BAN: Second Chittagong Hill Tracts Rural Development Project

Transcription

1 Indigenous Peoples Plan March 2011 BAN: Second Chittagong Hill Tracts Rural Development Project Prepared by ANZDEC Ltd for the Ministry of Chittagong Hill Tracts Affairs and Asian Development Bank.

2 CURRENCY EQUIVALENTS (as of 16 March 2011) Currency unit taka (Tk) Tk1.00 = $ $1.00 = Tk71.56 ABBREVIATIONS ADB Asian Development Bank ADR alternative dispute resolution AP affected person CHT Chittagong Hill Tracts CHTDF Chittagong Hill Tracts Development Facility CHTRC Chittagong Hill Tracts Regional Council CHTRDP Chittagong Hill Tracts Rural Development Project CI community infrastructure DC deputy commissioner DPMO district project management office GOB Government of Bangladesh GPS global positioning system GRC grievance redress committee HDC hill district council INGO implementing NGO IP indigenous people IPP indigenous peoples plan LARF land acquisition and resettlement framework LCS labor contracting society LGED Local Government Engineering Department MAD micro agribusiness development MIS management information system MOCHTA Ministry of Chittagong Hill Tracts Affairs (i) NOTE In this report, "$" refers to US dollars. This indigenous peoples plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

3 1 CONTENTS Page A. Executive Summary 3 B. Description of the Project 4 C. Social Impact Assessment 5 1. Indigenous Peoples of Bangladesh 5 2. Indigenous People of the Chittagong Hill Tracts 8 3. Social Geography of the CHT: Resettlement, Conflict and the Peace Process10 4. Socio-Economic Survey of the Chittagong Hill Tracts Social Impact Assessment 14 D. Information Disclosure, Consultation and Participation 16 E. Beneficial Measures Prioritization of Small IP Groups in CHTRDP-II 17 F. Mitigation Measures Participatory Village Mapping Measures for Compensation for Customary and Tribal Land Guaranteed in the Land Acquisition and Resettlement Plan 31 G. Capacity Building 32 H. Grievance Redress Mechanism 33 I. Monitoring, Reporting and Evaluation 35 J. Institutional Arrangment 36 K. Budget and Financing 42 Appendices A ILO C107 Indigenous and Tribal Populations Convention, 1957 A-1 B IP-Led NGOs for Potential Recruitment A-8 C UNDP (CHTDF) and Updated Matrix For Selection of Prioritized Upazilas A-21 D Text of 1997 Peace Accord A-24 E CHT/IP Sources A-35 F Report of Consultation Two Day Workshops with Stakeholders, Bandarban, A-39 Khagrachari, and Rangamati, November 2-25, 2010

4 2 List of Tables Table 1: Areas of IP Concentration in Bangladesh... 7 Table 2: IP and Non-IP (NIP) Population in CHT by District, Table 3: IP and Non-IP (NIP) Populations in CHT, Table 4: Ethnic Membership of Hill District Councils (HDCs) Table 5: Approximate Population and Percent by Ethnicities in the CHT Table 6: Initial Indices of IP and Non-IP Vulnerability Ranking Table 7: Ranking of Less Developed Upazilas by, CHTDF 2001 Matrix, Updated by Technical Advisory Consultants (TAC) in Table 8: Matrix - Who lives where in CHT, by Upazilas and by Ethnicities Table 9: Proposed Length of Upazila and Union Roads for the Three CHT Districts, Proposed by CHTRC and LGED Table 10: Connectivity within the Three CHT Districts Table 11: Approximate Proportion of CI Component Budget by Subcomponent and District Table 12: Estimated Budget for IPP for CHTRDP-II List of Figures Figure 1: Distribution of IPs in Bangladesh...7 Figure 2: CHT Population Growth , IPs and NIPs...10 Figure 3: Chakma, Mong and Bohmong Circles of the CHT...19 Figure 4: Smaller IP Groups by Prioritized Less Developed Upazilas in CHT, Overall and by District...25 Figure 5: PVM Map Board of Sapchari, Posted at Village Entrance...31 Figure 6: Grievance Redress Mechanism...34 Figure 7: Property Valuation Advisory Team (PVAT) & Procedure of Determining Valuation 37 Figure 8: Resettlement Organization Chart...40 Figure 9: Tentative IPP Plan Implementation Schedule for Project...41

5 3 A. Executive Summary 1. The Indigenous Peoples Plan (IPP) outlines the principles and methodology to design and implement the Chittagong Hill Tracts Rural Development Project II (CHTRDP-II) in a way that fosters full respect for Indigenous Peoples (IPs ) identity, dignity, human rights, livelihood systems, and cultural uniqueness as defined by the IPs themselves so that they (i) receive culturally appropriate social and economic benefits, (ii) do not suffer adverse impacts as a result of projects, and (iii) can participate actively in projects that affect them. 2. There are four main IP Safeguards components in the CHTRDP-II s IPP: (i) (ii) (iii) (iv) Payment for IP Common Lands to usufruct and legal owners of land (through registration with Headmen) taken for the Project, in particular Upazila and Union, as well as Village Access (Category A and B) Roads, although small village infrastructure is also included, wherever land is required. Participatory Village Mapping (PVM) to delineate boundaries and major land use within villages along CHTRDP-II roads, backed up by a proactive Grievance Redress System to counteract land invasion occasioned by new and upgraded Upazila and Union roads. Such mapping will also be used for watershed management and for heightening village awareness of the need to keep village common forests intact. Ensuring prioritization of IPs in view of their higher poverty status, and monitoring the need to provide targeted assistance to the Small IP Groups in the CHT who are by in large more vulnerable than the larger IP groups, in the case of disproportionate benefit capture. Raising awareness among Government of Bangladesh (GOB) officials working in the CHT (and in the central administration in Dhaka) of IP issues, history, and customs. 3. The IPP provides the foundation for four different types of proactive IP actions to be part of the CHTRDP-II implementation. (i) Land Acquisition and Resettlement Plans (LARPs) prepared during implementation following the social safeguard s Land Acquisition and Resettlement Framework (LARF), adopted under the Loan Agreement, will assure compensation for IP Common Lands for CHTRDP-II subprojects, such as Upazila and Union Roads and small village infrastructure. While the LARPs do not fall directly under this IPP, they guarantee achievement of the first IPP s safeguard component and as such substitute for IPPs guaranteeing fair compensation for IP Common Land. MOCHTA, through the Chittagong Hill Tracts Regional Council (CHTRC) and the Hill District Councils (HDCs), has overall coordination, planning, implementation and financing responsibilities for LARPs under the CHTRDP-II. The CHTRC fully recognizes the importance and complexity of the Project s resettlement programs. Therefore, the CHTRC will appoint a Resettlement Specialist (RS) to the Project Implementation Consultants (PIC) and will, after finalization of the design and prior to commencement of work on Right-Of-Way (RoW), hire an experienced

