Land grabbing continues in CHTs

Reports by Human Rights Hill Watch

Reports on land grabbing in Kobakhali, Baro Merung, Choto Merung and Rengkarjya Mouzas under Dighinala Upazilla in Khagrachari district

In the second week of February 2008, a team of the Hill Watch Human Rights Forum visited Kobakhali Mouza, Baro Merung Mouza, Choto Merung Mouza and Rengkarjya Mouza under Dighinala Upazila in Khagrachari district to verify the allegations of land grabbing. The team spoke to the victims, eyewitnesses and village elders, and went to the sites where land grabbing took place. It saw many newly-built settler houses on the lands of the Jumma people.

There is no doubt that land grabbing is rather widespread and systematic in the area. The military is directly involved in the whole process: it assists and incites the settlers to grab the Jumma people's lands and provide protection to them. On the other hand, the Jumma people cannot protest because of fear of torture, false cases and jail. From the interviews and the pattern of land grabbing, it is quite clear that the settlers could not have captured the lands if there had been no support from the military.

Synopsis of the findings:

A) Kobakhali Mouza No. 53
According to Dipankar Chakma, Headman of Kobakhali Mouza, an estimated 300 acres of land have been illegally occupied by the settlers since the declaration of the state of emergency on 11 January 2007. Of these lands, 4.6 acres belong to Tarun Tapan Dewan and 1.28 acres to Nilamomy Dewan in Raishya Muni Para. Till February 25, 2008, the settlers built 12 houses on their lands. More houses were under construction.

The settlers also illegally occupied lands belonging to Punnyo Charan Chakma's (70) two sons Phora Chakma and Gogol Kanti Chakma, Probin Chakma (40) s/o Moti Kumar Chakma, Ananda Moy Chakma (30) s/o Chitro Chakma, Mongol Kumar Chakma (35) s/o Sundor Kumar Chakma and Doya Moy Chakma.


B) Baro Merung Mouza No. 30
At least 24.5 acres of land have been grabbed in Baro Merung Mouza between first week of November 2007 and February 2008. During the time of the HWHRF visit, the settlers were making attempts to grab more lands from Ananda Chakma, Teizya Chakma, Kamal Bikash Chakma, Binoy Chakma s/o Krishna Pratap Chakma, Sumoti Ranjan Chakma /so Surjo Mohan Chakma, Nihar Bindu Chakma s/o unknown, Joto Joti Chakma s/o Karunamoy Chakma, Koboj Chandra Chakma s/o Krishna Pratap Chakma, Shukra Charjo Chakma, Punnyo Mohan Chakma (62) s/o late Gulokana Chakma (2 acres), Mano Ranjan Chakma (35) s/o late Ashwini Kumar Chakma (3 acres), Ramani Kumar Chakma (70) s/o late Balaram Chakma (4 acres), Krishna Ranjan Chakma (37) s/o Chitra Kumar Chakma (2 acres).


C) Choto Merung Mouza No. 29
Land grabbing have been taking place in Bajey Chara area under Choto Merung Mouza since January 2008. Settlers led by Abul Hossain (60) from Moddyo Betchari have grabbed 15 acres from five Jummas. On 16 February 2008, Shushil Jibon Chakma, Headman of Choto Merung Mouza, submitted a memorandum to Raja Debashish Roy, Special Aide to the Chief Adviser in charge of Chittagong Hill Tracts Ministry. But that could not prevent settlers from forcibly occupying Jumma people's land.


D) Reng Karjya Mouza No. 28
The settlers have occupied 41 acres of land (8 acres first class arable land and 33 acres third class hilly land) in three villages of Chongrachari area such as Joyonto Kumar Para, Indra Kumar Para and Kanchan Banchi Para. The settlers have already built houses and settled down.

Detailed information

A. Kobakhali Mouza, Kobakhali Union, Dighinala

1. Tarun Tapan Dewan's 4.6 acres of land grabbed
In the month of September 2007, the illegal settlers led by Habib Leader (70) from Pablakhali cluster village grabbed 4.6 acres of land belonging to Tarun Tapan Dewan (50) s/o Shanti Moy Dewan in the village of Rohishyamuni Para. Of these lands, 4 acres belong to third class category and the rest .60 acre falls into second class category of land.

The settlers have erected six huts on the grabbed land. At the time of writing this report on 25 February, it has been learnt that the settlers are making more houses.

When protested, Habib Leader threatened Mrs. Gitanjoli Chakma, wife of the land owner, saying: "We will destroy all of your orchards and get the police to put you to jail." About two weeks earlier, a written complaint was lodged with the UNO against the grabbing of his land. Hearings are scheduled 25 February at his office for.

Mr. Tarun Tapan Dewan owned this piece of land by virtue of settlement grant. His settlement case number is 520/84-85. On the said land, he has teak trees planted in 1976 and jackfruit and mango trees planted in 1968. Previously, he had built his homestead there, but afterwards he settled down in low land for it was advantageous for plough cultivation.

2. Nilamoy Dewan's 1.28 acres of land grabbed
In the month of September 2007, the illegal settlers led by Habib Leader (70) from Pablakhali cluster village grabbed 1.28 acres out of 6 acres of second class category land belonging to Nilamoy Dewan (80) s/o Ananda Mohan Dewan. The settlers have already built 6 huts on his land and more houses are under construction.

