An eviction decree, its execution, and the fate of seven Mahle families

An eviction decree, its execution, and the fate of seven Mahle families

Apr 28, 2014 | News Reports

Philip Gain

It is like a scene of war-time devastation in a tiny Mahle village, Pachandor, in Tanor upazila (Rajshahi). Houses with thick mud walls and corrugated tin roofs have been leveled to the ground. Food grain, utensils, beds, clothes, cash, and other household materials are all broken and left mixed with mud. The families are left with nothing. They still have the courage to live around their homesteads in the hope of getting justice.  

The seven Mahle families, whose houses have been thoroughly destroyed in an eviction operation under a court decree report that they have been living on 32 decimals of land, vested property, for a hundred years.   

Three brothers of the neighboring village, Sadipur—Fazlur Rahman, Estab Ali and Anisur Rahman—claim they own the land. “We bought the land in DAG No. 84 from Saber Ali Mondol,” claimed Anisur Rahman (65) youngest of the three brothers.  “We have not done anything wrong in breaking the houses of the Mahles. We have won the case and got decree in our favor. The police and the court just assisted us to evict the illegal occupants.”  

“This is ridiculous,” said Omor Faruque, councilor of Ward no. 1 of Mundamala Pourashava who came to the rescue of the houses from being destroyed but he was ignored. “The seven Mahle families had last taken yearly lease (DCR) in 2013, which means they are up to date with their lease.”  

Two Karmakar families, close to the Mahle families also had their houses in DAG No. 94 partially destroyed.  

The Eviction Operation  

On the day of eviction, 30 March 2014, according to Johon Hasda (65), who now lives under the open sky with his eight family members, reports, “A micro-bus carrying police stopped at our village in  the morning. They were actually giving protection to the brothers (Fazur Rahman, Estab Ali and Anisur Rahaman) and around 150 men. Two more police van also arrived from Tanor Police Station. They started breaking our houses without paying any attention to our cries.”  

Jastina Hembrom (35), standing in the middle of the debris on her homestead, cried and narrated what happened on 30 March: “We were in the field, harvesting wheat, when we heard that our houses were being demolished. We ran to the village. I saw my house being dismantled by around 35 people. I begged them not to destroy my house. I did not understand what to do. I begged them to give me a few days. But they did not pay any attention.”  

“They did not even give us time we begged to move our paddy, rice and other household materials. Later on I found my four sacks of paddy, two sacks of wheat, two kuthis (home-made mud pot to store cereal) of rice scattered and mixed with mud,” said Jastina. She soon became busy with her brother-in-law’s 10-year old daughter Sriti, who got injured from a stone thrown at her. She remained in comma for three hours in a hospital.  

Sicilia Hasda (35), another woman who witnessed her house destroyed gave further description of the appalling story.  “I was working in the field when the news of demolition came. I ran to the village. I became so shocked to see some twenty people demolishing my house of mud walls with tin roof.  

“I was storing 14 maunds (one maund is equivalent to 40 kgs) of wheat, four maunds of mustard, and cash of Tk.5,000 of adivasi women’s organization, GOLAP, of which I am the cashier. I also had 20 maunds of paddy of my own. I begged them to allow me to enter my house. But they did not listen. I helplessly watched my house leveled to the ground. These foodstuffs and cash were all gone with my houses.  The carnage went up to five in the evening.”  

What also astounded the Mahles and their neighbors was that they did not receive prior notice from the court before the decree of 2013 was executed.  

The O.C. and the court representatives (Advocate Commission, surveyor, and Nazir) reportedly ignored the appeals of the Mahle people. “We have merely assisted in executing a decree from the court of law,” said S.M. Bazlur Rashid, O.C. Tanor Thana. However, there is allegation that Bangalees along with the Mahle who appealed to the police to spare the houses were threatened with arrest.  

Quite a few social organizations organized human chains and road blockade on 31 March 2014 to protest against the eviction attempt. However, it was only on 21 April that Deputy Commissioner of Rajshahi, Mesbahuddin Chowdhury visited Pachondor, handed over three checks [Taka 3000 each) to three families and committed to give financial support of Tk.3,000 and 30 kgs of rice to each of the nine Mahle and Karmakar families.  

