Wednesday, January 29, 2014

The Analysis of Chittagong Hill Tracts Land Dispute Settlement Commission (amendment) Act 2013

The Analysis of Chittagong Hill Tracts Land Dispute Settlement Commission (amendment) Act 2013


Introduction

The Chittagong Hill Tracts (CHT) is located in the south-eastern corner of Bangladesh, bordering Burma and the north-eastern Indian states of Mizoram and Tripura. They are the homeland of 12 ethnic groups, numbering about 600,000 people. Covering 5,093 square miles (10 per cent of the country) and rising as high as 3,000 feet in places, the hill ranges contain limited cultivable land, most of it of low quality, in contrast to the fertile multi-cropped alluvial plains of Bangladesh. The hill people differ markedly from the Muslim Bengali majority in Bangladesh in language, culture, religion and farming methods.

Moreover, land is closely connected to the social, cultural and spiritual lives of the indigenous peoples of the CHT. Therefore, many feel that the success or failure of the 1997 Accord in bringing forth lasting peace and in paving the way for socioeconomic progress in this hill region is very largely dependent upon how the land-related problems are addressed in the coming years The CHLDSC, 2001 addresses various land-related issues through the strengthening of the hill district councils, the formation of commission for the CHT, and with regard to various provisions that sought to deal with the issues of land dispossession, the recognition of customary land rights of the indigenous people and other related issues. Some of the most crucial issue are discussed in the following sections.

Objectives of the study
The objectives of the study are as follows
1.      To analysis the Chittagong hill tracts land dispute settlement commission Act
2.      To explain the various causal factors and conflicts between various ethnic group.
3.      To identify the factors of the implementation of CHT land commission Act.
4.      To appraise the performance of the land commission of CHT.
5.  To provide policy analysis and recommendations concerned with re-situating the illegally occupied lands of the indigenous peoples of CHT.
6.      To identify the problems of CHT land dispute settlement commission.
7.      To analysis the amendment of that Act.
8.      To explore the access of indigenous people in formal court
9.      To understand difficulties the ethnic groups faced by informal judiciary system.
Methodology
This study based on firstly on primary data generated through fieldwork by the researcher, involving unstructured interviews and focus group discussions with respondents in the CHT as well as the city of Ctg. Secondly it involves the content analysis of hundreds of secondary sources including legal documents, official reports, application, petition, press, reports etc. In addition the study has been able to utilize information from the activities of the CHT commission based on its individuals and agencies. Both quantitative and qualitative tools of data collection received equal emphasis in this study
Scope and limitation
The limit of time provides a brief review of the implementation and status of CHT. This process will be during 1995-2013 in CHT. This study is to explore my issues in greater depth and provide a more comprehensive analysis of land alienation in the CHT. Furthermore, the contents have focused on the pattern of lands of IP and Bengali interest. Lastly, this is not a full-fledged academic study, even though the arguments and conclusions are based on rigorous analysis and assessments of empirical evidence. The following pages are aimed to explain technical and legal issues. 
Who are the indigenous peoples?

There are various definitions of the term "indigenous peoples," so a definitive answer to this
Question remains elusive. However the following is a definition that is relatively widely accepted. In general, indigenous peoples are "ethnic groups that have lived in a particular region as their ancestral territory, that have their own unique language, culture, religion and other characteristics distinct from that of other ethnic groups, and that were not involved as constituent peoples information of the modern nation state but were rather invaded and subjugated by the state, and therefore assert their rights of self-determination as well as rights as the first peoples of the land." There are many indigenous peoples in the world. Their population is not well known, and is said to be difficult to grasp. It is estimated to be approximately 250 million in 79 countries worldwide. [1]

