Part Four

Provisions of the CHT Accord of 1997 and Their Implementation Status [19]

The parties involved in the accord are the government of the People's Republic of Bangladesh and the people of the Chittagong Hill Tracts, represented by the National Committee and the Parbattya Chattagram Jana Samhiti Samiti (PCJSS), respectively. Anticipating criticism or misrepresentation of the accord, the issue of the sovereignty and integrity of Bangladesh is expressly recognized. The objectives of the accord are stated in terms of a comprehensive set of rights and the promotion of all-around development of all citizens in the CHT.

Under the framework of the constitution of Bangladesh and having the fullest and unswerving allegiance to the sovereignty and integrity of Bangladesh, the National Committee on CHT Affairs on behalf of the government of the People's Republic of Bangladesh, and the PCJSS, on behalf of the inhabitants of the Chittagong Hill Tracts, worked out the accord. With an objective to uphold political, social, cultural, educational, and economic rights, and to expedite socioeconomic development process of all citizens in the CHT, the two parties arrived at an agreement which is divided into four parts: General; Hill District Local Government Council/Hill District Council; Chittagong Hill Tracts Regional Council; and Rehabilitation, General Amnesty, and Other Matters.

The following discussion states the provisions of the accord and examines their implementation status, with a view to assessing whether the accord's potential to bury the seeds of discord rooted in the past and having a history of armed insurgency can be realized, or whether it is likely to cause further destabilization in the region.

General

1.     Both sides, considering the CHT as a "Tribal Populated Region," recognized the necessity of protecting the character of this region while making provisions for its overall development.

Implementation status:         The government authorities in the CHT and at the national level remain reluctant to preserve the characteristics of this region as a tribe-inhabited region. So far, the authorities concerned have not made any significant move toward the attainment of overall development in the interest of tribal peoples and other permanent Bengali residents.

2.     Both sides, in accordance with the decisions and responsibilities stated in the different sections under this agreement, determined to make, change, amend, and add relevant rules and procedures as allowed by law as early as possible.

Implementation status:         No steps have been taken to implement this provision. Rather, violations of the CHT Regional Council Act of 1998 and the three Hill District Council (amendment) Acts of 1998 against the interests of tribal people continue.

3.     With an aim to observe the implementation process of this agreement, an Implementation Committee shall be formed with the persons stated below:

a)      A member to be nominated by the Prime Minister— Convener

b)     Chairman of the Task Force formed under this agreement— Member

c)      President of the Parbattya Chattagram Jana Samhiti Samiti— Member

Implementation status:         The Accord Implementation Committee has been formed. It held four meetings during the period from March to November in 1998. However, neither proceedings nor minutes were recorded, and no steps have been taken to implement decisions adopted at the meetings. Since 1998, the committee has remained completely inactive.

4.     This agreement shall be in force from the date of its signing and execution by both parties. This agreement shall remain valid from the date it goes into effect until all steps are executed as per this agreement.

Implementation status:         The accord came into effect from the date of its signing. But the government and the authorities concerned have thus far not abided by the accord. Steps and measures that run contrary to the agreement have been taken in the meantime.

Hill District Local Government Council/Hill District Councils

Both sides agreed to change, amend, add, and repeal the Hill District Local Government Council Acts of 1989 (the Rangamati Hill District Local Government Council Act of 1989, the Bandarban Hill District Local Government Council Act of 1989, and the Khagrachari Hill District Local Government Council Act of 1989) and the various sections described in the accord, such as:

 

1.     The word "tribe" used in the various sections of the council acts shall remain intact.

Implementation status:         This provision has been implemented.

2.     The name of the Hill District Local Government Council shall be amended and this council shall be renamed as the Hill District Council.

Implementation status:         This provision has been implemented.

3.     " Non-tribal permanent resident" shall mean a person who is not a tribal and who has lands of lawful entitlement in the hill districts, and who generally lives in the hill district at a specific address.

Implementation status:         This provision has been included in the three Hill District Amendment Acts of 1998. But there are allegations of violations in implementation by misinterpretation of the provisions and law by the authorities.

4.     a) There shall be three seats for women on every hill district council. One third of these seats shall be for non-tribal women.

Implementation status:         This provision has been included in the Hill District Acts.

      b) Sub-sections 1, 2, 3, and 4 of section 4 shall remain in force as per the original act.

Implementation status:         This provision is in force. As for 4a), the provision exists in local government systems in the rest of the country, where three women members are elected to local bodies.

      c) The words "Deputy Commissioner" and "Deputy Commissioner's" appearing in the second line of sub-section (5) of section 4 shall be substituted by the words "Circle Chief" and "Circle Chief's" respectively.