6 4 Implementing NGO (INGO) for LARP implementation, with clearly defined tasks including establishing an income restoration program. A senior HDC Social Scientist at the rank of Executive Engineer (EE) will be appointed as the Chief Resettlement Officer (CRO) to supervise the implementation work, with the help of HDC, IP-Led NGOs supervised by a nationally recognized INGO with extensive resettlement experience. (ii) (iii) (iv) Participatory Village Mapping (PVM) will be prepared for villages along Upazila and Union Roads built under CHTRDP-I as well as for CHTRDP-II and will be carried out prior to construction of new roads and/or of road upgrading under the Project. PVM will be tied to LARP implementation. Implementation of PVM will be tied to that of LARPs, under the same administrative set up, but IP-Led NGOs with PVM experience will be hired to carry out the village-level fieldwork. Prioritization of smaller IP groups will be mainstreamed into the Project design for selection of Upazila and Union Roads and, similarly, selection of Community Infrastructure (CI). To strengthen further this prioritization, the IPP, through the Office of the Project Director (OPD) and the PIC s RS, with oversight of the Safeguards and Quality Monitoring Cell (SQMC), will monitor this issue and will recommend to ADB a specific grant for smaller IP groups if by year two, benefits are not flowing sufficiently to the smaller IP groups. Any grant considered at that point will be designed based on lessons learned during the early CHTRDP-II implementation. A training program on IPs for GoB officials working in the CHT will be prepared and implemented, overlapping with the ADB s Regional Capacity Development Technical Assistance (RETA) Targeted Capacity Building for Mainstreaming Indigenous Peoples Concerns in Development and the CHTRDP-II s institutional strengthening. The training program focuses on government officials in the key institutions (Planning Commission, Special Affairs Division (SAD), MoCHTA, RC, HDCs and CHTDB), and will include: Key government Line Agencies (e.g. LGED); Traditional Institutions; Local NGOs; Parliamentarians (e.g. Standing Committee on MoCHTA). Training modules are expected to be completed under the RETA by Project implementation and MOCHTA will coordinate with the Bangladesh Public Administration Training Centre (BPATC) to carry out the training under the auspices of the HDCs throughout the life of the Project. B. Description of the Project 4. CHTRDP-II will improve rural livelihoods to reduce poverty and vulnerability amongst the rural population of CHT. More specifically, it will: (i) improve rural infrastructure and sustainable natural resources management and monitoring; (ii) increase rural incomes, including those of remote rural women and disadvantaged groups, through increased economic opportunities and activities; and (iii) support institutional strengthening of MOCHTA, CHTRC and Hill District Councils (HDCs) to plan, implement and monitor sustainable rural development in the three districts of Rangamati, Khagracchari and Banderban. 5. The Project s goal is to reduce incidence of rural poverty in the CHT for which key indicators will be sustained increase in rural incomes and strengthening of CHT specific institutions to undertake their mandated role. The Project impact is increased employment and income generating opportunity for rural communities of the CHT, which will be achieved through

7 5 a range of activities including: (i) improvement of selective rural access (upazila, union and village roads); (ii) small-scale water resources infrastructure (village water supply and irrigation); (iii) watershed management; (iv) market infrastructure; and (v) Micro-Agribusiness Development (MAD). Monitoring indicators for the expected outcomes of the Project will include: (i) measurable increased economic opportunities for rural poor, especially women and vulnerable groups in IP communities; and (ii) improved watershed conditions, especially soil erosion and water conservation that will underpin the investments made in water and land improvement. 6. The Project comprises five components: (i) (ii) (iii) (iv) (v) Institutional Development and Capacity Building; Rural Roads and Markets; Community Infrastructure; Micro-Agribusiness Development; and Project Management. 7. The beneficial, mitigation and capacity building measures for the implementation of this IPP are mainstreamed within these components and are discussed in more detail in Sections E, F and G of this IPP. C. Social Impact Assessment 1. Indigenous Peoples of Bangladesh 8. Bangladesh is by and large religiously, ethnically and linguistically homogeneous. Its population of nearly 160 million (estimated 20101) it is roughly 85 percent Muslim, others mainly Hindu, Buddhist and Christian. More than 99 percent speak Bengali. The overwhelming numbers of people are ethnic Bengalis although they are a mixed group containing Aryan, Dravidian, Mongoloid and other racial traits. Despite the homogeneity of people as a Bengali nation, the CHT comprising the districts of Rangamati, Khagrachhari and Bandarban has a significant number of ethnic minorities (0.45 percent of the total population of Bangladesh) who belong to the mongoloid group and live in a geographically compact area. The CHT is situated in the extreme southeast of Bangladesh, bounded on the north and northeast by the Indian state of Mizoram and Tripura, and on the south and southeast by Myanmar (Burma), and on the east by the district of Chittagong. The area is politically, strategically and economically a vital region, having common borders with both India and Myanmar. 9. The CHT is inhabited by a variety of ethnic groups (the IPs) popularly known in Bangladesh as tribes. Three major tribes are the Chakma, Marma and Tripura. They constitute more than 88 percent of the total number of IPs in the CHT. Other tribes are Tanchangya, Mro, Bawm, Pankhua, Chak, Kheyang, Lushai and Khumi. The Chakmas, including Tanchangyas and Marmas, are Buddhists. The Tripuras are Hindus Hindus, although a substantial number of them have converted into Christianity in the recent decades. Earlier, the Mros were Buddhist and animists, but many now have their own religion. The Bawms, Pankhuas and Lushais are Christians. Overall, the social and political organization, way of life, economy and culture are more closely linked to those of the hill people of Assam and upper Myanmar than to the settled people who occupy the alluvial plains of the Ganges-Brahmaputra delta, which makes up the greater part of Bangladesh. 1 The World Fact Book for Bangladesh:

8 6 10. The term Indigenous People (IP) encompass a generic concept not easily reflected in a single term. Other terms relating to the concept of indigenous peoples include "cultural minorities," "ethnic minorities," "indigenous cultural communities, "tribals," "scheduled tribes," "natives, and "aboriginals. Accepted or preferred terms and definitions vary country by country, by academic discipline, and even by the usage of groups concerned. In Bangladesh, IPs are often referred to as Adibasi, small ethnic groups, ethnic communities, hill people (paharis) and forest people. Adibasis will be referred to as IPs, in line with ADB terminology, throughout the rest of this document. 11. ADB in its Safeguard Policy Statement (2009) defines IPs as a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and teritories; Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and A distinct language, often different from the official language o fthe country or region. 12. According to the Bangladesh Bureau of Statistics (BBS 2004), minority ethnic groups (meaning IP) in Bangladesh constitute about 1.13% of the total population, which is predominantly made of Bengalis, the nation s majority ethnic group. 13. In terms of geographical distribution within Bangladesh, IPs can be grouped into two broad categories (shown in Figure 1): IPs living within or close to forest areas in the plains and IPs living in hills, predominantly in the CHT. 14. Plains Area IPs. Within the plains, there is a high concentration of ethnic groups in Naogaon, Dinajpur Rajshahi, Rangpur and Joypurhat Districts of Rajshahi Division in northwest Bangladesh, constituting about 36 percent of the IP population of the country. There are some six IP groups identified in this part of Bangladesh, but more than half of them are Santals. The IP population constitutes less than four percent of the total population of the respective districts. 15. The hillocks of Sylhet Division may also be included in the Plains Area. IPs here are mostly in Maulavibazar and Hobigonj Districts constituting eight percent Bangladesh s IP communities, with Khasia, Manipuri and Tipra communities less than three percent of the district populations. 16. Mymensingh, Netrokona and Tangail region commonly known as the Madhupur area of Dhaka Division contain about seven percent of the nation s IP population. The majority of these belong to the Garo/Mandi group, less than two percent of the district populations. In addition, a miniscule presence of tribal groups like Rakahain are found in coastal areas of Patuakhali (Barisal Division) and Cox Bazar (Chittagong Division) districts. Similarly miniscule IPs are found in Khulna Division in the largely uninhabited Sundarbans mangrove forest area. 17. Hill Area IPs. About 41 percent of the total IP population of the country lives in three districts of Rangamati, Bandarban and Khagrachari of CHT, as shown in

