ZORO submits MEMORANDUM to PM Modi

To

Shri Narendra Modi

The Hon’ble Prime Minister Government of India

Submitted by

The Zo Re-unification Organisation (ZORO) Aizawl, Mizoram, India

Subject: Restoration of Human Rights of the Hill Tribals of Chittagong Hill Tracts, Bangladesh.

Hon’ble Sir,

The Zo Re-unification Organisation (ZORO), an international non-governmental not- for-profit organisation working for the reunification of Zo people comprising the Chin-Kuki- Mizo tribes living in India, Myanmar and Bangladesh voices its displeasure over the violation of constitutional rights and human rights of the Zo people of Chittagong Hill Tracts (CHT), Bangladesh who are identified commonly as Kukis and the policy of extermination towards them by the Bangladesh Army and some insurgent groups, supported by Bangladesh Army, namely the Arakan Army. The different Kuki-Chin tribes, namely, Bawm, Pangkhua, Lushai, Khumi, Mru (Miria) and Khiang are indigenous people and have been living in Chittagong Hill Tracts (CHT) many centuries before the coming of the British colonial power. There are ample historical and archaeological evidences indicating that the CHT and the forests therein are ancestral lands of the Kuki tribes who inhabited it since time immemorial. Different Kuki tribes, under the leadership of their chiefs fought and protected their ancestral land in CHT since pre-colonial era from various invaders and they still cherish to preserve their land and identity.

Overview

The Chittagong Hill Tracts (CHT) in pre-British colonial period from 1400 to 1700 comprised of self-governing chiefdoms and chieftaincies. Tribal settlers of CHT were

 categorised into two as Khyoungtha (tribes who live in the river banks) and Toungtha (tribes who live in thick jungle of the hills). Tribes, such as, Chakma, Tontongja, Tripura (Bru or Riang) etc. have been classified as Khyoungtha, whereas, different Kuki-Chin tribes, namely, Bawm, Pangkhua, Lushai, Khumi, Mru and Khiang have been classified as Toungtha. The CHT was previously the land of the tribal people where different tribes had their respective chiefs and different tribes were aloof from Hindu kings and Muslim Nawabs of the plains. It was in 1860 that the British colonial rulers annexed the CHT and placed it under the administration of Bengal. The advent of the British rule exposed the indigenous tribes of CHT to the outside world, however, the British colonial rulers enforced exclusive laws to preserve and protect the identity, custom, culture, tradition and ancestral land of the tribes. The CHT had special constitutional status such as Scheduled District by the Scheduled District Act of 1874, Backward Tracts by the Government of India Act of 1919 and Excluded Area by the Government of India Act of 1935. The CHT was also included among the 11 districts where Inner Line Regulation was originally enforced as mandated by the Bengal Eastern Frontier Regulation, 1873 which came into effect from 27th August, 1873. The Inner Line Regulation was repealed from the CHT 30 years later by the Amending Act of 1903 which could be described as the initial stage for opening of Pandora’s box for the hill tribes inhabiting the CHT, the reason being the illegal influx of outsiders from the plains with the revocation of Inner Line Regulation began. Even till 1929, the Commissioner of Chittagong declared that hill tribes were not British subjects but tributaries. He said, “I do not recognise any right on our part to interfere with their internal arrangements. We have no authority in the hills”

The CHT enjoyed special constitutional status till the 1930s where non-tribals could enter or reside within the CHT jurisdiction only with a special permit issued by the Deputy Commissioner in accordance with Rule 52 of the Chittagong Hill Tracts Regulation 1900. Although Rule 52 was never repealed, its operation was cleverly stayed in the 1930s which intentionally has not been revived officially till date. At the time of partition of India in 1947, the Provincial Government had no legislative authority over the CHT which was exclusively reserved for the Central Government in accordance with the Government of India Act of 1935. As the independence of India approached, the CHT was visited by the Excluded and Partially Excluded Areas (other than Assam) Sub-committee under the chairmanship of A.V.

 

Thakkar where the three rajas, namely, Bohmong Chief, Chakma Chief and Mong Chief submitted their demand for inclusion of CHT within India with special status on 4th April, 1947. Contrary to the expectation of the indigenous people of CHT, the CHT was merged with Pakistan as per the decision of Sir Cyril Radcliffe, the chairman of Bengal and Punjab Boundary Commission. As a matter of fact, all indigenous tribes of Chittagong Hill Tracts (CHT) including Kuki tribes began to face discrimination in all aspects of life.

The Problem

The ZORO has taken serious note of the continuous discrimination and marginalization of the Kuki-Chin tribes of the CHT by the Government of Bangladesh and the ethnic majority groups in Bangladesh. The tribal population of Chittagong Hill Tracts (CHT) comprised of 98 percent in 1947, but with non-enforcement of Rule 52 of the Chittagong Hill Tracts Regulation 1900 and the unlawful settlement of Bengalese Muslim population by the governing authority in the ancestral land of the indigenous tribes, the tribal population declined to about 51 percent at present. The Government of Bangladesh has also encroached upon the ancestral land of the indigenous tribes of the CHT in general and the Kuki-Chin people in particular in the name of promoting tourism.

