Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

A Government representative complimented the Committee of Experts for the understanding, the objectivity and the sense of neutrality with which it had prepared its report. The Government had consistently co-operated with the Committee of Experts and with the Office. It had met its reporting obligations and provided all possible facilities to the direct contacts mission and to various non-governmental organisations. The report of the Committee of Experts was based on information provided by the Government and upon the observations of the mission which had visited Bangladesh (including the Chittagong Hill Tracts) in April 1988. The speaker then outlined the key demographic features of Bangladesh, and indicated that in order to promote balanced growth and rapid national advancement, the Government had implemented a number of far-reaching reforms to improve the quality of life of the people while, at the same time, maintaining their cultural and social traditions and ethnic identity.

He then went through each of the issues raised by the Committee of Experts in paragraph 34 of its observations.

Regarding paragraph 34(a), he described the special legislative treatment which had been accorded to the Chittagong Hill Tracts from the early part of this century. More recently the National Committee on the Chittagong Hill Tracts had reviewed a special legislation in the light of present day requirements, including the provisions of this Convention. It had recommended the repeal of the legislation; this was done in February 1989. This legislation also provided for the creation of three hill districts called the Rangamati Hill District, Khagrachari Hill District and Bandarban Hill District. Each of these districts would have its own elected council with a built-in-majority of tribal members, and with a tribal chairman. Elections for these councils were due to be held on 25 June 1989. The council would be responsible for civil administration, including the appointment of the police. They would have the power to approve or prohibit the sale of land rights, and to repossess land which had been fraudulently or corruptly obtained. They would be able to raise their own revenue through local taxes to supplement the funds provided by Central Government.

Regarding paragraph 34(b), the National Committee continued to function as a standing body. It makes recommendations to governments from time to time. Such recommendations may then form the basis of new administrative or legislative arrangements.

Regarding paragraph 34(c), section 64 of the act which established the district councils provided that land ownership, including transfer, would be dealt with by the Chairman of the District Council. This implied that tribal leaders now had direct supervision over ownership and transfer of land. The cadastral survey referred to by the Committee of Experts had been suspended at the request of the tribal leaders, but would take place once the Councils had been elected.

Regarding paragraph 34(d), the Government had adopted programmes for settling landless tribes on Government-owned land. A few hundred families had been settled under this programme, but it was hoped that the process would be accelerated once the Councils were established.

Regarding paragraph 34(e), 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.

Regarding paragraph 34(f), joint investigation committees were formed immediately after the occurrence of any breach of law and order involving the tribal and non-tribal populations. These committees were composed of tribal leaders, representatives of non-tribal residents of the area, and a magistrate. They investigated the incidence as a matter of urgency, collected evidence and prepared a report. On the basis of this report, alleged wrongdoers are charged in accordance with the law. This system has been in operation since August 1988.

Regarding paragraph 34(g), the Government was continuing to facilitate the repatriation of tribal people of Bangladeshi origin who were presently resident in other countries. He described visits to India which had taken place in May 1989 in order to facilitate this process. The President had also announced an amnesty for terrorists (which was valid until 25 June 1989) in order to further facilitate this process.

The speaker appreciated the interest which the Committee had taken in this matter, and assured it that the Government would uphold the principles of human dignity and would protect the rights and interests of the indigenous and tribal populations of the country.

The Worker member of the United Kingdom emphasised the importance of the Convention but noted that it was often difficult to deal with issues which arose in relation to it. This was because of the nature of some of the issues involved, the fact that often they related to remote areas, and that the countries concerned were often poor. He felt that in this case, the Committee had at last been presented with evidence of progress after a very long wait. He thanked the Government representative for his very full explanation of recent developments. However, he felt that there were still some very serious problems in relation to the position of tribal people in Bangladesh. In particular, he asked the representative for comments upon reports of an army attack on the village in May 1989 as a result of which thousands of people had left their homes for India.

As regards Article 11 of the Convention, he asked whether the legislation would respect the right to land ownership as embodied in this Article.

He also asked the Government to respond to suggestions that district councils would have the capacity to appoint only junior administrative officers and junior members of the police force - with more senior positions remaining the responsibility of the Central Government.

Finally, he asked for information as to the geographic coverage of the new councils. He had been informed that they totalled only about 10 per cent of the total area concerned.

The Workers' members referred to the fact that the Committee of Experts had noted progress in relation to compliance with the Convention at paragraph 94 of their report. They were pleased at the progress which had been made so far, and felt that this was at least partly due to previous discussions in the present Committee. They hoped that by next year the application of Convention No. 107 would have been strengthened in order better to protect the most vulnerable populations.

They expressed the hope that the conclusion of the Committee of Experts could be verified, and that the Government would provide the relevant information and texts. They still had serious concerns in relation to the application of the laws that were already in place, but they congratulated the Government for what had been done. They looked forward to full conformity with the Convention in the not too distant future.

The Employers' members expressed their appreciation for the full and candid explanation provided by the Government. This was a difficult case, which had been subject to special paragraphs in 1986 and 1987. The Government had now displayed a more positive attitude than in previous years, and new measures had been put in place, or were in the process of being put in place. They recognised that these divisions dealt with only some of the deficiencies which had been previously identified. In particular there was a continuing need to investigate human rights violations, to recognise tribal land rights, to determine the boundaries of tribal land, and to spell out procedures for dealing with disputes between tribals and non-tribals in relation to land matters. Nevertheless, they noted at least five positive changes since the matter had last been examined by the Committee.

Regarding paragraph 34(c), they asked the Government representative to explain what he had meant when he said that this paragraph implied that tribal leaders now had direct supervision over ownership and transfer of land. Finally, they reiterated that whilst there had been some progress, a great deal remained to be done. They urged that the necessary measures be taken as quickly as possible whilst recognising the enormous difficulties with which Bangladesh is presently confronted.

A Government representative explained that he was an official of the Ministry of Foreign Affairs and also the Secretary of the National Committee on the Chittagong Hills Tract. He provided a full account of the incident on 4 May to which the Workers' member of the United Kingdom had referred. He explained that in the aftermath of the murder of a prominent non-tribal person there had been a certain amount of violence, which resulted in a number of deaths and injuries, and in burning of houses. This disturbance had been brought under control within about six hours. A joint investigation committee had been established. As a result of its investigations 31 persons had been identified and charged, and were awaiting trial. The Government had made substantial provision for the rebuilding of huts which had been burned down. As regards the allegation that thousands of people had fled, the Government had invited the press to the area to see for themselves. It was true that some people had left their homes and gone to India, but it was also true that some others had returned. The situation was normal, as was evidenced by the meeting with Indian Government officials in May. He also referred to the Presidential Amnesty as further evidence of the Government's good faith in this matter.

As regards land questions, the district council would have full power in relation to questions of ownership, etc. He reiterated that the chairmen of the councils would invariably be tribals, and that two-thirds of the members would also be tribals. As to the cadastral survey, he repeated that it had been postponed at the request of the tribals and that the Government would be happy to report back on the results of the survey after the election.

As regards problems associated with traditional forms of agri-- culture, he indicated that this raised exceedingly complex issues - particularly in relation to the ownership of land which had been subject to "slash and burn" cultivation. It also raised some difficult ecological issues.

The district councils would have power in relation to all these issues except defence, foreign affairs, central planning and national highways. The councils would also be able to decide whether non-tribals should be permitted to settle in tribal areas.

In relation to the levels of officials who would be controlled by the district councils, he explained that tribal members would be elected by both tribals and non-tribals, and that the same was true for non-tribal members. This should ensure that the composition of councils would adequately protect the interests of tribals. The chairman of the council would have the status of a Deputy Minister, and would have the responsibility for executing the decisions of the council. The police superintendent would also be responsible for executing the decisions of the council. Police officers up to the level of Assistant Superintendent would be recruited from within the district, but more senior officers would be appointed through the national system.

The Government would continue to co-operate with the ILO in the implementation of this Convention, but asks for understanding for the severe contraints under which it operates.

The Committee noted with interest the Report of the Committee of Experts and the detailed explanations provided by the representatives of the Government of Bangladesh. The Committee recalled the various discussions which it has had in the past on these problems which had given rise to two direct contacts missions. The Committee welcomed the fact that the most recent direct contacts mission had intensive discussions with the officials concerned. It took note of the measures that have been adopted on the basis of the new laws of February 1989 including: the setting up of local councils, improved protection with regard to human rights of tribal populations, and a general improvement of the situation in the tribal area.

The Committee, however, observed with the Committee of Experts that further steps must be taken such as the effective examination of violations of human rights, the recognition of property of tribal populations and the delineation of tribal lands and the settlement of conflicts and disputes between tribal and non-tribal peoples. The Committee welcomed the fact that the Government of Bangladesh was prepared to co-operate further with the ILO. It hoped that the Government would continue to take all necessary measures to ensure full application of the Convention and that in its next report the Government would be able to answer all of the other questions posed by the Committee of Experts and by the Committee.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

(The information communicated included details of tribal populations in the country outside the Chittagong Hill Tracts.)

There is no substance behind the allegation of massacres of the tribal population in the Chittagong Hill Tracts. There is however no denying the fact that an unsatisfactory law and order situation prevails in some isolated areas due to illegal activities of misguided elements. These elements have resorted to violence without provocation and indulged in mass killings, rape, torture and wholesale burning of villages, which has affected both the tribals and non-tribals. Even the non-tribals who settled in the Chittagong Hill Tracts some 100 years ago were not spared from their atrocities.

Once again, it is reiterated that the requisite steps have been taken to implement the provisions of the Convention for promotion of the social, economic and cultural development of tribal populations and for integration of these populations into the mainstream of the national community.

According to the 1981 Census, the total population of the Chittagong Hill Tracts is 751,000. Of these, 442,000 are tribals. According to the 1974 Census, the total population of the Chittagong Hill Tracts was 508,000, of which 350,000 were tribals. There is a substantial increase in the tribal population during the period between two censuses. The growth rate of the tribal population stands at around 4 per cent while the national average growth rate is recorded as 2.32 per cent. The migration of non-tribals to the Chittagong Hill Tracts or to any other part of the territory of Bangladesh is an inalienable right of the citizens of Bangladesh, upheld by the decision of the High Court and the provisions of the Constitution which ensure the rights of free movement and settlement. As indicated in the report submitted in 1985, the Government has taken the necessary measures not only for the protection of the tribal culture and tradition but also for the economic and cultural development of the tribal people.

The Government is jealously protecting the balance between measures for integration and upholding the identity and institutions of tribal populations.

The detailed report on the tribal people living in the Chittagong Hill Tracts was submitted to the Office in 1985. Tribal people living in other districts and their number were enumerated in the table under article 1 of the 1985 report. Since these tribal people are located side by side with the non-tribal people and since there is no separate administrative arrangement for the uplift of the tribal population in other districts, the benefit of all measures taken for the development of those areas are shared by the tribal populations. In addition, preference is given to tribal people in matters of admission to schools and colleges, entry into the employment market as well as retention of their cultural heritage. Tribal institutions are planned to be located in areas having relatively more concentration of tribal population, as in Durgapur in the district of Mymenshingh.

Some missionaries are also allowed to operate programmes for education, health and employment of tribal people in areas of concentration. Five missionary agencies have been working in tribal areas. They are registered with the Ministry of Social Services and Women's Affairs. They are required to submit to the registration authority reports on their activities from time to time.

The Government is empowered to make rules under the Chittagong Hill Tracts Regulation, No. 1 of 1900. Such rules are adopted for implementing the provisions of the regulation, but no copy can be made available as they have not been compiled into a manual.

The acquisition of land by non-tribal people is authorised as per laws of the land which provide different conditions for such acquisition. The suggestion of the tribal leaders, whom an ILO official met during his visit to Rangamati, to the effect that a formal prohibition on the acquisition of land be imposed, is not acceptable to the Government. The Chittagong Hill Tracts occupy approximately one-eighth of the total area of Bangladesh, whereas 1 per cent of the people live in these areas. It is needless to mention that Bangladesh is the most densely populated country in the world and therefore migration of people from densely populated areas to sparsely populated areas is a natural phenomenon.