Implementation status:         This provision has been included in the Hill District Acts.

      d) The following sub-section shall be added to section 4: "Whether a person is a non-tribal or not and, if so, which community he is a member of, shall be determined, subject to his producing a certificate from the concerned Mouza Headman/Union Council Chairman/Municipality Chairman, by the Circle Chief concerned; without a certificate in this connection being received from the Circle Chief, no person shall be eligible as a non-tribal to be a candidate for the post of a non-tribal member."

Implementation status:         This provision has been included in the Hill District Acts.

5.     It is provided in Section 7 that a person elected to the post of Chairman or Member shall, before assumption of office, swear or affirm an oath before the Commissioner, Chittagong Division. This shall be amended by provisions to the effect that the Members shall swear or affirm an oath before "a Judge of the High Court Division" instead of the "Commissioner, Chittagong Division."

Implementation status:         Though the provision has been included in the Hill District Council Acts, Council Chairmen and Members did not swear or affirm oaths before any Judge of the High Court Division prior to taking over charges of the office. This violation implies a superior standing of the administration at the local level.

6.     The words "to the Commissioner, Chittagong Division" shall be replaced by "as per election rules" in the fourth line of section 8.

Implementation status:         This provision has been included in the Hill District Council Acts.

7.     The words "three years" in the second line of section 10 shall be substituted by the words "five years."

Implementation status:         This provision has been included in the Hill District Council Acts.

8.     There shall be a provision that if the office of the Chairman falls vacant, in absence of a Chairman, a tribal member elected by the other members of the Council shall preside and perform other responsibilities.

Implementation status:         This provision has been included in the Hill District Council Acts.

9.     The existing section 17 shall be substituted by the following sentence: "A person shall be entitled to be considered as legally eligible for enlistment in the Voters' List if he is (1) a citizen of Bangladesh, (2) not below 18 years of age, (3) not declared by any competent court to be of unsound mind, (4) a permanent resident of the hill district."

Implementation status:         This provision has been included in the Hill District Council Acts. However, electoral lists have not been made on the basis of this Provision. Non-permanent residents were included in the voter list to outnumber the Jumma people in the CHT.

10.   The words "delimitation of constituencies" appearing in sub-section 2 of section 20 shall be distinctly incorporated.

Implementation status:         This provision has been included in the Hill District Council Acts.

11.   There shall be a provision in sub-section 2 of section 25 that the Chairman, and in his absence, a tribal member elected by other members, shall preside over all meetings of the Council.

Implementation status:         This provision has been included in the Hill District Council Acts.

12.   Since the Mong Circle does not encompass the entire area of the Khagrachari district, the words "Khagrachari Mong Chief" appearing in section 26 of the act regarding the Khagrachari Hill District Council shall be substituted by the words "Mong Circle Chief and Chakma Circle Chief." Similarly, there shall be a provision for the attendance of the Bohmang Chief in the meetings of Rangamati Hill District Council. In the same manner, there shall be a provision that the Bohmang Circle Chief, at his will or upon being invited, shall be entitled to attend the meetings of the Bandarban Hill District Council.

Implementation status:         This provision has been included in the Khagrachari and Bandarban Hill District Council Acts, but it has not yet been included in the Rangamati Hill District Council Act.

13.   There shall be a provision in sub-sections 1 and 2 of section 31that a Chief Executive Officer of the status of a Deputy Secretary to the government shall be the Secretary of the Council, and that tribal officials will receive priority for consideration for this post.

Implementation status:         This provision has been included in the Hill District Council Acts. However, it has not been implemented accurately.

14.   a) There shall be a provision in sub-section 1 of section 32 that the council shall be competent, subject to approval by the government, to create posts of officers and employees of different categories for the purpose of smooth completion of the works of the council.

Implementation status:         Though the provision has been included in the Hill District Council Acts, the Hill District Councils and the national government have yet to implement it.

      b) Sub-section 2 of section 32 shall be amended as follows: the council can, according to regulations, recruit class three and four employees and can transfer, suspend, dismiss, remove, or punish them. However, conditions will be that in case of such appointments, the tribal residents shall be given priority.

Implementation status:         This provision has been included in the Hill District Council Acts but has not been implemented fully.

c) It shall be provided in sub-section 3 of section 32 that the government shall, as per regulations, have the authority to appoint officers in consultation with the council and to transfer elsewhere, suspend, dismiss, remove, or otherwise punish them.

Implementation status:         This provision has been included in the Hill District Council Acts.

15.   " As per rules" shall be mentioned in sub-section 3 of section 33.

Implementation status:         This provision has been included in the Hill District Council Acts.

16.   The words "or in any other way determined by the government" appearing in the third line of sub-section 1 of section 36 shall be deleted.

Implementation status:         The words have been deleted, which means the provision has been implemented.