The settlement of the said piece of land was granted in the year 1965, the Khatian number of which is R-4. The owner has grown mango, jackfruit and coconut trees on the land. The caretaker of his land is Tarun Tapan Dewan.

3. More people's land grabbed
Some other persons whose lands have also been taken away in Kobakhali are Punnyo Charan Chakma's (70) two sons Phora Chakma and Gogol Shanti Chakma, Prabin Chakma (40) s/o Moti Kumar Chakma, Ananda Moy Chakma (30) s/o Chitra Chakma, Mongol Kumar Chakma (35) s/o Sundor Kumar Chakma and Doya Moy Chakma.

Dipankar Chakma, Headman of Kobakhali Mouza No. 53, said an estimated 300 acres of land in plot No. 888 lying contiguous to the camp have been occupied by the settlers. The process of illegal land grabbing continues.

B. Baro Merung Mouza No. 30, Merung Union, Dighinala

1. Roy Bahadur Chakma's 2 acres grabbed
In the first week of November 2007, Saidul, Rafiq and Momin from Jamtoli Para forcibly occupied 2 acres of third class land belonging to Roy Bahadur Chakma (30) of village Bhoirafa. The land, under Khatian No. R-33, is registered in the name of his father Lonkeshwar Chakma.

The settlers have built houses on this land and settled down. There was resistance at the time of illegal grab, but the settlers occupied the land hoisting black and red flags. The army personnel provided support to them.

The owner has different kinds of fruit trees grown on the said land including plum and blackberry. In 1986, Roy Bahadur and his family were compelled to flee to India for fear of military raids. After spending 12 years as refugees in India, they ultimately returned to their village in 1997 only to find that nothing was left. Plot to grab their land continued. As part of this plot, in November last year the settlers filed murder and rape cases with Dighinala police station against them. But the fact of the matter is that the settlers quarreled among themselves, and filed the case groundlessly against 8 - 9 Jummas including the owner of the land (Roy Bahadur Chakma). To avoid arrest they had to live in hiding for 2 - 3 months. Army and police personnel searched for them.

He has 5 kanis of land (2 acres) in another plot near the hill. But he cannot till this land. He cannot go to his land for fear of the settlers. Therefore he has to lease out the land to a sharecropper (settler).

He appealed to five chairmen for the restoration of his land, but received no justice. On the other hand, since he had to live in hiding, he could not file a law suit in a regular court.

At the time of illegal grab, the army personnel created a fear psychosis among the Jummas by searching for the accused. This compelled the owner of the land to go into hiding, and taking this advantage the settlers occupied his land. The settlers are now enjoying the fruit orchard and trees grown by Roy Bahadur Chakma.

2. Borpeda Chakma's 2 acres of land occupied
In the first week of November 2007, two settlers from Jamtoli - Saidul Islam and Ashadul Islam - forcibly occupied 2 acres of third class land belonging to Borpeda Chakma (35) s/o Din Kumar Chakma of Bhoirafa village. The Khatian No. of the land plot is R-34.

There were protests at the time of illegal grab, but to no avail. There are many kinds of fruits and other trees including mango, jackfruit and teak grown by him.

Borpeda Chakma's family became refugees in India in 1986 and came back in 1997. His family holds the Ration Card No. 0590.

On 11 February 2008, Din Mohan Chakma, Borpeda Chakma's father, lodged a complaint with the Dighinala Nirbarhi Officer against the illegal grab. In the complaint, he stated: "On the morning of 7 February 2008, Thursday, the people mentioned on the margin (of the complaint) along with a group of 10 - 15 persons of their community encroached upon my orchard and cut and then took away teak and other trees. I raised objection against such unlawful action, but they paid little heed to it. They are claiming that the orchard and the land belong to them. I apprised the local chairman of the matter, but to no avail.

"Therefore, I do hereby appeal to you to issue injunction until a judgment is delivered after an on-the-spot inquiry by the authority concerned to determine the veracity of their claim."

Acting on his appeal, the Upazila Nirbahi Officer issued a notice on 13 February and fixed 10 March 2008 for hearing. The notice further stated: "It is to be mentioned that the second party (to the case, ie, the settlers) must refrain from cutting trees until further order."

But despite injunction, the settlers continue to occupy the land and cut the trees.

It has been learnt that back in 2005 the settlers had made another attempt to grab this piece of land of Borpeda Chakma. At that time the settlers built houses on that land. But the administration dismantled the houses in the face of huge protests.

3. Attempt to grab Ananda Chakma's 5 acres and Teijya Chakma's 2 acres through forged documents

A settler woman named Chaleha Khatun from Jamtoli has been making attempts to grab five acres of third class land belonging to Ananda Chakma (40) s/o Mano Ranjan Chakma, a resident of Bhoirafa (Nuopara). [The name Jamtoli is given by the settlers who formed this village after grabbing Jumma's land. Actually, the land where Jamtoli village stands today is part of greater Bhoirafa or Nuopara.] He inherited this land from his grandfather Sundojjya Chakma. The Khatian No. / Holding No. of this plot of land is 46 and the year settlement was granted is 1960 - 61. Boundary marks: to the north: Nishi Kanta Chakma; to the south: Rubber plantation (of Purno Moni); to the east: Kalaketu hill; to the west: plough land of Bogo. Ananda Chakma grew jackfruit, teak, gamari, mango, litchi and banana plantation on his land.

