Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Bangladesh (Ratification: 1972)

The Committee notes the observations of the Trade Union Committee of International Labor Standards (TU-ILS Committee), received on 11 October 2024 and requests the Government to provide its comments thereon.

Article 2 of the Convention. Coordinated and systematic action. Implementation of the Chittagong Hill Tracts Peace Accord, 1997. The Committee previously noted that there were some critical issues regarding the full implementation of the 1997 Chittagong Hill Tracts Peace Accord (CHT Peace Accord), such as the settlement of land disputes, the holding of elections of the Hill District Councils and the Chittagong Hill Tracts Regional Council, and the harmonization of the Chittagong Hill Tracts Regulation, 1900 and related laws with the 1989 Hill District Council Acts. The Committee notes that the Government states, in its report, that it is striving to fully implement the CHT Peace Accord. Out of the 72 clauses of the Peace Accord, 65 have been implemented, 3 have been partially implemented, and are still being implemented. The Government also indicates that addressing the critical issues previously identified may require some time.

The Committee notes the adoption of the Ministry of Chittagong Hill Tracts Affairs’ Notification of 12 January 2025, which provides for the reconstitution of the Agreement Implementation and Monitoring Committee. It observes that the terms of reference include monitoring and supervising the implementation process, coordinating the activities of the relevant stakeholders, and taking the necessary measures to resolve the problems related to the implementation process and, if necessary, to make recommendations to the Government.

The Committee notes that in its statement of 2 December 2022, the United Nations Special Rapporteur on the Rights of Indigenous Peoples underscored that the provision in the Accord to return illegally occupied land and set up a land dispute resolution commission has not been fully implemented; temporary military camps have not been withdrawn; the rehabilitation of indigenous refugees and internally displaced indigenous peoples in their respective lands has not been provided; and the repeated effort over the year to grab indigenous peoples’ land in the name of development, tourism and eco-forest for national and international companies and other vested interests disrespects the Accord.

The Committee urges the Government to take the necessary measures, in collaboration with the communities concerned, to address the challenges impeding the full implementation of the Chittagong Hill Tracts Peace Accord, including the settling of land disputes, and to ensure the full respect of the rights of peoples protected by the Convention, while moving forward with the implementation of the Peace Accord. The Committee requests the Government to provide detailed information on the progress made in this regard and on any outstanding challenges, as well as any recommendations formulated in this regard by the CHT Peace Accord Implementation and Monitoring Committee.

Article 3. Protection of the persons covered by the Convention. The Committee notes the Government’s statement that the situation in the CHT is very peaceful and all groups live in a harmonious environment. The Government also adds that the district administration and district police respond swiftly to reports of women’s abuse, including sexual abuse. The Committee notes that several United Nations Special Procedures mandate holders expressed concerns, on more than one occasion, at “what appears to be an emerging pattern of criminalization and judicial harassment of indigenous community leaders and environmental human rights defenders in the Chittagong Hill Tracts” (AL OTH 56/2025; AL BGD 3/2025). It also notes that, in its 2022 statement, the United Nations Special Rapporteur on the Rights of Indigenous Peoples noted that he has been continuously receiving news and information from different sources about the gross and systematic human rights violations against the indigenous peoples, including members of the Parbatya Chattagram Jana Samhati Samiti who signed the CHT Peace Accord, indigenous human rights defenders and indigenous women and girls. He also expressed concerns at the rise of violence against indigenous women, which is used as a tool to evict indigenous people from their land, and the culture of impunity that prevails.

The Committee notes with deep concern the persisting situation of violence and intimidation affecting the peoples protected by the Convention and their members. The Committee emphasizes that a climate free of violence, fear and threats of any kind is essential to ensuring the full exercise of indigenous and tribal peoples’ rights enshrined in the Convention. The Committee therefore urges the Government to take immediate measures to protect the physical and psychological integrity of indigenous and tribal persons, including of those living in the Chittagong Hill Tracts. The Committee requests the Government to provide information on the measures taken to: (i) address the root causes of violence in the areas inhabited by peoples protected by the Convention; and (ii) investigatethe casesof violence against and criminalization of persons belonging to these peoples, ensure that perpetrators are identified, prosecuted and punished, and provide information in this regard.

