Discrepancy between the Bill and the Treaty
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The Bangladesh Government and the Jana Samhati Samiti signed a Peace Treaty on 2 December, 1997 to end the more than two decades' conflict between the Jumma peoples and Bengali Muslims in the Chittagong Hill Tracts (CHT). The governments and top political leaders including other peace loving peoples around the world have welcome the Peace Accord. The Jumma peoples are also no exception of this welcome.

On 12 April, 98 the Law Minister of Bangladesh presented the Bill on the CHT Regional Council and the Bills of Amendment of some Laws on the existing three Hill District Councils in the parliament. But to everybody's utter surprise, the Bangladesh government presented the Bills with a great change resulting the inconsistency with the Peace Agreement.

The inconsistent points made by the government in the Bills are as below:

A. Regional Council (RC) Bill

1. Law Making
In the agreement: (Clause no. 13 under section C) If the government makes any law on the CHT, it shall be in having discussion and in consultation with the Regional Council (RC). If there arises the necessity to amend any such law or to make any new law which may be harmful for development of the 3 Hill Districts or the welfare of the tribals, the Council may file a petition or put recommendation to the government.

In the Bill: (Clause 53) If the government takes initiative on making laws with regard to the Council or Hill Districts, it shall take necessary steps to make laws according to necessity or after having discussion as well as consultation with the concerned Hill District Councils (HDCs).

Comments:
  1. The subject matter for making laws has been changed.
  2. The scope of amendment of the existing law has not been included.

2. Rule Making
Agreement: (Clause no 29 under Section B and Clause 6 under section C) The government having discussion with the Council may, by notification in the official gazette, make rules for carrying out the purposes of these Acts and even after having rules made, the Council shall have special rights to file petition for reconsideration of the said rules.

Bill: (Clause 45, sub-clause 1) The government may, by notification in the official gazette, may make rules for carrying out of the purposes of this Act.

Comments:
  1. The government will not discuss with the Council with respect to making rules.
  2. The Council will have no rights to file petition for reconsideration of the rules made.

3. Regulation Making
Agreement: (Clause 30, sub-clause 1 under section B and clause 6 under section C) The Council shall have the rights to make regulation for carrying out the purposes of the Act keeping inconsistency with the existing laws, rules and regulations. Provided that if the government differs with any parts of the regulation made by the HDCs, then the government shall give advice or instruction for amendment of the said regulation.

Bill: (Clause 46, sub-clause 1 & 5) The Council shall have the rights to make regulation for carrying out the purposes of the Act keeping in consistency with the existing laws, rules and regulations. The government shall have the right to instruct or advise the Council to annul or amend the regulation if it assumes that the regulation made by the Council is inconsistent with the existing laws, rules or against the interest of the public and the Council shall accordingly annul or amend it.

Comment:
  1. The government can annul or amend any regulation at any moment for its own interest.

4. Control Over the Function of the Council
Agreement: (Clause 21 under section B and clause 6 under section C) The government, if deemed necessary, may advise or instruct the Council, in order to ensure functioning of thc Council conformity with the purpose of this Act. If the government is satisfied that anything done or intended to be done by the Council or on behalf of the Council is not conformity with the law or contrary to public interest, the government may seek inforniation and clarification and give advice or instruction to the Council on concerned matters in writing.

Bill: (Clause 40, sub clause 1) The government shall have the rights to advise or order the Council, if deemed necessary, in order to ensure functioning of the Council conformity with the purpose of this Act. If the government is satisfied that anything done or intended to be done by the Council or on behalf of the Council is not conformity with the law or contrary to public interest, the government shall have the rights to seek information and clarification on the matter concerned and advise the Council in case of necessity. The Council shall have to make available of inforniation and clarification or implement the advice.

Comment:
  1. Instead of advice and instruction the government will give order and advice to the Council. So, the government can control the Council easily.
  2. The Council is bound to implement the advice of the government.

5. Employment
Agreement: (Clause 14, sub clause 3 under section B & Clause 6 under section C) There shall be provision that the government in consultation with the Council may, as per regulation, appoint, transfer, suspend, dismiss, remove or inflict any other punishment on the other officers of the Council.

Bill: (Clause 29, sub clause 3) The government shall have the rights to appoint, transfer, suspend, dismiss, remove or inflict any other punishment on the other officers of the Council.

