Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report which covers the period from 1 September 2007 to 30 August 2008. It also notes the Decent Work Country Programme for Bangladesh (2006–09) and the National Strategy for Accelerated Poverty Reduction II (2009–11) (NSAPR) published by the Government in October 2008, which address matters relevant to the application of the Convention. The Committee welcomes the commitment of the Government, expressed in the NSAPR, to ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and it encourages the Government to seek technical assistance from the ILO in this regard.

Implementation of the Chittagong Hill Tracts Peace Accord, 1997. The Committee recalls that it has been examining the situation in Bangladesh for many years, against the background of large-scale migration into the Chittagong Hill Tracts (CHT) by non-indigenous Bengali settlers from other parts of Bangladesh, the consequent displacement of indigenous communities from their traditional land, and an armed insurgency by indigenous militants which was resolved by the Chittagong Hill Tracts Peace Accord, 1997. In reply to the Committee’s request to identify those provisions of the Peace Accord which remain to be implemented, the Government provided an overview table indicating the status of implementation of the Peace Accord’s various provisions. The Committee notes that, according to the Government, the implementation of the following provisions remains “under process”: the transfer of authority to appoint local police officers to the district hill councils (Clause B, section 24); the harmonization of the Chittagong Hill Tracts Regulation, 1900, and related laws with the Local Government Council Act of 1989 (Clause C, section 11); the cancellation of land allocation for rubber and other plantations to non-tribal and non-local persons who did not undertake any projects during the last ten years or had not used the land properly (Clause D, section 8). With regard to the land survey envisaged under Clause D, section 2, the NSAPR states that the land survey has not yet started. Referring to 200 temporary army camps, the Government’s report considers the Peace Accord’s provisions regarding demilitarization as “implemented”. The Government’s report makes reference to the implementation of Clause B, section 34, which lists subjects to be added to the functions and responsibilities of the Hill District Councils. Considering that the implementation of the outstanding provisions are crucial with a view to building and consolidating peace in the region, the Committee requests the Government to take the measures necessary to achieve the full implementation of the Peace Accord and to provide detailed information on the progress made in this regard. Please also 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. The Committee notes that a series of government interventions are set out in the NSAPR to address the situation of indigenous communities of the plains and in the CHT, with the overall objective of ensuring their “social, political and economic rights; ensure their security and fundamental human rights; and preserve their social and cultural identity”. The NSAPR aims at achieving access of indigenous communities to education, health care, food and nutrition, employment and protection of rights to land and other resources. The Committee notes that overall responsibility for coordinating governmental activities for indigenous communities in the plains is with the Special Affairs Division, while the Ministry for Chittagong Hill Tracts Affairs continues to take the lead for that region. The Committee also notes the information provided by the Government concerning development projects carried out in the CHT. The Committee requests the Government to provide 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 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.

Legislation in force. The Committee notes the Government’s indication that the Chittagong Hill Tracts Regulation, 1900, is still in force, but that it has been supplemented by a number of subsequent laws, including a number of laws passed after the Peace Accord. The Committee also notes that the 1900 Regulation was amended by the Chittagong Hill Tracts Regulation (Amendment) Act, 2003, which has been put in effect as of 1 August 2008. The Committee notes that these amendments concern the transfer to newly established courts of jurisdiction in civil and criminal matters which formerly vested in civil servants at the district and divisional levels. According to a recent ILO study, the amendments do not affect the existing functions of the traditional chiefs and head men in dispensing justice on tribal customary laws (Roy, The ILO Convention on Indigenous and Tribal Populations, 1957 (No. 107), and the Laws of Bangladesh: A Comparative Analysis, 2009, p. 30). The Committee requests the Government to provide, on a continuing basis, information on legislative developments relating to the application of the Convention with regard to the indigenous communities of the plains and the CHT.

Articles 11–14. Land rights. The Committee recalls that the Peace Accord envisages the rehabilitation of indigenous returned refugees and internally displaced indigenous persons and the resolution of land disputes, followed by a land survey to be conducted by the Government in consultation with the Regional Council. As previously noted by the Committee, the Land Commission Act was enacted in 2001, to provide for the establishment of such a Commission to resolve land disputes in the CHT. While noting that, at the time of reporting, the Land Commission was still not functioning, the Committee understands that a new Chair of the Commission has been appointed recently. According to the Government, a process had been started to amend the Act to bring it in line with the Peace Accord. The Committee hopes that the process of amending the Land Commission Act will be concluded without delay, and requests the Government to provide information on the measures taken to this end, and any other measures taken to enable the Land Commission to fulfil its functions.

The Committee notes from the NSAPR that indigenous communities are subject to extortion by “land grabbers”, and that the formulation of a policy to address issues affecting indigenous communities is envisaged. 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 urges the Government to take immediate steps to ensure that the land rights of indigenous people 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 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 Committee notes the Government’s indication that it has appointed a new chairperson of the Task Force envisaged under the Peace Accord mandated to rehabilitate indigenous refugees repatriated from India and internally displaced indigenous persons. While noting that, according to the Government, all refugees from India have been rehabilitated, the Committee requests the Government to provide information on the specific activities undertaken by the Task Force with regard to internally displaced indigenous persons in the CHT who have yet to be rehabilitated. It once again requests the Government to indicate the number of internally displaced indigenous persons yet to be rehabilitated.

Jum cultivation. The Committee recalls its previous comments regarding statements made by the Government to the effect that it was making efforts to abolish “jum cultivation”, which is the traditional shifting cultivation method of many people in the CHT. The Committee notes that the Government’s report no longer refers to the abolition of jum cultivation and that the NSAPR calls for the preservation of the social and cultural identity of the indigenous communities and recognizes their traditional food production systems. The Government indicates that development projects focusing on alternative livelihood strategies were undertaken with the consent and participation of the population concerned “to reduce dependence on jum cultivation”, as produce and income obtained from it was inadequate on account of “constantly shrinking area of jum lands”. 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.