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South Asia

Nine Years from Dominion to Islamic Republic of Pakistan and Thereafter

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The parliament of UK passed the Indian Independence Act, 1947, on 18 July 1947 which stated that from 15th August 1947, British India would be partitioned into two dominion states India and Pakistan. Each dominion would have complete freedom to pass any law it wished. The Government of India Act 1935 would be the provisional constitution until the states devised their own. The Quaid while addressing the Constituent Assembly on 11 August 1947 emphasized that it has got two main functions, first framing the future constitution and the second, functioning as a complete sovereign body as the Federal Legislature of Pakistan. The Assembly passed the objective resolution on 12 March 1949, which gives the guidelines to frame the constitution, the main point being Pakistan shall be federation, wherein the state shall exercise its powers and authority through the representative of the people; the principles of democracy, freedom, equality, tolerance, and social justice as enunciated in Quran and Sunnah shall be fully observed. Provision shall be made for the minorities to freely profess and practice their religion and culture.

The Basic Principles Committee(BPC) headed by PM, Liaquat Ali Khan was formed the same day to frame the constitution.  It submitted a report on 28 Sep 50 which proposed bicameral legislation (two houses),the upper house having equal representation from former East Pakistan (E Pak) and West Pakistan(W Pak) consisting of 100 members.  The Lower House will be based on population, consisting of 400 members. Both Houses will enjoy equal powers. This report was criticized, because of equal seats in the upper house.  It is pertinent to mention that as per the census of 1951 population of E Pak was 42 and W Pak 33.7 million. The second draft was presented by PM Khawaja Nazim ud Din on 22 Dec 52, PM Liaquat had been assassinated on 15 Oct 51.It also proposed bicameral legislation in which House of Units to have 60 members from E Pak and 60 from all provinces of W Pak. House of People to consist of 200 members from all units of W Pak and 200 from E Pak.  It was not accepted because of equal representation in the lower house. The third draft was presented by Muhammad Ali Bogra on 5 Oct 53, it is also known as the Bogra formula.

The proposal was a bicameral legislature, Lower House based on population, total 300 seats(E Pak 165, 4units of W Pak 135). Upper house to consist of 50 seats to be divided into 5 constituent units (10 each, E Pak, Punjab, NWFP, Sindh, Balochistan). It was considered the most suited proposal. In the meantime, the assembly passed a bill in Sep 1954 which made Governor General (GG) act on the advice of the PM. Ghulam Muhammad, the GG dissolved the assemblies on 24 Oct 54, his decision was upheld by the Supreme Court (SC) headed by Justice Munir under the law of necessity. However, Justice Cornelius wrote a note of dissent. Finally, PM, Muhammad Ali took the task of framing the constitution and Hussain Shaheed Suhrawardy of Awami League agreed to E Pak and W Pak both as one unit, unicameral legislation to be elected based on parity between the two provinces. National Assembly had 300 seats, equally divided.

The constitution of 1956 was passed on 29 Feb 56 to be effective from 23 March 1956. It was a parliamentary form of government; no law could be made against the teachings of Islam. The Dominion became the Islamic Republic of Pakistan after about nine years. Iskandar Mirza who was GG became the first President, and Chaudhry Muhammad Ali, PM.   The constitution-making was delayed mainly because political elites from W Pak were not inclined to give democratic rights to E Pak.  Finally, Awami League sacrificed their right. It is pertinent to mention that India had adopted the constitution on 19 November 1949 to come into force on 26 January 1950. It has never been abrogated or held in abeyance. The constitution of Pakistan could last only for two and half years. President Iskandar Mirza imposed martial law on 7 Oct 58.