Comment:
  1. The government can deal directly with the employment in the Council.
6. Chief Executive Officer
Agreement: (Clause 7 under section C) There shall be a Chief Executive Officer in the RC equivalent to a Joint Secretary and priority to a tribal candidate shall be given in appointment to this post.

Bill: (Clause 28, sub clause 1) There shall be a Chief Executive Officer in the RC and he/she shall be appointed from among the Joint Secretaries of the government.

Provided that the tribal officer will be given priority to the said post.

The responsibilities of the Chief Executive Officer
  1. He/she shall be to assist and advise thc Chairman in the matter of convening, conducting disposing of agenda of the meeting.
  2. He/she shall be to advise the Council in implementing all activities of the it as per existing laws, rules and regulations.
  3. He/she shall implement the decisions of the Council.

Comment:

  1. The chance of a tribal to be appointed to the Chief Executive officer is less.
  2. The Chief Executive Officer can control over the RC though he/she is the secretary of the Council.

7. Functions of the Council
Agreement: (Clause 9 sub clause 5 under section C) Tribal laws and social justice shall be under the control of the RC.

Bill: (Clause 22, sub clause 5) There shall be provision for coordination by HDCs in mitigating the disputes of social, cultural and tribal affairs in accordance with the tribal practices.

Comment: Tribal laws and social justice under the RC has become meaningless with the provision of laws of the HDCs.

8. Removal of Chairman etc.
Agreement: (Clause 5 under section C) The Chairmen of three Hill District Councils shall be ex-officio members of the Council and they shall have voting rights.

Eligibility and non eligibility of the members of the Council shall be similar to that of the HDCs.

Bill: (Clause 14 sub clause 21) A Chairman or a member shall not be removed from his/her office at any cost, unless a resolution in favor of his/her removal is adopted by at least three-fourths vote of the total number of the members present in the special called session of the council summoned for this purpose as per rule and the resolution is approved by the government.

Comment: The Bill contradicts with the Agreement.

9. General
Agreement: (Clause 1 under section A) Both sides, considering the CHT as Tribal populated region recognised the necessity for protection of the character of this region and for overall development of it.

Bill: (General, First para) As Rangamati, Khagrachari and Bandarban hill Districts are backward tribal populated areas.

Comment: Instead of the CHT, Rangamati, Khagrachari and Bandarban districts have been used. Moreover, "necessity for protection of character of this region" has been deleted which indicates that less importance will be given to the CHT.

10. Co-ordination
Agreement: (Clause 9, sub clause 1 & 3 under section C) The Council shall supervise and co-ordinate the subjects vested under the Hill District Councils including co-operation of all development activities conducted under the three Hill District Councils.

Regional Council may co-ordinate and supervise in the matters of general administration, law and order and development of three Hill District Councils.

Bill: (General) As a part of the Agreement implementation, a Regional Council shall be proper and necessary to be set up for co-ordination of activities of the three Hill District Councils and for completion of other extra curriculum.

Comment: The Council will have no rights to supervise the activities of the HDCs. Subjects of general administration, law and order and development for supervision as well as co-ordination have not been included.

11. Eligibility for Membership
"The provision for producing a certificate by the concerned Circle Chief on the provision of submission of report from the concerned Headmen/Municipality Chairmen/Union Parishad Chairmen for qualifying as a member, whether tribal or non-tribel, in the election of RC" has not been included.

12. Formation of Interim RC
Agreement: (Clause 12 under section C) Until and unless RC is constituted through direct and indirect election, the government may, by constituting an interim RC, entrust the responsibilities of the Council.

Bill: (Clause 54, interim rule, sub-clause 1) According to clause 3 the government shall, by notification in the official gazette, constitute the Council as early as possible. The interim RC shall be constituted with the following members.

  1. Chairman, a tribal
  2. Two members, from Chakma tribal
  3. Two members, from other tribals
  4. Two members, from non tribals

Comment: According to the agreement, the interim RC will be constituted with 22 members. Whereas, in the Bill, total number of members in the interim RC is 7. It is mentionable that, in the dialogue before the Peace Agreement both sides agreed to constitute the interim RC with 22 members.

13. Deployment of Military
Agreement: (Clause 17, sub clause 1 under section D) In case of deterioration of law and order situation, natural calamity and such other works, the army can be deployed under the civil administration like all other parts in the country as per necessary laws and rules. In this case, RC may, according to necessity or time, request the proper authority for the purposes of getting assistance.

Comment: The above mentioned portion of the paragraph has not been included in the bill.