Articles 11 to 14. Land rights. The Government reports that it has reconstituted the CHT Land Dispute Resolution Commission and that the draft Chittagong Hill Tracts Land Dispute Resolution Commission Rules, 2016, are currently being reviewed by the Ministry of Land. The Committee also notes that in its observations, the TU-ILS Committee alleges that more than 22 thousand applications have been submitted to the CHT Land Dispute Resolution Commission since its inception, but no land dispute has been resolved to date. The TU-ILS Committee indicates that indigenous peoples in both the CHT and the plains face various human rights violations related to land, including deaths, homes set on fire and attempts to forcibly seize indigenous peoples’ lands. The TU-ILS Committee furthermore refers to displacements of indigenous peoples in both regions due to eco-parks, national parks, sanctuaries, resource extraction, tourist centres, security camps, population transfers and special economic zones. It underscores that access to water and land is a significant issue faced by these peoples, as large land areas are designed by the Government as reserved forest, without any prior notice to indigenous peoples.

The Committee also notes from the report by the United Nations Special Rapporteur on the promotion and protection of human rights in the context of climate change that activities related to climate change mitigation are being implemented on indigenous peoples’ lands without their consent (A/HRC/53/34/Add.1).

The Committee recalls that the Eighth Five-Year Plan July 2020–June 2025 acknowledged that one of the major problems for all minority communities is land grabbing by influential people from the mainstream population, and that policies to protect the land of ethnic people have not been adequate. In light of all the above, the Committee urges the Government to take without further delay the necessary measures to ensure the effective recognition and protection of the rights of the peoples covered by the Convention over the land they have traditionally occupied, both in the Chittagong Hill Tracts and the plains, including by providing the CHT Land Dispute Resolution Commission with adequate resources to fulfil its mandate and by establishing a land commission for communities protected by the Convention in the plains. It also requests the Government to ensure that, as a general rule, no removal of peoples protected by the Convention from their lands occurs without their consent, unless in exceptional circumstances and with the guarantees established in Article 12 of the Convention. The Committee requests the Government to provide information on the number of land disputes addressed and resolved, as well as on the progress made towards the adoption of a land policy as envisaged under the Eighth Five-Year Plan July 2020–June 2025.

Article 15. Recruitment and conditions of work. The Committee notes the Government’s reference to various initiatives that it is implementing to create employment opportunities in the CHT, including: expanding small and cottage industries, trading, poultry and livestock rearing, beekeeping and mushroom cultivation, cultivation of fruits and medicinal plants and non-farm activities; developing infrastructures to eliminate barriers in marketing the local products into national and international markets; strengthening post-harvest storage, value-chain development, processing, packaging, and marketing; and skills development.

The Committee notes the TU-ILS Committee’s observations that indigenous peoples, both from the plain and the CHT, are mainly engaged in the informal economy. The TU-ILS Committee also refers to work in beauty parlours, which is mainly performed by indigenous women, without social security and occupational safety and health protection. Pregnant workers face high rates of miscarriage due to long hours spent standing, with no maternity leave or benefits provided. Moreover, instances of sexual and other forms of harassment are not reported due to fear of stigma and job loss. The TU-ILS Committee notes that labour inspections in beauty parlours are rare and should be increased. The TU-ILS Committee also refers to the poor working conditions endured by indigenous peoples in the tea plantation sector and in factories.

Noting all the above information, the Committee requests the Government to ensure that indigenous and tribal workers enjoy effective labour protection, including if needed by strengthening labour inspections in the sectors where indigenous peoples are mostly employed. The Committee requests the Government to provide information in this respect, as well as on the results achieved through the measures adopted. The Committee also requests the Government to provide information on the concrete outcomes of the various initiatives being undertaken to support income-generating activities in the areas inhabited by the peoples protected by the Convention.

Prospects for the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No.169). The Committee recalls that the Eighth Five-year Plan July 2020–June 2025 contemplates as an area of future action the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). It notes from the observations by the TU-ILS Committee that no progress has been made in this regard. The Committee notes that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group, the Governing Body has decided that Member States for which Convention No. 107 is currently in force should be encouraged to ratify Convention No. 169 which is the most up-to-date instrument in this subject area (GB.352/LILS/3/Decision). The Committee therefore encourages the Government to follow up on the Governing Body’s decision and to continue considering the possibility of ratifying Convention No. 169. The Committee reminds the Government of the possibility of availing itself of the technical assistance and support of the Office in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

[ The Government is asked to reply in full to the present comments in 2027. ]