9 7 Table 1. They constitute about half of the total population of each district. Altogether there are 11 ethnic groups who live in these hill districts; but a vast majority of them belong to Chakma, Marma and Tripura groups. Table 1: Areas of IP Concentration in Bangladesh # Areas of IP Concentration Predominant IPs % National IPs % of District Populations Plains 1 Rajshahi Division, Naogaon, Dinajpur Santal, Munda and Oraon 36 4 Rajshahi, Rangpur & Joypurhat Districts 2 Sylhet Division, Maulavibazar and Hobigonj Khasia, Manipuri, Patro, 8 3 Districts Garo and Tripura 3 Madhupur Area of Dhaka Division Garo/Mandi Patuakhali (Barisal Division) and Cox Rakahain 6 Bazar (Chittagong Division) Districts 5 Khulna Division, in Sundarbans Munda 2 Hills 6 Chittagong Hill Tracts Chakma, Marma & Tripura Total Source: Formulated from Bangladesh Bureau of Statistics (BBS), Historically, IP plains communities have remained at a disadvantaged position due to their geographical, social and political positioning and therefore have been economically marginalized, with low access to education or other social services, and denied access to power. The overall IP literacy rate, for instance, is below 20 percent compared to a national rate of 50 percent (BBS 2004). IP traditional subsistence has been reliant on forests and shifting agriculture (Jhum cultivation). The establishment of rubber plantations, national and eco-forest parks, and other development eroding forestlands have impacted the IP communities. Figure 1: Distribution of IPs in Bangladesh

10 8 19. In recent times, the situation has improved to some extent where constitutional safeguards have been partially provided through either reservations or affirmative action for such groups. Still, their negotiation capacity to benefit equitably from the development activities remains weak compared to the majority Bengalis; and in many parts of the country they are in a continuing struggle for formal recognition their communal and private land ownership as well as their traditional rights to forest resources. Figure 1 provides an overview of IPs of Bangladesh as a whole and of the CHT in particular. 2. Indigenous People of the Chittagong Hill Tracts 20. The CHT is located at southeastern corner of Bangladesh and bordered by Mizoram State of India and the Arakan of Myanmar in the east, Tripura State of India in the north, Chittagong district in the west, and Cox s Bazar district in the south. The CHT area covers approximately 13.3 thousand km 2 of three hill districts (Rangamati about 6.1 thousand km 2, Khagrachari about 2.7 thousand km 2 and Bandarban about 4.5 thousand km 2 ), which indicates about 10 percent of land area in Bangladesh. There are 25 upazilas and 111 unions in three hill districts. Rangamati district comprises 10 upazilas and 48 unions, Khagrachari district 8 upazilas and 34 unions, and Bandarban 7 upazilas and 29 unions. The population of the CHT in was estimated at 1.31 million over all and the districts, Rangamati 514,000; Khagrachari 538,000; and Bandarban 258, There are twelve ethnicities (11 indigenous and Bengalis) living in the CHT. The eleven ethnic multi-lingual minorities are: Bawm, Chak, Chakma, Khyang, Khumi, Lushai, Marma, Mro, Pankhua, Tangchangya, and Tripura. The largest indigenous groups in the CHT are the Chakma, Marma, Tripura, Mru and Tanchangya, and together they make up about 90 percent of the indigenous population of the region. The other indigenous peoples of the CHT are the Bawm, Chak, Khumi, Khyang, Lushai and Pankhua. 2 These smaller groups are, overall, more vulnerable than the large ones. 22. These IP ethnic groups are also crosscut by differences in religious faith and practices. The Buddhists have historically constituted the majority religious group in the CHT, with much smaller numbers of Hindus, Christians, and worshippers of nature. However, none of the Hill peoples are Muslims. 23. The present ethnic and religious composition of the CHT is strikingly different from what it was a century ago. In 1872, the CHT population had been almost entirely Pahari (98%). In comparison, the non-paharis (mostly Bengali) accounted for a minuscule minority (2%). Even up to , the various Pahari groups together accounted for 90 percent of the CHT population, with Bengalis comprising most of the remainder. However, by 1991, the share of all the Hill peoples declined drastically to around half (51.4%) of the CHT population. Correlatively, the share of Bengalis rose dramatically from around 9 percent in to 48.5 percent in 2 Halim, Sadeka; Raja Devasish Roy; Susmita Chakma; and Sudatta Bikash Tanchangya. n.d. Bangladesh: The Interface of Customary and State Laws in Chittagong Hill Tracts. pp p. 50. The linguistic map of the Chittagon hills is extraordinarily complex. Most languages spoken here belong to the large language family known to linguists as Sino-Tibetan. The classification of languages within this family is contested and many individual languages are still very inadequately (or not at all) described in the scholarly literature. According to one classification, Sino-Tibetan languages in the Chittagong hills belong to the Burmic division (Mru, Khumi, Lushai, Pangkhua, Bawm, Sak, Khyeng, Marma) and the Baric division (Kok-Borok (Tripura, Riang/Brong)). The other major language family the in the Chittagong hills is the Indo-European family, represented by Chakma, Taungchengya and Bengali. Schendel, Willem Van; Wolfgang Mey & Aditya Kumar Dewan Chittagong Hill Tracts: Living in a Borderland. Dhaka: University Press Ltd., p. 301.

11 It is evident that the ethnic composition of the CHT has been profoundly transformed during the second half of the twentieth century By 2001, as shown in Table 2, Khagrachari District had about 40 percent of the CHT population of 1,333,000, followed by Rangamati, 38 percent, and Bandarban, with only 22 percent of CHT s population. Forty three percent of CHT IPs are in Rangamati District, 33 percent in Khagrachari and only 24 percent in Bandarban. Non-IPs (NIPs), however, were mostly found in Khagrachari, 45 percent of CHT NIPs. Khagrachari, with large, fallow valleys, has attracted a large Non-IP (NIP) influx and has been the center of many confrontations between IPs and NIPs over land. The next largest NIP populations are found in Rangamati, 34 percent of CHT NIPs, and Bandarban, 21 percent of the CHT NIP population. Note that Bandarban is not only the remotest district of Bangladesh but also is the least populated. 4 District Table 2: IP and Non-IP (NIP) Population in CHT by District, 2001 % % IP NIP Total % Total Khagrachari 192, , , Rangamati 257, , , Bandarban 142, , , Total 592, , ,333, Source: Formulated from Bangladesh Bureau of Statistics (BBS), Note percentages add up top to bottom 25. The IPs as a group (Table 3) were a bare 51 percent of Rangamati District s population and only 44 percent of the total CHT population. IPs are 48 percent of Bandarban District s population. IPs are only 36 percent of Khagrachari District s population. District Table 3: IP and Non-IP (NIP) Populations in CHT, 2001 % % IP NIP Total Khagrachari 192, , , Rangamati 257, , , Bandarban 142, , , Total 592, , ,333, Source: Formulated from Bangladesh Bureau of Statistics (BBS), Note percentages add up left to right 26. It is evident that the ethnic composition of the CHT has been profoundly transformed during the second half of the twentieth century. 5 Trends of IP and non IP population, as defined by ADB and in UNDP Socioeconomic Survey (SES) of 2007, are shown in Figure 2. % 3 Adnan, Shapan Paradoxical Aspects of Poverty and Development: The Case of Ethnic Minority Groups in the Chittagong Hill Tracts of Bangladesh. Paper presented at Sixth ASEAN Inter-University Seminar on Social Development Universiti Sains Malaysia, Penang, July. 4 The three highest peaks of Bangladesh -- Tahjindong (1,280 meters, also known as Bijoy); Mowdok Mual (1,052 m); and Keokradong (1,230 m) -- are located in Bandarban District, as well as Raikhiang Lake, the highest lake in Bangladesh. 5 Adnan, Shapan Paradoxical Aspects of Poverty and Development: The Case of Ethnic Minority Groups in the Chittagong Hill Tracts of Bangladesh. Paper presented at Sixth ASEAN Inter-University Seminar on Social Development Universiti Sains Malaysia, Penang, July.

