Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Bangladesh (Ratification: 1972)

1. In its comments in recent years, the Committee has noted the existence of a continuing conflict in the Chittagong Hill Tracts region of the country, where some 600,000 tribal people live. It recalls that there had been an influx of non-tribal people into that region, conflicts had resulted, and a number of tribal refugees had fled the region into India. Representatives of the Director-General visited the country and held extensive discussions with the Government, and Government representatives have discussed the situation with the Conference Committee on several occasions. New legislation was adopted in 1989 to establish "Hill Districts Local Government Councils", handing control over aspects of local affairs to local government councils with a majority of tribal representatives. The Committee raised a certain number of questions in its previous observation as to the working of these councils, and on the present situation more generally.

2. The Committee notes that the Government has replied very succinctly to its detailed questions. Given the concern with which it has viewed the application of this Convention in Bangladesh over the years, and the information it continues to receive that the situation of conflict is not yet resolved, it hopes that the Government will furnish more detailed information in its next report.

3. Legislation in force. The Committee notes with interest that the Chittagong Hill Tracts Regulations (No. 1 of 1900), are still valid as the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989, has not entered into force. It notes the statement in the report that all the rights and privileges of tribal people provided for under the Regulations therefore continue to prevail. Recalling the concern with which some tribal representatives have viewed the possibility of repeal of the 1900 Regulations, which they feel would remove the recognition of their special status in the CHT, the Committee would be grateful if the Government would indicate what plans it may have in this regard.

4. Articles 11 to 14 of the Convention: Power of the Local Government Councils to allocate land rights. The Committee noted in its last observation that it had received information from non-governmental organisations that the land area under the control of the new local government structures is less than 10 per cent of the total area of the Chittagong Hill Tracts. If true, this would considerably reduce the power of the councils (which have a majority of tribal members) to control immigration and to allocate lands. The Government has indicated in its report that the entire area of the Chittagong Hill Tracts is under the jurisdiction of the three District Councils. It has also referred, however, to section 64 of each of the three Councils Acts, which provides that the Councils' power of disposition of lands does not extend to:

protected and reserved forests, nationalised industries and mills areas, lands transferred or given in settlement of Government public interest, and lands or forests which may be required by the Government in the public interest.

5. The Committee notes in this connection from a recent publication of the International Work Group for Indigenous Affairs, that forest lands and reserved forests make up some 77 per cent of the land in the Hill Tracts. It notes also the statement in the Government's report that it has undertaken to settle about 24,000 tribal people in phases, allotting to them money and about 4 acres of land per family. The Committee understands that this settlement would take place on Government-controlled lands.

6. It appears, therefore, that the Local Government Councils are able to control land allocation in only a small portion of the Hill Tracts, with the central Government controlling the rest. Please indicate what policy has been adopted by the Government concerning the allocation of land to tribals and non-tribals, and whether allocations of land have been made to non-tribals in these areas. The Committee notes in this connection the statement that no fresh settlement of non-tribal people has taken place in the Hill Tracts since 1984.

7. The Committee notes further in this connection the statement in the report that the cadastral survey of land ownership and rights in the Hill Tracts, which was to have been resumed after the council elections in 1989, has not in fact been resumed. It notes further that the absence of this survey is impeding the settlement of landless tribals. Please indicate whether the survey has now been resumed, and if not what is planned in this connection. If the survey has been carried out, the Committee would be grateful if the Government would indicate its results.

8. Planning and execution of development projects. In its previous comments the Committee had asked for information on the continuing existence of the National Committee on the Chittagong Hill Tracts, and on the creation of the Special Committee on Hill Tracts Districts in 1989. It notes from the Government's report that the National Committee has ceased to function, having made the recommendations leading to the adoption of the legislation creating the Local Government Councils. In response to the Committee's request for information on the activities of the Special Committee, the Government has indicated simply that its "main thrust so far has been on establishing the Local Government Councils on a firm footing". The Committee hopes that more detailed information will be included with the next report, including if possible, a copy of any periodic reports the Special Committee may have made.

9. In reply to its request for detailed information on the planning and implementation of development activities in the Hill Tracts, the Government has replied that the chairmen of the Local Government Councils also preside over the District Development Coordination Committees that coordinate the activities of the various nation-building departments of the Government; and that the Chittagong Hill Tracts Development Board has an advisory body that has several high-level tribal representatives as members. The Committee had hoped to receive more detailed information on the practical arrangements for coordination of development activities, and on the activities which have actually been carried out. It hopes that the Government will provide such information in its next report, again including if possible copies of any periodic reports which may have been issued on such activities.

10. Progress in achieving a negotiated settlement of the conflict and the return of tribal refugees. The Committee had noted in its previous comments the continuation of conflicts in the Hill Tracts and that many thousands of tribal refugees had fled to India. It regretted that the Government had provided no additional information in this connection, and requested it to provide information concerning: (a) the number of tribals who have not yet returned to their homes; (b) talks between the two Governments concerned and other measures taken to facilitate the return of the tribals; and (c) generally, on the security situation in the Hill Tracts and on measures to create a situation in which the tribals will wish to return. In the absence of any further information on these questions, the Committee again requests the Government to reply to them in its next report.

11. Situation of other tribal populations of Bangladesh. The Committee recalled in its previous comments that it had paid particular attention in recent years to the situation of the tribal people in the Chittagong Hill Tracts, but that there are a number of other tribal groups in the country. It asked the Government to provide information on any measures it might have taken concerning them. In reply, the Government has referred to its 1989 report; this report, however, did not contain the information which the Committee has requested. The Committee notes also that the Food and Agriculture Organisation of the United Nations, which is associated with the supervision of this Convention, has informed the ILO that there are some conflicts between the Garo tribal people (who live outside the Chittagong Hill Tracts) and the Forest Department. The Committee therefore repeats its request that the Government provide information in its next report on the situation of the tribal people in the country outside the Chittagong Hill Tracts as well.

[The Government is requested to report in detail for the period ending 30 June 1992.]