Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. The Committee recalls that it has been examining the situation in Bangladesh under this Convention for many years, against the background of allegations of human rights abuses, large-scale migration into tribal areas by Bengali settlers from other parts of Bangladesh and consequent displacement of tribal people from their traditional lands, and an armed insurgency by tribal militants - resolved by the Chittagong Hill Tracts Peace Accord, 1997. The Government’s report arrived too late to be examined at the Committee’s previous session, and therefore covers the period up to May 2003 only.

2. The Committee notes in general that the report was quite brief, and contained summary information in reply to its previous comments. It hopes that the next report will go beyond a brief response to the questions posed, and will provide more detailed information including supporting documentation on how the various matters involved in the Convention’s implementation are being dealt with.

3. Chittagong Hill Tracts Peace Accord, 1997. The Committee notes the statement in the report that many of the provisions of the Peace Accord have been implemented, and that the present Government has "decided to implement the unimplemented provisions gradually within the framework of the Constitution (…) ensuring sovereignty, territorial integrity and security of the country as well as the rights of the people living in the CHT". The Committee requests the Government to indicate which provisions are now under implementation, and which remain to be implemented, and to provide more detailed information on the efforts being made in this respect.

4. It notes in addition the reference to those "living in the CHT". It recalls the concern previously expressed that the displacement of tribal people from their lands in the face of continued immigration will submerge the traditional occupants of these areas, and notes estimates that the proportion of those living in the CHT who are tribal has gone from over 90 per cent to about 60 per cent in the last few years. It hopes the Government will take this into consideration in its development efforts, and in deciding whether to continue to encourage non-tribal settlers in this region.

5. Legislation in force. The Committee has previously asked about the legislation in force in the CHT, and particularly whether the CHT Regulations 1900 were still in force and what had replaced them if not. It notes that the enactment of other legislation has meant that the provisions of the CHT Regulation have now been superseded. The Committee requests the Government to provide a consolidated list of the legislation now in force in this area.

6. Articles 11-14 of the Convention. Land rights. The Committee recalls that in its previous comments in 2001, it noted that "(o)ne of the principal causes of the conflicts has been the loss of tribal land to non-tribals. The Peace Agreement provides that the Government is to carry out a cadastral survey in consultation with the Regional Council, with the objective of the Ministry of Land providing two acres of land to landless tribal families". It notes the statement in the report that a Land Commission Act has been passed by the Parliament and a Land Commission has been constituted with a Judge of the Supreme Court as its chairman to resolve the land disputes of three hill districts. It notes further that the Land Commission "is expected to function soon".

7. In this regard, the Committee recalls that it already noted in its 2001 comments that a Land Commission had been constituted in June 1999, and that it had not yet begun functioning. The report received in 2003 indicated that the Government was taking steps to establish the offices of the Land Commission and to recruit the necessary personnel. Please indicate whether the reference is to the same Land Commission referred to previously; whether it has now begun functioning; and what results have so far been achieved. Please also forward a copy of this legislation.

8. In its previous comments, the Committee noted that the Government had indicated that, in accordance with the CHT Peace Accords, the Divisional Commissioner, Chittagong Division of the Ministry of Land, and the deputy commissioners of the three hill districts were instructed to take steps to cancel the lease agreements of non-tribals who were allotted lands in the CHT for rubber and other plantations and failed to use the lands for the purpose for which they were leased, and that some such leases had been cancelled. The Government indicated in its last report that it was yet to receive detailed information in this respect, and asks it to provide such information in its next report.

9. Landless families. The Committee notes that no further action was taken for the 3,000 landless families referred to in the previous report and comments, but that the Ministry of CHT Affairs has undertaken projects under which around 4,300 landless tribal people are being "rehabilitated". Please provide information on the number of landless tribal people that presently exist, and provide information on the success of these and other projects to provide them with lands.

10. Jhum cultivation. The Committee recalls that it had noted previously its concern over the Government’s efforts to abolish "jhum" cultivation, which is the traditional shifting cultivation method of many of the tribal people in the CHT, and asked for further information on the alternatives being explored. The Government again refers in its report to efforts to eliminate jhum, which it considers harmful to the environment. Please indicate what measures are being taken, in accordance with the requirements of paragraphs (b) and (c) of Article 4 of the Convention:

(b)  the danger involved in disrupting the values and institutions of the said populations unless they can be replaced by appropriate substitutes which the groups concerned are willing to accept shall be recognized;

(c)  policies aimed at mitigating the difficulties experienced by these populations in adjusting themselves to new conditions of life and work shall be adopted.

11. In the same respect, the Committee notes the reference to various development efforts under way in the CHT with international financing. The Committee requests the Government to indicate how consultations have been held with tribal leaders before development projects affecting their situation were undertaken, and how concerns about the preservation of their traditional ways of life have been dealt with.

12. Return of refugees. The Committee recalls that in 2001 it noted that "the return of these refugees from Tripura State in India was completed in February 1998 with the return to Bangladesh of 64,433 people belonging to 12,222 families". It asked for further information on the return of other refugees. The Committee notes that the report received in 2003 refers to exactly the same number of refugees having been returned. It also indicates that the task force that had been constituted after the signing of the Peace Accord to continue to deal with this question met several times but could not submit a comprehensive report; that its activities are suspended; and that the Government has decided to reconstitute it. Please indicate whether this task force is now functioning and whether it has now resolved the plight of these refugees. Please indicate in this connection whether further refugees remain in India or elsewhere, and what is their situation.