The problem in the Hill Tracts is more humanitarian than constitutional and efforts should commence at once both at the governmental and NGO level to deal with the situation there. Government has to take bold and imaginative measures for the psychological rehabilitation of the refugees and ex-Shanti Bahini Cadres and in creating jobs for them.'IT was in the latter part of the eighties that I became intimately acquainted with the Chittagong Hill Tracts and its problems. As High Commissioner to India I was made a member of the National Committee on the Chittagong Hill Tracts. In 1986 alone, more than sixty thousand tribal refugees from the Hill Tracts had sought refuge in Tripura of India. This bilateral dimension of the problem was the reason for my inclusion in the Committee. which was chaired by Air Vice Marshal (Retd.) A.K. Khandkar, who was then a Minister in the Ershad Govern-

One visited the area a number of times during that period for talks with the tribal leaders. A series of protracted talks ultimately led, in 1989. to the formation of three District Local Government Councils in Rangamati. Khagrachari and Bandarban. A year earlier, in 1988 I had the experience of having been the first Bangladeshi official to visit the refugee camps In Tripura. It was at once a traumatic and disconcerting experience — traumatic as one saw thousands of refugees living there in dreadful conditions, and disconcerting, because in those camps of anger and frustration, no Bangladeshi official, even a well protected High Commissioner. could be sure about his physical security.

A lot has happened since then. Both the Government and the Shanti Bahini have shown wisdom, political courage and farsight in signing the Peace Treaty. As the Treaty itself puts it, it was done 'changing, amending, incorporating and writing ofF the 1989 District Council Regulations. The work done in 1989 did not therefore go in vain. Thankfully, the last refugee has now returned from Tripura, and the stage Is now set there, insplte of the largely politically motivated opposition to the Treaty, for a constructive and Indeed exciting phase of development in that region. This region of ours Including Srl Lanka. India and Pakistan, is replete with instances of political leaders falling "to put stitch in time". But the Hill Tracts, thanks to the wisdom and farsight shown in concluding the Treaty, has turned out to be an

exception.

My recent extensive visit to the remote regions of three districts of the Hill Tracts as a Development Worker of BRAC, accompanying its Executive Director, Fazle Hasan Abed, was qualitatively different from my earlier visits. One was then mainly concerned with ending the insurgency situation there, whereas on this occasion it was to determine the ways in which an NGO like BRAC could participate in the poverty alleviation and empowerment of the abysmally poor tribal and nontribal population of the region. This time travelling freely, one saw and learnt a great deal about the region, its inhabitants and their problems. On this occasion one could savour, unfettered by a feeling of security. the breathtaking beauty of the region and imagine its immense possibilities.

A word about the opposition to the Peace Treaty. One did see, particularly in the fringe areas of the Hill Tracts, inhabited by Bengalis in large numbers, black flags, fluttering as It were, more In ignorance than in protest. For. as one talked to the Bengalis, one realized, and many of them indeed admitted, that they had been the victims of short sighted and motivated propaganda. The failure of the government machinery to explain the salient points of the Treaty did not help matters either. But as time elapses and there is progress on the ground the Bengalis are realizing that much of their initial fears about the outcome of the Treaty had been unfounded.

It is now becoming apparent to the majority of the inhabitants of the region that steps taken to protect the interests and security of the minuscule tribals, and special administrative arrangement for the progress and development of the region do not indeed affect the "Sovereignty and territorial integrity" of the hill Tracts. They realize that the return of the thousands of refugees, from Tripura, has been possible only due to the security guarantees

that the Treaty offers and that it is with the sincerest desire of leading a peaceful and productive life that hundreds of Insurgents have bld farewell to their arms after well over a decade. There is still dissatisfaction and anger in some of the tribals that the Treaty has not gone far enough to protect their interests and to secure their future. One believes that as the situation now evolves on he ground, and as friendship, amity and trust between the tribals and nontribals develop, these tribals will see to reason. Their uncertainty. in the backdrop of a bitter and bloody period of Insurgency. has to be dealt with maturity. reassurance and understanding. As for the Bengalis, both inside and outside the Hill

Tracts, who maintain that the terms of the Treaty are unconstitutional. the constitutional path would be to move the Supreme Court. Agitation on the streets would lead to nowhere.