The DC confirmed that the 32 decimals of land that the victims of Pachandor had their houses on is vested property. “It is government property and we will appeal to the court against the decree,” the DC reportedly said during his visit to Pachandor.  

What Awaits the Victims of Pachandor  

About a month has passed since the houses of the Mahle and Karmakar families were destroyed. The families, under severe conditions, still continue to live guarding the debris of their houses and the land. They were terrified at the “atrocious” approaches of people who demolished their houses; but the tiny Mahle community remains bold and believe that they will get justice.  

“We appreciate that the DC of Rajshahi has visited Pachandor and has committed some cash and food grain. These bring little relief. We demand that the seven Mahle families be rehabilitated on the land they have been living on for such long time,” says Rabindranath Soren of Jatyio Adivasi Parishad. “We also demand that the DC’s office quickly files the appeals against the decree and eventually gives permanent settlement of the land to the Mahle families because there is no trace of the original owner of the land.”  

Joseph Mangra Murmu, one of the Mahle family heads says, “We are accepting the relief. But our main demand is that our houses are reconstructed and the land we live on are permanently settled to us.”  

Writer is a researcher and director of Society for Environment and Human Development (SEHD).    

http://www.dhakacourier.com.bd/?p=17095

 

The Last of the Chaks

The Last of the Chaks

Jun 30, 2011 | News Reports

The Chaks of Baishari are a tiny community, the existence of which is being threatened by encroachment of their land to grow rubber and tobacco, in the name of development.

As we walk out of the Chak paras (villages) in Baishari, the weather is calm and everything glistens under the golden sunlight of autumn. What fascinates the most as we walk through the Chak villages are the smiles of the Chaks and the look of the elderly women distinguished by their large earrings that stretch and distort their earlobes. Such large earrings and the wide earlobes are not to be found among women in any other ethnic community in Bangladesh. Another interesting scene is of the elderly women with tobacco pipes in their mouth blowing white smoke with an air of freedom.It’s an exciting three-hour journey on foot from Baishari Chak Headmanpara to a real jungle village named Badurjhiri of 16 Chak families. On November 18, 2010, five of us–three Chaks and two of us from Dhaka–walk through the hills and streams, beauty and devastation with both joy and trepidation in our hearts.

One may wonder where these two strange places–Baishari and Badurjhiri–are. Both are located in Baishari Union in Naikhongchhari Upazila in Bandarban Hill District. Quite unknown even to regular trekkers to the Chittagong Hill Tracts (CHT), Baishari is one of four unions in Naikhongchhari Upazila with Chak habitation. There are around 3,000 Chaks in Bangladesh and another four to five thousand in Myanmar. There is no confirmed record of these beautiful people anywhere else on the globe. Imagine just seven thousand people in the whole world who have a distinct language and lifestyle! They proudly speak their language among themselves and find no difficulty speaking when communicating with their Bengali neighbours. They also speak Marma; but the Marmas, their close neighbours cannot speak the language of the Chak.

Leaving the Baishari Chak villages behind we get into the coolness of nature. Our feet dip into the cool stream water flowing over narrow, sandy, and shallow yellowish bed. Where does the water come from? “The water flows from the roots of trees that still survive and hold water from the rains,” is my naïve response to the query of my companion from Dhaka as regards to the source of the crystal clear cooling waters.

Dhung Cha Aung Chak (47), our host and guide, tells us it will take roughly three hours to walk to Badurjhiri and cautions us that we will pass through risky elephant habitat. He advises us to stay watchful. We are tense….

—- Read the rest of the article published in the Daily Star.

Philip Gain is director of Society for Environment and Human Development (SEHD) and freelance journalist.

Citizen Declaration and Recommendations Regarding the Rights of the Chaks

Jun 24, 2011 | News Reports

This citizen declaration and recommendations regarding the rights of the Chaks was adopted at the launching of photography exhibition and seminar, “Ambushed by Greed: The Chak Story” held at Drik Gallery, Dhaka on 23 June 2011.

We, the participants at the launching of photography exhibition and seminar “Ambushed by Greed: The Chak Story” organized by Society for Environment and Human Development (SEHD), are aware of the gradual loss of the traditional land rights of the Chaks, a small indigenous community of the Chittagong Hill Tracts (CHT). We express our full support for the social, political, and economic rights of the Chaks.

