Hill Voice, 24 November 2024, Special Correspondent:

Hill District Council

The historic Chittagong Hill Tracts (CHT) Accord was signed on 2 December 1997 between the Government of Bangladesh and the Parbatya Chattagram Jana Samhati Samiti (PCJSS) with a view to resolving the CHT problem in political and peaceful means.

Through the provisions of Part ‘B’ and ‘C’ of the CHT Accord, provisions have been made to introduce a special governance system comprising the CHT Regional Council and the Rangamati, Khagrachari and Bandarban Hill District Councils. But since the core issues of the Accord have not been properly implemented, the special governance system has not yet been institutionalized in the CHT.

The previous government claimed that out of the 35 sections related to Hill District Councils in Part ‘B’ of the CHT Accord, 33 sections have been implemented and 1 section has been partially implemented and the implementation of the remaining 2 sections is ongoing. But according to the PCJSS, only 16 sections are actually implemented, 15 sections are unimplemented and remaining 4 sections are partially implemented. Important sections of Part ‘B’ of the Accord on Hill District Councils, which the Government claims to have been ‘implemented’, but which have not actually been implemented, were raised-

Section No. 3 of Part ‘B’ of the Accord relating to the definition of “Non-tribal Permanent Resident” has been included in the three Hill District Council Acts, but has not been executed. Having the section violated, the office order of dated 21/12/2000 that was given by the Ministry of CHT Affairs empowering the Deputy Commissioners with authority for issuing Permanent Resident Certificate alongside the Circle Chiefs. This illegal office order has not been withdrawn despite repeated demand. The Deputy Commissioners have been issuing the Permanent Resident Certificate to those non-tribals who are not residents of CHT.

The section No. 9 of Part ‘B’ of the Accord regarding ‘Eligibility to be Voters and Preparation of Electoral Rolls of Permanent Residents’ has been added to the Hill District Council Acts but has not been implemented. Ministry of CHT Affairs drafted Electoral Roll Rules 2000 for the three hill districts and Election Rules for the Chairman and the Members of Hill District Council in 2000. The CHT Regional Council submitted its recommendations on these laws following Section-53 of the act. However, the rules have not been enacted till date. Though the Section No. 10 of Part ‘B’ of the Accord relating to the “Delimitation of Constituencies” has been included in the Hill District Council Acts, but “Delimitation of Constituencies” has not yet been done. As a result, these three Hill District Councils’ elections were not held in the last 27 years. These Councils are being run undemocratically through unelected interim councils.

“All development programs at national level shall be implemented through the Council by the concerned Ministry/Department/Institution” inserted in Section No. 19 under the Part ‘B’ of the Accord regarding ‘Formulation, Approval and Implementation of Development Projects’ – this part has not been incorporated into the law. On the other hand, the development programs of the three Hill District Councils are implemented subject to the approval of the Ministry of CHT Affairs. Besides, most of the development programs are implemented through the CHT Development Board with the approval of CHT Affairs Ministry by-passing the CHT Regional Council. As a result, the self-regulated development system of hill people to determine and implement their own development through the Hill District councils has not yet been developed.

The government claims that the implementation of Section No. 24 of Part ‘B’ of the Accord regarding ‘Appointment and Transfer of Sub-Inspector and subordinate ranks thereto for the Hill District Police’ is ongoing. Though the provision has been included in the Act, no effective measure has been undertaken to put the authority of provision into effect through the concerned Hill District Council, as per the law. The local police force has not yet been formed with the permanent residents while ensuring preference to the tribal people. On the other hand, as it has been earlier, transfer and other disciplinary actions in the police force have been being exercised directly by the higher authority of police.

It is to be noted that it was decided in the CHT Accord Implementation and Monitoring Committee meeting to transfer the subjects of ‘Police (Local)’ and ‘Preservation and Development of Law and Order’ to the three Hill District Councils through executive order and to form hill district police force. But, instead of executing those decisions, through a directive issued by the APBN Headquarters on 13 April 2022, an initiative was undertaken from the Armed Police Battalion (APBN) Headquarters to deploy APBN in the site of the withdrawn army camp, which depicts direct violation of the Accord.

The government has been claiming that the implementation of Section No. 26 of Part ‘B’ of the Accord regarding restrictions on land settlement, transfer, purchase and sale, leasing and acquisition without the prior approval of the Hill District Council is going on. In fact, the provision has been included in the Acts, but is not being implemented. Till date the subjects and functions have not been transferred to the Hill District Councils.  Till date the said subject and powers have not been transferred to Hill District Councils. The Deputy Commissioners have been practicing the process of mutation, lease and settlement following the CHT Regulation 1900 without the prior approval of the Hill District Councils.

As per provision of 34(a) of Part B of the Accord, the subject ‘Land and Land Management’ falls under jurisdiction of the Hill District Councils. However, the subject has not been handed over to the Hill District Councils as of to-date. Functions of Headman, Chainman, Amin, Surveyor, Kanungo, and Assistant Commissioner (Land) have not been brought under supervision and control of the Hill District Councils.

The Government claims that Section No. 27 of Part ‘B’ of the Accord relating to ‘Collection of Land Development Tax’ has been implemented by enacting it. However, the responsibility of collecting land development tax in the district has not yet been entrusted to the councils. The Deputy Commissioners have been still practicing this power. Hence, the government opinion stating “the provision has been implemented” is not correct.

As per Section No. 33 and 34 of Part ‘B’ of the Accord regarding subjects or functions to be devolved to Hill District Councils, though the relevant subjects or functions have been enshrined in law but not properly implemented. For example, the subjects of Law and Order of the District, Police (local), Land and Land Management, Forest and Environment, Development of Communication System, etc have not yet been handed over to the three Hill District Councils. Apart from this, the issues of Tourism, Secondary Education etc. have been handed over to the Hill District Councils faultily. Therefore, the opinion of the government that these provisions have been fully ‘implemented’ is not correct.

In fact, after the signing of the CHT Accord, two-thirds of the clauses including the core issues of the Accord have not been implemented even in the past 27 years.