Statistics of the amount of land by indigenous people
Land disputes resulted in eight clashes between indigenous hill people and Bangle settlers in different parts of the region claiming 14 lives only in the last two and a half years, according to news reports. Traditional community land ownership of the indigenous hill people in CHT declined to 28.76 per cent from 76.21 between 1978 and 2009, says a study. Over the same period, possession of land by government agencies increased to 25.77 per cent from 5.22 per cent, found a study on CHT land conducted by Chairman of Dhaka University Economics Department Dr Abul Barakat. The forest department announced 2, 18,000 acres of land as reserved, all of which used to be regarded as community land of the indigenous people. Only in Bandar ban the government allocated 1,605 plots consisting 40,077 acres of land to Bengalese for commercial rubber plantations. [2]
Recent amendment of the Act
Indigenous leaders and Bengalis settlers in the Chittagong Hill Tracts (CHT) have had mixed reactions to the Chittagong Hill Tracts Land Dispute Resolution Commission (Amendment) Act 2013, which was approved by the cabinet on Monday. The cabinet has decided to prepare the guidelines within the next three months. The authorities concerned have been ordered to prepare the draft and submit to the cabinet division for its approval.
According to the proposed amendment, the authority to take a decision has been distributed among members of the commission, which was earlier entrusted solely in the hands of its chairman. Mosharraf said: “But, if the commission fails to take a unanimous decision, the opinion of the majority members including the chairman’s opinion will be accepted as final decision.”
Elaborating on the formation of a full commission, he said the five-member commission would be formed under the leadership of a retired justice of the Appellate Division. Other members of the commission will include Divisional Commissioner of Chittagong, representative of the CHT regional council chairman, chairman of the district council and the concerned circle chiefs.
According to the amendment, it is not mandatory for the circle chiefs to attend the commission meetings; instead they may send their representatives. The cabinet secretary said the meeting decided on empowering the commission to settle land disputes about illegal leases, and land occupied by people and distributed to illegal settlers. The commission will be able to deal with the disputes under the law pertaining to the CHT. According to the amended law, members of the ethnic minorities will be prioritised when the commission’s secretary or officials are picked. [3]
Mixed reactions to CHT Land Dispute settlement Commission Amendment Act, 2013
To make the land commission more effective, the government brought 11 amendments to the Land Dispute Resolution Commission Act-2001 and the cabinet approved the amended Act on June 3. These amendments have been proposed mainly by the CHT Regional Council. After the approval to the amended Act, the Bangle inhabitants in the CHT area have been continuing movement against the Act.
Reaction of indigenous people
Ø Nomita Chakma, president of the Khagrachhari District Adivasi Coalition, welcomed the amendment saying it would end many longstanding differences and help establish peace permanently in the hill tracts.
Ø General Secretary of CHT Refugee Welfare Association Santushito Chakma Bakul said indigenous people would have been happier with the draft amendment had the government fully followed CHT Regional Council’s recommendations.
Ø Khagrachhari MP Jatindra Lal Tripura however said the government takes into consideration everyone’s interests.
Ø Indigenous leaders thanked the cabinet for “finally” amending some of the contentious sections of the bill, and hopes it will help resolve outstanding land disputes.
Ø Now most of the indigenous people lost their land due to document forgery by Bangle settlers, and 62 per cent indigenous people of CHT are passing their days in extreme poverty, the study conducted by Dr Barakat says
Reaction of Bengalese
Ø However, convener of Khagrachhari District Parbattya Bangali Chhatra Parishad (PBCP) Abdul Mojid said the settlers would lose their land and government control in the CHT would also be lost if the amendment is approved.
Ø Mayor Md Rafiqul Alam of Khagrachhari municipality said the government decision would not have positive consequences if Bengali settlers’ interests were overlooked.
Ø Leaders of the Bangle community, on the other hand, said it is “controversial”.[4]