In order to occupy this piece of land belonging to Ananda Chakma, one Abdur Rahman obtained forged documents. Now he is dead. But his wife Chaleha Khatun masquerading as his inheritor filed a civil suit in the court of Khagrachari district Judge against Ananda Chakma. The case No. is 241/2007. The Deputy Commissioner, Mohammad Shahadat Hossain, who is the ex-officio civil judge, in an order signed on 10 January 2008 stated: "Let the copies of the appeal be sent to the defendants, and ask them to submit written statement. Next date (for hearing) 09/03.08, statement of the defendants."

An on-the-spot inquiry revealed that Ananda Chakma has grown different kinds of fruits and forest trees on the said land and that the boundary marks stated in the forged documents of Chaleha Khatun are at variance with that of his. This proves that the motive of filing the law suit is to grab his land with the help of forged documents.

In the petition Mrs. Chaleha Khatun's lawyer stated: "The petitioner's (Mrs. Khatun) husband was among the settlers who were rehabilitated with five acres of land by late president Ziaur Rahman." She prayed for injunction under clause 1/2 of the order No. 39 of the Civil Procedure Code.

Ananda Chakma said in the first week of November last year a group of about 30 - 40 settlers, armed with dao and axes, went to occupy that land. But in the face of organised resistance from the villagers, they had to retreat.

Teijya Chakma's 2 acres
Mrs. Chaleha Khatun has also been making attempt to capture 2 acres of land belonging to Teijya Chakma (40) s/o Borchoga Chakma. His land lies contiguous to Ananda Chakma. Teijya Chakma also hails from Bhoirafa. There are different species of trees on his land grown by him.

Mrs. Chaleha Khatun in her petition referred to him as co-defendant in addition to Ananda Chakma. This means that she filed the law suit claiming the ownership of 5 acres of land belonging to Ananda Chakma and 2 acres of land belonging to Teijya Chakma.

4. Surjo Sen Chakma's 4 acres of land grabbed in Choto Betchari
In July 2007, the illegal settlers occupied 4 acres of registered land belonging to Surjo Sen Chakma (70) of Porabari village in Betchari area. Afterwards, on the 19th day of Srabon (Bangla calendar, July-August) they built houses on the grabbed land.

The army personnel provided support to the settlers. Three settler families illegally settled down on his land. There is an Ansar post within 50 yards of the said land while Betchari Army Sub-zone lies within 70-80.

The settlers said a total of 25 settler families will be re-settled in Choto Betchari area. There is government permission in this regard.

5. Attempt at grabbing 5.2 acres of land belonging to Ananda Mohan Chakma in Choto Betchari
In June - July 2007, settlers led by Tara Mian (40) of Rafique Nogor made several attempts to grab 1.20 acres of first class land and 4 acres of third class land belonging to Ananda Mohan Chakma (63) s/o Doya Mohan Chakma of village Ghulchari in Choto Betchari area.

The settlers made the attempts in an organised way. However, Ananda Chakma resisted every attempt. In one of such attempts, about 30 - 35 settlers came to his land to cut shrubs. A little later, a group of army personnel from Betchari sub-zone reached there to provide protection to the settlers. The owner of the land went up to the soldiers and said: "This land belongs to us. We don't have any other land besides this. We cannot leave this land." The settlers kept on cutting shrubs as long as the army personnel stayed there. When the army personnel left, the settlers too stopped the work and left.

6. Attempt at grabbing 1.48 acres of land belonging to Kamal Bikash Chakma in Choto Betchari
In June - July 2007, settlers made attempts to capture 1.48 acres of first class land belonging to Kamal Bikash Chakma (24) s/o late Joyonta Kumar Chakma of village Ghulchari in Choto Betchari area. The holding number of his land is R - 60. He had bought this piece of land from Kodeya Chakma (now diseased) in 1980. After rigorous protests, further attempts have been staved off for the time being. The attempts to grab his land and that of Ananda Chakma mentioned earlier were made at the same time.

7. Attempt at grabbing 12 acres of land belonging to 5 persons in Choto Betchari
On 14 and 15 February 2008, the settlers attempted to grab 12 acres of land belonging to five individual Jummas in Noapara of Choto Betchari. They are Binoy Chakma s/o Krishna Pratap Chakma, Sumoti Ranjan Chakma s/o Surjo Mohan Chakama, Nihar Bindu Chakma s/o unknown, Jogot Joti Chakma /so Karuna Moy Chakma and Koboj Chandra Chakma s/o Krishna Pratap Chakma.

A settler named Siraj Mian has already erected a hut on the land of Binoy Chakma. The Betchari sub-zone camp was located near Betchari bazaar (market place) earlier. In August - September last year, it was moved one kilometer south to Bajamorong area in order to facilitate settlement of the settlers.