17.   a) The principal clause of the "fourth" point of sub-section 1 of section 37 shall remain intact.

Implementation status:         This provision is intact in the Hill District Council Acts.

b) The words "as per rules" shall be inserted in clause "D" of sub-section 2 of section 37.

Implementation status:         This provision has been inserted in the Hill District Council Acts.

18.   Sub-section 3 of section 38 shall be deleted, and sub-section 4 shall be amended as follows:  "At any time before the expiry of a financial year, a budget may be prepared and approved, if necessary, for that financial year."

Implementation status:         This provision has been included in the Hill District Council Acts.

19.   The following sub-section shall be added to section 42: "The council shall be competent to prepare, undertake, and implement, with the help of money receivable from the government, development projects in respect of the matters transferred to it, and all development programs at the national level shall be implemented through the council by the ministry/department/institution concerned."

Implementation status:         This provision has been included in the Hill District Council Acts in a modified form that is contradictory to the provision of the agreement as follows:

"(a) The council shall be competent to prepare, undertake, and implement, with the help of money receivable from the government, development projects in respect of the institutions and works transferred to it."

"(b) The council shall be competent to implement all development programs in respect of the subjects transferred to it at the national level through the council by the ministry, department, or institutions concerned."

20.   The word "government" appearing in the second line of sub-section 2 of section 45 shall be replaced by the word "council."

Implementation status:         This provision has been included in the Hill District Council Acts.

21.   Sections 50, 51, and 52 shall be replaced, and instead the following section shall be enacted: "The government, if deemed necessary, may advise or order the council, in order to ensure conformity with the purpose of the act. If the government is satisfied that anything done or intended to be done by the council or on behalf of the council is not in conformity with law or contrary to public interest, the government may seek information and clarification and give advice or instruction to the council on the matters concerned in writing."

Implementation status:         This provision has been included in the Hill District Council Acts.

22.   The words "after the expiry of the period of being defunct" in sub-section 3 of section 53, shall be deleted, and the words "within 90 days of cancellation of the council" shall be inserted before the words "this act."

Implementation status:         This provision has been included in the Hill District Council Acts.

23.   The word "government" will be replaced by the word "ministry" in the third and fourth lines of section 61.

Implementation status:         This provision has been included in the Hill District Council Acts.

24.   a) Sub-section 1 of section 62 shall be amended as follows: "Notwithstanding anything contained in any other law for the time being in force, sub-inspectors and all members of ranks subordinate thereto of the hill district police shall be appointed by the council as per regulations and prescribed procedure, and the council shall be competent to transfer them and take punitive action against them in accordance with the procedure prescribed by the regulations, provided that the tribal of the district shall have preference in case of the said appointment."

Implementation status:         Though this provision has been included in the Hill District Council Acts, relevant power according to this provision has not been transferred to Hill District Councils.

b) The words "subject to the provisions of all other laws for the time being in force" as they appear in the second line of sub-section 3 of section 62, shall be replaced by the words "as per law and rules."

Implementation status:         This provision has been included in the Hill District Council Acts.

25.   The words "to render assistance" in the third line of section 63 shall remain intact.

Implementation status:         This provision remains intact.

26.   Section 64 shall be amended and enacted as follows:

"(a) Notwithstanding anything contained in any other law for the time being in force, no land and premises, including the leasable Khas lands, within the territorial limits of the Hill Districts shall be transferable by Ijara (leasing), settlement, purchase, or sale except with the prior permission of the council, provided that this provision shall not be applicable in respect to the area of Reserved Forest, Kaptai Hydroelectric Project, Betbunia Satellite Station, state-owned industries and factories, and the lands recorded in the name of the government."

Implementation status:         This provision has been included in the Khagrachari and Bandarban Hill District Council Acts. But in the Rangamati Hill District Act the words "in the name of the government or local authorities" have been replaced by the words "in the name of the government." The government has not yet taken any steps to amend the provision according to the accord. The provision has not been implemented and the said authority has not been transferred to the Hill District Councils.

"(b) Notwithstanding anything contained in any other law for the time being in force, no land, hill forest under the control and within the jurisdiction of the council shall be acquired or transferred by the government without consultation with, or the consent of, the council."

Implementation status:         This provision has been included in the Hill District Council Acts. But the government and the concerned authorities are violating this provision. The following chart shows the amount of land the government had allocated or planned to allocate in different sectors without consulting the council:

 

Different Sectors	Amount of Land (in acres)
Establishment of Ruma Armed Forces Garrison	9,560
Expansion of Bandarban Brigade Headquarters	183
Establishment of Artillery Training Center	30,446
Establishment of Air Force Training Center	26,000
Reserved Forestation	72,000
Lease by District Commissioner	18,333
Total	156,552

 

"(c) The Council can supervise and control the works of the Headmen, Chairmen, Amins, Surveyors, Kanungos, and Assistant Commissioner (land)."

