Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

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

1. The Committee notes the Government's most recent report, for the period ending 30 June 1989, and the detailed information which it supplied to the Conference Committee at its 1989 Session. It notes further that it has now received copies of the 1989 legislation on the Hill District Local Government Councils, of which it was informed before its last session.

2. The Committee notes with interest that the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities decided, during its 1989 Session, to thank the Government of Bangladesh for its co-operation and express its satisfaction with the progress made in respect of its treatment of tribal populations.

3. The Committee points out that it is aware of a continuing problem of inter-ethnic conflict in the Chittagong Hill Tracts. It also continues to receive allegations from various sources, including information submitted to various United Nations human rights organs, of abuses of human rights in this region. While it treats such reports with caution, it remains concerned over the practical application of the Convention and hopes that the Government will be able to provide detailed information in this regard in its next report.

4. In its 1989 observation the Committee raised a series of questions, concerning each of which the Government provided information to the Conference. It therefore follows the same format for its present comments.

5. Special laws and regulations in force in the Chittagong Hill Tracts. The Committee notes that it has now received copies of the Hill Districts Local Government Council Acts, 1989, for the districts of Bandarban, Khagrachari and Rangamati, as well as of the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989. It notes with interest that the Government representative informed the Conference Committee that each of the named districts is to have its own elected council with a built-in majority of tribal members and a tribal chairman. He stated that the councils are to be responsible for civil administration, including the appointment of police up to the assistant superintendent level; and to have control over land transfers and the power to levy taxes. The Government has indicated in its report that the elections for these councils took place on 25 June 1989, and that the district councils have started functioning.

6. The Committee notes that it has also received information from other sources, including a number of non-governmental organisations, to the effect that the new legislation was adopted without consultation of representatives of the tribal people, and that therefore the level of participation of the tribal people in the elections was very low. This information also states that the area under the control of the new local government structures is less than 10 per cent of the total area of the Chittagong Hill Tracts. It states in addition that by adopting the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989, which repealed the Chittagong Hill Tracts Regulation (No. 1 of 1900), the Government has removed existing legal protections for tribal people in these areas and thereby given legitimacy to the settlement of non-tribal people in these areas, which until now was illegal. The Committee is not in a position to judge the accuracy of these statements on the basis of the information available to it. It therefore requests the Government to provide any comments it may have on this information, in particular on the geographic area covered by the new councils, and on the termination of the prior rights of the tribal people.

7. Recommendations of the National Committee on the Chittagong Hill Tracts. In its previous comments the Committee asked the Government to indicate what recommendations this Committee had made, and how they were being implemented. The Government representative informed the Conference Committee in 1989 that the National Committee continues to function, and that it makes recommendations which may form the basis of administrative or legislative arrangements. The Committee recalls that the National Committee was formed to make recommendations on how to resolve a severe crisis in the Chittagong Hill Tracts, and that its recommendations formed the basis for the new legislation mentioned above. It hopes that the Government will provide information on the present functioning of this National Committee, on its recent activities, and on the action that may have been taken as a result.

8. The Committee notes also from reports in Bangladesh newspapers that a Special Committee on Hill Tracts Districts was established in August 1989, chaired by the Prime Minister. Please indicate the relation between this Special Committee and the National Committee, and in particular whether the latter continues to function. Please also indicate what activities the Special Committee has undertaken and the results achieved.

9. The situation of land ownership. In its previous comments, the Committee has noted that one of the principal causes for unrest in these areas has been migration of non-tribals into areas previously occupied exclusively by tribals, and their acquisition of land rights. It notes from the information supplied by the Government that transfer of land ownership in these areas is now, under section 64 of each of the Council Acts, under the exclusive control of tribal-run local government authorities. It notes further the statement that the cadastral survey of land ownership and use which had been mentioned in earlier reports, was suspended at the request of the tribal leaders but was to resume after the council (Parishad) elections in June 1989. Please indicate whether this survey has now been carried out, and what are the results. As concerns the transfer of land rights under the control of the councils, the Committee refers to its question above concerning the area under the effective control of the councils; it asks the Government to indicate whether there are areas in the Chittagong Hill Tracts in which the transfer of land rights is not controlled by the councils, and what measures govern the transfer of land rights in such cases.