14. Employment of the Tribals
Agreement: (Clause 18, under section D) Permanent residents of CHT, on priority basis to the tribals, shall be appointed to all posts of officers and employees at all levels of government, semi government, council offices and autonomous bodies in the CHT.

Provided that in case of non availability of qualified candidate among the permanent residents of the CHT for a particular post, appointment in that post may be made on deputation from the government for a term of certain period.

Comment: This clause has not becn included in the Bill. Therefore, it seems that the tribals will not be given priority.

15. Appointment of Chairman of the Development Board (DB)
Agreement: (Clause 10, under section C) In case of appointment of the Development Board, competent tribal candidate shall be given priority.

Comment: This portion of the paragraph has not been included in the Bill. It indicates that there is no chance for the tribal to be the chairman of the DB.

16. Tribal Ministry
Agreement: (Clause 19 under section D) A ministry on the Chittagong Hill Tracts Affairs shall be establisbed by appointing a Minister from among the tribals. An advisory council shall be formed to assist this ministry with persons stated below:

  1. Minister on the CHT Affairs
  2. Chairman/representative, RC
  3. Three Chairmen from three HDCs
  4. Three members of Parliament from three districts
  5. Chakma Raja
  6. Bohmong Raja
  7. Mong Raja and
  8. Three members from non-tribal permanent residents nominated by the government from three Hill Districts.
Comment: This clause has not been included in the Bill. Therefore, the existing Tribal Ministry will be abolished at any moment.

B. Hill District Councils (HDCs) Bills

1.Voter List
Agreement: (Clause 9 under section B) The existing section 17 of the HDC Act. shall be replaced with the sentences mentioned as below:

A person shall, under the Act, be eligible to be enrolled in the electoral roll, if

  1. He/she is a citizen of Bangladesh;
  2. His/her age is not less than 18 years;
  3. He/she is not declared mentally unsound by any competent court;
  4. He/she is a permanent resident of Hill District.

Bill: (Clause 11) A person shall be eligible to be enrolled in the electoral roll for Council's election, if he/she satisfies the four conditions mentioned above.

Comment: The words "under the Act' has been replaced by "Council's election".

2. Conduct of Election
Agreement: (Clause 10, under section B) The words "determination of electoral constituency shall be added in the sub section (2) under section 20 of the HDC Act.

Bill: (Clause 22) "(1) determination of election constituency".

Comment: The word "Electoral" has been replaced by "Election".

3. Attendance of Three Circle Chiefs in the Meeting of the HDC
Agreement: (Clause 12 under section B) The words 'Chief of the Mong Circle, Chief of the Chakma Circle and Chief of the Bohmong Circle shall be added.

Bill: (Clause 13) "Khagrachari Mong Chief, Rangamati Chakma Chief and Bandarban Bohmong Chief shall be added.

Comment: "District" has been used instead of "circle". The Bill will be contradictory to the existing boundaries of the districts as the boundaries of the Circles are completely different from those of the districts.

4. Secretary of the HDC
Agreement: (Clause 13 under section B) There shall be provision in the sub section (1) and (2) of section 31 of the HDC Act that there shall be a Chief Executive Officer as Secretary equivalent to a Deputy Secretary in the HDC. Tribal Officers shall be given priority in this post.

Bill: (Clause 14 sub clause 1) An officer equivalent to a Deputy Secretary appointed by the government shall be to work in the HDC. He/she shall be designated as Chief Executive Officer and tribal officer shall given priority in this post.

Comment: The sub clause 2 regarding the secretary of the HDC as mentioned in the agreement has not been omitted. Therefore the power of the secretary (to advise the HDC) remains unchanged.

5. Appointment, Transfer etc.
Agreement: (Clause 14 under section B) There shall be provision in the sub section (3) of section 32 that-
The government in consultation with the HDC may, as per regulation, appoint, transfer, suspend, dismiss, remove or inflict any other punishment on other officers of the HDC.

Bill: (Clause 15 sub clause 3) The government in consultation with the HDC shall appoint officers as per regulation and according to clause 4, sub clause (3), the government shall transfer the said officers and suspend, dismiss, remove or inflict any other punishment on the officers as per regulation.

Comment: Since two sub clauses are separately included in the Bill the advice of the HDC would be effective only in appointing the 1st and 2nd class officers.

6. Development Planning
Agreement: (Clause 19 under section B) In the section 42 the following sub section shall be added-

The HDC with the fund received from the government shall formulate initiate and implement development projects on the subjects transferred and all the development works initiated at the national level shall be implemented by the concerned ministry/department through the HDC.