Implementation status:         This provision has been included in the Hill District Council Acts, but this power has not been given to the Council.

"(d) The reclaimed fringe lands of Kaptai Lake shall be leased out on a priority basis to the original owners."

Implementation status:         This provision has been included in the Hill District Council Acts, but has not been followed by the authorities concerned. Rather, hundreds of acres of fringe lands have been leased out to settlers.

27.   Section 65 shall be amended and formulated as follows: "Notwithstanding anything contained in any other law for the time being in force, the responsibility of collecting the Land Development Tax of the district shall rest in the hands of the council and the collected tax of the district shall be deposited in the fund of the council."

Implementation status:         Though the provision has been included in the Hill District Council Acts, this power is still being exercised by the deputy commissioners of the Hill Districts.

28.   Section 67 shall be amended and formulated as follows: "in the event of necessity for harmonization of the works of the council and the government authorities, the government or the council shall raise proposals on specific subject and the harmonization of the works shall be effected through mutual communications between the government and council."

Implementation status:         This provision has been included in the Hill District Council Acts. This provision has not been exercised either by the government or the Hill District Council.

29.   Sub-section 1 of section 68 shall be amended and formulated as follows: "With a view to carrying out the purposes of this act, the government may, upon consultation with the council, make rules through notification in the Government Official Gazette and the council shall have a special right to apply to the government for review of the said rules even after they are already made."

Implementation status:         This provision has been included in the Hill District Council Acts. But the government has not yet made any rules applicable to the Hill District Council.

30.   a) The words "with prior approval of the government" in the first and second lines of sub-section 1 of section 69 shall be repealed, and after the words "may make" in the third line the following proviso shall be added: "provided that if the government does not agree with any part of the regulations made, it shall be competent to give advice or directive to the council towards amendments of said regulations."

Implementation status:         This provision has been included in the Hill District Council Acts.

b) The words "conferment of the powers of the chairman on any officer of the council" in clause (h) of sub-section 2 of section 69 shall be deleted.

Implementation status:         This provision has been implemented.

31.   Section 70 shall be deleted.

Implementation status:         This provision has been implemented.

32.   Section 79 shall be amended and formulated as follows: "If, in the opinion of the council, any law made by the national parliament or any other authority as applicable to the hill district is one which creates hardship for the said district or is objectionable to the tribal, the council may, upon stating the cause of hardship or objection, apply to the government in writing for amending or relaxing the application of such law, and the government may take remedial measures in accordance with such applications."

Implementation status:         This provision has been included in the Hill District Council Acts.

33.   a) The word "supervision" shall be added after the word "discipline" in the schedule number one on the activities of the council.

Implementation status:         This provision has been included in the Hill District Council Acts.

b) In item no. 3 of the Council's activities, the following shall be added: "(1) Vocational education, (2) Primary education through mother tongue, (3) Secondary education."

Implementation status:         This provision has been included in the Hill District Council Acts but has not been put into effect.

c) The words "reserved or" appearing in clause 6(b) of the Council's activities shall be deleted.

Implementation status:         This provision has been implemented.

34.   The following subjects shall be included in the functions and the responsibilities of the Hill District Council:

a) Land and land management

b) Police (local)

c) Tribal law and social justice

d) Youth welfare

e) Environmental protection and development

f) Local tourism

g) Improvement Trust and other institutions concerning local administration, other than Municipality and Union Council

h) Issuing license for local commerce and industries

i) Proper utilization of rivers and streams, canals and beels (low-lying marshy tracts) and irrigation systems other than water resources of the Kaptai Lake

j) Maintaining of the statistics of birth and deaths

k) Wholesale business

l) Jum cultivation

Implementation status:         This provision has been included in the Hill District Council Acts, but some of the subjects have not been transferred to the Hill District Councils.

35.   The following items shall be added to the subjects for imposition of taxes, rates, tolls, and fees by the council as stated in the second schedule:

a) Registration fees of non-mechanical transports

b) Tax on buying and selling commodities

c) Holding tax on lands and buildings

d) Tax on selling of domestic animals

e) Fees for community adjudication

f)    Holding tax on government and non-government industries

g) A specified part of the royalty on forest resources

h) Supplementary Tax on Cinema, Jatra (a form of theater), and Circus

i) Part of royalty received by the government against granting licenses or pattas (ownership rights to land) for the exploitation of mineral resources

j) Tax on business

k) Tax on lottery

l) Tax on catching fish

Implementation status:         This provision has been included in the Hill District Council Acts, but power to exercise this provision has not been given to the Hill District Council.

