Roundtable Discussion on "Land Disputes in the CHT: Ways to Settling the Issue" held in Dhaka

Report from Kapaeeng Watch

A roundtable discussion titled "Land Disputes in the Chittagong Hill Tracts (CHT): Ways to Settling the Issue" was organized by the eminent citizens on 31 March 2008 at WVA Auditorium in Dhaka. Former Vice Chancellor of Jahangirnagar University Zillur Rahman Siddiqui presided over the discussion while Prof Ajoy Roy of Dhaka University presented the keynote paper in the discussion. The discussion was attended by Dr. AMM Shawkat Ali, Adviser to the Caretaker Government of Bangladesh on Food and Disaster Management as Chief Guest and Chakma Circle Chief Barrister Raja Devasish Roy, Special Assistant to the Chief Adviser of the Caretaker Government in charge of the Ministry of CHT Affairs and the Ministry of Environment and Forest as Special Guest.

Among the eminent citizens and representatives from different social strata Former Adviser to the Caretaker Government Advocate Sultana Kamal, eminent economist Dr. Abul Barkat, Executive Director of ALRD Mr. Shamsul Huda, eminent lawyer of Bangladesh Supreme Court Barrister Sarah Hossain, Vice President of Sammilita Samajik Andolon Mr. Pankaj Bhattachariya, Chairperson of Community Development Library (CDL) Mr. Mohiuddin Ahmed, General Secretary of Bangladesh Adivasi Forum Mr. Sanjeeb Drong, Professor of Dhaka University Dr. Sourav Sikdar, General Secretary of Jatiya Adivasi Parishad Mr. Rabindranath Soren, Senior Reporter of the Daily Ittefaq Ms. Kabita Papri, and eminent columnist and researcher Mr. Syed Abul Maksud also spoke on the occasion.

Chief Guest of the discussion Dr. AMM Shawkat Ali reaffirmed that the present caretaker government would soon reconstitute the CHT Land Commission to settle the longstanding land disputes between indigenous communities and Bengali settlers in the region. He said that the government would appoint a new chairman to the Land Commission and was also planning to appoint two fulltime members to facilitate the works of the commission. He also added that the present government will finish reorganising the Land Commission so that the next government can take it forward. He said that a durable solution to land disputes is a precondition for enduring peace in the region.

He said the government would investigate why lands in the CHT area have been handed over to Bengali settlers despite the ban on reallocation of all lands there. He also emphasized on the need of a population census specifically for the indigenous people of the country. Dr. Ali suggested the organizers of the discussion, discussants and other well wishers of the indigenous people to prioritize the recommendations of the discussion to submit to the Government so that the Government could implement those on priority basis.

Special guest of the discussion Barrister Raja Devashish Roy said that there is no recognized special policy on CHT affairs. No Ministry including the Ministry of CHT Affairs and the Ministry of Land has any plan or policy to bring demographic change or start land reallocations in CHT. The previous land allocations to the Bengali settlers in CHT including unlawful allocation to non-resident powerful elites should be reviewed under existing laws.

He said that the government has decided to activate a commission about a decade after its formation to settle the longstanding disputes over land ownership in CHT. The government has initiated the process to amend few provisions of the Land (Disputes Settlement) Commission Act and reconstitute the commission for speedy disposal of disputes. Terming the "supreme power" of the chairman of the CHT Land Commission unconstitutional, he said the chairman is the main obstacle to settling the land disputes in CHT areas. He said that the differences of opinions between the Ministry of Law and the Regional Council concerning the absolute authority of the Commission's Chairman in settling land disputes and some other clauses of the Commission Act would be mitigated in consultation with the Regional Council so that the Land Commission starts its activities during the tenure of this present Caretaker Government. 

In his keynote presentation, Dr. Ajoy Roy elaborately shared the experiences of 17-member civil society delegation from Dhaka visited Khagrachari and Rangamati districts of CHT to observe land disputes and human rights situation in the region from 28-30 January 2008. Describing the historical background and processes of marginalization of the indigenous ethnic communities and the state hegemony being practiced in CHT so far Dr. Roy drew the attention of country's citizens towards overall helplessness/subjugation of the indigenous people in CHT due to covert military rule and demographic and cultural aggression that have been intensified since emergence of the country. The sense of helplessness among the indigenous people deepened further due to recent move by the administration to settle Bengali settlers in different areas inhabited by the hill people.

