Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Article 2 of the Convention. Coordinated and systematic action. Implementation of the Chittagong Hill Tracts Peace Accord, 1997. The Committee previously noted the Government’s commitment to fully implement the 1997 Chittagong Hill Tracts Peace Accord. It notes that the Government indicates in its report that a total of 48 out of the 72 clauses of the Peace Accord have been implemented, while 15 have been partially implemented and nine are still being implemented. In this respect, the Government points out that there are still some critical issues, such as the settlement of land disputes, the holding of elections of the Hill District Councils and the Chittagong Hill Tracts Regional Council, and the harmonization of the Chittagong Hill Tracts Regulation, 1900 and related laws with the 1989 Hill District Council Acts. The Committee further notes the Government´s indication that, pursuant to section D paragraph 8 of the Peace Accord, the cancellations of land allocation for rubber and other plantations to non-tribal and non-local persons have been implemented, and the lease of conditional allotments for rubber plantations has been cancelled for those who violated the conditions. The Committee requests the Government to continue taking the necessary measures to fully implement the 1997 Chittagong Hill Tracts Peace Accord and to continue to provide information in this respect, including on the sections of the agreement pending implementation and the difficulties encountered in this respect.

Article 3. Protection of indigenous persons. The Committee notes that in its 2019 concluding observations, the United Nations Committee against Torture (CAT) expressed its concern at reports of intimidation, harassment, and physical violence, including sexual violence, committed against members of indigenous communities, including by or with the cooperation of State officials. The CAT also noted the reported rape and sexual assault of two teenage women by members of the army in the Chittagong Hill Tracts, and the disappearance of an indigenous rights activist in that region (CAT/C/BGD/CO/1, para. 23). The Committee further notes that in her statement of 17 August 2022 on her official visit to Bangladesh, the United Nations High Commissioner for Human Rights referred to continued allegations of human rights violations in the Chittagong Hill Tracts linked with land disputes and the need for demilitarization.

The Committee notes this information with deepconcern and recalls the importance of ensuring an environment conducive to the full exercise of the rights of indigenous and tribal populations. The Committee urges the Government to take the necessary measures to protect the physical integrity of persons belonging to indigenous communities, including of those living in the Chittagong Hill Tracts, and to address the root causes of violence in the areas they inhabit. It also requests the Government to conduct, as a matter of urgency, thorough investigations of reported cases of intimidation, violence, including sexual violence, and disappearance of persons belonging to indigenous communities and to ensure that perpetrators are identified, prosecuted and punished. The Committee requests the Government to provide detailed information in this respect.

Articles 11 to 14. Land rights. The Committee previously noted that, pursuant to the Chittagong Hill Tracts Peace Accord, amendments to the 2001 Chittagong Hill Tracts Land Dispute Resolution Commission Act were under consideration. The Committee notes the Government’s indication that the Chittagong Hill Tracts Land Dispute Resolution Commission (Amendment) Act was enacted by the Parliament in 2016 to ensure and protect the land rights of indigenous groups, including of the permanent residents of the Chittagong Hill Tracts region. It notes that, according to the Government’s Eighth Five Year Plan July 2020–June 2025, an appropriate land policy will be formulated to deal with land disputes involving ethnic groups and that measures will be taken to establish a separate land commission for ethnic minorities in the plains.

The Committee urges the Government to take the necessary measures to ensure the effective recognition and protection of the rights of indigenous communities over the land they have traditionally occupied, both in the Chittagong Hill Tracts and the plains. Recalling that the Chittagong Hill Tracts Land Dispute Resolution Commission was established in 2001 for the speedy settlement of land related disputes in the Chittagong Hill Tracts region and the formulation of rules to that effect, the Committee requests the Government to ensure that the Commission has the necessary resources and capacities to fulfil its mandate. The Committee hopes that the amendments to the Chittagong Hill Tracts Land Dispute Resolution Commission Act will contribute to the resolution of existing land-related conflicts in the Chittagong Hill Tracts and requests the Government to provide concrete information in this regard. Finally, the Committee requests the Government to provide information on the progress made towards the adoption of a land policy and the establishment of a land commission for indigenous communities in the plains, as envisaged by the Eighth Five Year Plan.

Prospects for the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No.169). The Committee notes that the Eighth Five-year Plan July 2020–June 2025 contemplates as an area of future action the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee recalls in this regard that, at its 328th Session in November 2016, the Governing Body requested the Office to commence follow-up with the Member States bound by Convention No. 107, encouraging them to ratify Convention No. 169, as the most up-to-date instrument in this subject area. In this regard, the Committee observes that, in the context of the implementation of the ILO Strategy for indigenous peoples’ rights for inclusive and sustainable development, the Office can provide the appropriate support to countries that so wish, including by conducting preliminary assessments and building capacities to establish a legal, strategic and institutional framework to facilitate the implementation of Convention No. 169. Therefore, the Committee encourages the Government to continue considering the possibility of ratifying of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which is the most up-to-date instrument in this subject area. In this respect, it reminds the Government of the possibility of availing itself of ILO technical assistance.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]