from their lands and territories, the dependency
of their traditional way of life on land, and their
vulnerability to loss of land.
the ILO committee and the government of
Bangladesh, which is unjust considering that
some 30 ethnic groups live in the lowlands.
As a ratifying country, Bangladesh is supposed
to provide a report on the implementation of
the Convention principles to the ILO supervisory
body. Usually, the reports on the status of the
recognition of IPs’ land rights fall under two broad
categories – CHT and the plain land.
One national law that applies to the plain land
IPs is the State Acquisition and Tenancy Act, 1950
but it only identifies 18 ethnic communities that
can theoretically claim their land rights. There
are many ethnic groups not listed in the Act, thus
there is a need to amend the law to cover all
ethnic groups in the plains.
For CHT, the communication between the ILO
Committee and the government of Bangladesh
covered issues such as the Bengali settlement,
recognition of the IP customary land rights and
management of the land through the IP headed
Hill District Local Government Council, recognition
of the traditional economy of the IPs’ right to
practice shifting cultivation, and their inclusion
and consultation in land-related development
programs.
The issue of the Bengali settlement and the
denial of IP land rights in the CHT is significant
considering that the CHT area covers one-eighth
of the land area of Bangladesh, although only 1%
of the population lives there. The government
of Bangladesh settled in the 1980s almost half
a million Bengali from the plain land, thus the
indigenous peoples have been displaced and
continue to face human rights violations.
The ILO Committee even raised concerns over
government plans to reforest land in the three
hill districts. It strongly recommended that
the government consult with the IPs to take
advantage of their knowledge and experience
and also to address their possible displacement
of IP groups.
Indigenous peoples in the plains have received
far less attention in the communications between
Moreover, the Act does not address the customary
land rights except holding raiyats3 and transfer,
purchase and acquisition of land only. Indeed,
the application of the Act is severely limited and
people are not protected against land alienation.
Therefore, the IPs are demanding a separate
land commission for the plain land indigenous
peoples.
The CHT Accord, meanwhile, is supposed to
safeguard the indigenous peoples’ land rights.
In the accord, the government of Bangladesh
recognized traditional ownership rights and
management of land, provision to resolve land
disputes and the rehabilitation of the India
repatriated refugees and internally displaced
families.
Despite these laws, however, the trend of land
alienation in both the plains and the hills continues
due to the absence of the rule of law and effective
application of relevant Acts. Exacerbating the
situation are government policies such as the
social forestry program that will affect the
Raiyat is a person who “has acquired a right to hold land
directly under the Government mainly for the purpose of
cultivating it by himself or by members of his family or by,
or with the aid of, servants or laborers or with the aid of
partners or bargadars, and includes also the successorsin-interest of persons who have acquired such a right”
(Chancery Law Chronicles, 2011).
3
Lok Niti
17