Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

1. The Committee notes with interest the more detailed report communicated by the Government in reply to its previous comments, as well as other documentation including the Government's report to the United Nations Committee on the Elimination of Racial Discrimination, and the 1991 report of the Chittagong Hill Tracts Commission which has been submitted to the United Nations.

2. The Committee notes the Government's statement in reply to its previous observation that there is no continuing conflict in the Chittagong Hill Tracts (CHT) region of the country except for sporadic incidents attributable to armed gangs from neighbouring countries, and that both tribals and non-tribals are the victims. The Committee also notes the statement that the local law enforcement agencies take appropriate measures for the protection of the life and property of the inhabitants, and that the District Local Government Councils, functional since 18 February 1989 (Acts Nos. 19, 20 and 21 of 1989), have contributed to improving the law and order situation. It also notes that the reports of the District Local Government Councils will be sent in due time.

3. The Committee notes, however, that it continues to receive allegations from various sources, including information submitted to United Nations bodies, of persistent human rights violations in this region including detailed allegations that on 10 April 1992 the tribal village of Logang (about 600 houses) was destroyed by non-tribal settlers, civilian defence forces (Village Defence Party, VDP) and paramilitary forces (Ansars). Some reports state that hundreds of tribal villagers were killed and that the military took no preventive action. The Committee notes that an inquiry commission into the Logang incident concluded that those responsible were the non-tribal settlers and security forces, and that the number of persons killed was much lower. The Committee recalls its earlier recommendation to the Government to conduct impartial and thorough investigations of human rights violations, with tribal participation. The Committee emphasizes that it treats such reports with caution, but remains concerned that the life and property of the tribal population are not adequately safeguarded as prescribed by Convention No. 107 and provided in the Constitution of Bangladesh. The Committee would be grateful if the Government would provide information on the conditions under which the inquiry was conducted, the extent of tribal participation, measures of reparation which may have been made to the affected tribals, and any sanctions taken against the persons found to be responsible.

4. Legislation in force. The Committee recalls that in its previous observation it referred to the concerns of the tribal representatives over the possibility of repeal of the Chittagong Hill Tracts Regulations (No. 1 of 1900). The Committee notes from the Government's report the statement that the provisions of the Regulations regarding special rights and privileges enjoyed by tribals have been incorporated in the Hill District Local Government Council Acts (Acts Nos. 19, 20 and 21 of 1989) and in the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989. Please indicate whether the 1989 Act has now come into force, and the mechanisms applicable to resolve any divergencies that may arise between the 1900 Regulations and the Act. Please also indicate whether the 1900 Regulations are still in force.

5. Articles 11 to 14 of the Convention: Power of the Local Government Councils to allocate land rights. The Committee recalls that in its previous observation it referred to information received from a non-governmental organization stating that the new local government structures would have the power to regulate the allocation of less than 10 per cent of the total area of the CHT; this would imply greatly reduced powers by the councils - which have a tribal majority - to control immigration into these areas. The Committee notes with interest the statement in the report that this information was not correct, and that the area under the control of the Local Government Councils, under section 64 of the Act, is over two-thirds of the total area (excluding forest land and reserved forest, as well as lakes, the size of which are said to have been overstated by the non-governmental sources). The Committee would be grateful for information on the allocation of lands actually made so far in the CHT since the District Councils took up their functions.

6. The Committee notes the information that the cadastral survey of land ownership and rights in the CHT is to be resumed in 1993. The Committee recalls that some 45,000 tribal people have taken refuge in India as a result of the continuing conflict in the CHT, of whom the Government states in its report some 28,413 have now returned to the region with an option to go back to their original homes or to resettle in villages. It also recalls that many thousands of non-tribals have been settled in the Hill Tracts area, often on the lands traditionally occupied by tribal families. The Committee expresses its concern that a cadastral survey which is conducted under these conditions might have adverse effects on the land rights of the tribal people. The Committee notes further that the cadastral survey was postponed at the request of the tribals in the context of the ongoing negotiations with the Jana Sanghati Samity (JSS), a political party of the tribal people. It therefore hopes that appropriate procedures will be established to resolve land claims by tribals for the recovery of traditional lands, whenever necessary, and that the refugees in India will be repatriated to their homes prior to conducting the cadastral survey in the CHT area.

7. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes from the report the statement that the Government's efforts have fostered confidence among the tribal population of the Government's intention to: (i) protect their fundamental human rights and distinct ethnic and cultural identity and existence; and (ii) to find a durable political solution to the problems in the region. The Committee notes, as mentioned above, the return to the CHT of many of the tribal refugees. The Committee notes from the report that there is a bilateral agreement between India and Bangladesh to arrange a speedy repatriation of the tribal population of the CHT. Please provide detailed information on the bilateral agreement, its present status, the number of tribals to be repatriated, and any measures taken or contemplated to involve the people concerned in the discussions.

8. Situation of other tribal populations of Bangladesh. In response to the Committee's repeated request for information on the measures taken by the Government in relation to other tribal groups in the country, besides those in the CHT area, the Government has referred to its 1989 report; however, as the Committee pointed out in its previous observation, that report does not contain the information requested. The Committee notes, however, that the question raised in the previous observation concerning a conflict between the Mandi tribal group and the Forest Department is under investigation. The Committee also notes from a report by the Minority Rights Group that several cases have been brought by the Koch tribal group of the Madhupur Forest against the Forest Department. Please provide details of any investigations of this nature which may be under way, as well as more detailed information on the present position of the tribal people outside the Chittagong Hill Tracts as requested previously.

9. The Committee is raising additional points in a request addressed directly to the Government.