Indigenous women in CHT increasingly becoming victims of violence
designed to displace them
Tamanna Khan
Rape has become a most pervasive crime against
indigenous women in the Chittagong Hill Tracts, and the perpetrators in
majority of the cases are Bangalee settlers, lawyers and rights activists
say.
The idea behind this is to create panic among
indigenous women and thus force them to leave their homes and stay somewhere
else. This makes it easier for the settlers to occupy their land.
Before the signing of the peace treaty between
the government and the Parbatya Chattagram Jana Sanghati Samiti in 1997, rape
was used as a weapon to suppress the indigenous community's movement for
autonomy, said Samari Chakma, a lawyer and rights activist in
Khagrachhari.
"But over the past few years, incidents of
rape have increased to evict the hill people from their land," she told
The Daily Star.
Between January and April this year, 15 cases of
violence against indigenous women have been reported in the region. Of them,
eight were rape incidents and two murders after rape, according to a report by
Kapaeeng Foundation.
LAND OF FEAR
The foundation's 2013 report shows that between
2007 and 2013, some 175 incidents of violence against women took place in the
three hill districts -- Rangamati, Khagrachhari and Bandarban. As many as 49 of
them were rape and gang rape.
"Minor girls, particularly those below 18,
are the most common victims. Many are murdered after rape," said Tuku
Talukdar, convener of Narir Proti Sohingsota Protirodh Andolon, a
Rangamati-based rights organisation. Young girls usually fall victim on their
way to and from school or when they go to nearby bushes to collect firewood or
bring their cattle home, added Tuku, also an advocate.
As a result, it is becoming increasingly
difficult for women and young girls to come out of their homes alone, something
they did without fear even five to six years ago.
And even as such violence against women rises,
the perpetrators go unpunished or even unidentified.
Between January 2010 and December 2011, 22 cases
were filed for rape in Bandarban, 36 in Khagrachhari and 37 in Rangamati.
Trials in several cases have ended, but not a single accused was convicted,
according to a study by the Chittagong Hill Tracts Commission.
"Most perpetrators have links with local
Bangalee councils or influential political leaders of the Awami League, BNP and
Jamaat. They often try to prevent the families from reporting to the police by
settling the matter with money," said Tuku.
In other cases, victims do not report those
because of the social stigma associated with it.
According to the Kapaeeng Foundation report, four
of the eight rape incidents between January and April this year have been
reported to the police.
Weak charge sheets, language barriers faced by
the indigenous community at police stations and courts, where most of the
officials are Bangalees, weaken the cases, according to lawyers.
Samari cited the example of a Tripura girl who,
already overwhelmed by the trauma of recounting the assault, failed to properly
relate the incident to the defence lawyer during cross-examination in the
court.
This will certainly give the accused some benefit
of doubt and may weaken the merit of the ongoing trial, lawyers said.
In some cases police do not take the complaints.
In other instances, they write the first information report ignoring the
victim's statement, said Tuku.
Then there is the lengthy legal process.
"The dates of hearing are set so far apart
that the accused often get bail in the meantime and threaten the witnesses and
the victims," said Shefalika Tripura, executive director of Khagrapur
Mohila Kalyan Samity, an NGO that provides legal help to rape victims.
'IT'S ALL ABOUT LAND'
Nobomohan Tripura, whose mother was raped and
killed in September 2009 over a land dispute, described how all the five
accused have been threatening his family since.
"Four accused were arrested but they came
out of jail after getting bail from the High Court. They have been threatening
us to withdraw the case.
"They say I will meet an end like my mother
if I do not comply," he said, adding that they cannot go near their land
out of fear.
Shefalika of Khagrapur Mohila Kalyan Samity said,
"Had there been conviction in at least one case, people would have
received a message and refrained from committing such crimes."
Another problem cited by lawyers and rights
activists is tampering with the medical report in many rape cases.
Both Samari and Tuku alleged that doctors in the
hill districts have been ordered by the higher authorities to produce negative
medical examination report in cases of rape by Bangalee settlers to prevent
communal tension.
Samari gave the example of Sabita Chakma's case.
The 30-year-old was raped and killed on February 15 this year, allegedly by
three Bangalee sand collectors.
The medical examination report came out negative
though Sabita's body was found almost without any clothes, said Somari.
Sanjib Tripura, residential medical officer of
Khagrachhari district Sadar hospital where the examination was done, said all
the tests were conducted as per the due procedures and reports were given based
on the findings.
But he declined to speak about any particular
case.
The troubles in the hills have a link with the
non-implementation of the peace accord, according to Meghna Guhathakurta, a
researcher and advisor of the CHT commission.
Because of the government's failure to keep its
promise, Bangalee settlers have continued to occupy the land that once belonged
to the indigenous community, she said, adding that there was no trust between
the two peoples there.
"The issue of land grabbing has created this
mistrust in the hills where sexual violence is part of the day to day conflict,"
she said.
Under the peace treaty, no one can buy, sell,
lease or even transfer the ownership of land there without the prior permission
of the CHT regional council. But the authorities have failed to ensure
this.
Contacted, Rangamati police superintendent Amena
Begum denied that police were reluctant to take rape case.
"There is a strict order that they must
inform the SP or their senior officials whenever such an incident takes place.
If we come to know of the incident from the media or any other sources, then
the police officer is held accountable."
She, however, said attempts were often made by
indigenous community leaders or Bangalee union chairmen or members to settle
the rape cases out of court. "We are trying to build awareness to prevent
this."
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Source: http://www.thedailystar.net/backpage/rape-used-as-weapon-35181