Chittagong Hill Tracts Regional Council

1.     Subject to the amendment and addition of the various sections in the Parbattya Zilla Sthanio Sarkar Parishad Ayin, 1989 (Hill District Local Government Council Act XIX, XX, and XXI of 1989) for the purpose of making the Hill District Council more powerful and effective, a Regional Council will be formed comprising the local government councils of three Hill Districts.

Implementation status:         The three Hill District Council Acts have been amended according to the accord.

2.     The elected members of the Hill District Council shall, by indirect mode, elect the chairman of this council whose status shall be equivalent to that of a state minister and who shall be a tribal.

Implementation status:         This provision has been included in the Regional Council Act. The chairman is a tribal and has been given the status of a state minister.

3.     The council shall consist of twenty-two members including the chairman. Two-thirds of the members shall be elected from amongst the tribal. The council shall determine the modality of its functioning.The constitution of the council shall be as follows:

a) Chairman— one person

b) Members (tribal males)— twelve people

c) Members (tribal females)— two people

d) Members (non-tribal males)— six people

e) Member (non-tribal female)— one person

Of the male tribal members, five shall be elected from the Chakma tribe, three from the Marma tribe, two from the Tripura tribe, one from the Murang and Tanchangya tribes, and one person amongst the Lushai, Bawm, Pankhu, Khumi, Chak and Khiyang tribes. Of the male non-tribal members, two persons shall be elected from each district. Of the female tribal members, one person shall be elected from the Chakma tribe, and another from among the rest of the tribes.

Implementation status:         This provision has been included in the Regional Council Act and has been implemented.

4.     There shall be reserved three seats for women in the council and one-third thereof shall be for non-tribal women.

Implementation status:         This provision has been included in the Regional Council Act and has been implemented.

5.     The members of the council shall, by indirect mode, be elected by the elected members of the three Hill District Councils. The chairmen of the three hill districts shall be ex officio members of the council and they shall have right to vote. The qualification and disqualification of candidature for membership in the council shall be similar to those of the members of the Hill District Councils.

Implementation status:         This provision has been included in the Regional Council Act.

6.     The tenure of office of the council shall be five years. The procedure and other matters regarding the preparation and approval of the budget of the council, dissolution of the council, framing of the rules of the council, appointment and control of the officers and employees, etc., shall be similar to the procedure and other matters as are applicable to the Hill District Councils.

Implementation status:         This provision has been included in the Regional Council Act but has not been implemented accordingly.

7.     There shall be a chief executive officer in the council of the rank equivalent to that of a joint secretary to the government, and the tribal candidate shall be given preference for appointment to this post.

Implementation status:         This provision has been included in the Regional Council Act. A tribal person has been appointed as the chief executive officer.

8.     a) If the post of chairman of the council falls vacant, one person from amongst the other tribal members shall be, by indirect mode, elected chairman for the interim period by the members of the three Hill District Councils.

Implementation status:         This provision has been included in the Regional Council Act.

b) If the post of a member of the council falls vacant for any reason, it shall be filled up by by-election.

Implementation status:         This provision has been included in the Regional Council Act.

9.     a) The council shall coordinate all of the development activities carried out by the three Hill District Councils, and shall also superintend and harmonize all affairs of, and affairs assigned to, the three Hill District Councils. In the event of lack of harmony or any inconsistency being found in the discharge of responsibilities given to the three Hill District Councils, the decision of the Regional Council shall be final.

Implementation status:         This provision has been included in the Regional Council Act but has not been implemented accordingly. The three Hill Districts, with government backing, have opposed or otherwise been uncooperative with the Regional Council in many cases.

b) The council shall coordinate and supervise the local councils, including the municipalities.

Implementation status:         This provision has been included in the Regional Council Act. But the union councils along with local councils have not been very cooperative with the Regional Council.

c) The council shall coordinate and supervise the three Hill Districts in matters of general administration, law and order, and development.

Implementation status:         This provision has been incorporated into the Regional Council Act, but the district administrators, police supers, and development authorities have been performing functions that ignore the Regional Council.

d) The council shall coordinate the activities of the non-governmental organizations (NGOs), in addition to disaster management and the carrying out of relief programs.

Implementation status:         This provision has been included in the Regional Council Act.

e) Tribal law and community adjudication shall be within the jurisdiction of the Regional Council.

Implementation status:         This provision has been included in the Regional Council Act, but no proper steps have been taken to implement this provision.

f) The council shall be competent to grant licenses for heavy industries.

Implementation status:         This provision has been included in the Regional Council Act. However, the process of establishing a fertilizer industry in the Chittagong Hill Tracts and two more units in the Kaptai Hydroelectric project are in progress, without consultation with the Regional Council.