A high inter-ministerial committee is already in existence in conformity with Articles 2 and 27 of the Convention, which looks after the implementation of policies and programmes for tribal population.

The policy of land settlement encourages the tribals to own specified areas of land for settled cultivation and assured living.

The specific characteristics of the tribal populations of the Chittagong Hill Tracts are kept in view when development activities are initiated. A special development programme was adopted in view of the fact that normal sectoral allocation of development resources was found to be inadequate for expansion of modern facilities and services to the sparsely populated and difficult terrain. It was also designed to accelerate economic development of the area.

Although the majority of the people belonging to tribes want to live in peace and participate in various development programmes of the Government, a limited number of misguided elements continue their efforts to create disturbances and disrupt law and order for personal gains.

It may also be mentioned in this connection that in order to bring back the misguided tribals who have taken up arms and to allow them to lead a normal life in the society and also to enjoy the fruits of development activities, the Government has declared an amnesty as well as certain concessions for those who will surrender to the administration.

It may be noted that in persuance of the amnesty declared by the Government, a good number of the misguided tribals have come back and settled in their places of origin. Others are coming back gradually in batches. Arrangements for their rehabilitation are being made accordingly.

Reception camps for tribal refugees are arranged temporarily for ultimate rehabilitation.

A Government representative drew the Committee's attention to the information provided by his country in writing. In its observation, the Committee of Experts had pointed to the need for a re-evaluation of the Government's policy towards the tribal population, an analysis of population distribution and movement in the Hill Tracts, an analysis of land ownership, an examination of whether development activities in those areas took sufficient account of the specific characteristics of the tribal populations, an investigation of the allegations of massacres and other abuses against the tribal population, and a clarification of the situation concerning tribal refugees.

The Government had taken note of the clarifications given by the Committee of Experts on the questions of population distribution and its concern for the lives and safety of the populations concerned. The Government representative wished to reiterate that all persons, irrespective of origin, caste, creed, religion or sex, were safeguarded under the country's Constitution. The Government had always taken a keen interest in the welfare of all tribal populations, including those in the Chittagong Hill Tracts, as was reflected in the detailed reports and enclosures submitted in 1985 and 1986. With the expansion of communications, education, agricultural development and industrial activities, tribal populations had joined the mainstream of society. In order to maintain that trend, the Government had already set up a Council Committee on the Chittagong Hill Tracts, with the President as its Chairman. A massive development programme had also been launched. The Council Committee was not only in conformity with the suggestion made earlier by the Committee of Experts regarding the establishment of an inter-ministerial committee, but also operated as the highest forum for the re-evaluation of policy needed in the light of the provisions of the Convention. It was the Government's firm policy to protect the balance between measure taken for the integration of tribal populations and the need to uphold their identity and institutions under the terms of the Convention.

The point relating to population distribution had already been met in the detailed information communicated in writing by the Government, where it was pointed out that the tribal population had a growth rate of 4 per cent as against the national average of 2.32 per cent.

Under the national Constitution, the Government had the sovereign right over the ownership of the land. In the past, tribal populations that had migrated from place to place had had no substantive ownership in any area. Nevertheless, under the provisions of Regulation No. 1 of 1900, the Government had adopted rules for the registration of documents and the regulation of transfers of land to the tribal population and had taken further steps to give tenancy rights to them. Thus a process had been initiated to enable tribal populations to reap the benefits of the Government's development efforts.

The Government had taken care to retain the characteristics of the tribal population in general and had adopted measures for upholding their cultural heritage. The tribal institutions noted in the report and some non-governmental institutions and missionaries were working out a system of writing for some of the country's tribal populations. That measure was likely to bear fruit in the coming years and to give the tribal populations an additional means of retaining their traditions and heritage.

The speaker also said that the alleged massacres and abuses against tribal populations were without any foundation. The Government had already given appropriate replies to the agencies which had raised those issues. The Committee's attention was drawn to the fact that misguided elements had been found forcibly collecting tolls from the tribal populations, resorting even to mass killings, rape and torture. That had created an unsatisfactory law-and-order situation which the Government had had to contain for the safety of the people in the area. The misguided elements concerned were armed and were affiliated to an alien ideology; they seemed to have taken refuge in territories outside Bangladesh.

The question of tribal refugees was also related to the forced eviction of settled tribal population by the same misguided elements. Refugees who has crossed the borders and taken shelter in camps were now being persuaded to return to their homes. The Government was in touch with the authorities in neighbouring countries with a view to arranging for their early repatriation. As indicated in the information provided above the returnees were given adequate support for their rehabilitation.

Since Bangladesh's ratification of this Convention in 1972, the Government had taken steps to organise, within the Ministry of Labour and Manpower, a small unit for interacting with the ILO on standards matters. It had also arranged for the establishment of focal points in different ministries and employers' and workers' organisation in order to be able to meet the Organisation's requirements. With ILO's assistance, it had already organised a national tripartite seminar on standards and would welcome further assistance so as to strengthen its administrative capacity. Since several Government agencies were involved in the development of tribal populations, time was needed to give an effective response to the Committee of Experts, to whose requests the report of 1987 was geared. The Government shared the Conference Committee's views on the usefulness of dialogue and offered its full co-operation.

The Employers' members noted that this Committee had been dealing with the protection of indigenous and tribal populations in Bangladesh for several years. Like the Committee of Experts, it had grounds for concern. It also had had the impression that not all the information required had been forthcoming, although the Government had recently supplied a certain number of answers in writing, and its representative in the Committee had just clarified certain other points. According to the Committee of Experts, there were six problem areas, and in 1986 the Conference Committee had felt obliged to express its concern in a special paragraph of its report. It was necessary for the Government to submit a full written report on the subject, and a further direct contacts mission to deal with the tribal situation on the spot might also be useful, since the direct contacts mission of 1986 had apparently been a failure. In view of the great importance of the problem, the Committee needed to be reassured. It realised that Bangladesh was a low-income developing country, but the Government ought to intensify its efforts to comply with the provisions of the Convention, with the support of the ILO.

The Workers' members said that in 1987, as in previous years, the Committee must emphasise the seriousness of the problem, since it had a duty to protect minorities and the weak, in Bangladesh as well as in any other countries where the problem arose. In the case under consideration, an end had to be put to the persecutions, oppression and brutality to which, according to reports, the tribal populations had been, and unfortunately still were being, subjected. In 1986 the Committee had decided to include a special paragraph on Bangladesh in its report. In 1987, at the end of its discussion, it would have to decide what it should do to help the Government to take account of the comments made by the Committee of Experts and the Conference Committee. Although the case had been discussed at length in previous years, the Government had not sent in the report requested, and only at the last moment had it supplied a written reply. Furthermore, as the Employers' members had stated, neither the Government representative nor the information communicated had mentioned the suggestion that had been made concerning the dispatch of a direct contacts mission to Bangladesh to examine the problems on the spot, especially given the failure of the first mission. All the information contained in the Government's written reply was rather vague. The reply also asserted that the report of the Committee of Experts contained exaggerations and inaccuracies, but the information had originated from reliable sources such as Amnesty International or certain United Nations bodies. A further source of concern was the assertion that the Government was taking the necessary steps to secure the protection of tribal populations when other sources indicated that such protection was being provided by the army, whose methods were by no means peaceful. The Government had indicated that most of the tribal populations wanted to live in peace and to participate in the Government's development programmes, but that a small number of misguided elements continued to foment trouble with a view to deriving personal advantage. In that connection, the question arose as to whether the tribal populations could not have their own police; if the forces that came to restore order were outsiders, they would always be poorly received. The question was not, of course, a simple one, and the coexistence of different groups in the same society posed problems in many countries, both developed and developing. Nevertheless, the application of the Convention was an inescapable duty. Consequently, more must be done to ensure that the poorest and weakest members of society were protected and to secure conformity with the Convention, which, in the case under consideration, was still far away. The Committee ought to give the Government of Bangladesh further encouragement and to consider in what way it could assist it.

The Government representative explained that it had endeavoured to facilitate the investigations made by the direct contacts mission sent to Bangladesh in 1986, However, the mission had had its reservations concerning the arrangements made for it to bring its work to a successful conclusion. The Government had felt that, if it gave a detailed reply, as it had done in the 1986 report, some of the misgivings expressed by the Committee at its previous session would be allayed. Apparently, as the Employers' had pointed out, it would be wise to submit a full written report. The detailed report already submitted to the Committee was quite long and covered almost all the points raised in the direct request made in 1986, as well as in the observation made by the Committee of Experts. For example, the report indicated that tribal returnees received cash awards for surrendering their arms, an allotment of five acres of land free of charge, and a grant of agricultural and horticultural loans at a lower rate of interest, as well as help with the building of houses, the provision of agricultural inputs and a supply of food for one year. Several of the points raised in the present Committee had also been dealt with elsewhere in the United Nations system. For instance, a detailed report had been submitted to the Sub-Commission on Prevention of Discrimination and Protection of Minorities in August 1984, as well as to Amnesty International.

As far as the involvement of the army was concerned, it should be borne in mind that until May 1986 the entire country had been under martial law, not just the Hill Tracts. A subcommittee of the cabinet under the chairmanship of the President himself was looking into matters relating to tribal populations as an expression of the Government's concern for the need to protect them from those who had so far disturbed law and order.

His Government's 1985 report had contained a comprehensive supplement on the development activities undertaken in the Chittagong Hill Tracts. As early as 1978 the Tribal Cultural Institute had been set up in there at a time when the Committee of Experts and the Conference Committee had not been involved in the dialogue with his Government. A special effort was being made to promote the education of tribal children and their subsequent entry into the labour market. In fact, per capita expenditure on the development of tribal populations in the Hill Tracts and elsewhere was higher than that allocated to the rest of the population. His Government was willing to co-operate with the Committee of Experts and the Secretariat and to give further detailed information as and when required. Since focal points capable of supplying the necessary information existed within the various government agencies concerned with the tribal populations, the Government would probably be able to respond to the Committee's requests in future.

The Worker member of the United Kingdom thanked the Government representative for the detailed information supplied orally and in writing to the Committee. It was encouraging to observe that the Government recognised that the Committee of Experts and the present Committee were competent to deal with the particular matter under consideration. The problem was that the present Committee was not in a position to examine so much information. The information supplied appeared to contradict that issued by human rights organisations such as Amnesty International. Consequently, it would be advisable for the Government representative to give serious consideration to the possibility of immediate direct contracts, so that the complex matter could be clarified and an exhaustive report could be prepared for subsequent consideration.

The Government representative said that his Government had made quite elaborate efforts to respond to the questions put by the Committee of Experts and to follow up on the decisions adopted by the Conference Committee in 1986. Also, his Government had recently started a fruitful dialogue with its neighbours with a view to securing the repatriation of tribal persons who had crossed over into their territory. In its concern to demonstrate its position to the world at large, the Government had even arranged for the ambassadors of various countries to see for themselves the conditions of the tribal populations in the Chittagong Hill Tracts. Consequently, it would be correct to say that a consistent effort had been made to respond to the Committee's wishes. In any case, the Committee's recommendations would be transmitted to Dacca, and contact would be established with the Standards Department as soon as possible.

The Workers' members said that they had a duty to reiterate their serious preoccupation and to insist that reports should be transmitted, that measures should be taken, and that a direct contacts mission should be sent to Bangladesh, which had offered no response, in order to assess the situation and to verify the sometimes contradictory information that had been received. The case should again be mentioned in a special paragraph.

The Employers' members stated that, in view of the many problems and uncertainties that were still outstanding, they considered that direct contacts constituted the best way of dispelling their doubts. The information supplied by the Government representative in his reply was contradictory, since he had stated that contact would be made with the Standards Department but had given no indication as to the possibility of requesting a direct contacts mission. The Committee therefore ought to express its concern in its report. Next year it would be necessary to review the case again in order to determine whether any substantial changes had taken place.

