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 50

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