10. Progress made in settling landless tribals. In its previous comments the Committee requested information on the progress made in settling landless tribals, as recommended by the National Committee. The Government representative indicated to the Conference Committee that the Government had adopted programmes for settling landless tribals on government-owned land, and that a few hundred families had been settled under this programme. It was hoped that the process would be accelerated once the councils were established. The Committee therefore requests the Government to provide information on the present situation in this regard, indicating in particular the numbers of landless tribals and the amount of land allocated to them.

11. In this connection, the Committee notes the provisions of the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989, concerning jhum cultivation (i.e., traditional shifting agriculture by tribals). It notes that under section 7 of the Act, the Deputy Commissioner has the power to control jhum cultivation and to issue and enforce the necessary orders for this purpose, and to prohibit jhum cultivation in any area. Under section 15 there are provisions for the occupation of rural lands for homesteads, under the control of the headman or of the Deputy Commissioner. The Committee would be grateful if the Government would indicate the relationship between the control granted under this Act over the disposition of land rights of tribal people, and the control granted under the Council Acts to the councils themselves over land rights. Please indicate what rules the Deputy Commissioner may have issued in this respect.

12. The Committee notes further that under section 11 of the same Act, each headman is to establish a jhum touzi, or rent roll of jhum cultivators. This should facilitate the provision of the information requested above on the number of landless tribals and on land ownership.

13. Procedures for consultations with tribals in the planning and implementation of development programmes. The Conference Committee was informed that 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. The Committee notes from the Acts that under the First Schedule of each Act (Functions of the Council), the council is responsible for the co-ordination of development activities of the local authorities and review of the implementation of their development projects (section 2); and the implementation of the development programmes entrusted to the council by the Government (section 17). It notes that while the authority exists to carry out their own development projects, there is no procedure provided for in these Acts for consultations on development projects implemented by the national Government in these areas. It notes further from newspaper reports from Bangladesh that the Special Committee on Hill Tracts Districts created in August 1989 (see paragraph 8 above) reviews the overall development activities of the three local government bodies and that it has discussed the framing of rules and regulations for their functioning. The Committee would therefore be glad to receive detailed information on this matter in the next report, with particular reference to any procedures which may have been implemented.

14. Independent investigations into alleged human rights abuses. The Committee had previously requested information on measures taken in this respect, and on tribal participation in such investigations. The Government representative informed the Conference Committee that joint investigation committees were formed immediately after any alleged incident, and that this procedure had been in operation since August 1988. The Committee notes that it has continued to receive from non-governmental sources, allegations of abuses in the Chittagong Hill Tracts, arising mostly from the effects of settlement of non-tribals in these areas. It therefore requests the Government to communicate information on the practical working of this procedure, the number of such committees formed, and the results obtained.

15. Progress in achieving a negotiated settlement of the conflict and the return of tribal refugees. The Committee had previously noted the continuation of conflicts, sometimes violent ones, in the Chittagong Hill Tracts, and that many thousands of tribal refugees had fled to India. The Government representative informed the Conference that the Government was continuing to facilitate the repatriation of tribal people, and had declared an amnesty for terrorists in order to facilitate this process. The Committee notes that no additional information was contained in the Government's report. It notes however from newspaper reports in Bangladesh that further amnesties have been declared, and that there were plans to hold talks concerning the return of tribal refugees between the Governments of Bangladesh and India. It notes further, from these newspaper reports, that rehabilitation programmes have been established for those tribals who do return. The Committee therefore requests the Government to provide information on: (a) the number of tribals who have not yet returned to their homes; (b) talks between the two Governments concerned and other measures taken to facilitate the return of the tribals; and (c) generally, on the security situation in the Hill Tracts and on measures to create a situation in which the tribals will wish to return. Please also indicate what measures have been taken for the resettlement and rehabilitation of tribals who have returned to Bangladesh.

16. Situation of other tribal populations of Bangladesh. The Committee recalls that it has paid particular attention in recent years to the situation of the tribal people in the Chittagong Hill Tracts, but that there are a number of other tribal people in the country. It therefore hopes that the Government will provide information in its next report on these groups, and on any measures which may have been taken in regard to their situation.