We observe with great concern that the Chaks, who primarily reside in the secluded areas of the Naikhongchhari upazila, are now severely marginalized due to various external pressures.

We are disheartened to see that it is primarily due to rubber and tobacco cultivation that the Chaks are losing their jum land and even homestead. As a result they have become further impoverished and their social and economic security has been jeopardised due to the internal migration of Bangali outsiders.

We have noticed with great regret that during the 1980s and 90s that approximately 45,000 acres of land in the Bandarban Sadar, Lama, Alikadam and Naikhongchhari upazilas have been leased mostly to the influential Bangali outsiders. The Chaks have lost their vast jum land from leasing the land for rubber and horticulture. In addition, rubber and tobacco cultivation funded by multinational company from the mid-90s has been expanding ever since and led to many Chak villages in Naikhongchhari losing their precious plain land. Both rubber and tobacco have proven to degrade the hilly environment and geography of the region. Despite their destructive impacts on the environment and the livelihood of the Chaks, both cultivations are expanding.

We are aware that Gha 8 of the CHT Peace Accord, on the issue of land allocation for rubber and other plantation, states that “Out of the lands allotted to non-tribal and non-local persons for rubber and other plantations, the lease (allocation) in respect of the lands of those who did not undertake any project during the last ten years or did not properly utilize the lands shall be cancelled.”

Although the government cancelled the lease of some 569 plots for violating lease agreements, the Bandarban District Administration acknowledged in 2011 that 35 of them were later reinstated. There is also no information if any of the leaseholders whose lease was cancelled actually surrendered their plot, or if the district administration took back the plot. The district administration also said that some 100 writ petitions were filed in the higher court challenging the cancelation of leases.

We have regretfully observed that contrary to the democratic values, the government administration, non-government organizations and multinational companies are continually encouraging activities that severely threaten the livelihood of the indigenous population. The government and the non-government bodies, through various means, continue to encourage Bangali settlement, not only in the Chak inhabited areas, but also in the entire hill tracts region. The hill land is being encroached on, and conflicts increase between the hill people and the Bangalis. Unable to resist the pressure from the mainstream Bangalis, many are resorting to silent migration from their land.

This declaration and recommendation named “The 2011 Citizen Declaration and Recommendations regarding the Rights of the Chak” is adopted, and presented with hope that the state will understand and recognize the current marginalized state and problems of the Chak population, and take necessary measures to provide them with legitimate protection of their human rights.

Recommendations:

  1. Safe rehabilitation of the Chaks displaced from Longodujhiri (Khal) Chak Para must be ensured. This requires the Bandarban Deputy Commissioner to work with the mouza headman in order to take necessary actions.
  2. The illegal clearing of forests for rubber plantations in Baishari Mouza and Alekhyong Mouza of the Naikhongchhari Upazila and other areas in Bandarban Hill District inhabited by the Chak and Marma must be halted immediately. The names of the leaseholders and those who have had their leased deeds for plots cancelled must be published. The government must reach an effective decision regarding the cancelled plots.
  3. The government must adopt adequate policies to halt the invasion of tobacco plantations and take strict measures in controlling this environmentally disastrous cultivation. The government should also provide all necessary assistance for the hill people to continue with their traditional environmentally friendly cultivation without disruption.
  4. The traditional rule of circle chiefs, headman and karbari of the Chittagong Hill Tracts must be strengthened. In defiance of these tradition institutions, the civil administration exercises undisputed authority, that in turn results in hill land disputes, encroachments, and displacement of the hill people. The headman and the circle chiefs must be consulted before leasing land. Land that has been leased without the consent of the headmen must be terminated. The Rubber Standing Committee must also be terminated.
  5. The legal rights of the hill people who were allotted land for homestead and rubber cultivation under the Upland Resettlement Project initiated by the Chittagong Hill Tracts Development Board (CHTDB) are yet to be recognized. The CHTDB must take appropriate action to rectify this and hand over the titles of this land as quick as possible.
  6. The unrestricted expansion of the rubber and tobacco is rapidly annihilating the desolate hill forests of Naikhongchhari Upazila. This is affecting the Chaks most. The government needs to take action to protect the forest.
  7. The influx of the Myanmar refugees has to be prevented. Those settled must be identified and removed.
  8. The hill people’s much coveted Regional Council has turned out to be an ineffectual institution as a consequence of not implementing the CHT Accord. There is no other option than to agree to the CHT Accord in order to ensure the security of the land and the lives of the hill people.
  9. The three hill district councils have been run by the same government nominated individuals for a long time; the district councils should immediately be reorganized with elected representatives.
  10. Although the CHT Land Dispute Commission has been reformed, it has been incapable of making any substantial contribution. The current chairman of the commission has been rejected by the leading hill people, thus the Land Commission needs further reorganization. The land commission laws need to be amended and rules formulated.
  11. The National Committee, created for implementation of the CHT Accord, is yet to take any positive and effective measures. Affirmative actions taken by the committee in realizing the CHT Accord will contribute significantly in resolving the existing land disputes and in providing security to the hill people.