12 10 Figure 2: CHT Population Growth , IPs and NIPs Source: UNDP DF, UNDP SE 2009, for up to 1991 data points; BBS 2008, for 2001 data points, and extrapolated from UNDP/BBS data using 15 percent increase over previous year for IP and 36 percent increase over previous year for non IP based on previous average growth, for 2010 data point. 3. Social Geography of the CHT: Resettlement, Conflict and the Peace Process 27. Since the 1950s, a series of shocks has disrupted the social, economic and environmental conditions underpinning the survival of these ethnic minority groups and their distinctive cultures. In particular, the region has witnessed continuing natural migration, massive state-sponsored transmigration of settlers from the plains, as well as counter-insurgency operations and ethnic domination backed by the security forces. It is in this context that certain kinds of development interventions have taken place in the region, impacting upon the state of poverty of the Hill peoples. 28. The 1997 Peace Accord is the principal policy document that set outs the Government s strategy for redressing past social injustices, 6 creating productive economic conditions and establishing a tribally responsive administration in the Hill Tracts (see Appendix D for the full text). The main features of the agreement are: 6 Greatest among these is the Kaptai dam flooded an area of 655 square km, inundating ha of cultivable land which was 40 percent of all such land in the CHT. The reservoir submerged 18,000 houses and displaced 100,000 indigenous people, 70 percent of which were Chakma. The dam also submerged the Rangamati town and the palace of the Chakma Raja (king). Kibria, Zakir The Dam at Kaptaimukh in Bangladesh: Proposed Extension Plan and Issues of (Non-) Compliance. Paper Presented to the Dams and Development Project (DDP) Workshop Addressing Existing Dams,, United Nations Environment Programme (UNEP), Nairobi, Kenya. June Another was the state-sponsored transmigration of roughly ,000 settlers from the plains and eviction of hill people during the s, and finally to military occupation that took place during the IP insurgency, ending in Tens of thousands of indigenous peoples were forced to seek shelter in the remoter hill and forest areas, themselves causing pressure on existing inhabitants of those areas and depleting the available resources. The plains land settlers were given between 2.5 acres and 5 acres of land, and support in the forms of rations, which is still being continued today; while the internally displaced are provided with no such assistance. The settlers also gained priority over land with some forest areas in Rangamati being de-reserved for them. Mostly land belonging to indigenous peoples under customary law was taken and given to Bengali settlers. The overall impact of the trans-migration programme upon the ecology and natural resources of the region was hugely destructive, leading to deforestation, over-cultivation, inadequate use of fertilizers, hill-cutting, landslides and soil erosion, and the contamination of rivers, lakes and other aquifers. Halim, Sadeka; Raja Devasish Roy; Susmita Chakma; and Sudatta Bikash Tanchangya. n.d. Bangladesh: The Interface of Customary and State Laws in Chittagong Hill Tracts. pp

13 11 The re-establishment in Bangladesh of tribal refugees who had fled to Tripura State in India during the insurgency war, the restructuring of the local government agencies to allow for an equal representation of the indigenous people, The creation of the CHTRC which includes circle chiefs in its membership, and gives the CHTRC overall responsibility for development in the area, The revision of the composition of the three HDCs which provide for a stronger representation of tribals and women and extends the authority of District Councils to cover land and land management, local police and tribal law and social justice, Extension of the revenue base of the HDCs and an increase their development funds The creation of a Land Commission to resolve the disputed land titles which in part led to the civil unrest; and The establishment of MOCHTA 29. The Peace Accord was formally signed on December 2, 1997 between the Government and the Parbattya Chattagram Jana Sanghanti Samity (PCJSS), although some actions such as the repatriation of refugees had already begun. The following status of the Peace Accord is based on the CHTRDP-I s Indigenous Peoples Development Plan (IPDP), prepared under the ADB s previous IP Policy. It is telling that the status has not improved over the last decade, from 2000, when the IPDP was drafted, to Over a decade on from the Accord signing only a bare start has been made to most of its proscribed actions, and their impact on the lives and livelihoods of the general population has been minimal. Many continue to express frustration that the Peace Accord had not led to an improvement in their prosperity or resolved the outstanding land issues. However, there remains a generally positive attitude that the CHT economic situation would improve if development funds were made available to rebuild the rural infrastructure and provide job opportunities. 31. The CHTRC has been established and its mandate has been legally secured in the Regional Council Act of Although the tribal and gender representation on the CHTRC is specified in the Peace Accord and its Act, its actual membership is to be elected by the elected members of the HDCs. This has not taken place as HDC elections continues, over a decade later the compilation of a new voters list of land owners, which is being delayed by the large number of outstanding disputed land titles. Membership of both the CHTRC and the three HDCs is presently through Government nomination. There has been an inadequate administrative budget provision for the CHTRC and this has restricted staff recruitment and the CHTRC s ability to carry out its development and supervisory functions. 32. The HDCs were constituted along ethnic lines, as shown in Table 4. Table 4: Ethnic Membership of Hill District Councils (HDCs) GENERAL Chairman 1 Tribal General Councilors 30 (20 Tribal And 10 Non-Tribal) Reserved Women Councilors 3 (2 Tribal & 1 Non-Tribal) COMMUNITY WISE CHAIRMAN AND COUNCILORS Chairman (Tribal) 1 Councilors 33 Tribal Women (Reserved) 2 Non-Tribal Woman (Reserved) 1 7 ADB Bangladesh: Chittagong Hill Tracts Rural Development, Indigenous Peoples Development Plan, Supplementary Appendix E, page 1, Document Stage: Final Project Number: 32467, pp. 4-5.