Here, one can only say that the Peace Treaty commences with the unambiguous assertion that it has been framed. "Keeping full and unswerved allegiance in Bangladesh's state sovereignty and territorial integrity in Bangladesh's Chittagong Hill Tracts region under the Jurisdiction of the Constitution of the People's Republic of Bangladesh." It also clearly states that the agreement has been reached "to uphold the political. social, cultural, educational and economic rights of all the people of Chittagong Hill Tracts region, to expedite socioeconomic development process and to preserve the rights of all

the citizens of Bangladesh and their development". There cannot of course be anything unconstitutional in this clearly expressed intention. It has been argued that the creation of the Chittagong hill Tracts Regional Council goes against the constitution. Chapter III, Section 59(1) and (II) of the constitution states that local government in "every administrative unit of the Republic shall be entrusted to bodies composed of persons elected in accordance with law". It Is also stated that 'subject to the constitution and any other law', they shall perform "within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to (a) Admin-

istrative and the work of Public Offices, b) the maintenance of public orders and (c) the preparation and implementation of plans relating to public services and economic development". The Regional Council in the Hill Tracts therefore is in conformity with the constitution and is In full recognition of Its sovereignty. It should also be noted by the critics of the Peace Treaty that Article 60 empowers the Parliament to confer powers on the local government bodies, "Including power to impose taxes for local purposes to prepare their budgets and to maintain funds".

Some have alleged that the Treaty restricts the freedom of movement of the citizens and their right to own property. Articles 36 and 42 of the Constitution respectively state that these will be enjoyed by the citizens. "subject to any reasonable

restrictions imposed by law in the public interest" and "subject to any restrictions imposed by law". The conditions imposed in this regard in the Treaty are not only reasonable, but also, in view of the situation of that area, desirable. It has also been said that the creation of a Special Ministry for the Hill Tracts and the provision for a Tribal Minister are against the Constitution. Article 56(1) of the Constitution stipulates that there shall be ministers, "as may be determined by the Prime Minister" and article 136 confers power "for the reorganization of the Service of the Republic". The Treaty is Intended to bring the people of the Chittagong Hill Tracts, both tribal and non tribal within the mainstream of the country's development. One should therefore think twice, before casually dismissing for criticisms sake, a set of forward-looking and innovative administrative measures as unconstitutional.

It Is, they say, never the same after a war and special care has now to be taken to deal with the emerging situation in the Hill Tracts. The psychological rehabilitation of the returning refugees may be easier to accomplish than that of the members of the Shanti Bahini, who have Just surrendered their weapons. Creating Jobs in the region may not be enough and special efforts will have to be made to absorb the members of the Shanti Bahini in areas outside the Hill Tracts. Chakmas constitute the single largest of the 13 groups of tribals in the region and as one of their leaders put it to us. the Chakmas were mainly agriculturists, who turned to education only when their homes, hearths and agricultural lands were submerged by the Kaptai Lake built in the sixties to produce hydro-elec-trlcity. The percentage of educated among the Chakmas is higher than the national average and many of them took to arms in the seventies and the eighties. Now, as peace has hopefully dawned in the region, he agreed that they should be

helped in developing their entrepreneurial skills. But then most of the other tribes are poor and illiterate, so are the nontribals. The percentage of literacy in Rangamati is comparatively high at 44 per cent (mostly because of the Chakmas). In Rangamati it Is 26.3 per cent and in Bandarban 26.3 per cent. Female education is lagging behind. In Thanchi Thana of Bandarban. for instance, the percentage of female literacy is as low as 4.6 per cent. Collecting and selling of firewood in the market is the principal occupation of many of the tribals. During the monsoons when it is difficult to collect firewood they are short of cash money and nave to live off the Jungle mostly by eating bamboo shoots that grow wild. In the winter as they can hardly afford warm clothes, they find it cheaper to keep warm at night by keeping awake burning firewood. preferring to sleep Tn the comparative warmth of the daylight. People have hardly any access to cash money needed for even the most rudimentary entrepreneurial capacity. Health conditions are extremely poor in the region where malaria is endemic and fatal diarreal disease prevalent.

One is therefore constrained to point out to the critics of the Peace Treaty that the problem in the Hill Tracts is more humanitarian than constitutional and that efforts should commence at once both at the governmental and NGO level to deal with the situation there. Government has to take bold and imaginative measures for the psychological rehabilitation of the refugees and ex-Shantl Bahini Cadres and in creating jobs for them. The NGOs must move into the area in a well-concerted fashion not only in the field of microcredit but also in the areas of education and health. The region, rich in natural resources and in agriculture has tremendous potentiality. The Kaptai Lake and the surrounding areas are ideal for developing tourism in a big way. But the immediate imperative is to take urgent poverty alleviation and empowerment measures among the population, who have long been victims of a situation, not indeed of their making.