10.   The Chittagong Hill Tracts Development Board shall discharge the assigned duties under the general and overall supervision of the council. The government shall give preference to the eligible tribal candidates in appointing the chairman of the Development Board.

Implementation status:         This provision has been included in the Regional Council Act, but the Development Board, with government cooperation, has been discharging its responsibilities, ignoring the Regional Council.

11.   The Chittagong Hill Tracts Regulation of 1900 and other related acts, rules, and ordinances being found inconsistent with the Local Government Council Acts of 1989, shall be removed by law as per the advice and recommendations of the Regional Council.

Implementation status:         Though the provision has been included in the Regional Council Act, the government has not taken any steps to eliminate the inconsistencies.

12.   Until the formation of the Regional Council through direct and indirect election, the government shall be competent to constitute an interim Regional Council and to empower it to discharge the responsibilities assigned to the council.

Implementation status:         This provision has been included in the Regional Council Act. An interim council has been formed but it has not been made effective.

13.   In making any law in connection with the Chittagong Hill Tracts, the government shall enact such law in consultation with and as per the advice of the Regional Council. If it becomes necessary to amend any law that bears an adverse effect on the development of the three Hill Districts and the welfare of the tribal people, or to enact a new law, the council shall be competent to apply or submit recommendations to the government.

Implementation status:         This provision has been incorporated into the Regional Council Act, but the government has ignored this provision while enacting law applicable to the Chittagong Hill Tracts.

14.   The fund of the council shall be created from the following sources:

a) Money received from the District Council Fund

b) Money or profits received from all the properties vested in or managed by the council

c) Loans and grants from the government and other authorities

d) Grants given by any institution or person

e) Profits earned from the investments of the Council Fund

f) Any money received by the council

g) Money received from other sources provided to the council as per the direction of the government

Implementation status:         This provision has been included in the Regional Council Act, but the government has not been very cooperative in creating the fund for the council.

Rehabilitation, General Amnesty, and Other Matters

In order to restore normalcy in the Chittagong Hill Tracts region and, to that end, with respect to the works and matters of rehabilitation, general amnesty, and allied issues, both parties have arrived at the following consensus and agreed to undertake programs as follows:

 

1.     With a view to bringing the tribal refugees staying in the Tripura State of India back to Bangladesh, an agreement was signed on the 9 March 1997 at Agartala in Tripura State between the government and leaders of tribal refugees. In pursuance of that agreement, the tribal refugees started returning to Bangladesh on 28 March 1997. This process shall proceed unhindered, and to that end the Jana Samhiti Samiti shall give all possible cooperation. After ascertaining the identity of the Internally Displaced Persons of the three Hill Districts, rehabilitation measures shall be undertaken through a task force.

 

Implementation status:         

a) All of the CHT Jumma refugee families (12,222 in number, with a total of 64,609 persons) returned to the CHT from the Tripura State of Indian. But almost 50 percent of them could not return to their own homesteads and native villages because they failed to get back their homesteads and lands. Their rehabilitation under present circumstances therefore has become uncertain.

b) The government has not taken up the process of rehabilitation of Internally Displaced Persons at all. The task force, other than compiling a preliminary list, has not taken any other concrete measures for the rehabilitation of said persons. In violation of this provision, the government is making attempts to rehabilitate Bengali settlers in the CHT as permanent residents.

2.     After the signing of the agreement between the government and the Jana Samhiti Samiti and implementation thereof, and the rehabilitation of the tribal refugees and internally displaced tribal, the government— in consultation with the Regional Council to be constituted under this agreement— shall, as soon as possible, commence the land survey in the Chittagong Hill Tracts. The government will finally determine the land ownership of the tribal people by settling the land disputes through proper verification, and shall record their land and ensure their rights thereto.

Implementation status:         This program is yet to be implemented. This is an important provision because claim to land and its ownership has been a crucial issue creating friction between the tribals and the settlers.

3.     In order to ensure the land ownership of tribal families having no land or lands below two acres, the government shall, subject to availability of land in the locality, ensure settling two acres of land per family. In the event of non-availability of required land, grove-lands shall be tapped.

Implementation status:         This program has not yet been taken up for implementation.

4.     A Land Commission shall be constituted under the leadership of a retired justice for settlement of disputes regarding lands and premises. This commission shall, in addition to early disposal of land disputes of the rehabilitated refugees, have full authority to annul the rights of ownership of those hills and lands which have been illegally settled and in respect of which illegal dispossession has taken place. No appeal shall be maintainable against the judgement of this commission and the decision of this commission shall be deemed to be final. This provision shall be applicable in the case of fringe-lands.

Implementation status:         The head of this commission was named, but he died before he could enter office. Later the government appointed another retired judge as chairman of the commission but he resigned from the post soon after accepting it. No attempt has been taken as yet for the commission to function.