Constructive criticism of that amendment
¯ They alleged that the Act has ignored the matter of peaceful co-existence of all residents of CHT area, irrespective of Bangle and indigenous people, through ensuring rational rights of land for all the inhabitants. As per the Act, the CHTLDRC will have five members; three memberships have been reserved for indigenous people while the chairman of the commission will be a retired Justice of the Supreme Court with the divisional commissioner of Chittagong or an additional divisional commissioner nominated by the divisional commission
¯ There is no provision in the Act that the Commission chairman and the Chittagong divisional commissioner shall be a Bangle. As a result, uncertainty has been created regarding protecting the right of land of nearly half of the population of the CHT area.
¯ Besides, as per the amended Act, there is obligation of giving priority in appointing the Commission secretary and other officials and employees from the indigenous community. There is also provision in the Act that traditional laws and customs will be followed to settle land dispute in the CHT area, but there is no specific area and explanation of local customs of indigenous people regarding their rights of land.
¯ In the amended Act, the scope of the land commission has been extended through incorporating the issues of the rehabilitee indigenous refugees’ land, illegal settlement and ousted land, land inside water bodies and any type of land—which will create complexity with the land which had been given for settlement of Bengalese residents in the last four decades, and the word ‘any land’ will also create the chance to consider illegal land used for various purposes including construction of important government infrastructures.
¯ But the commission will not get any representation from the Bengalese community despite Bengalese settlers living in the CHT area, who constitute almost half the total population of the area.
¯ Experts fear that complexity would also be created with the land that has been provided for bangle inhabitants there. Demonstrations are being staged in CHT demanding that the act be scrapped. On June 2, the Parbatya Bangali Chhatra Parishad (PBCP), a student organisation of CHT area, and ‘Somo Odhikar Andolon’ observed daylong hartal in three hill districts.
¯ one-sided’ Act that has been formulated only to protect the interest of the indigenous people,” the demonstrators said.
¯  It was announced that a cadastral survey would be carried out in the region before the land disputes are settled. The announcement created apprehension.

¯ Occupying indigenous peoples’ lands illegally would be recorded as the possessors and eventually as titled owners, while the displaced individuals and communities would be excluded from the survey records. [5]

The Most Weakness of the Act
Main weaknesses in the CHTLDSC Act and implementation with regard to land:

1. The Hill District Councils have not been given the authority to deal with the largest part of the CHT area, i.e. the reserved forests and unclassified State forests, nor with land already leased out by the government, including land leased to non-resident individuals and corporations for commercial plantations and industries.

2. The legislation empowering the Hill District Councils and the Regional Council to assume their role in land and resource management as well as in development projects has still not been adopted.

3. In the previous chapter we discussed the large number of repatriated refugees who have still not been returned their land, as well as the problem of the internally displaced Jumma refugees whose rehabilitation is still pending. The question of how to deal with the problem of land belonging to Jumma people but occupied by settlers is very sensitive.

4. The Land Commission has been established but has not yet started functioning. A weakness of the Accord in relation to the Land Commission is that it provides for an executive order and not for formal legislation.

5.  The government is sitting on thousands of complaints about land ownerships in the hills as the Chittagong Hill Tracts Land Dispute Resolution Commission has remained inactive since its inception 10 years ago.
6 Representatives of the indigenous hill people oppose a few provisions of the Land Commission Act-2001. They say that some of its provisions contradict the CHTPA. [6]
Problem of the section in recent amendment
Section 6(1)(c) of the Chittagong Hill Tracts Land Dispute Resolution Commission Act says, “Any land that has been given in settlement in violation of the existing laws of CHT, shall be cancelled, and if any lawful owner has been illegally occupied on account of such settlement shall be restored:
According to the draft of Section 7(3), “Attendance of the Chairman and another two members on the meeting shall be necessary for maintaining quorum and the Chairman of the commission shall preside over all meetings.”
Section 7(5) of the draft Act says, “Chairman shall take decision on the basis of discussion with other members present on the areas of its activities along with the matter stated in section 6(1) unanimously and in case decision is not unanimous, his decision shall be treated as the decision of the Commission.”
The secretary observed that the local people of the CHT areas have filed at least 3,000 complaints with the land commission so far. But the previous commission had failed to settle the complaints, he noted. [7]