Participants and signatories to declaration: Brother Jarlath D’Suza, BICPAJ; Prof. Niaz Zaman, University Of Dhaka; Asif Iabal, SAMATA; Dhung Cha Aung Chak, Baishari, Naikhyangchari; Babul Chandra Sutradhar, Dhaka; Shai Hla Ching, Baishari, Dr. Mahfuzul Haque, University of Dhaka; Sanjib Basak Dainik Shamokal, Dhaka; Lucille Sircar, ADRA Bangladesh, Dhaka; Prof. Amena Mohsin, University of Dhaka; Dilshad Mahmud, BRAC, Dhaka; Fazley Hassan Rabbi, Student, SMUCT, Dhaka; Raton Jakaria Malo, Student, Dhaka University; Nusrat Ara, Nijera Kori, Dhaka; Obaidul Haque, associate professor, University of Dhaka; Archita Baroi, New Age, Dhaka; Atish Saha, student, Patshala, Dhaka; SK Ali, Dainik Jugantar, Dhaka; Mahtabi Zaman, The Daily Star, Dhaka; Amir Tuhin, American Institute of Bangladesh Studies (AIBS), Dhaka; Tania M, American Institute of Bangladesh Studies (AIBS), Dhaka; Pobitro Gregory, Saint Joshep High School, Dhaka; Mong Mong Chak, Bandarban; Kishor Kumar, Bhorer Kagoj, Dhaka; Masud Parvej, Bhorer Kagoj, Dhaka; Mehedi Noor Akter Priti, Artist, Dhaka; Khya Ching Chak, Naikhyongchori; Monangrai, Baishari; Chai Mra Prue Chak, Baishari; Chanu Mong Chak, Naikhyongchori; Buddyojyoti Chakma, Dainik Prothom Alo, Bandarban; Siko Khumi, Roangchori, Bandarban; Aung Thoai Chak, Uporchakpara, Baishari; Ma Shu Chak, Baishari; Aung Ga Mey, Baishari; Mong Kaw Bing Chak, Naikhyongchori; Mong Chainda Chak, Naikhyongchori; Nainda Aung Chak, Naikhyongchori; M.A. Prue Chak, Naikhyongchori; Ching La Mong Chak, Naikhyongchori; Dr. Uttam Kumar Das, SAILS, Dhaka;  Aung Thoai Ching Chak, Naikhyongchhori; Ranglai Mro, Bandarban; Inamul Kabir, Janakantho, Dhaka; Mehedi Jaman, Jai Jai Din, Dhaka; Akter Hossain, BDO Naogaon; Raphael Palma, Dhaka; Sajjad Hussain, Transparency International Bangladesh, Dhaka; Dipan Dandy, Jai Jai Din, Dhaka; Goutam Dewan, Movement for the protection of forests and land rights in CHT, Rangamati; Sudatta Bikash Tanchangya, Movement for the protection of forests and land rights in CHT, Rangamati; Mong Chanu Hla Chak; Khushi Kabir, Nijera Kori, Dhaka; Abir Abdullah, Patshala South Asian Media Academy, Dhaka; Zuamlian Amlai, Bawm Social Council, Bandarban; AKM Mofizur Rahman, Community Public Library, Dhaka; Babul Bairagi SEHD; Shanjida Khan Ripa, SEHD; Lucky Ruga, SEHD; Partha Shankar Saha, SEHD; Khokon Suiten Murmu, SEHD; Shekhar Kanti Ray, SEHD; Philip Gain, SEHD; Md. Saifullah Safi, SEHD; Biswajit Sen Roy, Student, Dhaka University; Lisa Chambugong, Student, Dhaka; Shanta Mallick Bonnya, Student, Dhaka; S.N Obaidul Muktadir, SEHD; and Prosad Sarker, SEHD.