The main reason, the constitution is unworkable and rampant corruption. Gen Ayub Khan C-in –C, Army deposed Iskandar Mirza and became president and CMLA on27 Oct 58. The second constitution of 1962 framed by president Ayub Khan’s government was a presidential form of govt. President head of state, as well as Chief executive. Unicameral legislation. Introduced Basic Democracy (BD) system, 40,000 from each province. The national assembly also had equal 150 members from each province.  The BD members were the electoral college for national and provincial assemblies, and the president. The president became autocratic, with less provincial autonomy, more powers with the center. This constitution was abrogated by martial law imposed by Gen Yayah Khan on 25 Mar1969.This was declared usurper by the SC. Justice Hamood ur Rehman had written in the Asma Jilani case (PLD 1972SC 139) that Gen Yahya Khan had no authority to abrogate the constitution of 1962 and impose martial law. Gen Yahya was not tried. He died on 10 August 1980 and was buried with military honors. If he had been tried and given punishment accordingly the chances of subsequent martial laws may have been considerably reduced. After the 1971 war, E Pak became Bangladesh and Zulfikar Ali Bhutto assumed power as the president and CMLA on 20 Dec 1971and continued till 15 April 1972 when the National Assembly adopted the India Act of 1935 with amendments as an interim constitution.

A committee comprising 25 national assembly members framed the constitution which was adopted with consensuses on 11 April to be effective from 14 August 1973.It is bicameral legislation; Senate has equal representation of four federating units total of 104 members. As per article 59 of the constitution, it includes four each, women, technocrats/ ulema, and one each non – Muslim from the 4 provinces. The provision for representation of all segments of the society has been considered. The strength of national assembly members is as per the population of the provinces. By article 51 of the constitution total seats are 342, which include,272general seats, whereas 60 are reserved for women who are elected through a proportional representation system of political parties from each province. Ten seats are for the non-Muslims who are elected through a proportional representation system of political parties from the whole country.

In the past 73 years, Pakistan has been governed by five constitutions (twice by the India Act of 1935, 1956, 1962, and 1973 in vogue), and four martial laws (1958, 1969, 1977, and 1999), and once emergency was imposed by Gen Pervez Musharraf, acting as Chief of the Army Staff, on 3 November 2007, and issued a Provisional Constitutional Order. This was declared illegal by SC, the case was tried in the court of law, the punishment was awarded, but the final decision by the SC is pending.  Four times elected governments were dismissed under article 58, 2(b) of the constitution, which gave discretionary powers to the president to dissolve the elected government. Gen Zia ul Haq dismissed the govt of Muhammad Khan Junejo in May 88, Ghulam Ishaque Khan(GIH) of Benazir Bhutto first govt on 5 Aug 90, and her second by president Farooq Legahari in Nov 96. President GIK in Jul 93 of Nawaz Sharif. These PMs had served only for two and a half years approx. This clause has been finally removed by 18th amendment on 8 April 2010.

From the foregoing, it is evident that we have made a lot of experiments to frame the constitution, and tried almost all methods of governance. Infect the country has been mostly governed by hit and trials. Now there is a lobby which propagates that the presidential form is more suited because it caters to include technocrats as ministers who are not members of the Senate or National Assembly. As already mentioned there is a provision of technocrats and Ulema to be nominated by political parties in the Senate. Moreover, in the 60 reserved seats of women and 10 non-Muslims in the national assembly technocrats may be nominated by the political parties. Besides, the PM can have advisors and special advisors in his cabinet who are non-elected. According to the website of the national assembly, the present government has 27 federal ministers, 3 ministers of state, 4 Advisors, and 16 Special Advisors (total 40). Probably this size of the cabinet has not been observed before. It is a burden on the exchequer.  Advisors and Special Advisors are non-elected, mostly enjoy the status of a federal minister or minister of state. Hence there is a provision to include technocrats who are non-elected as in the presidential form of government. Therefore, the need of the hour is governance in the true spirit of the present constitution.  Make the three pillars of the state, judiciary, legislation, and administration strong. Major other institutions are required to be strengthened to work strictly under the constitution, rules, regulations, and the oath taken by various authorities/personalities.

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South Asia

Growing insecurity in Rohingya Refugee Camps: A Threat to South Asian Security?

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A young Rohingya girl holds her brother outside a youth club in Cox's Bazar, Bangladesh. © UNHCR/Vincent Tremeau

5 years have passed since the Rohingya refugee influx in August, 2017.  Bangladesh is currently hosting 1.2 million Rohingya refugees in 34 camps in its southern district of Cox’s Bazar. The increasing rate of trans-border crime in those bordering camps is not only making the Rohingya refugees vulnerable and prone to crimes but also threatening South Asian security as a whole. The Rohingya community leader’s speech of “We don’t want to stay in the camps. It’s hell.” in the ‘Go Home’ campaign in 20th June, 2022, made us rethink about the security situation in the camps and how the safety and security of Rohingya refugees is linked to South Asian Security.

