19
Water rights and land issues in the CHT. In Bangladesh, discussions about
land conflict includes disputes over access to water bodies and inland fisheries,
as about 11 percent of the total population, or over 17 million people are
involved in fisheries for their livelihood, majority of them on seasonal basis
(FAO, 2016).
Also, the historical encroachment into indigenous peoples’ lands in the plains
and the hills has continued unabated, with a major portion of IP lands already
land-grabbed. State-sponsored migrations and plantations (tea, rubber,
horticulture) into the Chittagong Hill Tracts, along with heavy militarization,
have changed the region’s demography, with most of the indigenous peoples
already displaced and with large numbers having fled into neighboring India.
Khas lands.5 As of 2014, the total khas land and water bodies under the
government is over two million hectares, of which only about 24 percent are
agricultural lands. The rest are inland water bodies (24 percent) and nonagricultural land (52 percent) that are located mostly in the Chittagong Hill
Tracts. Yet, only a portion of valuable agricultural khas lands were distributed,
and these often involved the payment of bribes and corruption. Much of
the khas lands supposedly under government custody for distribution to
the landless, have been illegally occupied by rich peasants. Also, only five
percent of the khas water bodies have been leased out to poor fisherfolk,
as 95 percent of khas water bodies have been grabbed by local elites.
The Bangladesh government is also currently custodian of some 850,000
hectares of land under the Vested Property Act, plus some 405,000 hectares
under the Abandoned Property Act (Barkat, 2007). These consist of lands
confiscated by the government from fleeing Hindu families following the
Indian partition of 1947. However, these lands have not been returned to their
rightful owners despite a Supreme Court ruling in 2001.6
5
Khas land refers to government land and water bodies.
The Indian partition in 1947 caused a massive population migration of an estimated 3.3 million people
spilling in both directions on the eastern border between India and Bangladesh (East Pakistan). Bangladesh
instituted a series of laws, known as Vested Property Acts against non-Muslims, allowing the government
to confiscate property of individuals it deemed to be enemies of the State, especially the lands of fleeing
Hindu families. Nearly 750,000 families were dispossessed of agricultural lands. (Barkat et al, 2000: 37-38).
The Act was repealed by the Supreme Court of Bangladesh in 2001, citing that it violated provisions of the
Bangladesh Constitution.
6
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
the political will to recover all ceiling surplus lands, and many landowners
circumvented the law through illegal land transactions and corruption.
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