Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

1. The Committee notes the Government's report, which arrived too late to be dealt with during the Committee's previous session.

2. With reference to reports of the incident on 17 November 1993 in which a number of unarmed tribal civilians were reported to have been killed at Naniachar, Rangamati District, the Committee notes the statement in the Government's report that the incident was the result of a conflict between rival groups, that the number killed was 13 and that others were injured. It notes further that an inquiry commission has been appointed and that the commissioner, Justice Mohammed Habibur Rahman of the High Court Division of the Supreme Court, submitted a report of the inquiry on 31 May 1994. The Committee requests the Government to provide further information on this matter in its next report. The Committee also notes the information about the inquiry into the violent incident which took place on 10 April 1992 in the tribal village of Logang, Khagrachari District, and about measures taken as a result.

3. The Committee notes that it continues to receive reports of human rights violations against the tribal inhabitants of the Chittagong Hill Tracts (CHT), including information regarding another incident involving unarmed tribal civilians at Bandarban District on 15 March 1995 in which many tribals are said to have been injured, and their property destroyed. There are also allegations that those responsible include the local security force in conjunction with non-tribal settlers, and that a number of tribal students were arrested without due process. It notes further that the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment has stated that he continues to receive reports of torture and rape by members of the military and paramilitary forces against the tribal people in the CHT (UN document E/CN.4/1995/34). While it continues to treat such reports with caution, the Committee requests the Government to provide detailed information on measures taken or contemplated to protect the life and property of the tribal inhabitants of the Hill Tracts.

4. Legislation in force. The Committee notes that the Chittagong Hill Tracts Regulation (No. 1 of 1900) and the Hill Tracts Districts Local Government Council Acts (Acts No. XIX, XX and XXI of 1989) are applicable in the Hill Tracts. It also notes the information that the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989 has not come into force. In this context the Committee recalls the concerns of tribal representatives over the possibility of repeal of the CHT Regulation and requests information on whether the Government has considered withdrawing the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989. It also recalls its request for further information regarding the mechanisms in place to ensure conformity between the Hill Districts Local Government Council Acts and the 1900 Regulation, including procedures to resolve any divergencies.

5. Articles 11 to 14 of the Convention: Power of the local government councils to allocate land rights. The Committee notes that the Government has repeated the information in its previous reports concerning the power to allocate land rights in the CHT, but that it has not supplied the information the Committee has requested on the allocations of lands actually made since the district councils were formed. The Committee considers this of particular importance, and again requests the Government to provide this information in its next report. In this regard, the Committee notes from the report that land allocation is not included in the list of 11 subjects transferred by the Government to the local government councils.

6. The Committee notes from the report that the cadastral survey in the Bandarban district - from which no tribal people have taken refuge in India - will take place shortly; and that the survey has been postponed in the Rangamati and Khagrachari districts from which large numbers of tribals have taken refuge in India. It also notes the Government's statement that a cadastral survey is essential to protect the interests of the "inhabitant owners" of the land as the local administration is facing tremendous problems in maintaining land records. The Committee recalls that many thousands of non-tribals have been settled by the Government in the CHT, in many cases on the traditional lands of tribal people with the result of displacing the original landowners; and that thousands of tribal people fled to India as a result of the conflict in the CHT. Recalling that more than 50,000 tribals from Bangladesh remain in India, the Committee reiterates its concern that a cadastral survey conducted prior to a resolution of conflicting land claims between the non-tribals and tribal people (including the refugees in India and those who have been displaced within the CHT itself), and the repatriation of all the refugees in India will significantly diminish any opportunities for the original landowners to recover their traditional lands. It therefore stresses its concern that the Government take the necessary steps to protect the land rights of the tribal inhabitants of the CHT region, including appropriate procedures for the recovery of their traditional lands.

7. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes that the Government has appointed a nine-member Parliamentary Committee to conduct negotiations with the Jana Shanghati Samiti (JSS), and notes the information on the proposals submitted. It also notes that there was a general amnesty until June 1994, and that the negotiations are continuing. The Committee requests the Government to keep it informed on any further progress in achieving a negotiated settlement to the conflict. Please also indicate whether the general amnesty is still in place or has been renewed, and details of its application to the cases of warrants of arrest against tribal people.

8. The Committee notes from the report that a first instalment of 379 tribal families have arrived in the CHT as part of the repatriation of the tribal refugees from India. It also takes note of the comprehensive rehabilitation package outlined in the report including financial and other assistance, possibilities of reinstatement in previous employment, special educational facilities, and the restoration of their land, and that there shall be no resettlement in cluster villages. It notes further that a Rehabilitation Committee has been established with a tribal MP as president. The Committee notes further that there have been two missions to the country from India to observe the repatriation process. In this respect, the Committee notes that it has received reports from various sources indicating problems in the implementation of the agreements. It requests the Government to keep it informed in this regard.

9. Situation of other tribal populations of Bangladesh. The Committee notes the statement in the report that, contrary to the information the Committee has received, no cases have been brought by the Koch or the Mandi of the Madhupur Forest against the Forest Department, and that there is no conflict between the aboriginal groups and others, including the forest departments. The Committee requests the Government to keep it informed in this regard. The Committee recalls also that it has made repeated requests for information on the situation of other tribal groups in the country, to which the Government has not replied, and again requests it to provide this information.

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

[The Government is asked to report in detail in 1997.]