14 12 Non-Tribal 10 Chakma 10 Marma 4 Tanchangya 2 Tripura 1 Lushai 1 Pankhua 1 Source: Rangamati HDC Rangamaati Hill District Council in Brief. Rangamati, p The general amnesty for former tribal combatants has been apparently been satisfactorily executed although there is a small group of tribals who remain vigorously opposed to the Peace Accord. The proposed reduction in army facilities continues, over a decade later, disputed by the PCJSS. No official figures are available from the army or the Government but the PCJSS report that only about 30 army camps out of the estimate 500 camps have been closed down. There continue to be regular newspaper articles on the harassment of tribals by the army and the PCJSS claim that the army is still protecting and promoting the settlement of Bengalis on tribal land. 34. The repatriation of refugees was started in March 1997 and is now said by the Government to be completed. About 12,000 families were re-established in the Khagrachari District by 2000, with each family receiving about 2 acres of land and Tk. 50,000 in cash. However, the Peace Accord clause providing 2 acres for every landless tribal family has not been fulfilled and there is a large number of internally displaced families (up to 50 percent of the total families in several thanas surveyed under CHTRDP-I) who have remained severely disadvantaged. These families have been either eking out an existence in the remote parts of the Reserved Forests or living with relatives and friends. 35. The Land Commission has been established but is yet to become operational. The reasons for its inaction are unclear although there have been frequent changes in the Judge Chairmanship and the post is presently vacant. It is probable that the task of resolving the estimated 6,000 disputed land titles is professionally unattractive and the Government has had real difficulty in finding a willing Chairman to initiate the disputes process. The Peace Accord proposes a concurrent new land survey of the CHT area and this also has yet to begin. 36. MOCHTA has been established and a tribal Minister has been appointed. MOCHTA is based in Dhaka and has no outreach staff in the CHT area. It also has no database on the CHT or any professional social, economic or technical staff. Its activities appear to be confined to general administrative matters arising from the presence of other ministries in the area. 4. Socio-Economic Survey of the Chittagong Hill Tracts 37. This analysis of the poverty situation and the resultant poverty reduction strategy in the CHT is largely based on a Socio-economic Survey (SES) of 60 villages (undertaking during project preparation during August-September 2010), covering all major ethnic communities and some small ethnic communitie living in all the districts and most upazilas of the CHT. For the SES the method of Focussed Group Discussions (FGDs) was used. The SES was supplemented by a Household Survey (HHS) of 6 villages, which had been chosen for subproject feasibility analysis. The HHS was based on a household questionnaire administered to a randomly selected sample in the villages. Besides, material was also drawn from the earlier studies done during the ADB Water Resources Study in 2009 and secondary data from studies of the UNDP (2009), WFP (2006) and some individual researchers.

15 Poverty Incidence: Poverty in the CHT is higher than in the rest of Bangladesh. But within the CHT there are variations based on ethnicity, location, time taken to travel to market and gender. Indigenous peoples have a higher incidence of poverty than Bengalis in the CHT; while among indigenous peoples, those in the valleys are better-off than those in the hills. Interestingly enough the time taken to travel to market is also a factor in the incidence of poverty villages located further away from the market have a higher incidence of poverty than those that are nearer. Finally, poverty also has a gender dimension in the CHT, with women, both among indigenous peoples and Bengalis, being poorer (with poverty being proxied by calories consumed) than men of their own communities. 39. The differences in housing between locations and ethnic communities are much less than in poverty incidence more than 90%of CHT households have thatched roof houses, There is, however, an ethnic dimension in access to grid electricity, with Bengalis having greater such access than the IPs. This could be due to their generally residing much closer to main roads. As would be expected, access to grid electricity goes down as one moves from valley to hill and as one moves away from the roads and markets. On the other hand, one should note that a fair number (6%) of surveyed households had solar panels. Access to improved drinking water sources is higher in the valleys than in the hills, as is to be expected. The incidence of some kind of latrine is quite high, showing that the habit of using latrines has spread quite far in the CHT. 40. Distribution of assets, again, shows less variation than the incidence of poverty. Notable is the spread of mobile phones across all communities and locations. 41. Some of the characteristics of very poor households were thought by villagers to be: landlessness; head of the household with education less than school; having only jhum land; and living far from the road in descending order of importance in villages. 42. Structure of Livelihoods: Poverty incidence and well-being outcomes are very much related to livelihood structures and their variation across space, community and time. Broadly there are two livelihood structures in the CHT those of hill-dwellers and those of valleydwellers. 43. The main agriculture of valley-dwellers is plough (wet rice and vegetable) cultivation in valleys, with the recent development of timber and fruit plantations, and jhum as secondary, often in the process of being transformed into plantations. The main agriculture of hill-dwellers is hoe agriculture, or jhum on hill slopes, with the recent development of fruit plantations, timber, and some plough cultivation. There are, of course, processes of learning and transformation. The Tripura, for instance, have taken more to plough cultivation than other upland dwellers; while the Chakma are very much into timber and horticulture plantation on the hills. Along with that, some of the Chakma, displaced originally by the Kaptai Dam, and often, after that, losing low-land to Bengali settlers, have taken to jhum cultivation on slopes. But, overall, there still is a substantial correspondence between types of cultivation and the two groups of indigenous peoples in the CHT. The Bengalis are largely valley-dwellers with a greater proportion of those in trading and various types of employment than the IPs. 44. Given the structure of livelihoods, what has been changing and what are the key forces behind the changes? The major negative change in livelihoods in the valleys was the decline in importance of jhum in both valleys and, surprisingly, in the hills. This may not mean that jhum has diminished in the upland farming system; rather, that it is not a growing part of the upland

16 14 economy. Observation in different upland villages bears this out jhum is not what is growing. Other parts of the upland farming system are the ones that are growing. 45. The major increases are in plough rice, turmeric, fruits, fishery, and timber. But the biggest change is in the importance of wage labour. This shows the possible rapid growth of landlessness; but it definitely shows that with increasing importance of plough rice and vegetables, there is a creation of a lot of wage employment. 46. As would be expected, livelihoods have changed more in the valleys than in the hills. The difference in the importance of particular livelihoods is particularly marked between villages close to and far from the market. Beyond two hours away from the market, ginger and turmeric, which are not perishable, are the main cash crops. Tobacco, similarly non-perishable compared to, say, fruit is a recent entrant in these areas. 47. A case study of Mongopara village, Bandarban district, a village that is more than five hours walk away from the market, showed that after basic food needs have been met, production for the market is essential to increase income and consumption of goods and services that are not locally produced. Consequently, reducing the time to the market, which essentially means a road network that allows vehicular traffic, is critical to go beyond subsistence production. 48. An improved road network also has the effect of increasing competition among buyers in product markets. Besides roads another factor in building more competitive markets is information. The already noted wide spread of mobile phones in the CHT has substantially reduced the cost of acquiring market information and thus reduced information asymmetry in the market, which is a source of buyers strength in thin markets. And, of course, an improved road network would mean a reduction in transport costs. 49. Contrary to the usual impression, the SES showed that credit, either from NGOs or even from banks, has spread quite widely in the CHT, and among both hill and valley dwellers. Bengalis, on the other hand, have greater access to institutional credit than the other communities. 50. The SES showed a not-usually-noted extent of innovation in CHT farming practices. HYV seeds are widely used not just in wet plough cultivation, but also in jhum. Herbicide too is used quite widely, even in jhum plots, though less than HYV seeds. Weeding is by far the most labour intensive part of jhum cultivation and it is performed by women. There are clear attempts by households to reduce the time women spend in weeding. 5. Social Impact Assessment 51. Approach to Poverty Reduction and Rural Development: Before delineating the main project impacts and resulting poverty reduction and social strategy for the CHT, two points are highlighted.. The first is that people in the CHT, including various indigenous communities, have changed aspirations with regard to education, medical services, and the like. These aspirations require higher income and a shift from a basically subsistence economy to one of accumulation. The second point is that the higher income and the shift to accumulation cannot come about through a mere increase in scale of existing activities of households. As it can be expressed, rather than stepping up, or doing more of the same, such as jhum, what is required is stepping out or taking up new livelihood activities, such as high value horticulture, dedicated commercial production of vegetables, and so on.

