Cas individuel (CAS) - Discussion : 1989, Publication : 76ème session CIT (1989)

Convention (n° 107) relative aux populations aborigènes et tribales, 1957 - Bangladesh (Ratification: 1972)

A Government representative complimented the Committee of Experts for the understanding, the objectivity and the sense of neutrality with which it had prepared its report. The Government had consistently co-operated with the Committee of Experts and with the Office. It had met its reporting obligations and provided all possible facilities to the direct contacts mission and to various non-governmental organisations. The report of the Committee of Experts was based on information provided by the Government and upon the observations of the mission which had visited Bangladesh (including the Chittagong Hill Tracts) in April 1988. The speaker then outlined the key demographic features of Bangladesh, and indicated that in order to promote balanced growth and rapid national advancement, the Government had implemented a number of far-reaching reforms to improve the quality of life of the people while, at the same time, maintaining their cultural and social traditions and ethnic identity.

He then went through each of the issues raised by the Committee of Experts in paragraph 34 of its observations.

Regarding paragraph 34(a), he described the special legislative treatment which had been accorded to the Chittagong Hill Tracts from the early part of this century. More recently the National Committee on the Chittagong Hill Tracts had reviewed a special legislation in the light of present day requirements, including the provisions of this Convention. It had recommended the repeal of the legislation; this was done in February 1989. This legislation also provided for the creation of three hill districts called the Rangamati Hill District, Khagrachari Hill District and Bandarban Hill District. Each of these districts would have its own elected council with a built-in-majority of tribal members, and with a tribal chairman. Elections for these councils were due to be held on 25 June 1989. The council would be responsible for civil administration, including the appointment of the police. They would have the power to approve or prohibit the sale of land rights, and to repossess land which had been fraudulently or corruptly obtained. They would be able to raise their own revenue through local taxes to supplement the funds provided by Central Government.

Regarding paragraph 34(b), the National Committee continued to function as a standing body. It makes recommendations to governments from time to time. Such recommendations may then form the basis of new administrative or legislative arrangements.

Regarding paragraph 34(c), section 64 of the act which established the district councils provided that land ownership, including transfer, would be dealt with by the Chairman of the District Council. This implied that tribal leaders now had direct supervision over ownership and transfer of land. The cadastral survey referred to by the Committee of Experts had been suspended at the request of the tribal leaders, but would take place once the Councils had been elected.

Regarding paragraph 34(d), the Government had adopted programmes for settling landless tribes on Government-owned land. A few hundred families had been settled under this programme, but it was hoped that the process would be accelerated once the Councils were established.

Regarding paragraph 34(e), the Councils would be able to decide on the priority and type of projects which would best help to improve the socio-economic conditions of the population of the area.

Regarding paragraph 34(f), joint investigation committees were formed immediately after the occurrence of any breach of law and order involving the tribal and non-tribal populations. These committees were composed of tribal leaders, representatives of non-tribal residents of the area, and a magistrate. They investigated the incidence as a matter of urgency, collected evidence and prepared a report. On the basis of this report, alleged wrongdoers are charged in accordance with the law. This system has been in operation since August 1988.

Regarding paragraph 34(g), the Government was continuing to facilitate the repatriation of tribal people of Bangladeshi origin who were presently resident in other countries. He described visits to India which had taken place in May 1989 in order to facilitate this process. The President had also announced an amnesty for terrorists (which was valid until 25 June 1989) in order to further facilitate this process.

The speaker appreciated the interest which the Committee had taken in this matter, and assured it that the Government would uphold the principles of human dignity and would protect the rights and interests of the indigenous and tribal populations of the country.

The Worker member of the United Kingdom emphasised the importance of the Convention but noted that it was often difficult to deal with issues which arose in relation to it. This was because of the nature of some of the issues involved, the fact that often they related to remote areas, and that the countries concerned were often poor. He felt that in this case, the Committee had at last been presented with evidence of progress after a very long wait. He thanked the Government representative for his very full explanation of recent developments. However, he felt that there were still some very serious problems in relation to the position of tribal people in Bangladesh. In particular, he asked the representative for comments upon reports of an army attack on the village in May 1989 as a result of which thousands of people had left their homes for India.

As regards Article 11 of the Convention, he asked whether the legislation would respect the right to land ownership as embodied in this Article.

He also asked the Government to respond to suggestions that district councils would have the capacity to appoint only junior administrative officers and junior members of the police force - with more senior positions remaining the responsibility of the Central Government.

Finally, he asked for information as to the geographic coverage of the new councils. He had been informed that they totalled only about 10 per cent of the total area concerned.

