The Chittagong Hill Tracts Accord Implementation in Bangladesh: Ideals and Realities

1. The Chittagong Hill Tracts Accord Implementation in Bangladesh: Ideals and Realities Nusrat Jahan Chowdhury Associate Professor Dept. of Public Administration Rajshahi University, Bangladesh.

2. Map of Bangladesh

4. A Brief Introduction on CHT • Chittagong Hill tracts forms the East-Southeastern flank of Bangladesh. • Culturally distinctive indigenous communities lives in CHT. • The groups are distinctive from Bangladeshi mainstream in every way possible-culture, lifestyle, economy, history and within themselves.

5. The CHT Accord The CHT Peace Accord signed between PCJSS (Parbartya Chattagram Jana Shangati Samati) and GoB on 2 December 1997. PCJSS had been fighting for the autonomy of CHT since mid 1977. In response to the demand for Political and economic autonomy Regional Council (RC) was constituted through devolution of authority.

6. A brief History of Conflict • CHT afforded special autonomy during British period but during Pakistan regime special autonomy was denied • Economic development programmes were implemented that caused displacement and miseries of tribal people. • After inception of Bangladesh, the demand for autonomy and constitutional recognition of CHT as tribal inherited region was rejected. • PCJSS and its armed wing SB was formed to wage arm struggle against GoB

7. The govt. adopted four pronged approach, i.e. development, demographic, security and political to solve the problem. • Govt. as a counter insurgency strategy in-migrated Bengalis and Militarize CHT in 80s. • More than 8500 rebels, soldiers and civilians were killed. • 50,000 Chakmas fled to Indian state of Tripura

8. Formulation of the Accord • The protracted negotiation scheme started during the period of Zia ur Rahman in 80s. • Factors responsible for the peace process, In the international arena: →International donor’s pressure on the government by 80s → End of Cold war by the 90s that brought qualitative changes in international politics.

9. In the national arena: » Ousted of military government and establishment of parliamentary democracy, » realization of the government that CHT problem required political solution and » lastly formation of the government by AL, in 1996 with an election pledge of resolving the CHT problem.

10. Formation and Function of RC • Chairman and the Members of the Council – elected by the elected Members of the Hill District Councils by indirect mode for 5 (five) years. • The Council Composition: » Chairman- 1 » Member-Tribal 14 (male-12, female- 2) Non-tribal 7 (male -6, female- 1) • RC is responsible to coordinate and supervise » the general administration, » law and order and development activities of three HDCs » administration of tribal law and the dispensation of social justice

11. The RC Act was effective from 25th May 1998. • An interim RC was formed on September 6, 1998 and council was installed in Rangamati on May 27, 1999. • Problems of RC ∞ Rules determining the relationship of RC with other organizations not yet framed ∞ Problems in communicating and coordinating ∞ Only 19 out of 33Dept. has been transferred ∞ Problems in maintaining law and order ∞Govt. is actually controlling CHT through MOCHTA, HDCs, Civil and Military administration

12. State of Implementation • The RC act deviated from the accord in many instances. • The MOCHTA was created with executive authority instead of RC. • Government acquired land in CHT without consulting RC. • Still now there is no Election of the HDCs as well as the RC. • An interim RC is functioning in CHT.

13. Policy Implementation • The process whereby programmes or policies are carried out; it denotes the translation of plans into practice”. • Different Factors affect implementation, such as, » availability of sufficient resources » structure of the inter-governmental relations, » commitment of lower level officials » reporting mechanisms with in the bureaucracy • In developing countries implementation are affected by its policy contents and policy context.

14. Analysis of the Findings • The legal-institutional factors: Partial diagnosis and inappropriate design? ᄇ Lack of clarity about the actual authority of RC ᄇ Accord and Act contradict in many instances. ᄇ Confusion about RC’s position in Local govt. set up ᄇ A completely new institution requires mundane change in established administrative setup and practices. ᄇ Lack of experience and expertise to operationalize RC with precise set of rules and regulation ᄇ High degree of ambiguities and complexity in communication.

15. The Political –Administrative factors: Politics of peace • Awami League AL (1996-2001) » did not implement the accord, rather deviated » denied the executive authority to RC » Intention was to politicize CHT and domination of AL » RC was only constituted to deactivate the PCJSS and support India. » Nominated Chairmen of HDCs and members of RC on political consideration. • Bangladesh Nationalist Party BNP(2001-2006) » Against the accord while in opposition » Lack of trust on Tribal leadership » Continued the process of in-migration of Bengali settlers » The subjects i.e. land, police , civil administration etc not transferred to RC » Election of the HDCs not conducted.

16. Lack of support of Administrators. The reasons are , »Bureaucrats (DC) will be subject to the consent and supervision of RC » Parallel system of administration in a country »Ministries of the transferred depts. will have no power and authority over their personnel and functions. » Overlapping and complexities increases . » Ruin centralization

17. Environmental factors: shattered lives, shattered dreams » Organizational conflict between PCJSS and UPDF (United People’s Democratic Front). The Reasons are: ≠No constitutional guarantee of the accord ≠ Autonomy not achieved ≠ Benefited the govt. only ≠ Rights of tribal not ensured » Domination of Chakma tribe in the RC , depriving other smaller tribe. ≠ Composition of RC : Tribal Male members-12 (Chakma -5,Marma -3, Tripura -2, Mrung-1 and Tanchangya-1), Female Members -2 (Chakma-1 and From any other tribe-1) .

18. » Distrust and lack of confidence between Bengali –tribals • Past atrocities committed by Bengali tribal • Bengali demand for equal representation in RC and others. • Fundamental Rights of Bengali denied. »Elites, against the accord: ᄇ Military • Institutional interest hampered i.e. Budget, Development aid etc. • Domination in overall administration of CHT reduced • Patronize different anti accord organizations to create communal tension ᄇ Local Political • Political Domination will be reduced as PCJSS emerged as strong political group • Support Bengali settlers influx, use them as vote bank and support their demand for equal rights.

19. Conclusion • High degree of complexity and ambiguity in the objectives of the accord, • Contradict with conventional Local government set-up and lack of experience and expertise to make RC operationalize. • Lack of willingness and commitment of the government along with opposition from different group of elites affects the implementation who exploits the relation of Bengali-tribal. • Also conflict between tribal organizations , domination of Chakma tribe , sense of deprivation among other smaller groups creating communal tension .

20. Thank You.