Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

1. The Committee notes the Government's report and refers to its observation on this Convention.

2. Articles 11 to 14. In this respect, with reference to its observation, the Committee notes that, under sections 2 and 4 of the chapter on rehabilitation, general amnesty and other issues of the Agreement, the Government will undertake a land survey and resolve all disputes relating to land in consultation with and subject to the verification of the regional council, and that, to facilitate this process, a land commission will be set up, headed by a retired judge, with a mandate to settle all land disputes and the power to annul rights of ownership on land which have so far been given to illegal settlers or lands that have been encroached upon illegally. The Committee also notes that no appeal can be made against the decisions of the land commission. Recalling its concerns expressed with regard to the cadastral survey the Government intended to undertake prior to a resolution of conflicting land claims between non-tribal and tribal people (including the refugees in India and those that have been internally displaced within the Chittagong Hill Tracts (CHT) region itself), the Committee reiterates once again its concern that the Government take the necessary steps to protect the land rights of the tribal inhabitants of the CHT and requests the Government to provide information on the procedures set up to resolve the lands rights issue and provide information on land allocations made (including those made prior to the signing of the Agreement as requested in its previous observation) and disputes settled and their outcomes. It also requests the Government to inform it whether the land commission has the mandate to settle disputes with regard to government-owned land. Noting that the mandates of the land commission and the district councils with regard to land contain elements that may lead to conflicting allocations, the Committee requests the Government to inform it whether procedures are envisaged to pre-empt this possibility. Noting that, under section 9 of the chapter on Hill Tracts Regional Parishad of the Agreement, the regional council has a mandate for overall supervision and coordination of matters under the jurisdiction of the three district councils, including final decision power in case of any conflict or lack of coordination, it would also appreciate receiving information on the role of the regional council with regard to land allocation.

3. The Committee recalls its previous request for information regarding the proposed afforestation of 86,600 acres in Rangamati District, of 37,387 acres in Khagrachari District and of 7,389 acres in Bandarban District. It recalls that it requested the Government to provide information on the status of this programme, and on any measures to mitigate the difficulties faced by tribal populations displaced as a result and to provide adequate compensation as provided for under article 42 of the national Constitution. Noting the Peace Agreement signed on 2 December 1997 and the framework laid down in the agreement for restructuring administration and regulation in the CHT, the Committee requests the Government to provide information on the effects of this restructuring on the proposed afforestation, including information on the participatory mechanisms in place to include tribal people in the implementation of the project.

4. The Committee notes the information indicating that 3,000 landless tribal families have been rehabilitated by the Chittagong Hill Tracts Development Board under the first and the second phases of the Highland Settlement Project. It also notes that each family is earning Tk.4,000 per month from activities carried out under the project. Noting the Government's statement that a plan exists under which a further 6,000 families would be rehabilitated, the Committee requests the Government to keep it informed of further developments in this regard and to provide information on the mechanisms for consultations between the CHT Development Board, the Forest Department, the district councils and the segments of the people concerned.

5. With reference to its previous comments regarding the Government's policy to discourage, on the basis of technical grounds, the traditional form of agriculture known as jhumming (shifting cultivation), the Committee notes that, under the Peace Agreement, responsibility for the regulation of land and land management as well as Jum cultivation falls within the mandate of the Hill Districts Councils. In this regard, the Committee requests the Government to provide information on the technical reasons on which the discouragement policy is based, and, noting the absence of information in the Government's report, information on any steps taken to include the people concerned, including the traditional chiefs and the Mauza headmen, in implementing this policy. Please also provide details of the measures to encourage plough cultivation, and the steps taken to deter jhumming, including information on the amount of plough lands actually allocated to tribal people.

6. Return of tribal refugees and freedom of movement in the CHT. The Committee notes from the Government's report that 14,877 tribal refugees of 3,043 families have returned home in three phases during 1994-97, and that of these 3,036 have been rehabilitated to their original homes. It also notes the Government's indication that there are as yet no plans to dismantle the existing cluster villages. In this regard, the Committee requests the Government to continue to provide information on the number of refugees that have been rehabilitated to their original homes and to indicate whether it intends to dismantle the existing cluster villages, and whether the construction of new ones is being considered. The Committee also notes the Government's statement that it does not intend to lift the restrictions on the right to freedom of movement of foreigners in the CHT but that it intends to review the matter from time to time. It requests the Government to provide further information on the underlying reasons for not lifting the restrictions on the right to freedom of movement for foreigners now that a Peace Agreement has been signed and to indicate whether any reviews of the restriction measures have been undertaken and their outcomes.

7. Situation of other tribal populations of Bangladesh. The Committee notes the Government's statement that the information sought after in its previous comments will be provided in the near future.