Chittagong Hill Tracts: Violations by the state sponsored para-military group, PCJSS (Santu) and other non-State actors & how the UN Human Rights Office shall deal with

There are many non-State actors in the Chittagong Hill Tracts.

International human rights and humanitarian laws are very clear on the responsibilities of the State and non-State actors on violations. It is only the State agencies which violate human rights – it is only the State which can ratify a human rights treaty. The non-State actors cannot ratify a UN Treaty.

The crimes committed by non-State actors in most cases are treated as ordinary crimes, underpinning the cardinal principle of universal human rights law – responsibility of the State to ensure rights. In the worst case situation, non-State actors can commit war crimes defined under International Humanitarian laws and the Rome Statute of International Criminal Court. Non-state actors can however ratify Optional Protocol-II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).

In the case of the Chittagong Hill Tracts, the Jana Samhati Samiti (Santu) enjoys the power of the CHT Regional Council under the CHTs Regional Council Act, 1998. Therefore, the PCJSS’s armed wing is a State sponsored para-military group. In Colombia, we had seen such State sponsored para-military groups, under pressure from the UN Human Rights Office, the Colombian government was forced to register criminal cases. The Bangladesh government is responsible and liable for the conduct of the para-military groups run by the organisation holding powers in various legally instituted organisations such as the CHT Regional Council.

The Office of the High Commissioner for Human Rights is starting its office soon. The conduct of the state sponsored para-military group will be more in focus. They are also more accessible including for prosecution.

I urge all the non-State actors to not commit any violations.