8. 16.5 acres of land belonging to four persons grabbed
In June - July 2007, illegal settlers from Bot-toli village (Rashik Nogor) forcibly occupied 6.5 acres of first class land and about10 acres of third class land belonging to four individual Jummas. Of these lands, 2 acres of first class and 3 of acres third class hilly land (settlement case No. 279/80-81) belong to Buddha Moni Chakma (47) s/o late Phogirey Chakma of Tara Charan Karbari Para, 1.20 acres of first class and 3 of acres third class land to Bilati Chakma (50) s/o late Megheraj Chakma of Ghulchari village, 2 acres of first class and 2 of acres third class land to Lalit Kumar Chakma (55) s/o late Rangamua Chakma of Ghulchari village (settlement case No. 09/99), and 1.30 acres of first class and 2 of acres third class land to Sadhan Chakma (35) s/o Bandara Chakma.

They had enjoyed these lands for many generations, but since they became internal refugees in 1971, they were not able to obtain settlement rights.

A group of 30 - 40 settlers led by ex-member of District Council, Yunus (35) s/o A. Mannan, Sirajul Islam (35) s/o late Majed Ali and his brother Nazrul Islam (33) entered their lands in a violent mood and drove the Jummas from that land. The Jumma owners of the lands were working in the field at the time. The settlers obstructed the Jummas and threw their ploughs out of the field. Seeing the settlers' aggressive mood, the Jummas fled away in fear. Thereafter, on 23 July 2007, they appealed to the Dighinala Upazilla Nirbahi Officer (Sub-district Executive Officer) for settlement of the dispute over their lands.

Before the illegal occupation of the said land, on 24 July 2007, the sub-zone commander of Betchari (military) in a notice issued under his signature ordered the Jumma land owners to appear in the camp in person on 26 July 2007. When they appeared in the camp on the stipulated date, the commander told them that "you don't have documents. All these lands belong to the Bengalis. They have documents pertaining to the settlement of these lands." Having said that, the camp commander forced the four Jumma land owners to put their signature on a (blank) paper.

A few days later, the Dighinala zone office through a notice summoned both the Jumma land owners and the settlers (early in August). Major Qamrul Hassan, the notorious second-in-command, was present there. The Jumma land owners said: "Sir, they (the settlers) want to take away our first class lands with their Jomabondi (land documents) for third class land." This prompted a settler to cut in. He said "Sir, attempts are being made at UNO office to settle this dispute." Then Major Qamrul said: "If the UNO fails to settle the matter, come to me." Having said that, he dismissed the meeting.

In the meantime, during the rainy season the settlers sowed paddy on the said land and harvested the produce. On 21 February 2008, a data collector of this report visited the area and found that the settlers had already sowed paddy for the winter season.

The UNO called a meeting for 29 January 2008 to sort out the problem relating to the said land (notice of 27-01-2008, memo No. 114). When the Jumma land owners appeared on that day, he verbally fixed 25 February 2008 for another meeting.

The Jumma land owners alleged that so far the UNO have fixed the hearing date nine times. But no hearing has taken place till now. Each time they go to the UNO office, they have to spend an aggregate of Taka 400, which included cost of conveyance. They termed it nothing but total harassment and conspiracy.

The land owners said that they had told the UNO: "Sir, we don't have any other land apart from this. We are living miserably. The Bengalis have harvested the rainy season. Tell us what to do, but we will begin work in the field."

To this the UNO said: "No, no, you don't go to the field; just wait, I will find a solution."

Then they said: "Sir, they (settlers) are already sowing paddy." The UNO gave comfort to them and said: "All right, let them sow. There is no problem; if you get the land, then you will become the owner of the land along with the paddy." However, he did not say what will happen if they don't get the land back. On the other hand, the settlers harvested paddy during the rainy season and sowed again for the winter season.

The description of boundary marks stated in the Jomabondi form with the support of which the settlers are claiming the said first class land is at variance with that of the land they have occupied. Moreover, according to their Jomabondi, their lands are supposed to belong to third class category. On the contrary, the lands that they have grabbed and claim to be their own belong to first class category. Even the description of boundary marks is also unclear and vague. For example, in the Jomabondi given to Fazlu Mian the boundary marks are stated like this: north: Hafez, south: road; east: Dulal, west: Hasmot Khan. It is difficult to make out what they have meant by merely referring to Hafez, Dulal and Hasmot Khan. And there is no mention as to which road lies in the south. Therefore, there can be no doubt that these documents are forged.

An Ansar post has been set up near the land of Lalit Kumar Chakma to facilitate land grabbing.

9. Plot to grab Shukracharjo Chakma's 2 acres of land
On return to the country in 1997 at the end of a prolonged refugee life, Mr. Shukracharjo Chakma of Tara Charan Karbari Para village in Merung found that his 2 acres of land was being occupied by four settler families. The government returned the land to him as per agreement reached with the repatriated refugees, ejected Ain Uddhin, Rahman Mistri, Shahadat Ali and Achim Uddin from his land and resettled them elsewhere. The government provided Taka 4,000 to each of them as compensation.

When, after getting his land back, Shukracharjo began developing his land and planting trees, a settler named Shahar Ali from North Shashik Nogor filed a case with Dighinala UNO office claiming ownership of the said land. In the case other four person's names were also referred to as defendants in addition to Shukracharjo. His son Lakshmani Chandra Chakma and his relative Birajmoni Chakma were among those. (Case No. 25/2002). After hearing the case, the UNO on 18 December 2002 delivered his judgment in favour of Shuracharjo Chakma. In the judgment order (memo No. 1463) he stated: "Inquiry report has been obtained from Upazila Revenue Officer. Examined. A review of the inquiry report reveals that the settlement grant lands belonging to Ranga Chakma and Hridoy Basanta Chakma of Baro Merugn Mouza No. 30 are different. Ranga Chakma has 2 acres of third class land registered under Holding No. 150 in Baro Merung Mouza No. 30. The concerned Mouza chief has submitted report stating that Ranga Chakma obtained settlement in 1966-67. Let the Upazila Revenue Officer be ordered to hand over to Shukracharjo Chakma the possession of his father's land due to him and to hand over possession to Shahar Ali of what is due to him."