The Government member of Czechoslovakia said that, in view of the very detailed information provided by the Government representative, he did not consider that the case ought to be mentioned in a special paragraph of the report. Since the Government had made considerable efforts to co-operate with the Committee, it was doubtful whether a special paragraph would offer the best form of encouragement. It was his understanding that the Government representative was not rejecting a direct contact mission; he had merely stated that he was going to consult his Government.

The Government representative stated that the proposal of a direct contacts mission would be transmitted to Dhaka for a response. He said that the proposal to mention the case in a special paragraph may be reviewed in view of the interaction between the Committee of Experts and the Government, as well as in view of the information submitted in the detailed reports submitted in the last three years.

The Committee took note of the information communicated by the Government and explanations provided by the Government representative on the application of the Convention. It reiterated its concern regarding the situation of indigenous and tribal populations in Bangladesh. It urged the Government to adopt concrete measures along the lines of the comments made by the Committee of Experts, with a view to ensuring that the Convention is fully applied. It suggested that the Government should reconsider the possibility that a representative of the Director-General should make a further visit to the country, with a view to examining on the spot all the questions raised by the Committee of Experts. It urged the Government to supply information on all questions raised. Finally, it decided to mention the case in a special paragraph of its report.

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

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

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

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee recalls that it has been examining the situation in Bangladesh under this Convention for many years, against the background of allegations of human rights abuses, large-scale migration into tribal areas by Bengali settlers from other parts of Bangladesh and consequent displacement of tribal people from their traditional lands, and an armed insurgency by tribal militants - resolved by the Chittagong Hill Tracts Peace Accord, 1997. The Government’s report arrived too late to be examined at the Committee’s previous session, and therefore covers the period up to May 2003 only.

2. The Committee notes in general that the report was quite brief, and contained summary information in reply to its previous comments. It hopes that the next report will go beyond a brief response to the questions posed, and will provide more detailed information including supporting documentation on how the various matters involved in the Convention’s implementation are being dealt with.

3. Chittagong Hill Tracts Peace Accord, 1997. The Committee notes the statement in the report that many of the provisions of the Peace Accord have been implemented, and that the present Government has "decided to implement the unimplemented provisions gradually within the framework of the Constitution (…) ensuring sovereignty, territorial integrity and security of the country as well as the rights of the people living in the CHT". The Committee requests the Government to indicate which provisions are now under implementation, and which remain to be implemented, and to provide more detailed information on the efforts being made in this respect.

4. It notes in addition the reference to those "living in the CHT". It recalls the concern previously expressed that the displacement of tribal people from their lands in the face of continued immigration will submerge the traditional occupants of these areas, and notes estimates that the proportion of those living in the CHT who are tribal has gone from over 90 per cent to about 60 per cent in the last few years. It hopes the Government will take this into consideration in its development efforts, and in deciding whether to continue to encourage non-tribal settlers in this region.

5. Legislation in force. The Committee has previously asked about the legislation in force in the CHT, and particularly whether the CHT Regulations 1900 were still in force and what had replaced them if not. It notes that the enactment of other legislation has meant that the provisions of the CHT Regulation have now been superseded. The Committee requests the Government to provide a consolidated list of the legislation now in force in this area.

6. Articles 11-14 of the Convention. Land rights. The Committee recalls that in its previous comments in 2001, it noted that "(o)ne of the principal causes of the conflicts has been the loss of tribal land to non-tribals. The Peace Agreement provides that the Government is to carry out a cadastral survey in consultation with the Regional Council, with the objective of the Ministry of Land providing two acres of land to landless tribal families". It notes the statement in the report that a Land Commission Act has been passed by the Parliament and a Land Commission has been constituted with a Judge of the Supreme Court as its chairman to resolve the land disputes of three hill districts. It notes further that the Land Commission "is expected to function soon".

7. In this regard, the Committee recalls that it already noted in its 2001 comments that a Land Commission had been constituted in June 1999, and that it had not yet begun functioning. The report received in 2003 indicated that the Government was taking steps to establish the offices of the Land Commission and to recruit the necessary personnel. Please indicate whether the reference is to the same Land Commission referred to previously; whether it has now begun functioning; and what results have so far been achieved. Please also forward a copy of this legislation.

8. In its previous comments, the Committee noted that the Government had indicated that, in accordance with the CHT Peace Accords, the Divisional Commissioner, Chittagong Division of the Ministry of Land, and the deputy commissioners of the three hill districts were instructed to take steps to cancel the lease agreements of non-tribals who were allotted lands in the CHT for rubber and other plantations and failed to use the lands for the purpose for which they were leased, and that some such leases had been cancelled. The Government indicated in its last report that it was yet to receive detailed information in this respect, and asks it to provide such information in its next report.

9. Landless families. The Committee notes that no further action was taken for the 3,000 landless families referred to in the previous report and comments, but that the Ministry of CHT Affairs has undertaken projects under which around 4,300 landless tribal people are being "rehabilitated". Please provide information on the number of landless tribal people that presently exist, and provide information on the success of these and other projects to provide them with lands.

10. Jhum cultivation. The Committee recalls that it had noted previously its concern over the Government’s efforts to abolish "jhum" cultivation, which is the traditional shifting cultivation method of many of the tribal people in the CHT, and asked for further information on the alternatives being explored. The Government again refers in its report to efforts to eliminate jhum, which it considers harmful to the environment. Please indicate what measures are being taken, in accordance with the requirements of paragraphs (b) and (c) of Article 4 of the Convention:

(b)  the danger involved in disrupting the values and institutions of the said populations unless they can be replaced by appropriate substitutes which the groups concerned are willing to accept shall be recognized;

(c)  policies aimed at mitigating the difficulties experienced by these populations in adjusting themselves to new conditions of life and work shall be adopted.

11. In the same respect, the Committee notes the reference to various development efforts under way in the CHT with international financing. The Committee requests the Government to indicate how consultations have been held with tribal leaders before development projects affecting their situation were undertaken, and how concerns about the preservation of their traditional ways of life have been dealt with.

12. Return of refugees. The Committee recalls that in 2001 it noted that "the return of these refugees from Tripura State in India was completed in February 1998 with the return to Bangladesh of 64,433 people belonging to 12,222 families". It asked for further information on the return of other refugees. The Committee notes that the report received in 2003 refers to exactly the same number of refugees having been returned. It also indicates that the task force that had been constituted after the signing of the Peace Accord to continue to deal with this question met several times but could not submit a comprehensive report; that its activities are suspended; and that the Government has decided to reconstitute it. Please indicate whether this task force is now functioning and whether it has now resolved the plight of these refugees. Please indicate in this connection whether further refugees remain in India or elsewhere, and what is their situation.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee recalls that for many years an armed conflict was taking place in the Chittagong Hill Tracts (CHT) region of the country between government forces and the Shanti Bahini, the armed wing of the Parbattya Chattagram Jana Sanghati Samity (PCJSS, United Peoples’ Party of the CHT). The Committee noted in its previous observation that a Peace Agreement was signed between the Government and the PCJSS on 2 December 1997. It asked the Government to provide detailed information on its implementation, which has been received. The Committee’s examination of the application of the Convention has been framed against the background of allegations over years of forced displacement of the tribal people of the CHT and settlement in the region of thousands of non tribal people from other parts of the country, large numbers of tribal refugees fleeing the country, and disputes over land and tribal autonomy. While welcoming the Peace Agreement, it is aware that controversy remains over the slow progress of its implementation, as indicated in the Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination when it last examined the situation of Bangladesh (UN document CERD/C/304/Add.118, 23 April 2001). The Committee requests the Government to provide further information in this respect in its next report.

2. Administration. The Committee notes that an implementation committee for the Peace Agreement was constituted on 20 January 1998, and four meetings have been held. The Chittagong Hill Tracts Regional Council was created in May 1998, on the basis of the Agreement, to coordinate the three Hill District local government councils, and to carry out law and order functions. In September 1998, a 22 member interim regional council was established with the head of the PCJSS as its chairperson. The Committee requests the Government to continue to keep it informed on the progressive transfer of administrative responsibility to the tribal leaders in the CHT.

3. The Committee notes from the report that development allocations for the CHT have been made, and gradually increased, under the Peace Agreement but that the line ministries have taken up their own development programmes in these areas. Please provide more information on the practical implications of this development, with particular attention to the involvement of the tribal leadership in the planning and implementation of all development activities undertaken in the region.

4. Legislation in force. The Committee asked in its previous comments for information on the possible repeal of the Chittagong Hill Tracts Regulation (No. 1 of 1900), which has been the basic legislation in force for the region. The Government states in its report that the CHT Regional Council is to advise on the amendment of the Regulation and the removal of contradictions between it and the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989, which the Committee understands has not entered into force. Please provide information on the progress of this effort.

5. Return of tribal refugees. The Committee recalls that the return of tribal refugees from India was the subject of an agreement signed within the framework of the Peace Agreement. The Government states in its report that the return of these refugees from Tripura State in India was completed in February 1998 with the return to Bangladesh of 64,433 people belonging to 12,222 families. The Task Force established for the purpose has met regularly, and has now also completed the identification of internally displaced refugees. The Committee notes that the refugees were given rations for one year and nine months, which was more than provided for in the Peace Agreement. The Committee requests the Government to indicate in its next report whether the refugees have been resettled, whether in their former homes or elsewhere. Please also indicate whether the Task Force has issued reports on its work, and if so forward copies.

6. Land - Articles 11 to 14. One of the principal causes of the conflicts has been the loss of tribal land to non tribals. The Peace Agreement provides that the Government is to carry out a cadastral survey in consultation with the Regional Council, with the objective of the Ministry of Land providing two acres of land to landless tribal families. The Committee notes the constitution of a Land Commission for this purpose in June 1999, which is to resolve all the different land disputes in the CHT. It notes with regret, however, that the Commission has not yet begun functioning. Given the importance of resolving these conflicts, the Committee hopes that the Land Commission has now gone into operation, and asks the Government to provide information on the progress achieved in this regard.

7. The Government has indicated that the Divisional Commissioner, Chittagong Division of the Ministry of Land, and the deputy commissioners of the three Hill Districts were instructed to take steps to cancel the lease agreements of non tribals who were allotted lands in the CHT for rubber and other plantations and failed to use the lands for the purpose for which they were leased, and that some such leases have now been cancelled. Please indicate how much such land has been leased, how much has been recovered, and whether it has been distributed to landless tribal families.

8. The Committee notes in this regard that the rehabilitation case of 3,000 landless tribals to which reference was made in the Committee’s previous comments has not been resolved, because the documentation for this purpose is still with the Planning Commission for approval. As this particular case has now been pending for several years, the Committee hopes the Government will be able to indicate in its next report that the situation of these families and others has been resolved.

9. The Committee notes the information received concerning reafforestation in the CHT, and requests the Government to keep it informed of progress in this regard.

10. As regards the Committee’s concern about the Government’s attitude towards "jhum" cultivation, which is the traditional shifting cultivation method of the tribal people in the CHT, it notes with interest the remark in the report that the Government is encouraging a different jhum method which it indicates will be less destructive of the environment. Please continue to provide information on discussions and policies in this connection.

11. The Committee notes that the Government has not provided a reply to the following point in the Committee’s previous observation, and requests it to do so:

With reference to its previous comments regarding the power of the district councils to allocate land rights, the Committee notes the Government’s comment that a solution for this issue has been provided for in the Peace Agreement. The Committee also notes that, under section 26 of the Chapter of the Peace Agreement on Chittagong Hill Tracts Local Government/Hill District Council, no lands in a particular district can be leased out, sold, purchased or transferred without prior permission of the relevant district council, regardless of laws that may stipulate otherwise, with the exception of reserved forest, the Kaptai Hydro electric Project Area, the Betbunia Satellite Station area, state-owned industrial enterprises and government-owned lands. Please indicate the proportion of the Chittagong Hill Tracts covered by this exception. The Committee also understands that the Government cannot acquire or transfer any lands, hills and forests under the jurisdiction of a district council without its prior approval.

