Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Other comments on C107

Observation

Direct Request

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Articles 2 and 3 of the Convention. Implementation of the Chittagong Hill Tracts (CHT) Peace Accord, 1997. The Committee notes the Government’s indication in its report that 30 government departments/offices have been transferred to the Hill District Councils of Rangamati and Khagrachari, and 28 government departments/offices to the Hill District Council of Bandarban. The Government emphasizes its commitment to the full implementation of the CHT Peace Accord. The Committee requests the Government to continue providing information on the measures taken to finalize the implementation of the CHT Peace Accord, 1997. Please also include updated information on the application of the following provisions of the Peace Accord, which were noted by the Committee in previous comments: (a) the transfer to the Hill District Councils of authority to appoint local police officers (clause B, section 24); (b) the transfer of functions and responsibilities to the Hill District Councils in relation to the matters listed under clause B, section 34; (c) the harmonization of the Chittagong Hill Tracts Regulation, 1900, and related laws with the 1989 Hill District Council Acts (clause C, section 11); and (d) the cancellation of land allocation for rubber and other plantations to non-tribal and non-local persons who have not utilized the lands within the time period specified in the Peace Accord (clause D, section 8).

Article 5. Collaboration and participation. The Government indicates that ethnic communities participate in the design and implementation of measures affecting them through the Chittagong Hill Tracts Development Board. Leaders of ethnic communities play a leading role in both the three Hill District Councils and the CHT Regional Council. Development projects and activities affecting the cultural, social, religious and educational conditions of the indigenous communities are being implemented by the Hill District Councils and the CHT Regional Council. The Committee requests the Government to provide further examples of the participation and collaboration of indigenous communities in the Chittagong Hill Tracts Development Board, including indications of how these communities are given opportunities for the development of their own initiatives. Please also provide information on the progress made in adopting a National Indigenous People’s Policy.

Articles 11 to 14. Land rights. The Government indicates that the amendments to the CHT Land Disputes Resolution Commission Act, 2001, have not yet been adopted. The proposed amendments were sent to Parliament for consideration at its 10th Session in 2015. The Government adds that the CHT Land Dispute Resolution Commission was re-established in 2014. A national land policy has been proposed by the Ministry of Land. The Government emphasizes that ethnic communities are not facing difficulties in practicing jum (shifting) cultivation and community leaders have participated in capacity-building on this type of cultivation. The Committee requests the Government to provide information on the operation of the CHT Land Dispute Resolution Commission and on the mechanisms established for the participation of indigenous communities therein, including a copy of the Act, as amended, as soon as adopted. The Committee also requests the Government to provide information on the measures adopted to ensure that the land rights of indigenous communities, including the land rights of indigenous communities in the plains, are fully recognized and effectively protected. Please also provide information on the measures taken to investigate cases of the illegal seizing of indigenous lands.

Prospects for the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In reply to the Committee’s previous comments on the prospects for the ratification of Convention No. 169, the Government indicates that this question is under review. The Committee requests the Government to provide information on any developments in this regard.

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