Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee refers to its observation on this Convention.

2. Articles 11 to 14. In addition to the points raised in the observation, 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 requests 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. Please also include information on the participatory mechanisms in place to include tribal people in the implementation of the project, in addition to the district council members. In this respect the Committee notes that under Rule 39 of the Chittagong Hill Tracts Regulation (No. 1 of 1900), there exists an obligation to consult the three Chiefs (Rajas) in all matters affecting the administration of the Chittagong Hill Tracts (CHT). It also requests information on any relation between this programme and the application of the provision prohibiting any allocation of land within the boundaries of the CHT without the prior approval of the Council (Hill Districts Local Government Council Act, 1989).

3. The Committee notes the detailed information indicating that 2,000 landless tribal families have been rehabilitated by the Chittagong Hill Tracts Development Board in the Rubber Plantation Project. It also notes that each family has been allotted 6.25 acres of high land of which 0.25 acres are for homestead purposes, 2 acres are for horticulture and 4 acres for the rubber plantation, i.e. a total of 12,500 acres for all these families. Also, the Jumma Rehabilitation Project of the Forest Department is reported to have rehabilitated another 125 tribal families and provided each of them with 5 acres of land (total 625 acres), in addition to a cash grant. 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 and the Forest Department with the district councils, and other segments of the people concerned.

4. The Committee notes from the Government's report that the traditional form of agriculture known as jhumming (shifting cultivation) is not restricted, but that it is discouraged on technical grounds, and that the tribal people are encouraged to take up plough cultivation. The Committee requests 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.

5. Planning and execution of development projects (Articles 2, 6 and 27). The Committee notes from the information in the report that the Special Affairs Division of the Prime Minister's Cabinet is the supervisory body for all activities relating to the CHT, and that it is the implementing authority for the Annual Development Plan (ADP). The Committee also notes the different projects already implemented or being implemented by the various agencies, including the Chittagong Hill Tracts Development Board. Please provide further information on the impact of the projects on the socio-economic and cultural development of the tribal inhabitants of the CHT, and the modalities for including tribal participation in the formulation and evaluation of the projects outlined in the report. The Committee also requests information on the composition of the CHT Development Board; the mechanisms for consultation and coordination between the Board and the local government councils; and whether there is a percentage of all development work and contracts which is reserved for the tribal population as recommended by the National Committee.

6. The Committee notes from the report that 11 subjects have been transferred to the local government councils including primary education, health, cottage industries, fisheries, livestock, social services, sports and cultural institutions. Please indicate the responsible authority for the administration of all other matters, and any steps to transfer the remaining subjects to the local government councils in the near future.

7. The Committee notes that the term of the present local government councils was extended to 1 January 1995. It also notes that the reports of the councils have not been prepared yet. The Committee requests the Government to provide copies of the council reports with the next report and keep it informed of the next council elections.

8. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes the Government's statement that there are no restrictions on the right to freedom of movement in the CHT, and that no passes are required by tribals or non-tribals to move into or outside the region, although other reports indicate that foreigners are not allowed to travel in these areas without special permission. It also notes that there are no plans to place the repatriated refugees in cluster villages and they are being rehabilitated in their original homes. It requests the Government to provide further information on the number of refugees who have been rehabilitated to their original homesteads, any plans to dismantle the existing cluster villages, and whether any measures are being taken to lift the restrictions on the right to freedom of movement in the area.