[The Government is requested to report in detail in 2003.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

1.  The Committee notes the Government’s report and refers to its observation on this Convention.

2.  Articles 11 to 14.  In this respect, with reference to its observation, the Committee notes that, under sections 2 and 4 of the chapter on rehabilitation, general amnesty and other issues of the Agreement, the Government will undertake a land survey and resolve all disputes relating to land in consultation with and subject to the verification of the regional council, and that, to facilitate this process, a land commission will be set up, headed by a retired judge, with a mandate to settle all land disputes and the power to annul rights of ownership on land which have so far been given to illegal settlers or lands that have been encroached upon illegally. The Committee also notes that no appeal can be made against the decisions of the land commission. Recalling its concerns expressed with regard to the cadastral survey the Government intended to undertake prior to a resolution of conflicting land claims between non-tribal and tribal people (including the refugees in India and those that have been internally displaced within the Chittagong Hill Tracts (CHT) region itself), the Committee reiterates once again its concern that the Government take the necessary steps to protect the land rights of the tribal inhabitants of the CHT and requests the Government to provide information on the procedures set up to resolve the lands rights issue and provide information on land allocations made (including those made prior to the signing of the Agreement as requested in its previous observation) and disputes settled and their outcomes. It also requests the Government to inform it whether the land commission has the mandate to settle disputes with regard to government-owned land. Noting that the mandates of the land commission and the district councils with regard to land contain elements that may lead to conflicting allocations, the Committee requests the Government to inform it whether procedures are envisaged to pre-empt this possibility. Noting that, under section 9 of the chapter on Hill Tracts Regional Parishad of the Agreement, the regional council has a mandate for overall supervision and coordination of matters under the jurisdiction of the three district councils, including final decision power in case of any conflict or lack of coordination, it would also appreciate receiving information on the role of the regional council with regard to land allocation.

3.  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 recalls that it requested 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. Noting the Peace Agreement signed on 2 December 1997 and the framework laid down in the agreement for restructuring administration and regulation in the CHT, the Committee requests the Government to provide information on the effects of this restructuring on the proposed afforestation, including information on the participatory mechanisms in place to include tribal people in the implementation of the project.

4.  The Committee notes the information indicating that 3,000 landless tribal families have been rehabilitated by the Chittagong Hill Tracts Development Board under the first and the second phases of the Highland Settlement Project. It also notes that each family is earning Tk.4,000 per month from activities carried out under the project. Noting the Government’s statement that a plan exists under which a further 6,000 families would be rehabilitated, 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, the Forest Department, the district councils and the segments of the people concerned.

5.  With reference to its previous comments regarding the Government’s policy to discourage, on the basis of technical grounds, the traditional form of agriculture known as jhumming (shifting cultivation), the Committee notes that, under the Peace Agreement, responsibility for the regulation of land and land management as well as Jum cultivation falls within the mandate of the Hill Districts Councils. In this regard, the Committee requests the Government to provide information on the technical reasons on which the discouragement policy is based, and, noting the absence of information in the Government’s report, 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.

6.  Return of tribal refugees and freedom of movement in the CHT.  The Committee notes from the Government’s report that 14,877 tribal refugees of 3,043 families have returned home in three phases during 1994-97, and that of these 3,036 have been rehabilitated to their original homes. It also notes the Government’s indication that there are as yet no plans to dismantle the existing cluster villages. In this regard, the Committee requests the Government to continue to provide information on the number of refugees that have been rehabilitated to their original homes and to indicate whether it intends to dismantle the existing cluster villages, and whether the construction of new ones is being considered. The Committee also notes the Government’s statement that it does not intend to lift the restrictions on the right to freedom of movement of foreigners in the CHT but that it intends to review the matter from time to time. It requests the Government to provide further information on the underlying reasons for not lifting the restrictions on the right to freedom of movement for foreigners now that a Peace Agreement has been signed and to indicate whether any reviews of the restriction measures have been undertaken and their outcomes.

7.  Situation of other tribal populations of Bangladesh.  The Committee notes the Government’s statement that the information sought after in its previous comments will be provided in the near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

1.  The Committee notes the Government’s report. It recalls that an armed conflict has been going on in the Chittagong Hill Tracts (CHT) region between government forces and the Shanti Bahini (Peace Force), the armed wing of the Parbattya Chattagram Jana Sanghati Samity (PCJSS, United Peoples’ Party of the CHT) for over 20 years. It notes with interest that a Peace Agreement was signed between the Government and the PCJSS on 2 December 1997, a copy of which the Committee has examined. The Committee hopes the Government will provide detailed information in its next report on the implementation of this Peace Agreement.

2.  The Committee notes that, under section 1 of the General Chapter of the Peace Agreement, the CHT is recognized as a region inhabited by tribal peoples and that both sides recognize the need for protecting the characteristics and realizing the overall development of the CHT. It further notes that the Peace Agreement contains a framework for amending the Hill Tracts Districts Local Government Council Acts (Acts No. XIX, XX and XXI of 1989) providing the three district councils with more regulatory and administrative powers. It also provides for the establishment of a regional council, consisting of ex officio members of the district councils as well as other members, with reserved seats for tribals, indirectly elected by the district councils, with regulatory, supervisory and coordinating powers, as well as the establishment of a ministry on Chittagong Hill Tracts Affairs with a tribal minister. The Committee notes that the Peace Agreement also contains provisions for the partial demilitarization of the CHT and amnesty for  those armed members of the PCJSS who surrender their arms within a certain time. Finally, the Committee understands that legislation to implement the Peace Agreement has been adopted and is being implemented. The Committee requests the Government to provide it with copies of the relevant legislation and, taking into account the present observation, to clarify the relationship between the Peace Agreement and the new legislation and their respective force under national law, as well as to provide detailed information on their implementation.

3.  Legislation in force.  With reference to its previous comments regarding the concerns of tribal representatives over the possible repeal of the Chittagong Hill Tracts Regulation (No. 1 of 1900) through the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989, the Committee  notes from the Government’s report that a committee has been set up to examine the effects of this possible repeal. The Committee understands in this regard that the 1989 Act has not yet entered into force and that a Bill is before Parliament to repeal it, and requests the Government to keep it informed on the status of the Act. The Committee also notes that under section 11 of the Chapter of the Peace Agreement on the Hill Tracts Regional Parishad (council), the regional council to be established is to provide the Government with advice and proposals with regard to any  contradiction that may exist between the 1900 Regulation and related laws and regulations, and the 1989 Local Government Council Acts. The Committee also notes that under the Peace Agreement the Government may formulate any law regarding the CHT subject to discussion and the advice of the regional council. In this regard, the Committee requests the Government to provide information on the legal status of the consultation and advisory powers of the regional council, and on the way in which they have been exercised in practice.

4.  Articles 11 and 14 of the Convention.  With reference to its previous comments regarding the power of the district councils to allocate land rights, the Committee notes the Government’s comment that a solution for this issue has been provided for in the Peace Agreement. The Committee also notes that, under section 26 of the Chapter of the Peace Agreement on Chittagong Hill Tracts Local Government/Hill District Council, no lands in a particular district can be leased out, sold, purchased or transferred without prior permission of  the relevant district council, regardless of laws that may stipulate otherwise, with the exception of  reserved forest, the Kaptai Hydro-electric Project Area, the Betbunia Satellite Station area, state-owned industrial enterprises and government-owned lands. Please indicate the proportion of the Chittagong Hill Tracts covered by this exception. The Committee also understands that the Government cannot acquire or transfer any lands, hills and forests under the jurisdiction of a district council without its prior approval.

5.  In this respect, the Committee recalls the concern it has previously expressed that the Government should act with dispatch to resolve conflicting land claims between tribals and non-tribals in the CHT, taking into account the number of illegal settlements and the large number of tribals who had fled from their lands. While it is considering the matter in detail in a request addressed directly to the Government, the Committee requests the Government to provide a full report on developments in this regard. This should include information on the procedures established to resolve conflicts, and on their implementation.

6.  Return of tribal refugees.  The Committee notes that, as stated in section 1 of the Chapter of the Peace Agreement on Rehabilitation, General Amnesty and Other Issues, an agreement was signed between the Government and tribal refugee leaders on 9 March 1997 at Agartala, Tripura State, India, with regard to the return of tribal refugees staying in Tripura State. It notes that their return under this scheme will continue unaltered within the framework of the Peace Agreement and that the internally displaced tribals in the three hill districts will be rehabilitated through proper identification by a task force. In this respect, the Committee requests the Government to inform it of the total number of tribal refugees that fall within the rehabilitation scheme, the number of tribal refugees that have been repatriated under the Peace Agreement so far, the assistance they have received upon repatriation and any problems that may have been encountered during and after rehabilitation. It also requests the Government to inform it of the activities of the task force responsible for the rehabilitation of the internally displaced persons, including information on the definition and method used in ascertaining their status, their total number, the number rehabilitated, the assistance they have received and problems that may have been encountered during and after rehabilitation.

7.  In addition to the tribal refugees in Tripura State, most of whom have been documented, the Committee understands that a substantial number of undocumented tribal refugees are staying in Mizoram State, India, and that some of these have also been repatriated and rehabilitated. The Committee requests the Government to provide any available information on the total number of undocumented tribal refugees, the number rehabilitated and the assistance they have received. Furthermore, the Committee has received reports that the added pressure of rehabilitated refugees on agricultural activity and food supplies has led to famine in certain areas of the CHT. It has also received reports that the non-deliverance of rehabilitation packages has contributed to this situation and that especially the returnees from Mizoram State have been the victim of this famine. The Committee understands that the Government has supplied food to the affected areas, and requests it to provide information on the number of people affected, and measures taken to alleviate the plight of these people, as well as information on the causes of the food shortage and measures envisaged to provide for a sustainable solution of the problem.

8.  Articles 2 and 10.  Alleged human rights violations.  With reference to its previous comments, the Committee notes that the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment has stated that the continuing flow of information about abuses committed by the army in the CHT suggests that the Government should establish effective and independent means to monitor the army’s counter-insurgency methods in the area (UN document E/CN.4/1997/7). In addition, the Committee continues to receive reports of human rights violations, including reports on violations committed after the signing of the Peace Agreement, against the tribal inhabitants of the CHT. These include reports on the abduction in the night of 11-12 June 1996, of Kalpana Chakma, the Organizing Secretary of the Hill Tracts Women Federation, which, the Committee understands, is of particular concern to the tribal inhabitants of the CHT since her fate apparently remains unknown and the final report of the three-member inquiry committee was not made public. The Committee requests the Government to provide detailed information on measures taken or contemplated, especially within the framework of the Peace Agreement and its implementation legislation, to protect the life and property of the tribal inhabitants of the CHT.

9.  Planning and execution of development projects (Articles 2, 6 and 27).  The Committee understands that a Ministry on Chittagong Hill Tracts Affairs, as well as an interim Regional Council, has been set up. It requests the Government to provide information on their composition, mandate and powers. It understands that, apart from its administrative and regulatory powers, the Ministry plays an important role in the formulation and planning of development programmes. The Committee requests the Government to provide information on the activities of the Ministry relating to development, including any coordination and executive activities it may undertake. Please provide further information on the impact of the different development projects undertaken or under consideration on the socio-economic and cultural development of the tribal inhabitants of the CHT, including assistance from the International Labour Office which is being proposed, and the modalities for including tribal participation in the formulation and evaluation of the projects outlined in the report. The Committee would also appreciate receiving information on the modalities of tribal participation in the planning and implementation phases of programmes and projects undertaken under the auspices of the various international agencies.

10.  The Committee is raising additional points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's report and refers to its observation on this Convention.