Fire Accident at Garments Factory Kills 31

Fire Accident at Garments Factory Kills 31

Dec 15, 2010 | News Reports

In the latest fire accident on 14 December 2010 at a garments factory close to the capital Dhaka 31 workers got killed. The killed are all women and workers of Ha-Meem Group’s Sportswear Factory, located in Ashulia, an industrial zone just on the outskirts of the capital.

This major accident was preceded by another major fire accident on 25 February 2010 at Garib Sweater Factory in Gazipur (also close to Dhaka) killing 21 workers, 18 of them women.

The fire broke out during lunch time. The workers, panicked, ran helter-skelter to escape the flame; many jumped off different floors. The fire raged on the top three floors of the 11-storied factory building. The workers alleged that security guards closed four of seven exit staircases, a typical tactic that the guards resort to when fire accidents break out. The consequences prove fatal, leading to stampede and causing many to jump out of the building to escape the flames. The accident on 14 December was no exception in one of the biggest and supposedly well-managed factories.

For more information on previous fire accidents in the garments industry in Bangladesh and their casualties see the SEHD report.

Bangladesh: Most Densely Populated Country with 164.4 Million People

Dec 8, 2010 | News Reports

The population of Bangladesh has reached a staggering high stage, 164.4 million in a landmass of 147,570 sq. km or 56,977 sq. miles, the size of Iowa (IA) in the United States. There is no doubt this puts Bangladesh among the most densely populated countries in the world, with 2,885 people living per square mile (1114 per sq. km). This was disclosed in the UNFPA report “State of World Population 2010” in October 2010. The report also said the population growth is 1.4% per thousand.

The UNFPA exposé makes the Bangladesh Government unhappy as expressed by the director of planning commission Mr. Ganesh Chandra Sarker who contended the UNFPA figure and claimed that the current population of Bangladesh might be 140.4 million, which was 124.3 million in 2001 at the time of the last population census which takes place every 10 years.

However, the estimate of UNFPA matches with that of The Economist Intelligence Unit (EIU) Country report 2010 on Bangladesh. According to EIU the population of Bangladesh was 160.0 million in 2008. Its forecast of Bangladesh population was 162.2 million in 2009 and 164.9 million in 2010, which will be 167.5 million in 2011. The UNFPA forecasts Bangladesh population at 222.5 million by 2050.

Fire Accident at Garments Factory Kills 31

Extrajudicial killings in Bangladesh

Oct 19, 2010 | News Reports

Extrajudicial killings are a serious concern in Bangladesh. Police and the Rapid Action Battalion (RAB) allegedly kill people in their custody. Initially, RAB used the term “crossfire” to explain the circumstances of killings in its custody. It changed the terms to “shootout” or “encounter” in 2009. RAB, created in 2004 to serve as an elite anti-terrorism/crime force, is much-talked-about security agency for extra-judicial killings.

According to Ain O Shalish Kendra, a human rights organization, since RAB’s creation there has been 1,057 deaths under its custody (as of 2009). In 2004, 114 died in the hands of RAB, which rose to 320 in 2005. In 2006 the killed numbered 246; in 2007 it was 128; in 2008 it was 139; and in 2009 it was 110. Since early January 2009 when the Awami League Coalition government assumed office till September 2010, the persons facing extra-judicial killings stood at 200.

The High Court gave rulings on 17 November 2009 asking the government suo moto to explain the extrajudicial deaths. In the pretext of continued killings (11 illegal deaths since 17 November) the High Court passed and order on 14 December 2009 banning all such killings till the previous case was disposed of.

According to human rights watchdogs extrajudicial killing (of fatwas) still continue. According to human rights organization Odhikar that released a report on 1 October 2010, one extrajudicial killing took place in Bangladesh every three days since January to September 2010. Of the 90 victims during this period 40 were killed by RAB, 33 by police, 8 by the joint team of RAB and police, 5 by the RAB police-Coast Guard joint team, 3 by the RAB Coast Guard and one by the BDR. Ain O Shalish Kendra put the total figure at 95.