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

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

1. The Committee refers to its observation on this Convention.

2. Articles 11 to 14 of the Convention. In addition to the points raised in the observation, the Committee notes from various sources that the Government has plans for the afforestation of 86,600 acres in Rangamati District, of 37,387.5 acres in Khagrachari District and of 7,389.2 acres in Bandarban District of the Chittagong Hill Tracts (CHT) in order to protect the ecological balance of the CHT. It also notes that tribal leaders have expressed the fear that this would lead to the displacement of nearly 50,000 tribal families. The Committee notes also suggestions by the Chittagong Hill Tracts Commission that unrestricted extraction of forest resources, including logging, by non-tribals and "jungle clearing" as a counter-insurgency strategy has caused widespread environmental destruction in the region. The Committee believes the afforestation is badly needed, and suggests that any afforestation programme in the area be implemented by, or in very close consultation with, the tribals in the CHT in order to take advantage of their knowledge and experience regarding both the terrain and the environmental consequences, and to protect them from potential unfavourable consequences of the programme. Please indicate whether this afforestation programme is going ahead and, if it is, what measures are envisaged to mitigate the difficulties faced by tribal populations which may be displaced as a result, measures to provide adequate compensation to those affected, and plans to include the tribal people in the implementation of the project. Please indicate as well any consultations held with the tribal population, including the District Councils and tribal leaders, and indicate the relationship between this programme and the control of the District Councils over land allocation.

3. The Committee recalls the Government's statement in its previous report that it has undertaken to settle about 24,000 landless tribal people in phases, and that each family is to receive allocations of money and approximately 4 acres of land. The Committee notes that there is no information in the report about this resettlement programme. Please provide detailed information in the next report on how many families have been resettled, the amount of land they have been allocated, the category of the land used under this programme, the current phase of the programme, and the mechanisms of consultation with the people concerned.

4. The Committee notes the Government's statement that the indigenous people can establish their homesteads in any unallocated land and practise Jhum (shifting) cultivation. The Committee also notes the Government's statement that it is encouraging the tribal people to settle permanently and that under section 15 of the Hill District (Repeal and Enforcement of Law and Special Provision) Act 1989 a tribal person (jhumia) may occupy up to 30 decimals (0.30 acres) of khas (state-owned) land with the permission of the Mauza headman. Please indicate how much land has been allocated to the hill people for homestead purposes under this clause, how many tribal people have benefited from this privilege, and whether this privilege can also be enjoyed by non-tribals. With reference to jhumming (shifting cultivation), the Committee notes that it had been banned but can now be practised within the parameters set by administrative regulations. Please provide detailed information on any restrictions which may now be in force on this traditional form of agriculture and on the total area under jhum cultivation, including unallocated land.

5. Planning and execution of development projects (Articles 2, 6 and 27). The Committee notes from the report that the Special Committee on the CHT has ceased to function as the Hill District Local Government Councils have been established. The Committee also notes that the Special Affairs Division of the Prime Minister's Office is responsible for CHT affairs, together with the different agencies listed in the report. Please provide detailed information on the inter-institutional framework for cooperation, support and coordination, plans and programmes to be implemented and the procedures for evaluation of these activities. Please also indicate whether the recommendation of the National Committee to ensure that at least 10 per cent of all development work and contracts in the CHT be reserved for the tribal population has been implemented.

6. The Committee notes that the national Government is responsible for those subjects which have not been transferred to the District Local Government Councils. Please indicate the subjects which remain with the national Government.

7. The Committee notes that the elections for the Hill District Local Government Council have been postponed. Please keep the Committee informed of further developments in this regard.

8. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes from the report the Government's statements concerning its efforts to find a durable political solution to the problems in the region. The Committee notes in this connection that a large number of tribals live in "cluster camps" where they have been placed by the military (including many of the 25,000 who have returned from India); and that travel in these areas is restricted, inter alia, by a requirement that those living in cluster camps must have permits to travel (see UN document CERD/C/SR.943). Please indicate if steps have been taken to lift the restrictions on the right to freedom of movement, and whether passes are still required anywhere in the country.