident certificates violating the CHT Accord. Land leases previously given to non-permanent residents were not cancelled and instead outsiders were given new leases in violation of the Accord. Voter lists for the CHT were not prepared only with permanent residents but included outsiders. The provision to provide employment to permanent residents of the CHT with priority for Jumma people in all forms of civil service in the CHT was also not followed. The above are some of the unimplemented provisions that particularly deserve attention.

It is a matter of great hope that the grand alliance led by the Awami League came to power in the general election held in December 2008. The Awami League had promised in its election manifesto that it would fully implement the CHT Accord. However, almost two years have passed and the present government is yet to take effective steps to implement the CHT Accord.

Hence, no basic changes have been achieved during the tenure of the present government. Rather, there has been hardly any positive development in the overall situation in the CHT. Expansion of settlements and forcible land grabbing by the Bengali settlers with the support of military and civil administration continue unabated in all the three districts of CHT.

As a result, though more than 13 years have passed after signing of the Accord, most of the provisions, especially the main issues of the Accord, such as preservation of tribal-inhabited characteristics of CHT region, effective enforcement of the three HDCs and CHT Regional Council Act, resolution of land disputes through Land Commission, rehabilitation of returnee Jumma refugees and internally displaced Jumma families, withdrawal of temporary camps of security forces and military administration, preparing voter list only with the permanent residents of CHT, rehabilitation of the Bengali settlers outside CHT, etc., have either been partially implemented or left unimplemented.

Many powerful influences are standing in the way of implementation of the CHT Accord. Of these, the most important is the government's lack of strong political commitment for implementation of the Accord. Since its signing, the successive governments showed little sincerity or goodwill in implementing the Accord.
Another obstacle to the CHT Accord implementation process is the anti-accord role played by the military forces deployed in the CHT as well as government employees at the level of the three hill districts as well as the sub-district level. They in general do not wish for the CHT Accord to be implemented. A form of military administration under the name of "Operation Uttoron" continues to this day in the CHT. Though some of the military officers deployed in the CHT do support the Accord, other powerful quarters can still be seen to be active in opposing it.

Yet another obstacle to implementation of the Accord is the presence of fundamentalist and extreme communalist organisations in CHT. These fundamentalist organisations have been assisting the Bengali settlers in carrying out communal attacks on Jumma peoples in order to prevent implementation of the Accord.

The role of the CHT Affairs Ministry (MOCHTA) has also not been positive with regard to implementation of the CHT Accord. The idiosyncratic mindset of the bureaucrats of the CHT Ministry deeply affected by a chauvinistic mentality is largely responsible for the total non-cooperation for implementation of the Accord. Almost all the officers and employees at the MoCHTA continue to be non-indigenous persons who have only superficial exposure and understanding of the complexities of the region.

Under the circumstances, chaos and confusion reign supreme in the region instead of peace and normalcy. It will not be possible to implement the CHT Accord fully and properly unless these obstacles are removed. Implementation of the CHT Accord is the only way to achieve a lasting political solution to the CHT issue.
In order to resolve the CHT problem through political and peaceful means and to establish the civil, political, economic, social and cultural rights of indigenous peoples of the region, the implementation of the CHT Peace Accord is key. Without proper and speedy implementation of the CHT Peace Accord, good governance and rule of law in the CHT will remain elusive.

Mangal Kumar Chakma is Publicity and Information Secretary of Parbatya Chattagram Jana Samhati Samiti

Women and climate change-Oxfam report

When natural disasters strike, they hit poor communities first and worst. And since women make up an estimated 70 percent of those living below the poverty line, they are most likely to bear the heaviest burdens.
Additionally, women are responsible for the majority of food production in many developing countries despite typically having restricted access to markets, land and credit. This lack of access means they face a double whammy: they are more dependent on the natural resources, that are under threat from climate change, but they are limited in what they can do to cope.
Women are also often left out of planning and management processes regarding global climate institutions and finance, even though they are at times in the best position to provide solutions.
COP decisions in Cancun can directly address these inequalities and engage women as critical agents of change.
State of play
-Key negotiating texts in the long-term cooperative action track (LCA) have retained references to women and gender equality in areas such as shared vision, adaptation, and technology transfer. These references were originally added to the text by countries in negotiating sessions leading up to COP 15 in Copenhagen.
-In other key negotiating texts particularly Finance there are no references to gender. It is critical to address this gap, especially taking gender into consideration in the policies and programs of a Global Climate Fund, including equal access to financing, and ensuring equitable gender representation on the board of that Fund.
Gender equality at Cancun and beyond
Gender equality is integral to meeting global goals on poverty eradication and sustainable development. A gender perspective should be explicitly included in any texts on climate change adaptation, mitigation, technology, and finance, recognizing gender-differentiated impacts, as well as women's and men's capacity to participate and act as agents for change in climate change solutions. Specifically, parties in Cancun must ensure that:
-Language in key sections of the LCA text are retained pertaining to shared vision, adaptation, capacity building, and development and transfer of technologies. These references recognize the differentiated impacts of climate change on vulnerable populations, groups and communities, prioritize the most vulnerable in channelling resources, and promote the active participation of women in decision-making, planning, implementation and evaluation measures.
-A Global Climate Fund must be established that reflects principles of gender equality at all levels. The Fund should have equality of gender representation on its Board and should ensure accessibility of its financing to women and other marginalised groups. Resources from the climate finance mechanism need to be delivered in a way that is accessible and driven by the engagement of developing country governments and citizens, particularly women. Such a Fund should have separate windows or sub-funds for adaptation and mitigation. In addition, the Global Climate Fund should specifically provide for:
i)full participation of affected communities and populations, including women, in the design and implementation of programs and activities, and mechanisms to ensure accountability to these populations; and
-ii)take gender into account in all policies and programs, including ensuring equal access to financing.
-Developed countries must follow-through on the delivery of fast-start and long-term finance to developing countries to support adaptation and mitigation actions in developing countries. All of the finance delivered for adaptation needs must come from public sources in the form of grants to ensure that resources are available to and effectively directed toward women and other marginalized communities.
Contacts: www.oxfam.org
Key reasons why gender equality must be incorporated into a global climate agreement
-Women are often the linchpins of communities, families, and local economies. They are the key providers for the household, and raise the children, care for the old and the sick. As a result, they are on the front lines of the devastating effects of climate change, and largely define the community's ability to adapt or recover from a disaster.
-Women produce up to 60 to 80 percent of the food in most developing countries. They regularly do the jobs, such as cultivating crops, and collecting water and fuel, which are most affected by climate change. Women's entrepreneurship in agriculture could make significant contributions to both climate adaptation.
-Women are disproportionately represented among the poor, making up roughly 70% of those living below the poverty line. They often have less access to resources and essential services before and after disaster strikes, and are more likely to die during natural disasters than men.• Women often struggle to get their voices heard in the climate debate. Given their central role in the family and community, women have invaluable knowledge about creating and implementing innovative ways to adapt to a changing climate, yet their opinions and experience are all too often overlooked.
-Other international agreements specifically address gender. Of the legally binding agreements that resulted from the 1992 Earth Summit, the UNFCCC is the only convention not to incorporate gender issues. The Convention on Biological Diversity has incorporated a gender plan of action that recognizes women's traditional knowledge and access to land assets

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