5.     The commission shall be constituted with the following members:

a) Retired justice

b) Circle chief (concerned)

c) Chairman/representative of the Regional Council

d) Divisional commissioner/additional commissioner

e) Chairman of the District Council (concerned)

Implementation status:         The government has not appointed any member of the commission. The government has refrained from taking steps to settle disputes about the declaration of chiefs in the Mong Circle and Bohmang Circle. 

6.     a) The tenure of office of the commission shall be three years. But its tenure shall be extendible in consultation with the Regional Council.

Implementation status:         The government agreed to Jana Samhiti Samiti's proposal on settling land disputes in at least the Rangamati Hill District, but has not taken any steps in this regard.

b) The commission shall resolve the disputes in consonance with law, custom and practice in force in the Chittagong Hill Tracts.

Implementation status:         The government has not taken any steps to determine the customary law and practices in force in the Chittagong Hill Tracts.

7.     The loans that were taken out by the tribal refugees from government agencies, but could not be properly utilized on account of the state of belligerency, shall be remitted along with interest.

Implementation status:         The government's stated position has been that the matter is under process in the Ministry of Finance, and that instructions have been given to the deputy commissioners of the three Hill Districts. However, the process is yet to be completed.

8.      Land allocation for rubber and other plantations: out of the lands allocated to non-tribal and non-local persons for rubber and other plantations, the lease (allocation) with respect to the lands of those who did not undertake any project during the last ten years or did not properly utilize the lands shall be cancelled.

Implementation status:         The government has not yet taken any steps to implement this provision of the agreement. In violation of this provision the deputy commissioners of three Hill Districts allocated more lands to non-tribal and non-local persons in the last three years.

9.     The government shall allocate additional finances on a priority basis for the implementation of an increased number of projects towards developments in the Chittagong Hill Tracts. The government shall implement new projects on a priority basis for the construction of required infrastructure for the development of the region and shall allocate necessary finances to this end. Keeping in view the environment of this region, the government shall encourage the development of tourism facilities for the tourists from within the country and abroad.

Implementation status:         The government has allocated some funds for various projects in the CHT that have not at all benefited the Jumma people and the permanent Bengali residents. There has not been effective discussion between the government and the Hill District Councils and the Regional Council on the issue of tourism.

10.   Quotas and stipend grants: The government shall maintain the quota system for the tribal with respect to government service and in institutions for higher studies until their attainment of parity with other regions of the country. To the aforementioned end, the government shall grant an increased number of stipends for the tribal male and female students in educational institutions. The government shall provide necessary scholarships for higher education and research in foreign countries.

Implementation status:         Quotas are not being implemented properly. The number of stipends has not been increased and scholarships for higher education and research in foreign countries have not been provided.

11.   The government and the elected representatives shall strive to uphold the characteristics of tribal creed and culture. The government shall patronize and help the cultural activities of the tribes towards their efflorescence.

Implementation status:         The government has not taken any steps towards this end.

12.   The Jana Samhiti Samiti shall, within forty-five days of the signing of this agreement, submit lists of all of its members, including those armed, to the government, along with details about the particulars of arms and ammunitions in its possession and within its control.

Implementation status:         This provision has been executed on time.

13.   The government and the Jana Samhiti Samiti shall, within forty-five days of the signing of this agreement, jointly determine the date, time, and place for the deposit of arms. After the determination of the date and place for the deposit of arms and ammunitions of the listed members of Jana Samhiti Samiti, various security measures shall be provided for the return of the members of Jana Samhiti Samiti and their family members to normal life.

Implementation status:         This provision has been executed.

14.   The government shall declare amnesty for those members who will deposit arms and ammunitions on the scheduled date. The government shall withdraw all cases lodged against them.

Implementation status:         The government declared amnesty for all of the members who returned to normal life. The JSS submitted lists of cases lodged against its members. But the government has yet to withdraw all of the cases.

15.   In the event of any person's failing to deposit arms within the specified time limit, the government shall take legal action against such a person.

Implementation status:         The JSS deposited all arms and ammunitions within the specified time limit; hence, the government did not need to take any legal action.

16.   A general amnesty shall be given to all the members of the Jana Samhiti Samiti after their return to normal life and a general amnesty shall also be given to all the permanent inhabitants connected with the activities of the Jana Samhiti Samiti.

Implementation status:         This provision has been implemented.

a)      For the purpose of rehabilitating the returning members of the Jana Samhiti Samiti, Tk. 50,000 per family shall be given at a time.