17 Two requirements for rural development, specific to the CHT, are: improved access to markets and security of tenure. Access to markets and the outside world is clearly a major constraint in the development and transformation of production. Those near urban markets have developed market-oriented cultivation of vegetables and fruits; while those just a kilometer away from the main road are unable to use market opportunities to the same extent. This underlines the importance of not just main roads, but also access roads, connecting villages with main roads, to foster development of upland dwellers who are largely jhum cultivators. 53. At the same time, an important constraint in benefiting from improved access is absence of security of land tenure those whose tenure is not under threat have the confidence to undertake medium-term and longer-term investments in, say, horticultural production for the market. The threat may come not only from settlers, who, however, are not very interested in cultivating in uplands, or, even more, from claims that village common forests are unclassed state forests or khas lands. There have been reports of military personnel cutting down saplings and telling upland farmers that they could grow only annual crops and not fruit trees on such lands. Such an annual crop approach only strengthens soil-depleting land uses. Consequently, it is crucial to settle questions of land tenure, including that of village common forests often claimed as government khas lands. The SES was positive in showing that most of the 60 villages surveyed did not consider that there was a serious threat to their tenure. It is important to sustain that confidence, and not allow it to dissipate once roads are built and the value of land increases. 54. As noted earlier, in all indigenous as well as Bengali communities, there are serious issues of gender inequality. These not only affect women s well-being, and therefore by themselves affect the community s level of development, they also constrain women s agency 8 and, in that manner, further constrain every community s development capabilities. Enhancing women s agency requires concerted action in supporting their economic activities, and promoting their management of community-based activities, such as household water supply systems, which would also reduce the burden of housework and enable women to participate in income-generating activities. 55. In light of the potential social impacts, the following poverty reduction and social strategy has been integrated into the design of CHTRDP-II. Improve rural access, which can result in: (i) production and marketing of more and higher value crops, livestock and poultry; (ii) reduced transport costs to market; (iii) better prices for produce, with increased competition in the buyers market; and (iv) easier access to markets, health centers, emergency medical care, schools, etc. In valleys, improved access combined with small-scale irrigation will increase cropping intensity, along with increased production of HYV rice and commercial cultivation of vegetables. Improved access and marketing in the hills will enable a transition from subsistence economy with an increase in higher-value horticulture and other commercial cultivation. Concentrate improved rural access and overall project efforts in the districts and areas that are poorly connected. Along with that, villages around main roads will be connected to main roads, through village access roads and paved paths. Pay particular attention to promoting development among the more disadvantaged uphill dwelling, swidden cultivators. Safeguard against likely negative impacts including the risk of losing long-term benefits to communities initially intended to gain from development project interventions. This is 8 Agency in this context means the state of being in action or of exerting power.

18 16 particularly important in the absence of tenurial security, for both individual and community land, and highlights the need for better safeguarding proposed investments to be made in the area Enable rural communities to develop potential and skills in rural development and livelihood improvement, through involvement in the planning, development, operation and maintenance activities of subprojects, while paying attention to promoting women s roles in community and household management. In order to maximize the benefits of improved access, couple these investments with other rural infrastructure, such as irrigation, water supply and market infrastructure or other infrastructure chosen by villages. Promote security of land tenure, which is a critical requirement for farmers to have the confidence to undertake medium-term and longer-term investments in higher value, horticultural, HYV rice, vegetables or other commercial production, suited to the agroecological conditions of the CHT. 56. Poverty reduction will take place through the increase in both net incomes from farmers production and the increased returns from this production, in agricultural employment and the reduction of gender inequalities. D. Information Disclosure, Consultation and Participation 57. Consultation and communication with APs and other stakeholders during the preparation stage of the subprojects will be an integral part of gathering relevant data for impact assessment, and facilities and development of appropriate options for resettlement of APs. The IPP (as well as the LARF) has been disclosed to the affected community in Bangla in Workshops in each of the three CHT Districts to obtain the views of APs and other stakeholders on the compensation and resettlement provisions as per Government laws and ADB guidelines, in Bandarban November 2-3; Khagrachari November 10-11, and Rangamati November 24-25, 2010 (See Appendix F for Workshop summaries and attendance). 9 Further, the IPP will be available at HDC offices, and on the Project (English and Bangla) and ADB (in English) websites. As appropriate, the contribution of APs and beneficiary groups will be included in the subproject/district IPPs. 58. Various resettlement committees will be formed and activated during implementation and the monitoring and evaluation of the LARPs, including compensation for IP Common Lands. A Grievance Redress Committee (GRC) will assess compensation and resettlement grievances; and a Resettlement Advisory Committee (RAC) assist in ensuring the smooth LARPs implementation and will include APs and local government representatives, teachers, religious leaders such as imams and priests, knowledgeable persons, women s group representatives, and headmen. The GRC as well as the Joint Verification Team (JVT) and the PVAT will be formed through gazette notification by the Ministry of Chittagong Hill Tract Affairs (MOCHTA) and activated during the land acquisition process to allow APs sufficient time to lodge complaints and safeguard their interests. The GRC will become institutionalized to deal with land encroachment issues, with support from the Circle Chiefs and HDCs The LARPs, and the IPP will be summarized in a Bangla language information booklet and disclosed to the APs. The LARPs will be disclosed after the Cut-Off Date has been established. In addition, The LARPs will be explained to the APs in group discussions, personal 9 The Workshops presented the draft LARF and also IPP, proposed Institutional Strengthening, and a Project Description of the CHTRDP-II.

19 17 contact and community level meetings. The LARPs, as well as the LARF and the IPP will be published on the ADB s website after the ADB s approval. 60. Cooperation from all concerned local institutions and organizations such as NGOs, women s groups and Community Based Organizations (CBOs) will be sought for functioning of the RP and IPP implementation, and experienced NGOs will be hired, as the implementing NGO (INGO) for RP implementation and for PVM and preparation of district IPPs. E. Beneficial Measures 1. Prioritization of Small IP Groups in CHTRDP-II 61. Prioritization of smaller IP groups will be mainstreamed into the Project design for selection of Upazila and Union Roads and, similarly, selection of Community Infrastructure (CI). To strengthen further this prioritization, the IPP will monitor this issue and will consider a specific grant for smaller IP groups if by year two, benefits are not flowing sufficiently to the smaller IP groups. Any grant considered at that point will be designed based on lessons learned during the early CHTRDP-II implementation. 62. In Khagrachari, where there are no small IP groups, but the large IP groups are particularly likely to be impacted due to the large influx of Low Landers attracted by the district s large valleys, other criteria will be developed, inclusive of Khagrachari s vulnerable upazilas, to identify the most likely impacted IP communities, including those who have experienced loss of land due to incursions of outsiders, those who have during the post-conflict period returned from India, and those within RFs, who need social infrastructure such as schools Distribution of Smaller IP Groups in the CHT: By 2001, Khagrachari District had about 40 percent of the CHT population of 1,333,000, followed by Rangamati, 38 percent, and Bandarban, with only 22 percent of CHT s population. Non-IPs in the CHT was mostly found in Khagrachari, 45 percent of CHT NIPs. Khagrachari, with large, fallow valleys, has attracted a large Non-IP (NIP) influx and has been the center of many confrontations between IPs and NIPs over land. Therefore, while smaller IP groups should be prioritized in Bandarban and Rangmati, where they are found in many if not most of the Upazilas, in Khagrachari it is the larger IP groups, the Chakma, Marma and Tripura, who are likely to be the most vulnerable to NIP encroachment on their IP Common lands. 64. The 2010 PPTA SES, recommended, inter alia, that since tenurial security is critical to maximizing investments and thus returns from infrastructure interventions, subprojects should seek clearance from the HDC of tenurial issues in the area of the subproject before construction is taken up. Another recommendation was that, given that the IPs, on the whole, have a lower per capita income, that the settler Bengali community benefits from its well-established links with political and administrative structures and is given substantial subsidies (free rations) by the government, 11 and given that the Peace Accord, specifically notes the need to build ways of developing IPs, subprojects should be largely targeted at benefiting IPs. This particulary applies to the smaller IP groups, which was repeatedly mentioned by stakeholders including, inte alia, both larger and smaller IP groups, Circle Chief representatives and the CHTDF, especially in Bandarban and Rangamati districts, as confirmed in Appendix F: Report of Consultation Two 10 Recent changes in GoB education policy have allowed establishment of community schools within the RFs. 11 The NIP Settlers, reportedly have been given 80 kilos per ration card per month over the last 25 years and therefore have, in effect, surplus funds for other investments beyond basic food.