2. Articles 11 to 14. In this respect, with reference to its observation, the Committee notes that, under sections 2 and 4 of the chapter on rehabilitation, general amnesty and other issues of the Agreement, the Government will undertake a land survey and resolve all disputes relating to land in consultation with and subject to the verification of the regional council, and that, to facilitate this process, a land commission will be set up, headed by a retired judge, with a mandate to settle all land disputes and the power to annul rights of ownership on land which have so far been given to illegal settlers or lands that have been encroached upon illegally. The Committee also notes that no appeal can be made against the decisions of the land commission. Recalling its concerns expressed with regard to the cadastral survey the Government intended to undertake prior to a resolution of conflicting land claims between non-tribal and tribal people (including the refugees in India and those that have been internally displaced within the Chittagong Hill Tracts (CHT) region itself), the Committee reiterates once again its concern that the Government take the necessary steps to protect the land rights of the tribal inhabitants of the CHT and requests the Government to provide information on the procedures set up to resolve the lands rights issue and provide information on land allocations made (including those made prior to the signing of the Agreement as requested in its previous observation) and disputes settled and their outcomes. It also requests the Government to inform it whether the land commission has the mandate to settle disputes with regard to government-owned land. Noting that the mandates of the land commission and the district councils with regard to land contain elements that may lead to conflicting allocations, the Committee requests the Government to inform it whether procedures are envisaged to pre-empt this possibility. Noting that, under section 9 of the chapter on Hill Tracts Regional Parishad of the Agreement, the regional council has a mandate for overall supervision and coordination of matters under the jurisdiction of the three district councils, including final decision power in case of any conflict or lack of coordination, it would also appreciate receiving information on the role of the regional council with regard to land allocation.

3. 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 recalls that it requested 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. Noting the Peace Agreement signed on 2 December 1997 and the framework laid down in the agreement for restructuring administration and regulation in the CHT, the Committee requests the Government to provide information on the effects of this restructuring on the proposed afforestation, including information on the participatory mechanisms in place to include tribal people in the implementation of the project.

4. The Committee notes the information indicating that 3,000 landless tribal families have been rehabilitated by the Chittagong Hill Tracts Development Board under the first and the second phases of the Highland Settlement Project. It also notes that each family is earning Tk.4,000 per month from activities carried out under the project. Noting the Government's statement that a plan exists under which a further 6,000 families would be rehabilitated, 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, the Forest Department, the district councils and the segments of the people concerned.

5. With reference to its previous comments regarding the Government's policy to discourage, on the basis of technical grounds, the traditional form of agriculture known as jhumming (shifting cultivation), the Committee notes that, under the Peace Agreement, responsibility for the regulation of land and land management as well as Jum cultivation falls within the mandate of the Hill Districts Councils. In this regard, the Committee requests the Government to provide information on the technical reasons on which the discouragement policy is based, and, noting the absence of information in the Government's report, 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.

6. Return of tribal refugees and freedom of movement in the CHT. The Committee notes from the Government's report that 14,877 tribal refugees of 3,043 families have returned home in three phases during 1994-97, and that of these 3,036 have been rehabilitated to their original homes. It also notes the Government's indication that there are as yet no plans to dismantle the existing cluster villages. In this regard, the Committee requests the Government to continue to provide information on the number of refugees that have been rehabilitated to their original homes and to indicate whether it intends to dismantle the existing cluster villages, and whether the construction of new ones is being considered. The Committee also notes the Government's statement that it does not intend to lift the restrictions on the right to freedom of movement of foreigners in the CHT but that it intends to review the matter from time to time. It requests the Government to provide further information on the underlying reasons for not lifting the restrictions on the right to freedom of movement for foreigners now that a Peace Agreement has been signed and to indicate whether any reviews of the restriction measures have been undertaken and their outcomes.

7. Situation of other tribal populations of Bangladesh. The Committee notes the Government's statement that the information sought after in its previous comments will be provided in the near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's report. It recalls that an armed conflict has been going on in the Chittagong Hill Tracts (CHT) region between government forces and the Shanti Bahini (Peace Force), the armed wing of the Parbattya Chattagram Jana Sanghati Samity (PCJSS, United Peoples' Party of the CHT) for over 20 years. It notes with interest that a Peace Agreement was signed between the Government and the PCJSS on 2 December 1997, a copy of which the Committee has examined. The Committee hopes the Government will provide detailed information in its next report on the implementation of this Peace Agreement.

2. The Committee notes that, under section 1 of the General Chapter of the Peace Agreement, the CHT is recognized as a region inhabited by tribal peoples and that both sides recognize the need for protecting the characteristics and realizing the overall development of the CHT. It further notes that the Peace Agreement contains a framework for amending the Hill Tracts Districts Local Government Council Acts (Acts No. XIX, XX and XXI of 1989) providing the three district councils with more regulatory and administrative powers. It also provides for the establishment of a regional council, consisting of ex officio members of the district councils as well as other members, with reserved seats for tribals, indirectly elected by the district councils, with regulatory, supervisory and coordinating powers, as well as the establishment of a ministry on Chittagong Hill Tracts Affairs with a tribal minister. The Committee notes that the Peace Agreement also contains provisions for the partial demilitarization of the CHT and amnesty for those armed members of the PCJSS who surrender their arms within a certain time. Finally, the Committee understands that legislation to implement the Peace Agreement has been adopted and is being implemented. The Committee requests the Government to provide it with copies of the relevant legislation and, taking into account the present observation, to clarify the relationship between the Peace Agreement and the new legislation and their respective force under national law, as well as to provide detailed information on their implementation.

3. Legislation in force. With reference to its previous comments regarding the concerns of tribal representatives over the possible repeal of the Chittagong Hill Tracts Regulation (No. 1 of 1900) through the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989, the Committee notes from the Government's report that a committee has been set up to examine the effects of this possible repeal. The Committee understands in this regard that the 1989 Act has not yet entered into force and that a Bill is before Parliament to repeal it, and requests the Government to keep it informed on the status of the Act. The Committee also notes that under section 11 of the Chapter of the Peace Agreement on the Hill Tracts Regional Parishad (council), the regional council to be established is to provide the Government with advice and proposals with regard to any contradiction that may exist between the 1900 Regulation and related laws and regulations, and the 1989 Local Government Council Acts. The Committee also notes that under the Peace Agreement the Government may formulate any law regarding the CHT subject to discussion and the advice of the regional council. In this regard, the Committee requests the Government to provide information on the legal status of the consultation and advisory powers of the regional council, and on the way in which they have been exercised in practice.

4. Articles 11 and 14 of the Convention. With reference to its previous comments regarding the power of the district councils to allocate land rights, the Committee notes the Government's comment that a solution for this issue has been provided for in the Peace Agreement. The Committee also notes that, under section 26 of the Chapter of the Peace Agreement on Chittagong Hill Tracts Local Government/Hill District Council, no lands in a particular district can be leased out, sold, purchased or transferred without prior permission of the relevant district council, regardless of laws that may stipulate otherwise, with the exception of reserved forest, the Kaptai Hydro-electric Project Area, the Betbunia Satellite Station area, state-owned industrial enterprises and government-owned lands. Please indicate the proportion of the Chittagong Hill Tracts covered by this exception. The Committee also understands that the Government cannot acquire or transfer any lands, hills and forests under the jurisdiction of a district council without its prior approval.

5. In this respect, the Committee recalls the concern it has previously expressed that the Government should act with dispatch to resolve conflicting land claims between tribals and non-tribals in the CHT, taking into account the number of illegal settlements and the large number of tribals who had fled from their lands. While it is considering the matter in detail in a request addressed directly to the Government, the Committee requests the Government to provide a full report on developments in this regard. This should include information on the procedures established to resolve conflicts, and on their implementation.

6. Return of tribal refugees. The Committee notes that, as stated in section 1 of the Chapter of the Peace Agreement on Rehabilitation, General Amnesty and Other Issues, an agreement was signed between the Government and tribal refugee leaders on 9 March 1997 at Agartala, Tripura State, India, with regard to the return of tribal refugees staying in Tripura State. It notes that their return under this scheme will continue unaltered within the framework of the Peace Agreement and that the internally displaced tribals in the three hill districts will be rehabilitated through proper identification by a task force. In this respect, the Committee requests the Government to inform it of the total number of tribal refugees that fall within the rehabilitation scheme, the number of tribal refugees that have been repatriated under the Peace Agreement so far, the assistance they have received upon repatriation and any problems that may have been encountered during and after rehabilitation. It also requests the Government to inform it of the activities of the task force responsible for the rehabilitation of the internally displaced persons, including information on the definition and method used in ascertaining their status, their total number, the number rehabilitated, the assistance they have received and problems that may have been encountered during and after rehabilitation.

7. In addition to the tribal refugees in Tripura State, most of whom have been documented, the Committee understands that a substantial number of undocumented tribal refugees are staying in Mizoram State, India, and that some of these have also been repatriated and rehabilitated. The Committee requests the Government to provide any available information on the total number of undocumented tribal refugees, the number rehabilitated and the assistance they have received. Furthermore, the Committee has received reports that the added pressure of rehabilitated refugees on agricultural activity and food supplies has led to famine in certain areas of the CHT. It has also received reports that the non-deliverance of rehabilitation packages has contributed to this situation and that especially the returnees from Mizoram State have been the victim of this famine. The Committee understands that the Government has supplied food to the affected areas, and requests it to provide information on the number of people affected, and measures taken to alleviate the plight of these people, as well as information on the causes of the food shortage and measures envisaged to provide for a sustainable solution of the problem.

8. Articles 2 and 10. Alleged human rights violations. With reference to its previous comments, the Committee notes that the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment has stated that the continuing flow of information about abuses committed by the army in the CHT suggests that the Government should establish effective and independent means to monitor the army's counter-insurgency methods in the area (UN document E/CN.4/1997/7). In addition, the Committee continues to receive reports of human rights violations, including reports on violations committed after the signing of the Peace Agreement, against the tribal inhabitants of the CHT. These include reports on the abduction in the night of 11-12 June 1996, of Kalpana Chakma, the Organizing Secretary of the Hill Tracts Women Federation, which, the Committee understands, is of particular concern to the tribal inhabitants of the CHT since her fate apparently remains unknown and the final report of the three-member inquiry committee was not made public. The Committee requests the Government to provide detailed information on measures taken or contemplated, especially within the framework of the Peace Agreement and its implementation legislation, to protect the life and property of the tribal inhabitants of the CHT.

9. Planning and execution of development projects (Articles 2, 6 and 27). The Committee understands that a Ministry on Chittagong Hill Tracts Affairs, as well as an interim Regional Council, has been set up. It requests the Government to provide information on their composition, mandate and powers. It understands that, apart from its administrative and regulatory powers, the Ministry plays an important role in the formulation and planning of development programmes. The Committee requests the Government to provide information on the activities of the Ministry relating to development, including any coordination and executive activities it may undertake. Please provide further information on the impact of the different development projects undertaken or under consideration on the socio-economic and cultural development of the tribal inhabitants of the CHT, including assistance from the International Labour Office which is being proposed, and the modalities for including tribal participation in the formulation and evaluation of the projects outlined in the report. The Committee would also appreciate receiving information on the modalities of tribal participation in the planning and implementation phases of programmes and projects undertaken under the auspices of the various international agencies.

10. The Committee is raising additional points in a request addressed directly to the Government.

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

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.