Implementation status:         The returning members received Tk. 50,000 Those members who were in jails were also granted Tk. 50,000 each.

b)     After the deposit of arms and return to normal life of all members, including the armed ones, of the Jana Samhiti Samiti against whom cases were filed, warrants of arrest were issued, 'hulias' were published, or sentence was given on trial in absentia, all cases shall be withdrawn, warrants of arrest and 'hulias' shall be called back, and sentences given in absentia shall be remitted as early as possible. If any member of the Jana Samhiti Samiti is in jail, he too shall be set free.

Implementation status:         Of the 999 cases placed before the government for withdrawal or dismissal, 461 were withdrawn. But cases under the military court have not yet been taken up for withdrawal or dismissal by the government.

c)      Similarly, after the deposit of arms and return to normal life, no case shall be filed against, or punishment be given to, or arrest be made of any person merely on account of his/her being a member of the Jana Samhiti Samiti.

Implementation status:         Cases were filed, and warrants of arrest were lodged and issued against some JSS members.

d)     The loans, which were taken out by members of the Jana Samhiti Samiti from government banks and establishments, but could not be utilized properly on account of the state of belligerency, shall be remitted with interest.

Implementation status:         The stated position of the government is that the matter is under process, but so far no step has been taken to exempt the loans.

e)       Those of the returned members of the Jana Samhiti Samiti who were previously in the service of the government or government organizations shall be reinstated to their respective posts, and the members of the Jana Samhiti Samiti and members of their families shall be given employment in accordance with their qualifications. In this respect, government policy regarding the relaxation of age limits for them shall be followed.

Implementation status:         Seventy-eight JSS returning members submitted applications for reinstatement. Of these, sixty-two members were reinstated to their posts. But considerations of time scale, seniority, and related allowances are yet to be granted or regularized. Six hundred seventy-one JSS members have been appointed as police constables and ten JSS members as traffic sergeants.

f)      Priority shall be given to the members of the Jana Samhiti Samiti in giving bank loans on simple terms with a view to helping their self-employment activities such as cottage industries, horticulture, etc.

Implementation status:         A committee has been formed but the provision has not been implemented.

g)     Education facilities shall be provided to the children of the members of the Jana Samhiti Samiti, and their certificates obtained from foreign academic institutions shall be treated as valid.

Implementation status:         With one exception, certificates are being treated as valid.

17.   a) After the signing and execution of the agreement between the government and the Jana Samhiti Samiti, and immediately after the return of the members of the Jana Samhiti Samiti to normal life, all temporary camps of the army, the Ansars and the Village Defense Party (VDP), excepting the Border Security Force (BDR) and permanent army establishments (consisting of those three at the three district headquarters and those at Alikadam, Ruma, and Dighinala), shall be taken back in phases from the Chittagong Hill Tracts to permanent cantonments and a time limit shall be fixed for this purpose. In cases of the deterioration of law and order in the region, in times of normal calamities, and for similar other purposes, the armed forces may be deployed under the authority of the civil administration in adherence to law and rules as are applicable to all the other parts of the country. In this respect, the Regional Council may, in order to get the required or timely help, make requests to the appropriate authority.

Implementation status:         No time limit has been determined for completion of the withdrawal of camps, which equates to a delaying of this process. So far only thirty-five temporary army camps have been taken back. The order issued in 1973 to impose military administration in the CHT remains in effect at present, having never been withdrawn. As a result, the involvement of the army in the civil administration of the CHT still exists.

b) The abandoned lands of military and paramilitary forces and cantonments shall be transferred to their original owners or to the Hill District Council.

Implementation status:         This provision has not been implemented fully.

18.   Permanent residents of the CHT, on a priority basis for the tribal, shall be appointed to all posts of officers and employees at all levels of government, semi-government, council offices, and autonomous bodies in the CHT. The government may assign a deputy for a term of a certain period, provided that qualified candidates among the permanent residents of the CHT are not available for a particular post.

Implementation status:         Appropriate steps have not been taken by the government to implement this provision.

19.   A Ministry on Chittagong Hill Tracts Affairs shall be established by appointing a minister from among the tribal groups. An Advisory Council shall be formed to assist this ministry with the persons stated below:

a)  Minister on Chittagong Hill Tracts Affairs

b) Chairman/representative, Regional Council

c) Chairman/representative, Rangamati Hill District Council

d) Chairman/representative, Khagrachari Hill District Council

e) Chairman/representative, Bandarban Hill District Council

f) Member of Parliament, Rangamati

g) Member of Parliament, Khagrachari

h) Member of Parliament, Bandarban

i) Chakma Rajah

j) Bohmang Rajah

k) Mong Rajah

l) Three members from non-tribal residents of hilly areas nominated by the government from three Hill Districts

Implementation status:         A Ministry for CHT Affairs has been established. A minister has been appointed. An Advisory Council has been formed but has not met yet.