The Crisis of Implementation of the Act

Although a reasonably positive working relationship has been established between the traditional leaders and the CHT councils, increased synergy in their work is, of course, possible and desirable. However, the more serious problem at the moment is the non-implementation of crucial land-related aspects of the 1997 Accord. These include devolution to the hill district councils, the resolution of land-related disputes by the CHT Land Dispute Resolution Commission, the cancellation of land leases granted to non-residents, and the proposed grants of land titles to landless indigenous people.20 Unless these measures are addressed in the near future, meaningful reversal of the historical process of marginalization
and dispossession will not be possible. The climate for early progress in this regard, however, does not seem very likely, given the differing perspectives on various aspects of the Accord between the indigenous peoples of the CHT and the government of the day. [8]




The relevant Case reference

Indigenous vs. Bengali

The case was started in 1987 and judgment came in 2006. His land was occupied by a Bangali in the name of Khas land. He was working in D.C’s office. DC sent officials to identify Khas land and they reported that there was no khas land within the border of his land. Still DC made documents declaring his land as khas land and that person occupied his land. Then he filed case. At first DC (District Court) gave order for investigation. The investigation report came in his favour. Then DC dismissed the investigation report. DC again made the investigation and kept it again in favour of 36 that Bengalis people. Then Sachin again made appeal to Chittagong Court. In 2006, judgment came in his favour. Then again appeal was made in land appeal board. There also judgment came in his favour. Now he is planning to file another case of eviction. He had to spend two lakhs of taka for it. He thinks as DC was Bengalis, he was in favour of Bengalis. [9]

Settlers’ Titles v. Customary Rights

Apart from land dispossession caused by the Kaptai Dam, forestry projects, and land loss to commercial non-resident lessees, indigenous people in the CHT have also lost large tracts of their lands through fraudulent and coercive acts by non-indigenous settlers. Some 250,000 to 450,000 non-indigenous settlers were brought into the region through a government sponsored program that was started in 1979 and concluded in the early 1980s as a “counter-insurgency” measure and, some say, to make the indigenous people a minority in their ancestral homeland.83 He said the commission had prepared a total 43 cases from among 3,000 selected cases for hearing yesterday when all the applicants were present in court. [10]
A case of racial discrimination

The Jumma refugees repatriated from India have received food rations for less than one and a half years following their return from India; the internally displaced Jumma refugees have not received any rations at all. By contrast, Bengali settlers brought to the CHT in the late 1970s and living in cluster villages have been receiving food rations ever since they arrived in the CHT. In Khagrachhari district alone there are 80 Bengali cluster villages, inhabited by 26,262 families (or approximately 125,000 individuals).22 Settlers living in these cluster villages are still receiving free rations, consisting of food grains received through the World  Food Programme, aided by the Australian and Canadian governments. Quite clearly, Bengali settlers and returned Jumma refugees are not treated on an equal footing. [11]






Land case of Ms. Munika Chakma


Ms. Munika Chakma owned three acres of land before she fled to India after the massacres in 1986. Upon return from India, she found all her land occupied by 22 Bengali families. These settlers had been resettled there from another village in Dighinala area in 1994. She lodged a case against the occupation of her land (misc. case nr. 106/98). Ms. Munika Chakma showed a letter from Mr. Salauddin, the local TNO, dated 21/7/99, informing the Deputy Commissioner that her land should be vacated by the settlers and that the 22 settler families demanded rehabilitation and shifting charges. When the representatives of The Chittagong Hill Tracts Commission visited the settlers, who were still in occupation of Ms. Munika Chakma's land, they denied having received any orders to vacate the land. One of them, Md. Harej Mia, s/o Mohammed Ali, was one of the occupants. He said that he came to the CHT in 1984. At first he had been kept near the army cantonment in Dighinala and since 1993 he had been settled here. He never received any land for cultivation from the government but he was cultivating some hilly land. Other settlers also testified that they had never received any land for cultivation, despite promises from the government. [12]

Rights of Indigenous in International Instrument

ILO Convention No. 107

ILO Convention No. 107 has a number of strong provisions that seeks to protect the customary land rights and other economic, social, and cultural rights of indigenous (and “tribal”) peoples and populations. In particular, it obliges the state party to recognize customary land rights and protect indigenous or tribal people where land alienation takes place due to their ignorance of law. While such tripartite arrangements may be suitable for matters of labor law and related matters, this author is of the opinion that they are far from adequate or appropriate to deal with matters concerning indigenous peoples’ rights. Indigenous peoples need to be directly represented at the ILO regarding violations of provisions of this Convention, as in the case of the later and more progressive Convention No. 169. [13]