Security Situation inside the Rohingya Camps

More than 1,200,000 Rohingya refugees are now living in the camps in Ukhiya and Teknaf in Cox’s Bazar, making it the largest refugee settlement in the world. While Bangladesh has the ninth-highest population density in the world, around 40,000 to 70,000 refugees are living in per square kilometre in the Rohingya camps, which is 40 times higher than the average population density in Bangladesh. With no sign of repatriation combined with the lack of economic alternatives for Rohingyas and the difficulty in maintaining law and order in overcrowded camps, frustrated Rohingyas are increasingly becoming involved in criminal activities or being targeted by criminal groups.

Currently, around 14 armed criminal gangs are operating in the camps, in which seven gangs known as Hakim Bahini, Hasan Bahini, Sadeq Bahini, Nurul Alam Bahini, Nur Mohammad Bahini and Hamid Bahini are in Teknaf and seven gangs named Munna Bahini, Asad Bahini, Jamal Bahini, Manu Bahini, Rahim Bahini, Kamal Bahini, and Giyas Bahini are active in Ukhiya camps.

According to law enforcement agencies at least 10 groups among these are engaged in 12 types of crimes including murder, rape, kidnapping, drug smuggling and human trafficking. The fighting over controlling the camps among the armed gangs is also deteriorating the security situation inside the camps. A Rohingya refugee in the camps said in an interview, “Everything seems calm in daytime. After sunset, the situation becomes fully different.” As there is no police or army surveillance from 4 pm to 8 am, camps come under the control of gangs at night. They are equipped with weapons like lead meat choppers, knives and other made weapons.

According to Prothom Alo report citing the police, in the last two and half years, more than 50 Rohingyas have been killed in clashes between Rohingya armed gangs over establishing supremacy in the camp area, drugs and gold smuggling, money laundering and extortion.  Recently, the Armed Police Battalion (APBn) has recovered M16 assault rifles with 491 bullets from a camp in Ukhiya which indicates the worsening security situation in the camps. At night Rohingya women are also taken from their houses & are return in the morning. At least 59 women have been raped in the Rohingya camp. As crimes often go unpunished, no one in the camps has the courage to speak against the criminals. Sometimes, for ensuring own security, Rohingyas themselves, including children become engaged with smuggling, narcotics trafficking and other crimes.

As of May 2022,a total of 12,97 cases have been filed against 3,023 Rohingyas. Among them, 73 cases are in charge of murder, 762 are narcotics cases, 28 cases are filed on the allegation of human trafficking, 87 for illegal weapons, 65 are rape charges, 35 for kidnapping and ransom, 10 for robberies, and 89 are other cases related to crime and violence.

Besides, it is believed that Arakan Rohingya Salvation Army (ARSA), a Rohingya insurgent group are also active in Rohingya camps and made contract with a Jamaat-ul-Mujahideen Bangladesh (JMB). ARSA is not only relying on arms like AK-47s, M-22s, M-21s and M-16 rifles but also gaining support through other means. More than 500 madrassas in the Rohingya camps are  said to be controlled by an ARSA affiliates which will help ARSA to gain sympathy, spread propaganda and extend their network.

A Threat to South Asian Security

Since Cox’s Bazar provides a strategic route for smuggling and a shelter to Rohingyas refugees who have lack of economic alternatives, the bordering Rohingyas camps are turning into a breeding place for criminalities and the insecurity in the camps can threaten the security of the whole region.

Cox’s Bazar is used as a direct route from eastern India to Nepal for arms smugglers to reach Indian and Nepali buyer. United Liberation Front of Assam (ULFA), an insurgent group seeking independence from India, also buys arms from China and smuggles them using Bangladeshi ports and overland to India.

The Naaf river, the border between Bangladesh and Myanmar, is also the busiest drug route in the region. Almost 80% of Yaba enter in Bangladesh through Naikhyangchhari and 70% of them are stored in Rohingya camps before distributing them and Rohingyas are increasingly getting involved in peddling yaba for their survival.