Bill: (Clause 4) All development projects on any subjects transferred to the HDC initiated at the national level by the government shall be implemented by the concerned ministry/department through the HDC.

Comment: a) Only the projects or department transferred to the HDC have been indicated instead of the development projects on different subjects transferred. b) Only the development projects on the subjects transferred to HDC have bcen indicated instead of all development program at the national level.

7. Control Over the Function of the HDC
Agreement: (Clause 21 under section B) By amendment of rules of sections 50, 51 and 52 the following section shall be made-

"The government if deemed necessary, may advise or instruct the HDC, in order to ensure functioning of the HDC conformity with the purpose of this Act. If the government is satisfied that anything done or intended to be done by the HDC or on behalf of the HDC is not conformity with law or contrary to public interest the government may seek information and clarification and give advice or order to the HDC on concerned matters in writing".

Bill: (Clause 23) The section 50 of the HDC shall be replaced as below-

Control over function of the HDC: "1. The government shall have the rights to order or advise the HDC in case of necessity to ensure conformity of the function of HDC with the purpose of this Act. 2. If the government is satisfied that anything done or intended to be done by the HDC or on behalf of HDC is not conformity with law or contrary to public interest the government may seek information and clarification and give advice or order to the HDC on concerned matters in writing and the HDC shall be to make available information and clarification and implement the order and advice."

Comment: According to the Bill, the HDC is bound to carry out the order or advice of the government. The control over the function of HDC by the government has been strengthened.

8. District Police
A. Agreement: (part of sub clause 1 of clause 24 under section B) The part of sub section (1) of section 62 of the HDC Act shall he "provided that in the matter of such appointment tribals shall be given priority".

Bill: (Clause 27, sub clause 1) The part shall be replaced by the following portion-

"Provided that in the matter of such appointment, priority shall be maintained for tribals of the Hill Districts (Rangamati, Khagrachari, Bandarban)."

Comment: The government tried to modify almost every sentences whether it is important or not.

B. Agreement: (Clause 24 sub clause B) By omission of the words "on the provision of all other laws for the time being in force" placed in the second line of sub section (3) of section 62 of the HDC shall be placed the words "as per rule and regulation".

Bill: (Clause 27 sub clause 2) By omission of the words "on the provision of all other laws for time being in force" placed in the sub section (3), the words, "according to provision of other related laws, with necessary addition" shall be replaced.

Comment: The Bill has been related to provision of other laws.

9. Power to Make Rule
Agreement: (Clause 3O sub clause 1) The following portion shall be added to sub-section 1 under section 68, "Provided that if the government differs with any part of the rule made by the Hill District Council, then the government shall give advice or instruction for amendment of the said rule".

Bill: (Clause 31 snb clause 3) After sub section 2 of the HDC Act, another sub section 3 shall be added. The sub clause 3 shall be "If any rule made is found to be hurtful to the District or objectionable in the opinion of the HDC, it may file a petition to the government stating the reason of its being hurtful or objectionable for the purpose of reconsidering, amending, annulling or relaxing its application and the government, shall, in the light of petition, adopt necessary measures."

Comment: The subject matter for making rules stated in the sub section 2 under section 68 of the HDC Act is not in conformity with that of the Bill. Therefore, the power has been reduced from the HDC. with regard to rules made.

10. Power to make Regulation
Agreement: (Clause 30 sub clause 1) By omission of the words "With the prior approval of the government" placed in the first and second line of the sub section 1 under section 69 and to add the following portion after the words "may" placed in the third line- "Provided that if the government differs with any part of the regulation made by the HDC, then the government shall give advice or instruction for amendment of the said regulation."

Bill: (Clause 32) The words "With the prior approval of tha government" placed in the sub section 1 under section 69 shall be omitted and after subsection 3, the following sub sections shall be added- Sub-section 4 - "If any regulation, under this section, is to be made, amended, annulled, the HDC shall be to send the copy of the order or notification of the regulation made or amended regulation or annulment to the government within 30 days after formulation, amendment or annulment."

Sub-section 5 - "If any regulation is found to be inconsistency with this law or rule or against the public interest, the government shall order the HDC for annulling, amending of the said regulation and accordingly, the HDC shall annul or amend it."

Comment: Instead of advice or instruction for amending the regulation, the government now will give order making the HDC compelled to do so.

Sources:

  1. Jana Samhati Samiti