The Future UN Declaration on Indigenous Peoples’ Rights

The adoption of a U.N. Declaration on the Rights of Indigenous Peoples has been under formal deliberation within the U.N. system ever since Professor Erica-Irene Daes, the then chairperson of the U.N. Working Group on Indigenous Populations, tabled a working paper on a Draft Universal Declaration on Indigenous Rights at the sixth session of the Working Group in 1988.[14]




Relevant provision of international Instrument
Chittagong Hill Tracts Land issues

v  ILO Convention 107
v  ILO Convention: 169
v  ILO Recommendation on Indigenous and Tribal Populations.
v  International Convention on the Elimination of All Forms of Racial Discrimination,   1965.
v  International Laws Universal Declaration of Human Rights, 1948 (UDHR)
v  United Nations Declaration on the Rights of Indigenous Peoples, 2007. [15]

Recommendation

1.
(a) Declare a timeline for implementation of all provisions of the Chittagong Hill Tracts Accord during the remaining period of its term.

(b) Facilitate the expedient settlement of land disputes by the Land Commission through the immediate amendment of the Land Dispute Settlement Commission Act of 2001.

(c) Implement a phased withdrawal of temporary military camps in the region in accordance with the Accord in order to reduce the extent of undue military control and resultant tensions.

(d) Government to amend CHT Land Commission law in accordance with the advice of the CHT Regional Council and implement that amended Act.

(e) Government to provide logistical and other support to Traditional Institutions to enable them to carry out their Justice Administration, Revenue & Land and Natural Resource Management Functions in a more effective & functional manner

(f) Hill District Councils to frame regulations to guide the exercise of their authority on Land Administration and Management


(g) Establish legal services in the region and develop an effective public information and education programme so that victims and witnesses of human rights violations and crimes, in particular violence against women, are able to access legal remedies.

(h) Allow United Nations agencies, international, national and local human rights institutions and groups, including the international watchdog body, the press and the media, free and easy access to travel within the region.

(i) Invite the United Nations Special Rapporteur on the rights of indigenous peoples and other thematic special rapporteurs to assess the situation in the region;

(j) Include provisions in the Constitution of Bangladesh during its expected amendment, giving explicit recognition to the distinctive identity, culture and rights of the indigenous peoples along with ancillary safeguard provisions;

(k) Formally endorse the United Nations Declaration on the Rights of Indigenous Peoples, ratify ILO Convention No. 169 of 1989 and the optional protocol to the International Covenant on Civil and Political Rights.

2. The Commission agrees that the return of the settlers to the plains is the ideal solution and calls upon all donor governments and agencies.

3. Put pressure on the Bangladesh government to accept funds with which to start programmes to resettle Bengali settlers outside the CHT. Many Bengalis settlers have become victims of the whole process, particularly settlers in the Bengali cluster villages.

4. Set up a Resettlement Committee (consisting of re-settlement experts, human rights experts, Members of Parliament, NGOs and representatives of the international donor community) to advise the government on the implementation and phasing of resettlement. The rehabilitation of Jumma refugees returned from India.

5. Propose to the Bangladesh government the creation of an International Land Advisory Commission (consisting of specialists in land law) to assist the Land Commission in its very complex assignment.

6. Activate regional council and hill council for dispute resolution
Regional council and hill council have the scope to play significant role in dispute resolution among indigenous people, but these are not active. Advocacy is badly needed to make these organizations active for this purpose.

7. Acknowledge the rights of the indigenous people in the Constitution
This has been a long demand of the indigenous people to realize their rights through the Constitution of Bangladesh. HRLS programme can do advocacy with the government to make acknowledge the rights and the customary land rights of the indigenous people by amending the Constitution.
           