Besides, drug trafficking, Rohingyas are also taking part in trans-border crimes, including human trafficking, extremism, arms fighting and the camps can be a potential base for extremist activities and the insecurity in the camps and border could transcend to Bangladesh anytime and create insecurity for the whole region of South Asia. As there is a growing concern over the recruitment of refugees by the extremist networks like Hizb-ut Tahrir and Jamaat-ul-Mujahideen Bangladesh (JMB), as well as by radical Islamist groups like HeI. It is also reported that the influence of HeI is growing among the traumatized and frustrated Rohingyas which could fuel militancy not only in Bangladesh but also across the South Asian region. Along with this, the Rohingya militant groups bordering Myanmar i.e.  Arakan Rohingya National Organization (ARNO), Rohingya National Alliance (RNA), the Arakan Rohingya Islamic Front (ARIF), and Rohingya Solidarity Organization (RSO) could also recruit from Rohingyas and threaten regional security.

From security perspective, ensuring the security of Rohingyas is directly linked to the security of the region Though Bangladesh has taken several measures to ensure the security of these displaced people, it is tough to maintain law and order in the densely populated camps near the border. Therefore, safe, sustainable and dignified return of these displaced people is the only solution. Since Rohingya refugees have also expressed their desire to go home through the “Go Home” campaign, in which thousands of Rohingyas in Ukhiya & Teknaf camps staged demonstration on World Refugee Day demanding their repatriation back to Myanmar. Bangladesh as well as the international community should act together to facilitate Rohingya repatriation to ensure the security of Rohingyas as well as the South Asian region before its too late.

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South Asia

Rohingya repatriation between Myanmar-Bangladesh

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Rohingya refugees fleeing conflict and persecution in Myanmar (file photo). IOM/Mohammed

Refugees find themselves in a situation of limbo because of the prolonged refugee scenario. They are neither eligible for repatriation nor do they qualify as citizens of the host nation or a third country. However, they must deal with the harsh reality of the nature of vicious politics because of the complexity of state systems and the institutional weaknesses of international institutions.

Prolonged refugees, according to UNHCR (2004), are trapped in an impenetrable and protracted condition of limbo. Despite not being in danger or facing threats, they significantly lack access to basic rights, financial aid, and support for their psychological and social needs. As they are pushed toward outside help, they feel unable to escape the core of forced dependence.

Are Rohingya refugees in some way contributing to an ongoing, serious refugee crisis? In relation to the Rohingya crisis, statistics from UNHCR shows that more than 0.7 million Rohingya fled to Bangladesh in 2017. There are 1.1 million Rohingya refugees in Bangladesh, the prime minister of Bangladesh stated in 2018 during the 73rd United Nations General Assembly.

For this South Asian emerging nation in 2017, the flow of this deluge was nothing new. These migrants have been entering Bangladesh since the 1970s after being forcibly uprooted by the military dictatorship.

According to a survey, there were around 0.25 million refugees in Bangladesh throughout the 1990s. Nearly 0.02 million people were returned after the 2000s, but the SPDC (State Peace and Development Council) and the Bangladeshi government’s inability to settle their differences has made this process difficult to complete.

The world’s most persecuted minority, who is clearly stateless and has strong proof of persecution and genocide on account of race, ethnicity, and religion, is currently being cared for by Bangladesh. The responses of international organizations like the UN and its branches like the ICJ and IOM are not positive enough for Bangladesh in this regard to produce a permanent solution.

West African nation Gambia filed a 35-page application with the International Court of Justice (ICJ) in November 2019 against Myanmar. The ICJ’s extraordinary victory in the Gambia v. Myanmar case regarding the ethnic cleansing and genocide of Rohingya people is the first of its kind. This was founded on an “erga omnes” premise, which periodically reports on the situation of the Rohingya.

However, Bangladesh continues to push for international organizations to take humanitarian action through the UN. Though this worry might attract their attention and drive them to consider ensuring human rights for these forcibly displaced persons, it has instead placed a heavy load on Bangladesh.

Tom Andrews, the UN special rapporteur on Myanmar, issued a warning to the international bodies regarding the Rohingya crisis just a few days ago during his visit to Bangladesh in December 2021. Bangladesh “cannot and should not bear this duty alone,” he said, urging foreign groups to express grave concern. He went on to say that Myanmar, not Bangladesh, was the origin of the conflict and where it will ultimately be resolved.