The Kuki-Chin people have always respected and preserved the sovereignty and integrity of the country since independence in 1971. Due to large scale influx of non-tribals in the CHT as stated before, the Kuki-Chin tribes of CHT have been demanding a separate Kuki-Chin State in the eastern part of the CHT for preservation and protection of their land, culture, tradition, language and ethnic identity. The Government of Bangladesh, instead of paying attention to the genuine demand of the marginalized Kuki-Chin tribes for redressing the long-standing problems through negotiation, have used suppressive measures against them. Peace accords signed between Government of Bangladesh and some insurgent outfits did not bring any positive change for the Kuki-Chin tribes and they have been continuously discriminated and victimised like before. The proxy wars carried out by the Bangladesh Army by engaging the Myanmar-based Arakan Army (AA) directly and the Parbatya Chattagram Jana Samhati Samiti (PCJSS) indirectly against the Kuki-Chin National Army (KNA), the armed wing of the Kuki-Chin National Front (KNF) have caused immeasurable sufferings to the innocent civilians of the Chin-Kuki tribes.

 

Recently, the AA in a joint operation with the Bangladesh Rapid Action Battalion (RAB) against the KNA have forced thousands of innocent civilians of the Kuki-Chin tribes to take refuge in the state of Mizoram in India and the Rakhine state of Myanmar with whom they share ethnic relations. As a result, there are now more than 700 refugees in five centres in the western part of Lawngtlai District of Mizoram who have been rehabilitated with donations from civil society and local people as there is no source of funds to look after them from the government. It is indeed heart touching and alarming to know that about one thousand innocent civilians, including women and children, who moved towards Mizoram for their own safely were blocked mercilessly by the Border Security Force (BSF) jawans of India in the border. Consequently, they were stranded in the thick jungle during cold winter season without proper food, clothing, medicines and shelter. The merciless action of the BSF in blocking the refugees led to starvation and untold human sufferings which led to the death of Pastor Sawmkhup (80) due to starvation whose dead body was also not even allowed to be cremated in Mizoram by the BSF.

The Bangladesh government’s action is clearly in violation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The said declaration provides:

“States shall provide effective mechanisms for prevention of, and redress for: Any action which has the aim or effect of dispossessing them of their lands, territories or resources.” [Article 8(1b)]

“Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.” (Article 10)

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.” [Article 26(2)]

The ZORO, as one of the most inclusive community-based organisations of the Zo ethnic tribes of India, Myanmar and Bangladesh, cannot remain a silent spectator to these untold human rights violation, extreme suffering, starvation, deaths and psychological trauma exerted upon our Zo ethnic brothers and sisters (Kuki-Chin tribes) of CHT of Bangladesh.

 

The ZORO is also pained to know that the Government of Bangladesh and its army apply divide and rule tactic by engaging some persons from Zo (Kuki-Chin) tribes against their own people. We fear that this age-old colonial policy of divide and rule will only create division on the basis of ethnic lines, thus hindering the prospects of peace and harmony in the CHT in the long run.

Our Demands

1. The Zo people are indigenous people who, before the advent of the British colonial rulers, enjoyed sovereign powers in their own lands. The ancestral lands of the Zo people were divided into the provinces of Assam, Bengal and Burma by British Raj which later on emerge as India, Bangladesh and Myanmar (Burma). Therefore, we, hereby, make a strong appeal to the honourable Prime Minister of India to understand the objective historical position of the Kuki-Chin tribes of Chittagong Hill Tracts (CHT) as our ethnic brothers and our sympathy towards them.

2. We regard the sufferings caused to innocent Chin-Kuki civilians due to violent counter-insurgency operations of the Bangladesh Army and the land-grabbing policy of the ancestral lands of the hill tribals by the Bangladesh Government as unconstitutional and a violation of international law. It violates the basic right of the indigenous people which have been enshrined in the Universal Declaration of Human Rights as well as the United Nations Declaration on the Rights of Indigenous Peoples.

3. We appeal to the honourable Prime Minister to initiate humanitarian measures by directing the Ministry of Home Affairs and the Border Security Force (BSF) to stop blocking Kuki-Chin civilians who want to take refuge among their blood- related tribes in Mizoram. The demise of an octogenarian, Pastor Sawmkhup due to starvation because of the merciless action of the BSF at the border is unbearable and we pray that such an incident does not repeat in the future. In this regard, we would like to urge the honourable Prime Minister to take corrective steps immediately.

 

4. India being the largest democratic country in the world, we would like to urge the honourable Prime Minister to initiate conflict resolution measures to secure peace and security in the region. We pray that the Prime Minister of India renders friendly advice to the Prime Minister of Bangladesh to declare a ceasefire and invite the leaders of the Kuki-Chin National Front (KNF) for political talks and amicable settlement of the problems and make necessary arrangements for the peaceful resettlement of Kuki-Chin tribes who migrated to Mizoram state of India and Rakhine state of Myanmar to their ancestral land in the CHT.

The ZORO, as an international non-political organisation representing all ethnic Zo people around the world, brings the above stated points of discrimination and suffering meted upon the indigenous Zo (Chin-Kuki-Mizo) people of CHT, Bangladesh for your kind information. We also place the demands stated above for the kind perusal and prompt action of your high office for the restoration of human rights of the Chin-Kuki tribes in the CHT and for maintenance of peace and security in the region.

(R. SANGKAWIA)

President

Zo Re-unification Organisation.

Mob: (+91) 8118952527

Email: zoreunif@redifmaill.com

 

Memo No. ZORO/HR/2023/1 Dated Aizawl the 24th January 2023

Copy to:

1. Hon’ble Prime Minister of Bangladesh

2. Hon’ble Minister, Ministry of Home Affairs, Government of India, New Delhi

3. High Commissioner of Bangladesh, New Delhi

4. President, United Nations Human Rights Council (UNHRC)

5. Chairperson, United Nations Permanent Forum on Indigenous Issues (UNPFII)

6. Chairman, National Human Rights Commission, Government of India, New Delhi

7. Governor of Mizoram, Aizawl.

8. Chief Minister, Government of Mizoram, Aizawl.

(R.SANGKAWIA)

President

Dated Aizawl the 24th January 2023

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