Yet, Shahar Ali did not stop there. He filed a criminal case in the court of Khagrachari cognizance court against 6 persons including Shukracharjo Chakma and his two sons, Lakshmi Muni Chakma and Anil Chakma (case No. Non GR 296/2002 in ref. of 332/6 /21/1/2003. Ref: Dighinala Thana's non FIR prose: No. 14/02 dated 13-11-2002 under sections 107/114/114(c) of the procedure code and section 427 of the Penal Code Non G.R. 296/2002).

In a judgment in the abovementioned case, the First Class Magistrate, S. M. Mahbubur Rahman stated: "Therefore, the state party has failed to prove beyond doubt with facts and evidence the charges brought under section 107 of the Cr. P.C against the Second Party namely, Shukracharjo, Lakshmi Moni, Bichchu Moni, Dhana Lal, Prabhat and Anil." (Serial No. of the order 754/11-06-05).

But Shahar Ali is no quitter. Again he filed another case against Shukracharjo. This time it was a murder case. At the end of the hearing of the said case the First Class Magistrate of Khagrachari Mohammad Shafiul Arif in his judgment stated: "After examining the evidence of the witnesses form both sides and the related documents, it has been found that there is no fear of breach of peace (as far as the second party is concerned). The second party is, therefore, acquitted as per section 119 of the Criminal Procedure Code." (Serial No. of the order: 344/ 12.03.06).

Background
In 1986, Shuracharjo Chakma and his family fell victim to army and settler attacks and fled to Tripura, India. They lived a sub-human life in Takumbari refugee camp and returned to their homeland in 1997 pursuant to an agreement.

His father was killed in a communal attack on their village of Tara Charan Karbari Para and its adjacent areas in 1986. The chief of the village, Mr. Tara Charan Karbari, was also killed in the same attack.

Even though he got his land back after returning from refugee life, the settlers continued to plot to grab his land. Shahar Ali tried to implicate him in various cases. However, he was protected and the illegal occupation of his land could be staved off because the administration was somewhat neutral at that time. But the question is how long will he be able to fight against such harassment? His land has not yet been illegally occupied. But that does not mean that he is being able to enjoy his land. Even now he cannot enter his land in spite of the fact that he has different species of trees including teak planted by him. One may ask: is it not justified to take action against litigious Shahar Ali for harassing innocent people by filing false cases and for being involved in a plot to grab other people's land?

10. The settlers claim ownership of lands of Refugee Rehabilitation Project of Dev Board
In 1998, the Development Board took initiative to rehabilitate 300 Jumma families under the Project of Rehabilitation of Repatriated Refugees. Under this project, 200 families were resettled in Bhaibone Chara, 50 families in Bhoirafa and another 50 families in Ghulchari of Merung. This later 50 families were resettled under Project No. 2. Each of the families was given a total of 6.25 acres of land that comprises 4 acres for rubber plantation and 2.25 acres for horticulture. Therefore, the total land given under Project No. 2 amounted to 312.50 acres. However, 42 settler families are now claiming ownership of 184 acres out of this total. The settlers are residents of Bot-toli Para village.

Members of an "arbitration committee" formed under the auspices of the military called some of the rehabilitated families at Bot-toli village on 8 February and told them that it was they (settlers) who belong to that land. Members of the so-called arbitration committee are Hojjot Ali (55), Mohammad Ali (70) and Ashraful PC (70) from Rashik Nogor village. PC stands for Platoon Commander of VDP.

It needs to be mentioned that the original name of Rashik Nogor is Rashik Naagor Adam. In 1986, when the army and settlers launched large scale communal attacks, the Jummas were forced to leave the village. Thereafter, the settlers illegally occupied the village and renamed it keeping the word "Rashik" while changing the word "Naagor" to "Nogor". Originally, the village was named after the erstwhile UP member Rashik Naagor. He is still alive and his lands are also being occupied by the settlers. He has been practically rendered a destitute.

11. The settlers cut bamboos from Jumma's land
On 20 February 2008, while on a visit to Tara Charan Karbari Para of Baro Merung, this member of the Hill Watch Human Rights Forum saw the settlers taking away bamboos and trees from the hilly lands of the Jumma people after entering deep inside their village. When asked about this, some of the villagers said on condition of anonymity that "they (settlers) don't heed to our objections. As a caretaker government is now ruling the country, we are afraid of talking much. Filing of false cases is common. They also use the army."

Lakshmidhan Chakma (70) of Tara Charan Karbari Para village owns 2 acres of land. He has been enjoying this land for the last 25 years. I saw many settlers including Rahim and Shaha Alam of Bot-toli (Rashik Naagor) taking away bamboos from an eight-acre area near his homestead land.

