Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Implementation of the Chittagong Hill Tracts (CHT) Peace Accord, 1997. The Committee notes the Government’s report received in November 2013 which includes information in reply to the 2009 observation. The Government indicates that the transfer issues mentioned in clause B, section 34, of the Peace Accord, which lists subjects to be added to the functions and responsibilities of the Hill District Councils, is in progress. It adds that 24 offices/departments to the Rangamati District Council, 23 offices/departments to the Khagrachari District Council and 22 offices/departments to the Bandarban District Council have been transferred. The Government states that the transfer of the remaining offices mentioned in the Peace Accord is in progress. Considering that the implementation of the outstanding provisions referred to in the 2009 observation are still relevant with a view to building and consolidating peace in the region, the Committee requests the Government to take the necessary measures to achieve the full implementation of the Peace Accord and to provide detailed information on the progress made in this regard. Please also continue to provide information on the implementation of clause B, section 34.

Articles 2 and 5 of the Convention. Coordinated and systematic government action. Collaboration and participation. In reply to the 2009 observation, the Government indicates that, under the Annual Development Programme, relevant line ministries have been implementing various projects for development of ethnic minority groups in the regions of the CHT. The development issues of ethnic minority groups in the plains and the CHT have been under active consideration of the Government. Moreover, the Government indicates that in implementing projects and programmes, the participation of indigenous communities is always encouraged. The Committee refers to its 2009 observation and requests the Government to provide in its next report detailed information on the concrete measures taken by the relevant line ministries responsible for the action in favour of indigenous communities in the plains and the CHT envisaged under the National Strategy for Accelerated Poverty Reduction II (2009–11) (NSAPR) and on the results achieved in improving their situation. It also requests the Government to report on the progress made in adopting and implementing the National Indigenous People’s Policy, as mentioned in the NSAPR. Finally, the Committee requests that the Government ensure appropriate collaboration and participation of the indigenous communities and their representatives concerned in the design and implementation of measures affecting them, in keeping with Article 5 of the Convention, and to provide information in this regard.

Articles 11–14. Land rights. Legislation in force. The Government indicates that the CHT Regulation, 1900, was amended in March 2013 and that the amendment process of the CHT Land Disputes Resolution Commission Act, 2001, is at the final stage and awaiting adoption in the Parliament. The Committee invites the Government to provide a copy to the ILO of the new text of the CHT Land Disputes Resolution Commission Act, when adopted, and a copy of the amended CHT Regulation. Please also include information on the measures taken to enable the Land Commission to fulfil its functions. The Committee also requests the Government to provide information on legislative developments relating to the application of the Convention with regard to the indigenous communities of the plains and the CHT.

Land grabbers. The Committee noted from the NSAPR that indigenous communities are subject to extortion by “land grabbers”, who illegally seized traditional lands, and that the formulation of a policy to address issues affecting indigenous communities was envisaged. The Government indicates that it is hoped that once the amended CHT Land Disputes Resolution Commission Act is adopted, the Commission will start working on and resolving land disputes, and land rights of ethnic minority groups will be established. Recalling that under Article 11 of the Convention, the right of ownership, collective or individual, of the members of the populations concerned over the lands which these populations traditionally occupy shall be recognized, the Committee invites the Government to ensure that the land rights of indigenous peoples and communities in Bangladesh, including those of the plains, are fully recognized and effectively protected, in collaboration with their leaders. The Committee requests the Government to provide in its next report detailed information on the specific measures taken in this regard, including measures to investigate fully reports of illegal seizures of the traditional lands of indigenous communities. In addition, the Committee requests the Government to provide information on the progress made in adopting and implementing the national land policy for indigenous communities envisaged under the NSAPR.

Rehabilitation of returned refugees and internally displaced persons. The Government indicates that the task force has been working to rehabilitate refugees returned from India, as well as those who were internally displaced. The Committee notes with interest that, according to the Government’s report, all refugees returned from India have already been rehabilitated. A listing of internally displaced persons in three CHT districts is in progress and 90,208 families have already been enlisted. The Government further indicates that by recruiting additional employees, the activities of the task force have been extended. The Committee invites the Government to continue to provide updated information on the number of internally displaced indigenous peoples yet to be rehabilitated.

Jum cultivation. In reply to the 2009 observation, the Government indicates that in March 2013, the CHT Regulation, 1900, was amended with a view to transfer “jum cultivation” regulation powers from the Deputy Commissioners to the Hill District Councils. The Committee requests the Government to indicate the measures taken to ensure that indigenous communities have the possibility to continue to engage in jum cultivation, including through accelerating measures protecting their land rights, and the measures taken to include shifting cultivation in relevant policies and programmes regarding rural development.

Prospects of ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Government indicates that a project entitled “Building capacities on indigenous and tribal peoples’ issues in Bangladesh: Rights and good practices” is being implemented with the technical assistance of the ILO. The project has a National Steering Committee chaired by the State Minister of Chittagong Hill Tracts Affairs. The Committee recalls that the NSAPR, published in October 2008, included the commitment of the Government to ratifying Convention No. 169. It also recalls that the Governing Body, at its 270th Session (November 1997), invited States parties to the Convention to contemplate ratifying Convention No. 169, which will, ipso jure, involve the immediate denunciation of the Convention (see the report of the Working Party on Policy regarding the Revision of Standards, document GB.270/LILS/3(Rev.1), paragraph 85). The Committee therefore encourages the Government to consider, in consultation with the social partners, ratifying Convention No. 169 and to provide information in this regard.

[The Government is invited to reply in detail to the present comments in 2015.]