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

The Committee recalls that an armed conflict has been continuing in the Chittagong Hill Tracts (CHT) region, between government forces and the Shanti Bahini (Peace Force) -- the armed wing of the Jana Sanghati Samity -- for over 20 years, and that the Government and the JSS have been negotiating a peaceful settlement to the conflict since 1992. The Committee understands that an agreement was signed between the Government and the Parbattya Chattagram Jana Sanghati Samity (United Peoples Party of the CHT) while the Committee was in session. Within this context, the Committee requests the Government to provide further information on the content of this agreement in its report next year. Furthermore, the Committee notes that the Government's report has not been received, therefore it must repeat its previous observation which read as follows:

1. The Committee notes the Government's report, which arrived too late to be dealt with during the Committee's previous session. 2. With reference to reports of the incident on 17 November 1993 in which a number of unarmed tribal civilians were reported to have been killed at Naniachar, Rangamati District, the Committee notes the statement in the Government's report that the incident was the result of a conflict between rival groups, that the number killed was 13 and that others were injured. It notes further that an inquiry commission has been appointed and that the commissioner, Justice Mohammed Habibur Rahman of the High Court Division of the Supreme Court, submitted a report of the inquiry on 31 May 1994. The Committee requests the Government to provide further information on this matter in its next report. The Committee also notes the information about the inquiry into the violent incident which took place on 10 April 1992 in the tribal village of Logang, Khagrachari District, and about measures taken as a result. 3. The Committee notes that it continues to receive reports of human rights violations against the tribal inhabitants of the Chittagong Hill Tracts (CHT), including information regarding another incident involving unarmed tribal civilians at Bandarban District on 15 March 1995 in which many tribals are said to have been injured, and their property destroyed. There are also allegations that those responsible include the local security force in conjunction with non-tribal settlers, and that a number of tribal students were arrested without due process. It notes further that the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment has stated that he continues to receive reports of torture and rape by members of the military and paramilitary forces against the tribal people in the CHT (UN document E/CN.4/1995/34). While it continues to treat such reports with caution, the Committee requests the Government to provide detailed information on measures taken or contemplated to protect the life and property of the tribal inhabitants of the Hill Tracts. 4. Legislation in force. The Committee notes that the Chittagong Hill Tracts Regulation (No. 1 of 1900) and the Hill Tracts Districts Local Government Council Acts (Acts No. XIX, XX and XXI of 1989) are applicable in the Hill Tracts. It also notes the information that the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989 has not come into force. In this context the Committee recalls the concerns of tribal representatives over the possibility of repeal of the CHT Regulation and requests information on whether the Government has considered withdrawing the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989. It also recalls its request for further information regarding the mechanisms in place to ensure conformity between the Hill Districts Local Government Council Acts and the 1900 Regulation, including procedures to resolve any divergencies. 5. Articles 11 to 14 of the Convention: Power of the local government councils to allocate land rights. The Committee notes that the Government has repeated the information in its previous reports concerning the power to allocate land rights in the CHT, but that it has not supplied the information the Committee has requested on the allocations of lands actually made since the district councils were formed. The Committee considers this of particular importance, and again requests the Government to provide this information in its next report. In this regard, the Committee notes from the report that land allocation is not included in the list of 11 subjects transferred by the Government to the local government councils. 6. The Committee notes from the report that the cadastral survey in the Bandarban district -- from which no tribal people have taken refuge in India -- will take place shortly; and that the survey has been postponed in the Rangamati and Khagrachari districts from which large numbers of tribals have taken refuge in India. It also notes the Government's statement that a cadastral survey is essential to protect the interests of the "inhabitant owners" of the land as the local administration is facing tremendous problems in maintaining land records. The Committee recalls that many thousands of non-tribals have been settled by the Government in the CHT, in many cases on the traditional lands of tribal people with the result of displacing the original landowners; and that thousands of tribal people fled to India as a result of the conflict in the CHT. Recalling that more than 50,000 tribals from Bangladesh remain in India, the Committee reiterates its concern that a cadastral survey conducted prior to a resolution of conflicting land claims between the non-tribals and tribal people (including the refugees in India and those who have been displaced within the CHT itself), and the repatriation of all the refugees in India will significantly diminish any opportunities for the original landowners to recover their traditional lands. It therefore stresses its concern that the Government take the necessary steps to protect the land rights of the tribal inhabitants of the CHT region, including appropriate procedures for the recovery of their traditional lands. 7. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes that the Government has appointed a nine-member Parliamentary Committee to conduct negotiations with the Jana Shanghati Samiti (JSS), and notes the information on the proposals submitted. It also notes that there was a general amnesty until June 1994, and that the negotiations are continuing. The Committee requests the Government to keep it informed on any further progress in achieving a negotiated settlement to the conflict. Please also indicate whether the general amnesty is still in place or has been renewed, and details of its application to the cases of warrants of arrest against tribal people. 8. The Committee notes from the report that a first instalment of 379 tribal families have arrived in the CHT as part of the repatriation of the tribal refugees from India. It also takes note of the comprehensive rehabilitation package outlined in the report including financial and other assistance, possibilities of reinstatement in previous employment, special educational facilities, and the restoration of their land, and that there shall be no resettlement in cluster villages. It notes further that a Rehabilitation Committee has been established with a tribal MP as president. The Committee notes further that there have been two missions to the country from India to observe the repatriation process. In this respect, the Committee notes that it has received reports from various sources indicating problems in the implementation of the agreements. It requests the Government to keep it informed in this regard. 9. Situation of other tribal populations of Bangladesh. The Committee notes the statement in the report that, contrary to the information the Committee has received, no cases have been brought by the Koch or the Mandi of the Madhupur Forest against the Forest Department, and that there is no conflict between the aboriginal groups and others, including the forest departments. The Committee requests the Government to keep it informed in this regard. The Committee recalls also that it has made repeated requests for information on the situation of other tribal groups in the country, to which the Government has not replied, and again requests it to provide this information. 10. The Committee is raising additional points in a request addressed directly to the Government.

The Committee hopes that the Government will submit detailed information in its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Government's report, which arrived too late to be dealt with during the Committee's previous session.

2. With reference to reports of the incident on 17 November 1993 in which a number of unarmed tribal civilians were reported to have been killed at Naniachar, Rangamati District, the Committee notes the statement in the Government's report that the incident was the result of a conflict between rival groups, that the number killed was 13 and that others were injured. It notes further that an inquiry commission has been appointed and that the commissioner, Justice Mohammed Habibur Rahman of the High Court Division of the Supreme Court, submitted a report of the inquiry on 31 May 1994. The Committee requests the Government to provide further information on this matter in its next report. The Committee also notes the information about the inquiry into the violent incident which took place on 10 April 1992 in the tribal village of Logang, Khagrachari District, and about measures taken as a result.

3. The Committee notes that it continues to receive reports of human rights violations against the tribal inhabitants of the Chittagong Hill Tracts (CHT), including information regarding another incident involving unarmed tribal civilians at Bandarban District on 15 March 1995 in which many tribals are said to have been injured, and their property destroyed. There are also allegations that those responsible include the local security force in conjunction with non-tribal settlers, and that a number of tribal students were arrested without due process. It notes further that the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment has stated that he continues to receive reports of torture and rape by members of the military and paramilitary forces against the tribal people in the CHT (UN document E/CN.4/1995/34). While it continues to treat such reports with caution, the Committee requests the Government to provide detailed information on measures taken or contemplated to protect the life and property of the tribal inhabitants of the Hill Tracts.

4. Legislation in force. The Committee notes that the Chittagong Hill Tracts Regulation (No. 1 of 1900) and the Hill Tracts Districts Local Government Council Acts (Acts No. XIX, XX and XXI of 1989) are applicable in the Hill Tracts. It also notes the information that the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989 has not come into force. In this context the Committee recalls the concerns of tribal representatives over the possibility of repeal of the CHT Regulation and requests information on whether the Government has considered withdrawing the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989. It also recalls its request for further information regarding the mechanisms in place to ensure conformity between the Hill Districts Local Government Council Acts and the 1900 Regulation, including procedures to resolve any divergencies.

5. Articles 11 to 14 of the Convention: Power of the local government councils to allocate land rights. The Committee notes that the Government has repeated the information in its previous reports concerning the power to allocate land rights in the CHT, but that it has not supplied the information the Committee has requested on the allocations of lands actually made since the district councils were formed. The Committee considers this of particular importance, and again requests the Government to provide this information in its next report. In this regard, the Committee notes from the report that land allocation is not included in the list of 11 subjects transferred by the Government to the local government councils.

6. The Committee notes from the report that the cadastral survey in the Bandarban district - from which no tribal people have taken refuge in India - will take place shortly; and that the survey has been postponed in the Rangamati and Khagrachari districts from which large numbers of tribals have taken refuge in India. It also notes the Government's statement that a cadastral survey is essential to protect the interests of the "inhabitant owners" of the land as the local administration is facing tremendous problems in maintaining land records. The Committee recalls that many thousands of non-tribals have been settled by the Government in the CHT, in many cases on the traditional lands of tribal people with the result of displacing the original landowners; and that thousands of tribal people fled to India as a result of the conflict in the CHT. Recalling that more than 50,000 tribals from Bangladesh remain in India, the Committee reiterates its concern that a cadastral survey conducted prior to a resolution of conflicting land claims between the non-tribals and tribal people (including the refugees in India and those who have been displaced within the CHT itself), and the repatriation of all the refugees in India will significantly diminish any opportunities for the original landowners to recover their traditional lands. It therefore stresses its concern that the Government take the necessary steps to protect the land rights of the tribal inhabitants of the CHT region, including appropriate procedures for the recovery of their traditional lands.

7. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes that the Government has appointed a nine-member Parliamentary Committee to conduct negotiations with the Jana Shanghati Samiti (JSS), and notes the information on the proposals submitted. It also notes that there was a general amnesty until June 1994, and that the negotiations are continuing. The Committee requests the Government to keep it informed on any further progress in achieving a negotiated settlement to the conflict. Please also indicate whether the general amnesty is still in place or has been renewed, and details of its application to the cases of warrants of arrest against tribal people.

8. The Committee notes from the report that a first instalment of 379 tribal families have arrived in the CHT as part of the repatriation of the tribal refugees from India. It also takes note of the comprehensive rehabilitation package outlined in the report including financial and other assistance, possibilities of reinstatement in previous employment, special educational facilities, and the restoration of their land, and that there shall be no resettlement in cluster villages. It notes further that a Rehabilitation Committee has been established with a tribal MP as president. The Committee notes further that there have been two missions to the country from India to observe the repatriation process. In this respect, the Committee notes that it has received reports from various sources indicating problems in the implementation of the agreements. It requests the Government to keep it informed in this regard.

9. Situation of other tribal populations of Bangladesh. The Committee notes the statement in the report that, contrary to the information the Committee has received, no cases have been brought by the Koch or the Mandi of the Madhupur Forest against the Forest Department, and that there is no conflict between the aboriginal groups and others, including the forest departments. The Committee requests the Government to keep it informed in this regard. The Committee recalls also that it has made repeated requests for information on the situation of other tribal groups in the country, to which the Government has not replied, and again requests it to provide this information.

10. The Committee is raising additional points in a request addressed directly to the Government.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee refers to its observation. It must therefore repeat its previous direct request which read as follows:

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

2. Articles 11 to 14 of the Convention. In addition to the points raised in the observation, the Committee notes from various sources that the Government has plans for the afforestation of 86,600 acres in Rangamati District, of 37,387.5 acres in Khagrachari District and of 7,389.2 acres in Bandarban District of the Chittagong Hill Tracts (CHT) in order to protect the ecological balance of the CHT. It also notes that tribal leaders have expressed the fear that this would lead to the displacement of nearly 50,000 tribal families. The Committee notes also suggestions by the Chittagong Hill Tracts Commission that unrestricted extraction of forest resources, including logging, by non-tribals and "jungle clearing" as a counter-insurgency strategy has caused widespread environmental destruction in the region. The Committee believes the afforestation is badly needed, and suggests that any afforestation programme in the area be implemented by, or in very close consultation with, the tribals in the CHT in order to take advantage of their knowledge and experience regarding both the terrain and the environmental consequences, and to protect them from potential unfavourable consequences of the programme. Please indicate whether this afforestation programme is going ahead and, if it is, what measures are envisaged to mitigate the difficulties faced by tribal populations which may be displaced as a result, measures to provide adequate compensation to those affected, and plans to include the tribal people in the implementation of the project. Please indicate as well any consultations held with the tribal population, including the District Councils and tribal leaders, and indicate the relationship between this programme and the control of the District Councils over land allocation.