Bangladesh, a developing nation with a population of 160 million, is being horribly impacted by the Rohingya people in terms of social, economic, and political spheres. Rohingyas have been in a condition of limbo since at least 2017, which is now more than five years ago.

They have been relocated, assisted, and given security by Bangladesh and several international organizations, but they still yearn for a long-lasting solution.

Bangladesh has been taking every action imaginable to bring the Rohingya refugees’ home. Since the 2017 refugee inflow, the Bangladeshi government has worked with various international groups to promote peaceful voluntary repatriation; however, the Myanmar military junta has consistently resisted these efforts. Refugees from the Rohingya minority are currently suffering greatly as a result of the political unrest in Myanmar.

As Cox’s Bazar’s refugee camps are already overflowing with 1.1 million Rohingya refugees, the Bangladesh is moving them to Bhasan Char in order to provide for them improved living conditions.

International organizations had doubts regarding the safety and security of the Island; however, Bangladesh eventually persuaded them to cooperate. Bangladesh was left with no choice but to relocate some Rohingya refugees to Bhasan Char. Bangladesh now faces a security danger from overcrowded camps. The Rohingya camps in Bangladesh are home to numerous terrorist and armed rebel organizations. One of them is the Arakan Rohingya Salvation Army (ARSA). Despite the issues, Bangladesh has continued to push for bilateral discussions while also applying international pressure to the junta.

Myanmar, on the other hand, is a lawless state that disobeys international law and order. The arrangements established for the peaceful return of Rohingya refugees were broken.

In Myanmar, the regime has been increasingly hostile since the military takeover. Myanmar is utterly unwilling to help the Rohingya refugees develop a strong sense of desire for return. There is no “supranational” authority in anarchy, which is advantageous for Myanmar. It is now time for the international community to recognize that the Rohingya refugee crisis has grown into a regional security issue.

Myanmar-related news indicates a new genocide. the country’s rebel and protest groups are being repressed by the military junta with violence.

The Myanmar military is still buying new weapons from China and Russia, including the SU-30SME multi-role heavy fighter, the YAK-130 light attack advanced jet trainer, the K-8W advanced trainer, and Ming class attack submarine, among others, despite an arms embargo. The world community is concerned that these weapons could accidentally attack defenseless populations. A peaceful voluntary return will face further obstacles as a result of internal unrest in Myanmar.

The Rohingya catastrophe, which forced 1.1 million individuals to leave their country of birth due to state-sponsored persecution, was of a size that is easy to comprehend. When the state commits the crime, the environment becomes more hostile. The main duty of the state is to uphold the rights and interests of its citizens.

Refugees are currently skeptical of the military junta in Myanmar. They have a long and painful history of persecuting people. Therefore, persuading the refugees to return home voluntarily won’t be simple. Myanmar must extend their hands in mutually beneficial ways. More discussions between international parties, including the Rohingya, will build confidence and facilitate a peaceful voluntary return of the Rohingya refugees. Humanity and peace should ultimately triumph over all other factors.

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Why the implementation of the CHT peace agreement is still elusive?

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When the “Top boxer” of Bangladesh, for the past eight years, Sura Krishna Chakma raised the national flag of Bangladesh in the first-ever professional boxing tournament held in last month, it reminds the contribution of the UK Ching Marma and other minority people who fought valiantly in the Liberation war of Bangladesh in 1971.

Bangladesh began its independence journey with a population that is ethnically homogeneous, with less than 1% of the population being ethnically diverse. However, Bangladesh had struggled to deal with Chittagong Hill Tracts’ (CHT) tribal people as they have been waging an insurgency movement for autonomy. Later, Peace Accord was signed aiming to end the conflict in 1997. But, after 25 years of its signature, the treaty is still failing to instil trust among national political parties and factional groups. Currently, the situation in the CHT area is a complex mix of conflicts and negotiations. The area is also beset by ethnic tensions between indigenous communities and groups, interferences from neighbouring states, widespread poverty, resource scarcity, and low literacy rates.

Why peace in the CHT is still elusive?