7. Hill District Councils to exercise their authority and assert their role in accordance with   the HDC Act, 1989, including providing recognition to collective customary law use of untitled lands

8. Withdrawal of the Security Forces.

9. Removal of the settlers and restoration of lands to the original owners.


Conclusion

Now, after almost twelve years, the Government has amended the Chittagong Hill Treats Land Dispute Settlement Act, 2001 in 3 June 2013. But The Chittagong Hill Tracts Land Dispute Commission can come to the process of implementation has been a very slow one, not least because of delaying tactics on the part of the government, and that the situation in the CHT is far from peaceful. Many of the delays in implementation are due largely to the fact that the Bangladesh government did not abide by the letter of the Accord when implementing the various clauses. This provoked repeated protests by the JSS and did, in fact, force the government to change its proposals and act in compliance with the agreement. At other points (e.g. the government nominees for the Interim Regional Council, and the Chairperson of the Land Commission), the government got its way and the JSS had to capitulate. The very slowness of the peace process is in itself a threat to its success. Much precious time has been lost and, with it, much of the goodwill and confidence.

Ultimately, the protection of adibashi land rights will depend upon how much awareness there are, among the general public, and on the part of the government, and other crucial actors – indigenous peoples’ organizations, NGOs, human rights organizations, judicial officers, legal practitioners, human rights activists and the press and media – about adibashi land rights. Therefore, coordinated action by both rights-holders – primarily the indigenous peoples – and the duty-bearers – the government, courts of law, indigenous institutions, human rights organizations and so forth – will be required.

Reference


1. Declaration on the Rights of Indigenous Peoples, Unrepresented Nations and Peoples                Organization (UNPO)
2.  Dr Abul Barakat (2013). Chairman of Dhaka University, Economics Department
3. Amendment-of-CHT-Land-Commission-Act-okayed, Daily-sun
4. Mixed reactions to CHT Land Commission Amendment Act Daily-sun.com, Khagrachhari Law & Rights, June 6, 2013,
6. Your Right to Know, the Daily Star , Saturday, July 13, 201 the Special Procedures

7. ibid
8.  Life and nature at risk. In: Gain P (Editor). The Chittagong Hill Tracts: Life and
Nature at risk.
9. Indigenous vs. Bengali(DC), CHITTAGONG HILL TRACTS COMMISSION, 58-78 (1991);

10.  ibid

11. According to figures obtained by the Refugee Welfare Association from the DC office in Khagrachhari in 1999

12.  Land case of Ms. Munika Chakma,Taungya Newsletter Issue 1, Year 1, January 1999

13.  Arizona Journal of International & Comparative Law Vol 21, No. 1 2004

14.   114. U.N.  Draft Declaration on the Rights of Indigenous Peoples, 114 U.N. Doc.
E/CN 4/Sub  2/1988/25 (1988).

15. ibid



 Web References

www.The Daily Star.com
www.The Daily sun.com
www.minstre of Law.com

Appendix 1

A Brief History of land of the Indigenous people

33. Land is widely recognized as the most critical issue in the Chittagong Hill Tracts where indigenous peoples have lost and are continuing to lose their ancestral Lands at an alarming
Rate as a consequence of forceful eviction from and Expropriation of their lands through development projects and occupation by the Military. To address land-related problems, the Accord provides, inter alia, for the Establishment of a Land Commission with a mandate to settle land disputes, including the authority to cancel leases of lands given to non-tribal and non-local People.

34. The first Chairperson of the Land Commission was appointed in 1999 but, in Effect, the Commission remained inactive until July 2009 when it’s current Chairperson was appointed. In addition to disposing of land disputes by taking into Account customary laws and local traditions and procedures, the Commission has the authority to annul the rights of ownership of lands that were granted illegally. The work of the Commission is guided by the Accord as well as the Chittagong Hill Tracts Land Disputes Resolution Commission Act of 2001. A number of provisions of the Act are contrary to the Accord, however, and not long after the Act was passed the Regional Council submitted a list of proposed amendments to the Government, including to the near-veto powers of the Commission’s Chairperson and to address uncertainties regarding the extent of jurisdiction of the Commission over forest land and seasonally cultivable plough lands known as fringelands.9 The issue of amendment of the Land Commission Act has been one of the factors hindering the proper functioning of the Commission; indigenous members have agreed not to start work until the discrepancies between the Act and the provisions of the Accord have been removed through legal amendments.