3. The Committee recalls the Government's statement in its previous report that it has undertaken to settle about 24,000 landless tribal people in phases, and that each family is to receive allocations of money and approximately 4 acres of land. The Committee notes that there is no information in the report about this resettlement programme. Please provide detailed information in the next report on how many families have been resettled, the amount of land they have been allocated, the category of the land used under this programme, the current phase of the programme, and the mechanisms of consultation with the people concerned.

4. The Committee notes the Government's statement that the indigenous people can establish their homesteads in any unallocated land and practise Jhum (shifting) cultivation. The Committee also notes the Government's statement that it is encouraging the tribal people to settle permanently and that under section 15 of the Hill District (Repeal and Enforcement of Law and Special Provision) Act 1989 a tribal person (jhumia) may occupy up to 30 decimals (0.30 acres) of khas (state-owned) land with the permission of the Mauza headman. Please indicate how much land has been allocated to the hill people for homestead purposes under this clause, how many tribal people have benefited from this privilege, and whether this privilege can also be enjoyed by non-tribals. With reference to jhumming (shifting cultivation), the Committee notes that it had been banned but can now be practised within the parameters set by administrative regulations. Please provide detailed information on any restrictions which may now be in force on this traditional form of agriculture and on the total area under jhum cultivation, including unallocated land.

5. Planning and execution of development projects (Articles 2, 6 and 27). The Committee notes from the report that the Special Committee on the CHT has ceased to function as the Hill District Local Government Councils have been established. The Committee also notes that the Special Affairs Division of the Prime Minister's Office is responsible for CHT affairs, together with the different agencies listed in the report. Please provide detailed information on the inter-institutional framework for cooperation, support and coordination, plans and programmes to be implemented and the procedures for evaluation of these activities. Please also indicate whether the recommendation of the National Committee to ensure that at least 10 per cent of all development work and contracts in the CHT be reserved for the tribal population has been implemented.

6. The Committee notes that the national Government is responsible for those subjects which have not been transferred to the District Local Government Councils. Please indicate the subjects which remain with the national Government.

7. The Committee notes that the elections for the Hill District Local Government Council have been postponed. Please keep the Committee informed of further developments in this regard.

8. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes from the report the Government's statements concerning its efforts to find a durable political solution to the problems in the region. The Committee notes in this connection that a large number of tribals live in "cluster camps" where they have been placed by the military (including many of the 25,000 who have returned from India); and that travel in these areas is restricted, inter alia, by a requirement that those living in cluster camps must have permits to travel (see UN document CERD/C/SR.943). Please indicate if steps have been taken to lift the restrictions on the right to freedom of movement, and whether passes are still required anywhere in the country.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes that, at the 80th Session of the International Labour Conference (June 1993), the Worker's group requested that the Conference Committee on the Application of Standards be able to examine the application of the Convention by Bangladesh at its 1994 Session. The Government has not communicated any further information.

2. The Committee notes that, since it last considered this question, there have been reports of another incident on 17 November 1993, in which a number of unarmed tribal civilians were killed at Naniachar, Rangamati District. It again expresses grave concern about the prevailing law and order situation in the Chittagong Hill Tracts region, and hopes that the Government will provide information on the present situation. The Committee must therefore repeat its previous observation which read as follows:

1. The Committee notes with interest the more detailed report communicated by the Government in reply to its previous comments, as well as other documentation including the Government's report to the United Nations Committee on the Elimination of Racial Discrimination, and the 1991 report of the Chittagong Hill Tracts Commission which has been submitted to the United Nations. 2. The Committee notes the Government's statement in reply to its previous observation that there is no continuing conflict in the Chittagong Hill Tracts (CHT) region of the country except for sporadic incidents attributable to armed gangs from neighbouring countries, and that both tribals and non-tribals are the victims. The Committee also notes the statement that the local law enforcement agencies take appropriate measures for the protection of the life and property of the inhabitants, and that the District Local Government Councils, functional since 18 February 1989 (Acts Nos. 19, 20 and 21 of 1989), have contributed to improving the law and order situation. It also notes that the reports of the District Local Government Councils will be sent in due time. 3. The Committee notes, however, that it continues to receive allegations from various sources, including information submitted to United Nations bodies, of persistent human rights violations in this region including detailed allegations that on 10 April 1992 the tribal village of Logang (about 600 houses) was destroyed by non-tribal settlers, civilian defence forces (Village Defence Party, VDP) and paramilitary forces (Ansars). Some reports state that hundreds of tribal villagers were killed and that the military took no preventive action. The Committee notes that an inquiry commission into the Logang incident concluded that those responsible were the non-tribal settlers and security forces, and that the number of persons killed was much lower. The Committee recalls its earlier recommendation to the Government to conduct impartial and thorough investigations of human rights violations, with tribal participation. The Committee emphasizes that it treats such reports with caution, but remains concerned that the life and property of the tribal population are not adequately safeguarded as prescribed by Convention No. 107 and provided in the Constitution of Bangladesh. The Committee would be grateful if the Government would provide information on the conditions under which the inquiry was conducted, the extent of tribal participation, measures of reparation which may have been made to the affected tribals, and any sanctions taken against the persons found to be responsible. 4. Legislation in force. The Committee recalls that in its previous observation it referred to the concerns of the tribal representatives over the possibility of repeal of the Chittagong Hill Tracts Regulations (No. 1 of 1900). The Committee notes from the Government's report the statement that the provisions of the Regulations regarding special rights and privileges enjoyed by tribals have been incorporated in the Hill District Local Government Council Acts (Acts Nos. 19, 20 and 21 of 1989) and in the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989. Please indicate whether the 1989 Act has now come into force, and the mechanisms applicable to resolve any divergencies that may arise between the 1900 Regulations and the Act. Please also indicate whether the 1900 Regulations are still in force. 5. Articles 11 to 14 of the Convention: Power of the Local Government Councils to allocate land rights. The Committee recalls that in its previous observation it referred to information received from a non-governmental organization stating that the new local government structures would have the power to regulate the allocation of less than 10 per cent of the total area of the CHT; this would imply greatly reduced powers by the councils - which have a tribal majority - to control immigration into these areas. The Committee notes with interest the statement in the report that this information was not correct, and that the area under the control of the Local Government Councils, under section 64 of the Act, is over two-thirds of the total area (excluding forest land and reserved forest, as well as lakes, the size of which are said to have been overstated by the non-governmental sources). The Committee would be grateful for information on the allocation of lands actually made so far in the CHT since the District Councils took up their functions. 6. The Committee notes the information that the cadastral survey of land ownership and rights in the CHT is to be resumed in 1993. The Committee recalls that some 45,000 tribal people have taken refuge in India as a result of the continuing conflict in the CHT, of whom the Government states in its report some 28,413 have now returned to the region with an option to go back to their original homes or to resettle in villages. It also recalls that many thousands of non-tribals have been settled in the Hill Tracts area, often on the lands traditionally occupied by tribal families. The Committee expresses its concern that a cadastral survey which is conducted under these conditions might have adverse effects on the land rights of the tribal people. The Committee notes further that the cadastral survey was postponed at the request of the tribals in the context of the ongoing negotiations with the Jana Sanghati Samity (JSS), a political party of the tribal people. It therefore hopes that appropriate procedures will be established to resolve land claims by tribals for the recovery of traditional lands, whenever necessary, and that the refugees in India will be repatriated to their homes prior to conducting the cadastral survey in the CHT area. 7. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes from the report the statement that the Government's efforts have fostered confidence among the tribal population of the Government's intention to: (i) protect their fundamental human rights and distinct ethnic and cultural identity and existence; and (ii) to find a durable political solution to the problems in the region. The Committee notes, as mentioned above, the return to the CHT of many of the tribal refugees. The Committee notes from the report that there is a bilateral agreement between India and Bangladesh to arrange a speedy repatriation of the tribal population of the CHT. Please provide detailed information on the bilateral agreement, its present status, the number of tribals to be repatriated, and any measures taken or contemplated to involve the people concerned in the discussions. 8. Situation of other tribal populations of Bangladesh. In response to the Committee's repeated request for information on the measures taken by the Government in relation to other tribal groups in the country, besides those in the CHT area, the Government has referred to its 1989 report; however, as the Committee pointed out in its previous observation, that report does not contain the information requested. The Committee notes, however, that the question raised in the previous observation concerning a conflict between the Mandi tribal group and the Forest Department is under investigation. The Committee also notes from a report by the Minority Rights Group that several cases have been brought by the Koch tribal group of the Madhupur Forest against the Forest Department. Please provide details of any investigations of this nature which may be under way, as well as more detailed information on the present position of the tribal people outside the Chittagong Hill Tracts as requested previously. 9. The Committee is raising additional points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

2. Articles 11 to 14 of the Convention. In addition to the points raised in the observation, the Committee notes from various sources that the Government has plans for the afforestation of 86,600 acres in Rangamati District, of 37,387.5 acres in Khagrachari District and of 7,389.2 acres in Bandarban District of the Chittagong Hill Tracts (CHT) in order to protect the ecological balance of the CHT. It also notes that tribal leaders have expressed the fear that this would lead to the displacement of nearly 50,000 tribal families. The Committee notes also suggestions by the Chittagong Hill Tracts Commission that unrestricted extraction of forest resources, including logging, by non-tribals and "jungle clearing" as a counter-insurgency strategy has caused widespread environmental destruction in the region. The Committee believes the afforestation is badly needed, and suggests that any afforestation programme in the area be implemented by, or in very close consultation with, the tribals in the CHT in order to take advantage of their knowledge and experience regarding both the terrain and the environmental consequences, and to protect them from potential unfavourable consequences of the programme. Please indicate whether this afforestation programme is going ahead and, if it is, what measures are envisaged to mitigate the difficulties faced by tribal populations which may be displaced as a result, measures to provide adequate compensation to those affected, and plans to include the tribal people in the implementation of the project. Please indicate as well any consultations held with the tribal population, including the District Councils and tribal leaders, and indicate the relationship between this programme and the control of the District Councils over land allocation.

3. The Committee recalls the Government's statement in its previous report that it has undertaken to settle about 24,000 landless tribal people in phases, and that each family is to receive allocations of money and approximately 4 acres of land. The Committee notes that there is no information in the report about this resettlement programme. Please provide detailed information in the next report on how many families have been resettled, the amount of land they have been allocated, the category of the land used under this programme, the current phase of the programme, and the mechanisms of consultation with the people concerned.

4. The Committee notes the Government's statement that the indigenous people can establish their homesteads in any unallocated land and practise Jhum (shifting) cultivation. The Committee also notes the Government's statement that it is encouraging the tribal people to settle permanently and that under section 15 of the Hill District (Repeal and Enforcement of Law and Special Provision) Act 1989 a tribal person (jhumia) may occupy up to 30 decimals (0.30 acres) of khas (state-owned) land with the permission of the Mauza headman. Please indicate how much land has been allocated to the hill people for homestead purposes under this clause, how many tribal people have benefited from this privilege, and whether this privilege can also be enjoyed by non-tribals. With reference to jhumming (shifting cultivation), the Committee notes that it had been banned but can now be practised within the parameters set by administrative regulations. Please provide detailed information on any restrictions which may now be in force on this traditional form of agriculture and on the total area under jhum cultivation, including unallocated land.

5. Planning and execution of development projects (Articles 2, 6 and 27). The Committee notes from the report that the Special Committee on the CHT has ceased to function as the Hill District Local Government Councils have been established. The Committee also notes that the Special Affairs Division of the Prime Minister's Office is responsible for CHT affairs, together with the different agencies listed in the report. Please provide detailed information on the inter-institutional framework for cooperation, support and coordination, plans and programmes to be implemented and the procedures for evaluation of these activities. Please also indicate whether the recommendation of the National Committee to ensure that at least 10 per cent of all development work and contracts in the CHT be reserved for the tribal population has been implemented.