20 18 Day Workshops with Stakeholders, Bandarban, Kagraichari, and Rangamati, November 2-25, Variable Resliency between Larger and Smaller IP Groups in the CHT: In the CHT, there is a wide range of likely unintended exposure to negative impacts of development interventions among the IPs. The dominant Chakma, Marma and Tripura have a long history of established proto-states stretching back to the Moghul period and beyond and still reflected in a traditional tribal political system in the CHT, consisting of a three-tier structure, the circle, mouza and para (village) under three tribal chiefs: 1) Chakma, 2) Mong and 3) Bohmong, roughly indicated in the following CHT Circle map below (Error! Not a valid bookmark self-reference.). Marmas are found in all districts of the CHT, but the majority live in the Mong and Bohmong Circles. The majority of Chakmas live in the Chakma Circle, roughly corresponding to Rangamati District. 12 Tripuras have mostly settled in the northern region of the Mong circle (Khagrachhari District) but have scattered settlements in the Chakma and Bohmong Circles. 66. While the Chakma were the most impacted by the building of the Kaptai Dam, they nevertheless remain a dominant force among the CHT hill tribes, and the Marma and Tripura similarly have, relatively speaking, a greater resilience to development interventions and a greater capacity to take advantage of them. As the IPs themselves will be the primary beneficiaries of the project, it is expected that these three groups, who are already in close contact with lowland settlers, may possibly gain the most benefits from the project. Some of the smaller IP groups, particularly those in more remote upland areas and who have long solely relied on jhum cultivation for their subsistence may be inadvertently impacted by development interventions, such as new roads allowing greater access to their localities by lowland settlers looking for new lands. 12 Tanchangya are a subtribe of the Chakma, sometimes listed in census as separate tribe. They are found in Kaptai, Bilaichari and Rajasthali thanas of Rangamati District and a few in Bandarban District, as well as in a few hilltop villages in southern part of Subalong Hills.

21 19 Figure 3: Chakma, Mong and Bohmong Circles of the CHT Source: From: Barua, B.P Ethnicity and National Integration in Bangladesh: A Study of the Chittagong Hill Tracts. New Delhi: Har Anand Publications, July 30. Also informally from the office of the Chakma Circle Chief, Raja Devashish Roy. 67. Although the Chakma suffered the most from physical acts of violence, they were better organized and more highly educated than the other indigenous peoples. However, members of the numerically smaller and largely rural-dwelling indigenous peoples suffered at least equally badly due to the decrease of the available common lands, since their dependence upon swidden agriculture and forest or grazing commons was far higher. As a representative of the numerically small Chak people recently told a meeting of social and cultural leaders of the CHT, We are so small in number that we have no say in electoral politics and little influence at other fora, and therefore our struggle to protect our language and culture is not being able to achieve much. We greatly fear extinction and assimilation.

22 In the special administrative system of the CHT (including the karbaris, headmen, chiefs, district and regional councils), indigenous people have a substantive level of participation in resource management in mouza circles or USF areas, but indigenous representation in the aforesaid institutions is not uniform. Many of the smaller ethnic groups have complained of nonrepresentation or inadequate representation in the CHT governance system although their actual and positive role in natural resource management is quite substantive. Given the structure of the CHT institutions, and the structure of the interim district councils (some ethnic groups excluded), such under-representation cannot be denied. 69. Table 5 indicates the size of IP and non-ip groups in the CHT. Table 5: Approximate Population and Percent by Ethnicities in the CHT Ethnic Groups Population % Bengali 473, Chakma 239, Marma 142, Tripura 61, Subtotal 442, CHTRDP-II Prioritized Small IP Groups Mro 22, Tanchangya 19, Bawm 7, Pangkhua 3, Chak 2, Khyang 1, Khumi 1, Lushai Subtotal 57, Total 973, Source: Adapted from Human Development Research Centre (HDRC) Socio-Economic Baseline Survey of Chittagong Hill Tracts, Prepared for Chittagong Hill Tracts Development Facility (CHTDF): A project financed by the European Union. April Table 6 below, (derived from Barua 2007) provides some indication of the level of vulnerability of the different CHT IP groups. The table provides a snapshot portrait of the CHT IP and Non-IP groups. 13 Table 6: Initial Indices of IP and Non-IP Vulnerability Ranking # IP Groups 1991 Population % Religion Indices for Vulnerability Ranking Dominant, Larger IP Groups in CHT 1 Chakma 239, Theravada Buddhism Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. Were disproportionately impacted by Kaptai reservoir dislocation in the early 1960s. Chiefs were assimilated into the Mughal administration as jagirdars (feifholders) and also as zamindars (landlords) in the plains. Claim descent from Kshatriya caste of which Gautama the Buddha was born. At top of the hierarchy, a raja (king) was created in the 17 th century, achieving 13 Barua, B.P Ethnicity and National Integration in Bangladesh: A Study of the Chittagong Hill Tracts. New Delhi: Har Anand Publications, July 30. Also adapted from Human Development Research Centre (HDRC) Socio-Economic Baseline Survey of Chittagong Hill Tracts, Prepared for Chittagong Hill Tracts Development Facility (CHTDF): A project financed by the European Union. April 08. Note that figures in Table 8 above differ somewhat, as they derive from different sources.