35. The work of the Land Commission’s recent decisions, which were announced by the Chairperson without the consent of the Commission’s indigenous members, have generated substantial criticism from indigenous peoples in the region and from civil society organizations. Firstly it was announced that a cadastral survey would be carried out in the region before the land disputes are settled. The announcement created apprehension that those currently occupying indigenous peoples’ land illegally would be recorded as the possessors and eventually as titled owners, while the displaced individuals and communities would be excluded from the survey records. After months of protests against the decision, the Government announced that the survey had been called off and that land ownership would be determined before a survey is conducted.

36. The Land Commission also made a call for the submission of complaints by affected parties, without obtaining the consent of the indigenous members of the Commission regarding the process for the hearing of such complaints. This has resulted in the submission of claims, mostly by Bengali settlers, who are typically occupying indigenous peoples’ lands. Indigenous peoples and their major social and political organizations boycotted this controversial procedure. The Commission subsequently issued notices to indigenous peoples requesting their appearance before it; those failing to appear would risk having their cases be decided in their absence. As a result, there is grave misapprehension about large-scale loss of land rights of the indigenous peoples through this so-called legal mechanism.21

37. Regarding the cancellation of leases for rubber and other commercial plantations to non-tribal and non-local people, in cases where the lands have not been properly utilized for over 10 years, in July 2009 a parliamentary committee on affairs in the region recommended that the concerned leases be cancelled, including for over 45,000 acres of land in the three hill districts. By August 2009, leases of 8,175 acres of land had reportedly been cancelled while leases of another 15,000 acres are known to be awaiting immediate cancellation.22 Many indigenous people feel that these reports are not based on fact, and that only a very few leases have actually been cancelled. In a few cases, some of the land has allegedly been leased out again rather than given back to its original owner.

38. A critical but highly sensitive issue in relation to the restitution of indigenous peoples’ land in accordance with the provisions and intentions of the Accord and its preamble about safeguarding the special characteristics of the area as a tribal inhabited region is the voluntary relocation of Bengali settlers to areas outside the Chittagong Hill Tracts. Several suggestions for a relocation process that would protect the dignity of the settlers and facilitate their proper rehabilitation have been made23 but there appears to be no visible initiative by the successive Governments to start such a process. In the past, the European Parliament is known to have
Offered its support for such a relocation.17

Appendix 2

Relevant laws of Chittagong hill tracts
v   
  • The Chittagong Hill Tracts  Regional Council Act of 1998
  •   The Hill District Council (amendment) Act of 1998 
  •    The Chittagong Hill Tracts Land Disputes Resolution Commission Act of 2001 
  •   The Chittagong Hill Tracts Regulation (amendment) Act of 2003
  • The Hill District Council Acts of 1989 (Acts XIX, XX and XXI of 1989)
  • Chittagong Hill Tracts Regional Council. 1998 (English)
  • CHT Bazar Fund Manual, 1937 (Bangla)
  • CHT Regulation, 1900 (Bangla)
  • Rang Amati Hill District Council Act 1989 (English)
  • Social Forestry (Amended) Rules 2010
  • THE ভূমি-খতিয়ান (পার্বত্য চট্টগ্রাম), ১৯৮৫
  •   The Chittagong Hill Tracts (Land Acquisition) Regulation, 1958 (East Pakistan)
  • The Chittagong Hill Tracts Development Board Ordinance, 1976
  • The Chittagong Hill Tracts frontier Police regulation III of 1881
  • The Chittagong Hill Tracts Loans Regulation, 1938.
  • The Districts (Extension to The Chittagong Hill Tracts) Ordinance, 1984



   Prepared and Posted by: Mohammad Riaj Uddin



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