6. The Committee notes that the national Government is responsible for those subjects which have not been transferred to the District Local Government Councils. Please indicate the subjects which remain with the national Government.

7. The Committee notes that the elections for the Hill District Local Government Council have been postponed. Please keep the Committee informed of further developments in this regard.

8. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes from the report the Government's statements concerning its efforts to find a durable political solution to the problems in the region. The Committee notes in this connection that a large number of tribals live in "cluster camps" where they have been placed by the military (including many of the 25,000 who have returned from India); and that travel in these areas is restricted, inter alia, by a requirement that those living in cluster camps must have permits to travel (see UN document CERD/C/SR.943). Please indicate if steps have been taken to lift the restrictions on the right to freedom of movement, and whether passes are still required anywhere in the country.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes with interest the more detailed report communicated by the Government in reply to its previous comments, as well as other documentation including the Government's report to the United Nations Committee on the Elimination of Racial Discrimination, and the 1991 report of the Chittagong Hill Tracts Commission which has been submitted to the United Nations.

2. The Committee notes the Government's statement in reply to its previous observation that there is no continuing conflict in the Chittagong Hill Tracts (CHT) region of the country except for sporadic incidents attributable to armed gangs from neighbouring countries, and that both tribals and non-tribals are the victims. The Committee also notes the statement that the local law enforcement agencies take appropriate measures for the protection of the life and property of the inhabitants, and that the District Local Government Councils, functional since 18 February 1989 (Acts Nos. 19, 20 and 21 of 1989), have contributed to improving the law and order situation. It also notes that the reports of the District Local Government Councils will be sent in due time.

3. The Committee notes, however, that it continues to receive allegations from various sources, including information submitted to United Nations bodies, of persistent human rights violations in this region including detailed allegations that on 10 April 1992 the tribal village of Logang (about 600 houses) was destroyed by non-tribal settlers, civilian defence forces (Village Defence Party, VDP) and paramilitary forces (Ansars). Some reports state that hundreds of tribal villagers were killed and that the military took no preventive action. The Committee notes that an inquiry commission into the Logang incident concluded that those responsible were the non-tribal settlers and security forces, and that the number of persons killed was much lower. The Committee recalls its earlier recommendation to the Government to conduct impartial and thorough investigations of human rights violations, with tribal participation. The Committee emphasizes that it treats such reports with caution, but remains concerned that the life and property of the tribal population are not adequately safeguarded as prescribed by Convention No. 107 and provided in the Constitution of Bangladesh. The Committee would be grateful if the Government would provide information on the conditions under which the inquiry was conducted, the extent of tribal participation, measures of reparation which may have been made to the affected tribals, and any sanctions taken against the persons found to be responsible.

4. Legislation in force. The Committee recalls that in its previous observation it referred to the concerns of the tribal representatives over the possibility of repeal of the Chittagong Hill Tracts Regulations (No. 1 of 1900). The Committee notes from the Government's report the statement that the provisions of the Regulations regarding special rights and privileges enjoyed by tribals have been incorporated in the Hill District Local Government Council Acts (Acts Nos. 19, 20 and 21 of 1989) and in the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989. Please indicate whether the 1989 Act has now come into force, and the mechanisms applicable to resolve any divergencies that may arise between the 1900 Regulations and the Act. Please also indicate whether the 1900 Regulations are still in force.

5. Articles 11 to 14 of the Convention: Power of the Local Government Councils to allocate land rights. The Committee recalls that in its previous observation it referred to information received from a non-governmental organization stating that the new local government structures would have the power to regulate the allocation of less than 10 per cent of the total area of the CHT; this would imply greatly reduced powers by the councils - which have a tribal majority - to control immigration into these areas. The Committee notes with interest the statement in the report that this information was not correct, and that the area under the control of the Local Government Councils, under section 64 of the Act, is over two-thirds of the total area (excluding forest land and reserved forest, as well as lakes, the size of which are said to have been overstated by the non-governmental sources). The Committee would be grateful for information on the allocation of lands actually made so far in the CHT since the District Councils took up their functions.

6. The Committee notes the information that the cadastral survey of land ownership and rights in the CHT is to be resumed in 1993. The Committee recalls that some 45,000 tribal people have taken refuge in India as a result of the continuing conflict in the CHT, of whom the Government states in its report some 28,413 have now returned to the region with an option to go back to their original homes or to resettle in villages. It also recalls that many thousands of non-tribals have been settled in the Hill Tracts area, often on the lands traditionally occupied by tribal families. The Committee expresses its concern that a cadastral survey which is conducted under these conditions might have adverse effects on the land rights of the tribal people. The Committee notes further that the cadastral survey was postponed at the request of the tribals in the context of the ongoing negotiations with the Jana Sanghati Samity (JSS), a political party of the tribal people. It therefore hopes that appropriate procedures will be established to resolve land claims by tribals for the recovery of traditional lands, whenever necessary, and that the refugees in India will be repatriated to their homes prior to conducting the cadastral survey in the CHT area.

7. Progress in achieving a negotiated settlement of the conflict and return of tribal refugees. The Committee notes from the report the statement that the Government's efforts have fostered confidence among the tribal population of the Government's intention to: (i) protect their fundamental human rights and distinct ethnic and cultural identity and existence; and (ii) to find a durable political solution to the problems in the region. The Committee notes, as mentioned above, the return to the CHT of many of the tribal refugees. The Committee notes from the report that there is a bilateral agreement between India and Bangladesh to arrange a speedy repatriation of the tribal population of the CHT. Please provide detailed information on the bilateral agreement, its present status, the number of tribals to be repatriated, and any measures taken or contemplated to involve the people concerned in the discussions.

8. Situation of other tribal populations of Bangladesh. In response to the Committee's repeated request for information on the measures taken by the Government in relation to other tribal groups in the country, besides those in the CHT area, the Government has referred to its 1989 report; however, as the Committee pointed out in its previous observation, that report does not contain the information requested. The Committee notes, however, that the question raised in the previous observation concerning a conflict between the Mandi tribal group and the Forest Department is under investigation. The Committee also notes from a report by the Minority Rights Group that several cases have been brought by the Koch tribal group of the Madhupur Forest against the Forest Department. Please provide details of any investigations of this nature which may be under way, as well as more detailed information on the present position of the tribal people outside the Chittagong Hill Tracts as requested previously.

9. The Committee is raising additional points in a request addressed directly to the Government.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In its comments in recent years, the Committee has noted the existence of a continuing conflict in the Chittagong Hill Tracts region of the country, where some 600,000 tribal people live. It recalls that there had been an influx of non-tribal people into that region, conflicts had resulted, and a number of tribal refugees had fled the region into India. Representatives of the Director-General visited the country and held extensive discussions with the Government, and Government representatives have discussed the situation with the Conference Committee on several occasions. New legislation was adopted in 1989 to establish "Hill Districts Local Government Councils", handing control over aspects of local affairs to local government councils with a majority of tribal representatives. The Committee raised a certain number of questions in its previous observation as to the working of these councils, and on the present situation more generally.

2. The Committee notes that the Government has replied very succinctly to its detailed questions. Given the concern with which it has viewed the application of this Convention in Bangladesh over the years, and the information it continues to receive that the situation of conflict is not yet resolved, it hopes that the Government will furnish more detailed information in its next report.

3. Legislation in force. The Committee notes with interest that the Chittagong Hill Tracts Regulations (No. 1 of 1900), are still valid as the Hill Districts (Repeal and Enforcement of Law and Special Provision) Act, 1989, has not entered into force. It notes the statement in the report that all the rights and privileges of tribal people provided for under the Regulations therefore continue to prevail. Recalling the concern with which some tribal representatives have viewed the possibility of repeal of the 1900 Regulations, which they feel would remove the recognition of their special status in the CHT, the Committee would be grateful if the Government would indicate what plans it may have in this regard.

4. Articles 11 to 14 of the Convention: Power of the Local Government Councils to allocate land rights. The Committee noted in its last observation that it had received information from non-governmental organisations that the land 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. If true, this would considerably reduce the power of the councils (which have a majority of tribal members) to control immigration and to allocate lands. The Government has indicated in its report that the entire area of the Chittagong Hill Tracts is under the jurisdiction of the three District Councils. It has also referred, however, to section 64 of each of the three Councils Acts, which provides that the Councils' power of disposition of lands does not extend to:

protected and reserved forests, nationalised industries and mills areas, lands transferred or given in settlement of Government public interest, and lands or forests which may be required by the Government in the public interest.

5. The Committee notes in this connection from a recent publication of the International Work Group for Indigenous Affairs, that forest lands and reserved forests make up some 77 per cent of the land in the Hill Tracts. It notes also the statement in the Government's report that it has undertaken to settle about 24,000 tribal people in phases, allotting to them money and about 4 acres of land per family. The Committee understands that this settlement would take place on Government-controlled lands.

6. It appears, therefore, that the Local Government Councils are able to control land allocation in only a small portion of the Hill Tracts, with the central Government controlling the rest. Please indicate what policy has been adopted by the Government concerning the allocation of land to tribals and non-tribals, and whether allocations of land have been made to non-tribals in these areas. The Committee notes in this connection the statement that no fresh settlement of non-tribal people has taken place in the Hill Tracts since 1984.

7. The Committee notes further in this connection the statement in the report that the cadastral survey of land ownership and rights in the Hill Tracts, which was to have been resumed after the council elections in 1989, has not in fact been resumed. It notes further that the absence of this survey is impeding the settlement of landless tribals. Please indicate whether the survey has now been resumed, and if not what is planned in this connection. If the survey has been carried out, the Committee would be grateful if the Government would indicate its results.

8. Planning and execution of development projects. In its previous comments the Committee had asked for information on the continuing existence of the National Committee on the Chittagong Hill Tracts, and on the creation of the Special Committee on Hill Tracts Districts in 1989. It notes from the Government's report that the National Committee has ceased to function, having made the recommendations leading to the adoption of the legislation creating the Local Government Councils. In response to the Committee's request for information on the activities of the Special Committee, the Government has indicated simply that its "main thrust so far has been on establishing the Local Government Councils on a firm footing". The Committee hopes that more detailed information will be included with the next report, including if possible, a copy of any periodic reports the Special Committee may have made.

9. In reply to its request for detailed information on the planning and implementation of development activities in the Hill Tracts, the Government has replied that the chairmen of the Local Government Councils also preside over the District Development Coordination Committees that coordinate the activities of the various nation-building departments of the Government; and that the Chittagong Hill Tracts Development Board has an advisory body that has several high-level tribal representatives as members. The Committee had hoped to receive more detailed information on the practical arrangements for coordination of development activities, and on the activities which have actually been carried out. It hopes that the Government will provide such information in its next report, again including if possible copies of any periodic reports which may have been issued on such activities.

10. Progress in achieving a negotiated settlement of the conflict and the return of tribal refugees. The Committee had noted in its previous comments the continuation of conflicts in the Hill Tracts and that many thousands of tribal refugees had fled to India. It regretted that the Government had provided no additional information in this connection, and requested it to provide information concerning: (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. In the absence of any further information on these questions, the Committee again requests the Government to reply to them in its next report.

11. Situation of other tribal populations of Bangladesh. The Committee recalled in its previous comments that it had 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 groups in the country. It asked the Government to provide information on any measures it might have taken concerning them. In reply, the Government has referred to its 1989 report; this report, however, did not contain the information which the Committee has requested. The Committee notes also that the Food and Agriculture Organisation of the United Nations, which is associated with the supervision of this Convention, has informed the ILO that there are some conflicts between the Garo tribal people (who live outside the Chittagong Hill Tracts) and the Forest Department. The Committee therefore repeats its request that the Government provide information in its next report on the situation of the tribal people in the country outside the Chittagong Hill Tracts as well.

[The Government is requested to report in detail for the period ending 30 June 1992.]

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

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.