Rangamati Riots Looking back to go forward [including, issue of Multi-ethnic police] Devasish Wangza - January 17, 2015 Another ethnicised riot The Rangamati riots of January 10-13, 2015 are yet another incident of ethnicised violence in the Chittagong Hill Tracts (CHT). The district administration prohibited unlawful assemblies and imposed curfew. There was some property damage and injury, but no large-scale violence. The Deputy Commissioner (DC) held a meeting with local leaders on January 12, which was followed by a “peace rally” by people from different ethnic groups. The district administration and security forces role As antidotes to an imminent, on-going or just-concluded riotous situation, these measures were perhaps justified and rational but not from the standpoint of prevention and deterrence. Un-learning history and applying invisible policies We are not learning from history. Otherwise, the report and recommendations of the Inquiry Committee of the September 2012 Rangamati Riots would have been discussed for all they are worth. But references to the past were discouraged. The officials cant be blamed. They are merely following “policy.” But neither the government nor the major ruling party (or other major parties) has a CHT Policy. Then how do policy-makers guide CHT officials? Unfortunately, such guidance all too often consists of commissions and omissions in high-level directives that are overwhelmingly unwritten, often haphazard, sometimes self-contradictory, occasionally arbitrary, frequently reactive and, inevitably invisible to the public. Impunity again: Whither deterrence? The aftermath of the September 2012 Riots in Rangamati—overshadowed by the more infamous Ramu incident of the following week—exemplified a continuing trend, that of impunity. The rioters went undetected and un-punished. The case of the attackers of the CHT Commission members of July 2014 is essentially similar. The impunity to the rioters and arsonists of May 20, 1992, was even more blatant. While punishment to law-breakers is not the only remedial measure, by undermining the real and potential value of deterrence through punishment, the states message to would-be rioters effectively amounts to saying, “Go ahead. You can riot again. No one will punish you.” Distinguishing rioters from private defenders In any process to punish the real rioters, we must distinguish the attackers from those who sought to defend their lives, bodies and property in accordance with law. The defenders were Rangamati-dwellers who took up defensive positions within their localities. Both in 2012 and last week, armed rioters were seen moving about within the towns thoroughfares, away from their places of residence (outside of Rangamati?). Having ordinary citizens invoke the Right of Private Defence signifies their lack of confidence on state-led security measures. It was disheartening to see pre-teen boys carrying sticks to “defend” themselves against attackers (real or imagined)! Pahari perceptions of Bangali bias Eyewitnesses of the September 2012 incidents told me that rioters armed with knives and sticks that openly passed through major thoroughfares of Rangamati in daytime and committed violence were “Bangalis.” There were similar allegations on last weeks incidents too, but the number of the rioters in the latter case was smaller. This is a very widespread belief within the Pahari community. For the sake of long-term peace, ethnic harmony and stability, this allegation needs to be looked into and the truth or otherwise uncovered. If indeed there were Pahari rioters, they too need to be identified and punished. Pahari-Bangali peace alliance Most Rangamati-dwellers, Pahari and Bangali alike, are law-abiding and peaceful. Both in September 2012 and recently, many Paharis and Bangalis jointly exposed false rumours, stood by each other and even provided shelter and safety to members of the other community. It is therefore clear that peace-loving Rangamatians can unite, irrespective of ethnicity, and isolate the violent elements. Advertisement Recommendation on independent commission of inquiry and multi-ethnic police I wrote to the DC, being legally mandated to advise him. Firstly, I suggested that a Commission of Inquiry be constituted, and secondly, that police from different ethnic, linguistic, religious and birthplace backgrounds, including women be deployed (women often bring their unique peace and integrity dividends). I stressed that the commission should be high-powered, independent and impartial, and with adequate authority backed by penal sanction, such as by establishing it under the Commissions of Inquiry Act 1956. Previous inquiry commissions on the CHT Independence and impartiality can be ensured through persons of expertise and integrity. The commission could be led by a retired judge of the Supreme Court and include civil society members. In the past, Supreme Court judges were appointed as single-member Inquiry Commissioners (Logang, 1992 and Nanyasor, 1993) or as heads of multiple-member commissions (Kalpana Chakma, 1996). The invisible reports A long-standing malaise in the CHT is to not make public the reports of Inquiry Commissions and to refrain from acting upon their recommendations. Therefore, the commissions terms-of-reference must be appropriate and its report made public and acted upon. Multi-ethnic police It is widely believed that having multi-ethnic police would (a) facilitate intelligence gathering; (b) provide insights into relevant social, cultural and ethnic dynamics; (c) help prevent ethnic discrimination; and (d) instil public confidence about the neutrality of the government and the police. Allegations of biased security action versus professional and non-discriminatory conduct In the case of the May 1992 incidents, I had heard of several allegations about “pro-Bangali” and “anti-Pahari” conduct on the part of the almost 100% ethnically Bengali security personnel (police, military and para-military). I heard of fewer such allegations for the September 2012 events (the District Police now included a few Pahari personnel) and, so far, none for last weeks incidents. On the whole, the conduct of the police, military and BGB in last weeks case was regarded as restrained and efficient, and hence, commendable. However, we must not expect security personnel to act like saints in all cases. They are human beings behind their uniforms. Training and departmental discipline may deter unlawful and discriminatory conduct, but not always. Therefore, the need of an ethnically mixed police force, including Paharis, remains. Law and order under the District Councils and police-military cooperation The District Councils Laws of 1989 provide for the management of law and order and the appointment of local police from the different ethnic groups by the concerned councils. The law, however, has not been acted upon. Such policy neglect needs to be reversed. The army, along with the BGB, can and should be deployed, where necessary, to aid the police. But in the ordinary case, prevention of riots ought to be treated as an ordinary policing matter. It is the police who are trained to handle such matters, not the military. Examples of ethnically mixed policing There are examples in numerous countries, such as UK and USA, where racially mixed police were deployed to quell race riots, with positive results. I saw Pahari-Bangali police in Tripura State, even though insurgency by a few indigenous guerrilla groups was then still continuing. The way ahead? I hope that the pessimistic prognosis I have hinted at will be proved wrong and the midnight slumbers of Rangamatians will not be shattered by the screech of sirens and loudspeaker announcements, and parents wont have to clumsily and hesitantly define “curfew” and “Section 144” to their pre-teen children. The writer is the Chakma Raja, Chief of the Chakma Circle, a barrister (an Advocate at the High Court Division of the Supreme Court of Bangladesh) and a member of the UN Permanent Forum on Indigenous Issues. Published: 12:01 am Saturday, January 17, 2015 Last modified: 12:22 am Saturday, January 17, 2015 thedailystar.net/rangamati-riots-60264
Posted on: Fri, 23 Jan 2015 08:17:06 +0000
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