Taking part in the discussion, former adviser to a caretaker government Advocate Sultana Kamal said the government must look into the problems of CHT areas with a humanitarian perspective. She said strong political will and pledges coupled with united effort are required to settle the land and other disputes in the CHT areas. She said the political government must take steps on humanitarian grounds to end the disputes that lasted for decades.

Vice President of Sammilita Samajik Andolon and also leader of Gono Forum Mr. Pankaj Bhattacharya suggested holding broader dialogues between the government and the civil society in this regard.

Economist Prof Abul Barakat held previous governments responsible for patronizing land grabbers. He said no government took any initiative to recognize the indigenous communities. He said 30 years ago 75 percent of the people in CHT areas were indigenous people but currently the percentage stands at 47, complicating the issue. He suggested that the government should rehabilitate the Bengali settlers on government lands outside CHT areas. He said political will is required to settle the land disputes. He urged the government not to include any people from the anti-liberation war force in the land commission.

Eminent columnist and journalist Syed Abul Maksud demanded forming a high-powered commission to settle the land disputes in CHT areas.

Chair of the discussion Professor Zillur Rahman Siddiqui said in his closing speech that the entire nation in general and the civil society in particular would remain indebted and guilty so long if they did not provide constitutional recognition and safeguard to the indigenous peoples of the country. The present Caretaker Government should make strong and specific commitment in this regard including just and peaceful solution to the CHT problem by ensuring rights of the indigenous people including their land rights. The civil society should play effective role in realizing the commitments from the Government. He said settling the longstanding land dispute in CHT areas is must. As a nation, the mainstream people would be blamed if they did not ensure indigenous communities' birth rights and if they failed to force the government to implement it. He urged the government to sit with major political parties and have their pledges in this regard.

Recommendations of the discussion

The following recommendations made by the distinguished discussants in their valuable discussion are as follows:

1) The Land Commission must be made functional immediately under the leadership of a non-communal, non-fanatic; neutral and enlightened personality of the country and the Commission must recognize the customary and community land rights of the hill people.

2) The Government and the civil society must uphold, protect and promote ethnic and cultural diversity of the country.

3) The organizers of the discussion and other well wishers of the CHT indigenous people should initiate dialogue with the military authority with an aim to motivate them towards a righteous and peaceful solution to the CHT problem.

4) The denigrating use of the word 'Upajati' (tribe) against the indigenous people by the Government and others must be prohibited and 'Adivasi' should be used instead of that word.

5) Land based rehabilitation of the Bengali settlers must be stopped in CHT and other regions of the country inhabited by the indigenous people.

6) Knowledge based movements and lobbying at civil society, Government and other policy levels must be continued for realizing the rights of the hill people and implementation of the CHT Peace Accord.

7) Full implementation of the CHT Peace Accord must be made in letter and spirit.

8) The Bengali settlers must be withdrawn from CHT to make the entire nation free from the sin it committed by subjugating the indigenous people for ages.

9) No ethnic cleansing could be proved worthy for the nation including those of Bosnia, Palestine and so on. Same theory and treatment in CHT may rather threaten the sovereignty of the country and also hinder the upcoming national election. Hence, the present attitude and policy towards CHT must be changed.

10) The lands, hills, gardens, farm houses, forests etc. acquired by the ministers, bureaucrats, military officials, businessmen and other powerful elites from the plain districts must be cancelled immediately.

11) The commitment for solving CHT problem by delivering rights of the indigenous people must be realized from the political parties before the upcoming election.

12) The state and people must uphold respect to the languages, customs, cultures and ethnic diversity of the indigenous peoples in the country.

13) Government must undertake a population census specifically for the indigenous people in CHT and other regions of the country. Inertia by the Government and policymakers in this regard is ill-motivated and unacceptable. 

14) Islamization in CHT must be prevented and humanism must be instilled in politics including the policies related CHT.

15) Government and other policymakers must show strong political will and commitment for implementation of CHT Peace Accord and ensuring rights of the indigenous peoples in line with the international covenants and conventions ratified by the Government so far.

16) The ongoing harassments of the indigenous people in plain lands relating to admission in educational institutions, obtaining certificates from the local administration etc. must be restrained. A separate Land Commission should be constituted for the plain land indigenous peoples.

17) Government and other actors must take effective measures immediately to stop violation of indigenous peoples' human rights in CHT and other regions relating to land disputes, racism, communalism, administrative favoritism and all forms of disparities perpetrated by administration and mainstream Bengali people.

Please visit for newspaper reports: http://www.thedailystar.net/story.php?nid=30223, http://www.newagebd.com/front.html#10

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