In recent years, remote areas of CHT have become more prone to violence due to the involvement of various active groups in the area. The four ethnic political groups – PCJSS, Jana Samhati Samiti (Reformist-MN Larma), United People’s Democratic Front (UPDF) and UPDF (Ganatantrik) – in the region appear to be at odds with one another. They have no ideological disagreements but are involved in inter-conflict for narrow self-interest rather than protecting the minority rights. All factions have specific armed wings with advanced weapons such as rocket launchers, automatic sniper rifles, and heavy machine guns, according to law enforcement. They extort wood trade, cooking markets, livestock markets, transportation, and a variety of other services, each on their own turf. Ransom for the abduction of ethnic groups and Bangalis are also a major source of income. Contractors also have to pay at the rate of 10 percent of the original budget. To stay safe, locals were forced to maintain good relationships with all parties. They are compelled to pay monthly tributes to remain in their homes. There are even reports of indigenous women being abducted and raped by rival groups. They are so vulnerable and frightened that they do not even move after the sunset. The inter-group conflicts have claimed more than 1100 lives since the signing of the peace accord. Although according to the terms of the accord, the guerrillas were to surrender and surrender their weapons but many haven’t surrendered arms yet.

What’s to blame for the present unrest?

The agreement’s lethargic implementation has reignited separatist tendencies among the Paharis. Recently, the Kuki-Chin National Front (KNF), an insurgent organization of small ethnic group, demanded a separate state in CHT with full autonomy and threatened strict armed movement. Prior to this, The UPDF, a breakaway group, continues to oppose the treaty and seeks full regional autonomy.

The most pressing concern in CHT, however, is extensive Christianization among the tribal population. ‘Evangelization’ is generally carried out by the missionaries through a number of NGOs operating under the umbrella of “development partner.” Christian missionaries use money and other worldly trappings to entice poor tribal people to become Christians. So far, 4344 families in CHT became Christian in the last two decades and the number of churches increased dramatically from 274 in 1998 to 644 in 2022. It’s worth noting that more than a third of the Bandarban district’s tribal population is now Christian.

Impact of the Peace Accord on the Situation of ethnic People

Certainly, the Peace Accord made room and rendered opportunities for the CHT’s development. In these 25 years, comprehensive and systematic development efforts have contributed to the socio-economic development of the Pahari people, which immensely contributed in reducing the gap between the Pahari and Bengalis. Many tribes are well-integrated into mainstream middle-class Bangladeshi society, with officers and ambassadors serving in Bangladesh’s military and diplomatic corps.

With its contrasting topography of hilly terrains, immense lakes, wide-open spaces, as well as rich ethnic and cultural diversity, tourism industry flourished in the CHT. Tourism boosted due to the infrastructural projects connecting the remote and mystic parts with the main areas of the country and security ensured by the law enforcement agencies from the precarious hilly terrain to the remote bordering area. The treaty also integrated the CHT people into the mainstream economy, while permitting them to retain their specific ethnic and cultural identities.

The ‘Small Ethnic Groups Cultural Organisation Act 2010’ was passed in order to safeguard and foster the cultural expressions of Bangladesh’s small ethnic groups. Small ethnic groups’ rights are now more recognized by the government in Bangladesh than before. The development allocation per capita in the CHT districts is significantly higher than in the rest other districts. The government has amended some laws to allow for the implementation of the peace accord mainly the formation of the ‘CHT Regional Council’ and the ‘Ministry of CHT Affairs’, establishing the ‘Land commission’ to deal with conflicts over land and natural resource rights. The government is also gradually reducing military camps. The number decreased from 546 to 206. Another feature of post-agreement development in the hills has been the influx of development partners and the extension of NGOs and INGOs in the CHT area.

Way Forward

The first and foremost, the Bangladesh Government must take into cognizance the factors behind the failure of establishing peace in CHT areas to ensure peace in the hilly region. Secondly, the implementation of the remaining articles should also need to be prioritized. So far, out of 78 provisions, 48 provisions of the Accord have been implemented. Hill people strongly believe that the implementation of the Accord is the key to solving problems in the CHT. Thirdly, it is crucial to control the armed factions to evict violence and restore peace to CHT on an urgent basis. Fourthly, both the Hill and the Bengali people emphasize that land disputes need to be resolved immediately. And finally, there is a need for consolidating the progress achieved so far.

Nevertheless, an established misconception is prevailing among the hilly people that their voices are not heard and they are treated differently from the rest of the Bengalis. To eradicate this misconception and build trust and harmony, more initiatives should be undertaken by the government.

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