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Tuesday, May 21, 2013

10 Political Parties demand to remove all impediments in amending the CHT Land Commission Act

Photo: PCJSS press section


On 18 May 2013 the ten parties, namely, Workers’ Party of Bangladesh, Parbatya Chattagram Jana Samhati Samiti (PCJSS), Gonotantri Party, Gono Oikya, Samyabadi Dal, Gono Azadi League, BASAD, Communist Kendra, Gonotantrik Mujdur Party and National Awami League (NAP) organised a roundtable discussion at Dhaka Reporters’ Unity demanding to remove all impediments in order to amend the contradictory provisions of the CHT Land Disputes Resolution Commission Act 2001 as per decisions of inter-ministerial meeting held on 30 July 2012 and 4th and 5th meeting of the CHT Accord Implementation Committee.
The meeting was presided over by president of Workers’ Party of Bangladesh Rashed Khan Menon MP and conducted by leader of the PCJSS Dipayon Khisa. Dr. Asit Baran Roy, joint convenor of Communist Kendra presented a discussion paper. Among others, convenor of Gono Oikya Pankaj Bhattacharya, general secretary of Gonotantri Pary Nurul Rahman Selim, president of Gono Azadi League Alhaz Abdus Samad, general secretary of Bangladesh Adivasi Forum Sanjeeb Drong, teacher of Anthropology Department of Dhaka University Dr. H K S Arefin, leader of BASAD Rezaur Rashid Khan, leader of NAP Ismail Hossain, executive director of Institute of Environment and Development (IED) Numan Ahmad Khan were present as discussant.
It is worth mentioning that on 12 July 2001, just the day before the handing over charge to the Caretaker government, the then Awami League government hurriedly passed the “CHT Land Disputes Resolution Commission Act 2001” in the parliament without taking advice and recommendations from the CHT Regional Council. As a result, the provisions of the Act, which are conflicting to the CHT Accord and appear to be detrimental to the interest of the Jumma people, remained undiscussed and unsolved.
With the grand alliance forming a new government in January 2009, the CHTRC once again sent the recommendations to the government on 7 May 2009 for consideration. After that, a dozen of meetings over the amendment of contradictory provisions of the CHT Land Dispute Resolution Commission Act of 2001 were held at different levels. But as of today, the contravening sections of the Act remain as they were.
On 20 June 2011 Ministry of CHT Affairs (MoCHTA), with the consultation with CHTRC, finalised 13-point amendment proposals of the Act and sent them to Land Ministry for taking necessary initiative to place Cabinet and Parliament for final adoption. Later on, Land Ministry sent these the 13-point amendment proposals twice to the CHT Accord Implementation Committee seeking its opinions and accordingly the CHT Accord Implementation Committee adopted the 13-point proposal for amendment of CHT Land Dispute Resolution Commission Act in its 4th and 5th meetings held on 22 January 2012 and 28 May 2012. Finally, the 13-point amendment proposals were also adopted by the Inter-ministerial Meeting held on 30 July 2012 with the Law Minister in the chair. However, as per the said decisions, the Act is yet to be tabled before Parliament and amended. Even, the minutes/resolution of the Inter-ministerial Meeting held on 30 July 2012 is yet to be prepared.
On the other hand, the Land Ministry officials particularly the Land Secretary Mr. Mokhlesur Rahman and other officials continued opposing the most vulnerable recommendations of 13-point amendment proposals, such as, the Functions of Powers of the Commission [section 6(1)(c)], Quorum of the Commission meeting [section 7(3)], Procedure of resolving land disputes and adoption of decision [7(5)] etc.
Amendable Sections of the Act
Recommendations of CHTRC & MoCHTA
Section 6(1)(c): Any land has been given in settlement in violation of the existing laws of CHT, shall be cancelled and if any lawful owner has been illegally occupied on account of such settlement shall be restored:
Provided that, this sub-section shall not be applicable in case of Reserved Forests, Kaptai Hydroelectricity Project area, Betbunia Earth Satellite Station, state-owned industries and land recorded with the Government or local authorities.
To replace Section 6(1)(c) with: “Any land has been given in settlement in violation of the existing laws, custom and usages of CHT, shall be cancelled and if any lawful owner has been illegally occupied on account of such settlement shall be restored:”
and
to omit “Provided that, this sub-section shall not be applicable in case of Reserved Forests, Kaptai Hydroelectricity Project area, Betbunia Earth Satellite Station, state-owned industries and land recorded with the Government or local authorities.”
Section 7(3): Attendance of the Chairman and another two members on the meeting shall be necessary for maintaining quorum and the Chairman of the commission shall preside over all meetings.
Section 7(3): Attendance of the Chairman and another three members on the meeting shall be necessary for maintaining quorum and the Chairman of the commission shall preside over all meetings.
Section 7(5): Chairman shall take decision on the basis of discussion with other members present on the areas of  its activities along with the matter stated in section 6(1) unanimously and in case decision is not unanimous his decision shall be treated as the decision of the Commission.
Section 7(5): Chairman shall take decision on the basis of discussion with other members present on the areas of its activities along with the matter stated in section 6(1) unanimously and in case decision is not unanimous decision of majority including the chairman shall be treated as the decision of the Commission.

On the face of the opposition of the Land Ministry officials and Armed Forces Division of the Prime Minister’s office, the Law Ministry did not make the minutes of inter-ministerial meeting held on 30 July 2012.  Alternatively, it is learnt that, on 9 April 2013, the Law Ministry chaired by Law Minister organised another meeting with the Land Minister Barrister Rezaul Karim Hira and the Land Secretary Mr. Mokhlesur Rahman in which the State Minister of MoCHTA Mr. Dipankar Talukdar and one Joint Secretary Mr. Basudev Acharya, Dr. Gowher Rizvi (Advisor to the PM on International Affairs) and his personal secretary Mr. Debabrata Chakraborty were present. The Home Minister Dr. Mohiuddin Khan Alamgir, who was involved in the process of signing the CHT Accord of 1997, also was present. In the said meeting, amendment proposals of CHTRC were reviewed again. The Land Secretary Mr. Mokhlesur Rahman placed opinion for modification on few most vulnerable proposals and the said meeting decided to prepare minutes as per opinions of Land Secretary which are against the final decision of the inter-ministerial meeting held on 30 July 2012. It is also learnt that based on this minutes, presently Land Ministry is drafting the Bill for amendment of the CHT Land Dispute Resolution Commission Act 2001.
If the CHT Land Disputes Resolution Commission Act 2001 were amended modifying the most vulnerable issues, such as, the Functions of Powers of the Commission, Quorum of the Commission Meeting, Procedure of resolving land disputes and adoption of decision, it would be more defective and it would create more complication in resolving CHT land disputes.
With this backdrop, the ten parties organised roundtable discussion demanding followings-
(1)   to stop such unilateral and controversial initiatives for amendment of the CHT Land Disputes Resolution Commission Act 2001 as per opinion of officials of Land Ministry including its Secretary and
(2)   to amend the CHT Land Disputes Resolution Commission Act 2001 as per decision of the 4th and 5th meeting of the CHT Accord Implementation Committee and inter-ministerial meeting headed by Law Minister held on 30-07-2012.

Following is the 13 point amendment proposal

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source: PCJSS

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