However, in the unitary State of Bangladesh, the Constitution
avoided any mention of indigenous people; instead, limited
as well as insufficient affirmative measures were given
validity by calling them a backward section of society. No
doubt, centuries of systematic oppression and discrimination
made the hill people vulnerable, and economic affirmative
action is badly needed to ameliorate their economic status.
But perceiving this backwardness in terms of culture and
tradition begs the proposition question. Besides, special
arrangements to facilitate political participation of hill
peoples, by restricting a number of human rights of majority
Bengalis, contradict a number of fundamental rights
guaranteed to all citizens of the country. On April 12-13,
2010, the High Court Division declared illegal some important
sections of the ‘Chittagong Hill Tracts Regional Council Act’
and found the Accord, though a political issue, a violation of
the spirit of the Constitution following two separate writ
petitions filed by one Badiuzzaman and Advocate Tajul Islam.
Later, a seven-member full bench of the Appellate Division
led by the then chief justice gave an order of stay on the HC
verdict until the appeal was dissolved.
Paradoxically, the legality of peace agreements under the
Constitution or international law is not usually the prime
concern of various contending parties in conflicts. Often,
such agreements are the products of grave pragmatic needs
in the absence of any better option. The CHT Peace Accord of
1997 is not any exception here. In the face of insurgency and
the ensuing massive violation of human rights, as well as
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