The Workers' members referred to the fact that the Committee of Experts had noted progress in relation to compliance with the Convention at paragraph 94 of their report. They were pleased at the progress which had been made so far, and felt that this was at least partly due to previous discussions in the present Committee. They hoped that by next year the application of Convention No. 107 would have been strengthened in order better to protect the most vulnerable populations.

They expressed the hope that the conclusion of the Committee of Experts could be verified, and that the Government would provide the relevant information and texts. They still had serious concerns in relation to the application of the laws that were already in place, but they congratulated the Government for what had been done. They looked forward to full conformity with the Convention in the not too distant future.

The Employers' members expressed their appreciation for the full and candid explanation provided by the Government. This was a difficult case, which had been subject to special paragraphs in 1986 and 1987. The Government had now displayed a more positive attitude than in previous years, and new measures had been put in place, or were in the process of being put in place. They recognised that these divisions dealt with only some of the deficiencies which had been previously identified. In particular there was a continuing need to investigate human rights violations, to recognise tribal land rights, to determine the boundaries of tribal land, and to spell out procedures for dealing with disputes between tribals and non-tribals in relation to land matters. Nevertheless, they noted at least five positive changes since the matter had last been examined by the Committee.

Regarding paragraph 34(c), they asked the Government representative to explain what he had meant when he said that this paragraph implied that tribal leaders now had direct supervision over ownership and transfer of land. Finally, they reiterated that whilst there had been some progress, a great deal remained to be done. They urged that the necessary measures be taken as quickly as possible whilst recognising the enormous difficulties with which Bangladesh is presently confronted.

A Government representative explained that he was an official of the Ministry of Foreign Affairs and also the Secretary of the National Committee on the Chittagong Hills Tract. He provided a full account of the incident on 4 May to which the Workers' member of the United Kingdom had referred. He explained that in the aftermath of the murder of a prominent non-tribal person there had been a certain amount of violence, which resulted in a number of deaths and injuries, and in burning of houses. This disturbance had been brought under control within about six hours. A joint investigation committee had been established. As a result of its investigations 31 persons had been identified and charged, and were awaiting trial. The Government had made substantial provision for the rebuilding of huts which had been burned down. As regards the allegation that thousands of people had fled, the Government had invited the press to the area to see for themselves. It was true that some people had left their homes and gone to India, but it was also true that some others had returned. The situation was normal, as was evidenced by the meeting with Indian Government officials in May. He also referred to the Presidential Amnesty as further evidence of the Government's good faith in this matter.

As regards land questions, the district council would have full power in relation to questions of ownership, etc. He reiterated that the chairmen of the councils would invariably be tribals, and that two-thirds of the members would also be tribals. As to the cadastral survey, he repeated that it had been postponed at the request of the tribals and that the Government would be happy to report back on the results of the survey after the election.

As regards problems associated with traditional forms of agri-- culture, he indicated that this raised exceedingly complex issues - particularly in relation to the ownership of land which had been subject to "slash and burn" cultivation. It also raised some difficult ecological issues.

The district councils would have power in relation to all these issues except defence, foreign affairs, central planning and national highways. The councils would also be able to decide whether non-tribals should be permitted to settle in tribal areas.

In relation to the levels of officials who would be controlled by the district councils, he explained that tribal members would be elected by both tribals and non-tribals, and that the same was true for non-tribal members. This should ensure that the composition of councils would adequately protect the interests of tribals. The chairman of the council would have the status of a Deputy Minister, and would have the responsibility for executing the decisions of the council. The police superintendent would also be responsible for executing the decisions of the council. Police officers up to the level of Assistant Superintendent would be recruited from within the district, but more senior officers would be appointed through the national system.

The Government would continue to co-operate with the ILO in the implementation of this Convention, but asks for understanding for the severe contraints under which it operates.

The Committee noted with interest the Report of the Committee of Experts and the detailed explanations provided by the representatives of the Government of Bangladesh. The Committee recalled the various discussions which it has had in the past on these problems which had given rise to two direct contacts missions. The Committee welcomed the fact that the most recent direct contacts mission had intensive discussions with the officials concerned. It took note of the measures that have been adopted on the basis of the new laws of February 1989 including: the setting up of local councils, improved protection with regard to human rights of tribal populations, and a general improvement of the situation in the tribal area.

The Committee, however, observed with the Committee of Experts that further steps must be taken such as the effective examination of violations of human rights, the recognition of property of tribal populations and the delineation of tribal lands and the settlement of conflicts and disputes between tribal and non-tribal peoples. The Committee welcomed the fact that the Government of Bangladesh was prepared to co-operate further with the ILO. It hoped that the Government would continue to take all necessary measures to ensure full application of the Convention and that in its next report the Government would be able to answer all of the other questions posed by the Committee of Experts and by the Committee.