Pradip Chandra Chakma (55) also has 2 acres of land in this area. He has been in occupation of this piece of land for 20 years. Due to harassment of the settlers it has become difficult for him, like many others, to live there.

12. "Hiyong koleiyo gaalot porey, nawhaang koleiyo gaalot porey" (If I say yes, I get slapped; if I say no, still I get slapped) [1]
Jagadish Chakma (38) s/o late Shanti Kumar Chakma of Ghulchari village in Baro Merung said he has 1.60 acres of first class paddy land under Holding No. 416 in Rashik Naagor Adam (now occupied by settlers). When he came back in 1997 after ending a refugee life in India, he found that the settlers were occupying his land. He filed a case with the Executive Officer of Dighinala Upazila (UNO), but to no avail. When he enters his land, he is harassed. So he has to lease out his land to Manek Mishtri, a settler, on a sharecropping basis at below market price. He earns merely Taka 1,200 yearly in this way.

When asked about the sharecropping contract, he said "Hiyong koleiyo gaalot porey, nawhaang koleiyo gaalot porey" (If I say yes, I get slapped; if I say no, still I get slapped). This means that the income from sharecropping lease is so meager that it falls much below the market price of Taka 1,000 per Kani of land.

He further said the settlers have kept lots of lands under their control in this way. If the land owners themselves till the land, the settlers destroy the paddy by letting their cattle to graze there. The settlers also harass them in many other different ways. This makes tilling unprofitable and compels the land owners either to mortgage or to lease out their lands on sharecropping basis to the settlers. Unable to put up with such harassments, many land owners in that area had to sell away their lands to the settlers.

13. Attempt at grabbing land belonging 4 Jummas
Two settlers, Atiar (50) and Daud (33), are making attempts to grab 11 acres of land belonging to 4 Jummas in Ghulchari village. They are Punnyo Mohan Chakma aged 62 s/o late Gulokana Chakma (2 acres); Mano Ranjan Chakma aged 35 s/o late Ashwini Kumar Chakma (3 acres); Ramani Kumar Chakma aged 70 s/o late Balaram Chakma (4 acres); and Krishna Ranjan Chakma aged 37 s/o Chittra Kumar Chakma (2 acres). All the lands belong to third class category.

Punnyo Mohan Chakma has settlement documents for his land. He pays Dakhila (land revenue) against the said plot of land. He has his homestead there as well. In the end of January, Atiar and Daud entered his land and cleared shrubs. On 19 February, they came and cut trees and took them away. Punnyo Mohan Chakma has teak, Koroi, jackfruit, mango, guava trees and plantain on his land. When protested, the settlers told him that the government had given that land to them.

Mano Ranjan Chakma also has different kinds of trees on his 3-acre land. When he entered his land to collect firewood, the settlers prevented him. This happened on 10 or 11 February.

Ramani Mohan Chakma's son Hengotya (27) was also prevented by settler Atiar when he went to their pineapple garden to do weeding. Atiar also said that that piece of land belonged to him and that he has documents for it. This incident took place in the last week of January (2008). At present Atiar is clearing shrubs in order to grab the said land.

Krishna Ranjan Chakma also grew teak, banana, pineapple, mango and jackfruit trees on his 2-acre land. Now Atiar is claiming his land as well and is preventing Krishna Ranjan Chakma and his family members from entering their land. Atiar had been clearing shrubs on their land till the writing of this report on 21 February.

Landgrabbing in Baro Merung Mouza before the state of emergency

1. First class land belonging to a returnee Jumma refugee grabbed
Hemonto Chakma aged 45 s/o late Borpeda Chakma alias Hengotya of village Bhoirafa (Nuopara) Baro Merung Mouza No. 30, Merung Union, Dighinala.

Hemonto Chakma inherited .40 acre of first class land which his father Borpeda reclaimed in 1960 - 61. In 1986, he, like many others, fled to India for fear of military and settler attack. After spending many years in Takumbari refugee camp in subhuman condition, he returned home in 1 April 1997 through Tobolchari transit camp. On his return, he found that his land had been illegally occupied. A settler has dug a pond over that piece of land.

Documents obtained from Hemonto Chakma show that in a judgment on 24 July 1985 the then Dighinala Upazila Nirbahi Officer (memo No. 295/ Rehabilitation) wrote: "This is hereby notified to both the plaintiff and the defendant that the plaintiff had enjoyed .40 acre of land for generations.

"Therefore, in the interest of peaceful co-existence and given the plaintiff's enjoyment for generations, this piece of land shall remain in his possession. The defendant is forbidden to enter the said land. Defiance of the order shall be dealt with necessary legal actions."

Clearly, Kauser Bhuiyan (75) s/o late Halim Bhuiyan, the then defendant or now the land grabber, made his first attempt to grab that land back in 1985.

After returning from refugee camp, Hemonto Chakma lodged a fresh case with Dighinala Land Office claiming ownership of the said land. The Land Office, it is learnt, gave judgment in his favour. But the illegal occupant again moved the case to the district headquarter. Hemonto Chakma said so far he spent over Taka one lakh (one hundred thousand) to pursue the case. Yet, he did not get his land back. Since he has run out of money at the moment, he has refrained from visiting Gyana Joti Chakma, his legal counselor. On the other hand, the illegal occupant cultivates fish in the pond dug in the said land and meets the cost of pursuing the case with parts of the proceeds earned from sale of the fish.

