ON December 16, Bijoy Dibosh, the victory of justice over injustice, I learnt about the murder of Umraching Marma (Chabi), a class-VIII student. Her throat was slit on December 15, allegedly by two Bengali settlers, Mohammad Nizam Uddin (aged 19/20) andMasud Rana (aged 19) from the village of Kaptai in the CHT. She had been working on her family's jum farm, collecting vegetables. The accused confessed that she was murdered when she resisted rape.

Is murder of minors like Umraching unusual in the CHT?

A 2013 submission on CHT Jumma indigenous rural women, under Article 14 of CEDAW, notes that a high number of indigenous women have been sexually assaulted, raped, and murdered by non-indigenous men during daily activities, such as going to and from work on farms, tending cattle, collecting food and firewood from the forest, fetching water, and going to school, markets and temples. It stressed that sexual violence against Jumma women by settlers has intensified with the increased mobility of settlers in the post-Accord CHT. Indigenous women of all ages are losing their freedom of movement in the CHT. Kapaeeng Foundation documented that in the last 7 years, till April 2014, 96% of the alleged perpetration of violence against indigenous women in the CHT were committed by Bengali settlers and 4% by law enforcement officers. It argued that while sexual violence against CHT women was used initially as a 'weapon of war,' it was later used for land grabbing (Sexual Violence against Indigenous Women, The Daily Star, May 4, 2014).

Police work on the Umraching murder case has been exemplary. The victim's father was able to file a case with the local police station. The police took immediate action to arrest the men and bring them before the court. However, earlier this year, the alleged rape and murder of 30 year old mother of two, Sabita Chakma, received different treatment. Police initially refused to file the case. Amnesty International pointed out that in the Sabita murder case “the local police superintendent, when reporting that no arrests had been made, stated that 'the upazila parishad election was our first priority. Arresting someone could have raised Bangalee-Pahari tensions. So, we are taking our time.”' Amnesty International added that “in cases where indigenous women report rape by Bengali settlers, doctors are pressured by the authorities to report no evidence of rape in their medical reports, arguing that a finding of rape would contribute to tensions between Indigenous Peoples and Bengalis.” (Livewire: Amnesty's global human rights blog, June 24, 2014).  The well-known 1996 Kalpana Chakma abduction case still awaits effective police action.

The Women and Children Repression Prevention Tribunals have all but been ineffective since they came to the CHT in 2009. A 2014 CHT Commission report recorded a total of 215 cases of violence against women from January 2010 to December 2011. Of these, 166 cases were served with charge sheets, and only nine of these cases were tried, with no convictions. Human rights organisations speculate that absolute impunity enjoyed by perpetrators remains the major reason for continuation of sexual violence against indigenous women in the CHT.

The Umraching murder was not the only news on Bijoy Dibosh. A national Bangla daily revealed that on that day there were arson attacks on indigenous peoples of the CHT at Bogachari, in Rangamati, allegedly by 'some miscreants.'  

Reports stated that at least 50 homes and seven shops owned by indigenous people in 3 villages were torched, allegedly by Bengali settlers in the presence of some military personnel. The arson attackers also vandalised Karuna Kutir, a Buddhist temple, physically abused monks, and looted seven bronze Buddha statues. Police suggested that the arson attack was retaliation by settlers in response to the destruction of part of Asfar Ali's pineapple and teak plantation by indigenous persons. Reports further revealed that Asfar Ali had previously grabbed the land from Padma Ranjan Chakma.

Grabbing of land belonging to indigenous peoples by Bengali settlers, powerful Bengalis and organisations, often using terror and deceit, has been practiced in the CHT since the late 1970s.  Asfar Ali's apparent land grabbing again brings sharp attention to the government's failure to establish a just and functioning Land Commission, which is an important provision of the 1997 CHT Accord. The Bogachari arson poignantly shows how full implementation of the CHT Accord is necessary for a just Bangladesh.

Harm was done to the people of Bogachari. There has been no judicial investigation. An 11 member probe committee has been set up to inquire about the arson. Such committees should not replace proper legal procedures. It is the responsibility of the government and its institutions to ensure that the law is followed. Those who destroyed the plantations, those who took the law into their own hands by torching 3 villages, vandalising and looting the Karuna Kutir temple, and those involved in land grabbing must be brought to justice.  Those charged with maintaining law and order, but instead thwart it, must also be brought to justice.

In the days after Bijoy Dibosh, we learnt that the arson victims' families, including babies and the elderly, are homeless in December's harsh winter. However, they demand nothing but safety and security from the state. They refused to accept relief in the form of food grain, metal roofing sheets and cash assistance offered by the government on December 18. Only when Mostafa Kamal, the Rangamati Deputy Commissioner, made assurances of security, did the victims accept the metal roofing sheets. It is imperative that all victims of Bogachari be justly compensated.

Is it possible to ensure safety and security for indigenous peoples in the CHT?

It may appear difficult. But I am confident that all Bangladeshis, whether Bengali or non-Bengali, have the capacity to distinguish right from wrong. They have the capacity to respect justice, to respect humanity, and to stand by the oppressed.

Bijoy Dibosh is significant in marking an end to the injustices of 24 years of cultural, economic, racial and religious oppression suffered by the people of Bangladesh under Pakistan. While the spirit of Bijoy Dibosh, which represents victory over injustice, is weakened by incidents like the Bogachari arson and the murder of Umraching, the police's dutiful work in bringing Umraching's murderers to justice is making a difference.  

Perhaps the spirit of Bijoy Dibosh can rekindle the hearts of millions of Bangladeshis to do what is honourable. We can only hope that the spirit will prove to be indomitable, and help bring safety and security to indigenous peoples in the CHT.

The writer is an architect and researcher. She is a Human Rights Coordinator of the CHT Indigenous Jumma Association Australia (CHTIJAA) and an Executive member of the International Council for the Indigenous Peoples of CHT (ICIP-CHT).