2. Settler village and a mosque over Niti Kumar Roaza's land
The settlers have founded a village and built a mosque after illegally occupying 5 acres of third class land belonging to Niti Kumar Roaza in the village of Bhoirafa (Nuopara). The Kobuliat form number of his land is 16, settlement case number 18/75-76 and Khatian/Holding number 31.

In the Kobuliyat form, which has been issued from Rangamati Deputy Commissioner's office, the following sentence is written: "this Kobuliyat shall be valid from 12 July 1979 till the date when next survey is conducted."

The settlers grabbed this land in 1981. At present there are about 50 to 55 settler houses on that land. Besides, the settlers have built a mosque there. Among the settler elders are Muslim Uddin (50), chairman, Merung UP, Rafiqul Islam (50) and Mobarok (70).

The land owner has paid land tax up to 12 June 2007 (against the said piece of land). Now Niti Kumar Roaza is deceased. His son Chuni Lal Roaza (40) is trying to restore the land. The land owner became refugee in 1986 and returned afterwards. He has filed a case to get the land back. The government offered compensation in exchange for the land. But Chuni Lal Roaza turned it down.

3. Land belonging to a returnee Jumma refugee grabbed
In 1986, settlers grabbed 86 decimals of first class land belonging to Purno Ratan Chakma aged 25 s/o Dhuma Chakma of Bhoirafa (Nuopara) village when he became a refugee in India. Purno Ratan Chakma's grandfather Rugesh Chandra Chakma alias Bujya purchased this land from Prahlad Tripura, the original owner, on 8 June 1970. The land holding number is 284, plots 137, 136 and 164. Mutation of the land has not yet been done. However, he has got the purchase paper documents. Now a case is pending over title of the land.

At present Gorwar aged 30 s/o Siraj Uddin, a settler from Jamtoli village occupied a part of the said land after digging a pond (20 decimal). The rest of the land is lying vacant. But when the land owner enters his land, the settlers raise objection.


C. Choto Merugng Mouza (No. 29), Merung UP, Dighinala Thana

1. Land grabbing in Bajeychara
The process of grabbing Jumma people's land in Bajeychara began in January 2008. Abul Hossain (60) from Moddyom Betchari is leading the land grabbing attempts. Such attempts continued until this report was written on 21st February. On 16 February 2008, on behalf of the people of Choto Merung Mouza No. 29, Headman Suchil Jibon Chakma submitted a memorandum to Barrister Debashish Roy, Special Assistant in charge of Chittagong Hill Tract Ministry. Despite that, land grabbing attempts continued. Below are the particulars and land description of the victims of land grabbing attempts:

- Indra Kumar Chakma s/o late Pula Chakma. Land holding number R 30/40. Quantity of land: 4 acres, third class. The settlers have built houses on his land.

- Kishta Nath Chakma s/o late Jabottya Chakma. Registered: R/ holding No. 35/79. 2 acres, third class.

- Kamal Dhan Chakma s/o Jabottya Chakma. Registered: R/ holding No. 5/72. 2 acres, Third class.

- Ornondo Chakma s/o late Kalamuo Chakma. Registered: R/ holding No. 115/183. 5 acres, Third class.

- Birashya Chakma s/o late Haja Boidyo Chakma. Registered: R/ holding No. 18/23. 2 acres, Third class.

D. Rengkarjya Mouza (No. 28): Headman: Purno Kumar Chakma, Merung UP, Dighinala Thana

1. Land grabbing in 3 villages in Chongrachari
In January 2007, the illegal settlers began, with the help of the military, grabbing Jumma people's lands in three villages. The villages are Joyonto Kumar Para, Indro Kumar Para and Kanchon Banchi Para.

The Jumma victims said the military had taken initiatives to implant 16 settler families on hilly land as well as plough land of the Jumma people in these three villages. The settlers under the leadership of Akar Ali Leader (45) s/o Javed Ali are now making attempts to occupy that area. Early in January last year, a group of settlers under his leadership entered those three villages and began cutting shrubs and constructing houses. At that time a contingent of army personnel was present there to provide support to the settlers. The settlers continued their work until the soldiers stayed there. When the soldiers went away, they too went away. But by that time they had built nine houses.

Due to the presence of the military, the Jummas did not dare to protest against the land grabbing. But after the military personnel and the settlers had left, they destroyed those houses. The next day, the settlers knew about it and Akbor Ali Leader filed a case with Dighinala Thana (police station) against an unspecified number of Jummas naming six of them. They are Padma Lochon Chakma (40) s/o Joyonto Kumar Chakma, Joyonto Chakma (15) s/o late Bilash Chandra Chakma, Ananta Kumar Chakma (55) s/o Churannya, Talukkey Chakma (30) s/o unknown, Bharat Kumar Chakma s/o unknown and Suniti Chakma s/o unknown.

Victims of land grabbing:

- Buddha Khisha (55) s/o Bharat Chandra Khisha. The Khatian No. of his land is R-140. The land measures 3 acres, Third class. The settlers have already built houses on his land. They have completely destroyed the saplings of various trees including teak, Gamari and blackberry planted by the original owner.

- Muroti Chakma (30) s/o late Narammya Chakma. The settlers have occupied 3 acres of Third class land belonging to him. They have built houses on his land, the Khatian number of which is R-130. He had planted litchi sapling on this piece of land, but the settlers destroyed them.

- Joyonto Chakma (45) and Monju Chakma (38) - two brothers - inherited 6 acres of Third class land after their father died. The land is registered in the name of their father, Chandra Sen Chakma. The Khatian number of this piece of land is R-43. The settlers have already built houses on their and settled down. The owner of the land had planted various fruit trees there, but the settlers have destroyed them completely.

- Monshu Chakma (38) s/o late Piriti Chakma owns 5 acres of Third class land, the Khatian number of which is R-136. The land is registered in the name of his father. The settlers are now clearing shrubs and constructing houses there.

- Joyonto Kumar Chakma (72) s/o late Bharat Chandra Chakma has 5 acres of Third class land which is registered in his name. The Khatian number of this piece of land is R-135. The settlers are making attempts to grab this land.

- Bana Bihari Chakma (40) Joyonto Chakma (35) - two brothers - have 5 acres of Third class land which is registered in the name of their father, late Binagh Chandra Chakma. The Khatian number of the land plot is R-138. The settlers have occupied this land and built 5 houses on it. The land grabbers have been identified as Belayet (40) and Nasir (30). A VDP post and an army post have been set up on that land to provide protection to the settlers at night.

- Pattor Muni Chakma (40) s/o late Pulinya Chakma. His registered land plot measures 3 acres and the Khatian number is R-213. The land is registered in the name of his father Pulinya Chakma. The settlers are clearing shrubs to occupy the land.

- Ananta Kumar Chakam (55) s/o Churannya Chakma. His land, which falls in Third class category, measures 3 acres. Khatian number is R-137. He planted about one thousand teak saplings on this piece of land. But the settlers have destroyed them. The land might be occupied any time.

2. Ranta Moni Chakma's 2 acres of First class land grabbed
In last January (2008), the settlers grabbed 2 acres of First class paddy land belonging to Ratna Moni Chakma. His father Dwitiya Ranjan Chakma had tilled that land since the time of Pakistan until the time of his death. Thereafter, he (Ratna Moni Chakma) cultivated the land until it was grabbed by the settlers. In January, when he went to sow paddy saplings, the settlers prevented him from entering his land and then occupied it. Tthe settlers themselves planted paddy on the said land. When Ratna Moni Chakma tried to recover the land, the settlers too sought help from the military and threatened him with jail and court cases.

Ratna Moni Chakma is an internally displaced person. His family had to live as internal refugees from 1980 to 1997 for fear of army and settler attacks.

3. Shanti Kumar Chakma's 1 acre of First class land grabbed
In January 2008, the settlers occupied 1 acre of First class land belonging to Shanti Kumar Chakma (50) s/o Churanya Chakma. The settlers have sowed paddy on the grabbed land. He had enjoyed that piece of land for the last 50 years.

His family had to live as internal refugees from 1980 to 1997 for fear of army and settler attacks.

4. Bharat Chakma's 5 acres of First class land grabbed
In January 2008, the settlers grabbed 5 acres of First class land belonging to Bharat Chakma (55) s/o Indra Moy Karbari. He had enjoyed this piece of land for the last 50 years. The settlers have sowed paddy after occupying it.

His family had to live as internal refugees from 1980 to 1997 for fear of army and settler attacks.

Report prepared by Hill Watch Human Rights Forum. February 22, 2008.
[1] A Chakma idiom roughly corresponding to "Damned if you do, and damned if you don't."

The CHTs commission Re-activated

Wednesday, June 04, 2008

Chittagong Hill Tracts
This conference was held in Copenhagen on May 31 and June 1, following up the earlier work of the Chittagong Hill Tracts Commission, an international body of experts which published a series of reports on the governance and human rights problems of the CHT between 1991 and 2000. The territory had been administered separately during the colonial era, but since independence it has been effectively under the control of the military. Arrangements for local self-government, agreed in 1997, were not implemented, and immigration of settlers from the rest of Bangladesh have progressively diluted the CHT's cultural, linguistic and religious identity. The Copenhagen meeting discussed the present situation, and made decisions on how to proceed, which will be announced shortly.


CHT Commission mission statement
Mission statement of the re-established CHT Commission:

The purpose of the Commission, which is composed of concerned experts from inside and outside Bangladesh, is to promote respect for human rights, democracy, participatory development and land rights in the Chittagong Hill Tracts, including examination of the implementation of the CHT Peace Accord of 1997. It will build on the work already done by the Commission between 1990 and 2001.

Today, events in the CHT become known rapidly worldwide, and the issues are well known in Bangladesh and internationally. They are increasingly of concern to human rights organizations, the media, and all within Bangladesh who are looking for a peaceful future in the CHT based on the preservation of the linguistic, cultural and religious rights of the indigenous inhabitants.

The limited implementation of the 1997 CHT Peace Accord, particularly as regards land rights; the continued violations of human rights in the region; the relentless influx of Bengali settlers, and the oppressive presence of the military, made a compelling case for re-establishing the CHT Commission, decided at the Copenhagen Conference of May 31 and 1 June.

The meeting elected Ms Sultana Kamal, Ms Ida Nicolaisen and Eric Avebury as co-chairs of the Commission.