23 21 # IP Groups 1991 Population 2 Tanchangya 19, Theravada Buddhism 3 Marma 142, Buddhism influenced by animism 4 Tripuras 61, Hindu Christianity % Religion Indices for Vulnerability Ranking ascendancy of traditional kinship groups. Chakmas have been influenced by the relatively advanced Bengali society more than any other CHT tribal group. There is an emergent middle class containing different professional groups such as doctors, engineers, teachers and civil servants. The majority live in the Chakma Circle, roughly corresponding to Rangamati District. A subtribe of the Chakma, sometimes listed in census as separate tribe. Found in Kaptai, Bilaichari and Rajasthali thanas of Rangamati District and a few in Bandarban District. A few hilltop villages in southern part of Subalong Hills. 14 Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. Are found in all districts of the CHT, but the majority live in the Mong and Bohmong Circles, roughly corresponding to Khagrachhari and Bandarban Districts. There are two major Marma groups, those under the Mong Circle under the Mong raja residing in the northern portion of Khagrachhari District whose residence is in Manikchhari. The southern group s Bohmong chief resides in Bandarban. These rajas were established as tax collectors for the Mughal, East India Company and British administrations. Originating from Myanmar, the Marmas continue to regard Myanmar as the center of their cultural life, with children often learning the Arakanese language. As with the Chakmas, there is an emerging middle class. Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. Tripuras profess a form of Hinduism and observe many Hindu rites and ceremonies as well as animistic rites. They claim caste Hindu status and have personal names of Bengali Hindu origin. As with the Chakma and Marma, there is an emerging middle class. Three Tripura subtribes are the Murung, Uchai and Riang, who are sometimes classified as separate tribes. Tripuras have mostly settled in the northern region of the Mong circle (Khagrachhari District) but have scattered settlements in the Chakma and Bohmong Circles. Murungs live mainly in the hills along the Sangu and Matamuhuri Valleys in the Bandarban District. Uchais live in Bandarban District and some have converted to Christianity or Buddhism. Rings are found in the Barkal thana of Rangamati District. Smaller IP Groups in CHT 5 Bawm 6, Christian Ridge top tribe generally reliant on jhum cultivation, though also engaged in gardening and trade. Bawms are thought to be an integration of Mro, Khumi and Marma ethnic groups and are concentrated in Ruma thana of Bandarban District, with a few settlements in Rangamati and Khagrachhari Districts. Compared to all other CHT IPs, the Bawms are considered well-to-do, with 67 percent literacy and a standard of living the highest among CHT IPs. They grow orange, pineapple, banana and jack fruit as cash crops and maintain shops and other enterprises. Most of the luxury goods finding their way into CHT markets are in their hands. They early adopted Christian norms and a rank-stratified society devoted to the accumulation of goods, particularly luxury ones. 6 Lushai Christian Ridge top tribe generally reliant on jhum cultivation. The Lushai migrated from the Lushai (now Mizo) Hills in India, where most of them continue to live. The majority live in the Sajek Valley in the northeast of Rangamati District (Chakma Circle). Before the 1892 British conquest of the Lushai Hills, they were known as fierce headhunters. Compared to other small CHT IP groups, the Lushai are educationally and culturally more advance and have generally adopted Western dress. They rely on jhum cultivation but also grow good quality oranges, mango, banana, jackfruit and sugarcane. 7 Mro 22, Crammadi, Buddhism, Christianity Ridge top tribe generally reliant on jhum cultivation. Mro are the most ancient and perhaps the aboriginal tribe of the CHT. The majority live on the hill tops and in the jungle valleys to the west of the Sangu River in the Bohmong Circle (Bandarban District). Their social system is distinct from other IPs in the CHT, with a uniform 14 The Doigent are a second subtribe of the Chakma who live in the Akyab District of Arakan area of Myanmar. They speak the Chakma language.

24 22 # IP Groups 1991 Population % Religion Indices for Vulnerability Ranking style of house, dress, food, customs and manners unaffected by outside influences. Many maintain a primitive way of life including a joint family residence and a cow stabbing ceremony in December and January reminiscent of similar rituals found in the Vietnamese highlands (among, for instance the Jarai), 15 with very little contact with outsiders. While many are poor and illiterate, their society is thoroughly egalitarian. Some have lately become Buddhist or Christian and others have adopted a new religion of their own making called Crammadi. Some have recently adopted plough cultivation and are engaged in in selling agricultural products and in the timber business. 8 Pankhua 3, Christian Ridge top tribe generally reliant on jhum cultivation. Pankhua reside in Barkal and Jhurchari thanas of Rangamati District. Other information on their relative status visa vis other IP groups in the CHT will be derived from the 2009 UNDP socioeconomic study during the course of the TA. 9 Chak 2, Buddhist Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. The Chak are mainly in Bandarban District. While they practice both jhum and plough cultivation but are poor and have no experience in trade and business. Some have taken up primary school teaching and a few are studying in colleges and universities. 10 Kheyang 1, Buddhist, Christian 11 Khumi 1, Krama, Christian Bengalis Old Bengalis Settlers 500, % Streamside, or valley tribe engaging in plough culture besides jhum and occasional fruit gardening. The Kheyang live in Rajasthali thana and near Chandragona in Kaptai thana of Rangamati District and also on the top of hills in the Chemri mouza between the Sangu and Karnaphuli rivers in Bandarban District. They also live in Myanmar. They have been a nomadic tribe recently living in houses, living mainly on jhum. They are very much backward with respect to education. Ridge top tribe generally reliant on jhum cultivation. The Kumi are mostly in Ruma and Thanchi thanas of the Bohmong Circle (Bandarban District) and owe allegiance to the Bohmong chief. The Khumis are very poor and backward in education. They are nomadic in nature and main practice jhum. Their name is thought to come from an Arakanese word reflecting their dog eating propensities. These Bengalis have resided in the CHT prior to the official GoB transmigration program initiated in the late 1970s. Many have received land through the traditional CTP IP institutions under the 1900 regulations and have been more or less better integrated with the IP communities than the later Bengali settlers. Brought to the CHT in the late 1970 through 1980s under a non publicized GoB transmigration program. Settled on IP Common Land and supported to the present with free monthly food rations. After the Peace Accord, land issues between this group and IPs divested of their land during the transmigration program was to be settled through a Land Commission. 71. Distribution of Smaller IP Groups by District and More and Less Developed Upazilas: The Upazilas have been prioritized according to a vulnerability matrix developed by the UNDP/CHTDF, as shown below in Table This is a personal observation of the TA s IP Specialist based on field work in the Vietnamese Central Highlands. 16 Ranking of upazilas the project utilizes the ranking prepared by UNDP, WFP, UNICEF, and other agencies, which has been used in the ongoing UNDP project. See Appendix D for the original 2001 Less Developed Upazila Matrix and for the updated 2010 Matrix on which the mapping was based.

25 23 Table 7: Ranking of Less Developed Upazilas by, CHTDF 2001 Matrix, Updated by Technical Advisory Consultants (TAC) in 2010 S. No. District Upazila Rank Across Districts 1 Khagrachari Laxmichari 1 3 Dighinala 3 4 Rangamati Baghaichhari 2 5 Belaichari 3 6 Langadu 4 7 Barkal 4 Jurachari 4 8 Bandarban Thanchi 1 9 Rowangchari 2 10 Ruma 2 11 Naikhyangchari The following table for the CHT (Table 8) and maps of CHT and of its three districts, Khagrachari, Rangamati, and Bandarban indicate the presence of the small IP groups according to Upazila. The Bengali and the three larger IP groups, the Chakma, Marma, and Tripura, are found in all Upazilas within the CHT, with the exception of Naikhongchhari and Langadu Upazilas for the Tripura. 73. Note that the smaller IP groups are primarily in Bandarban and to a lesser extent in Rangamati Upazilas. Katrachari has no smaller IP groups, although it does have less developed upazilas. Rangamati, while it has smaller IP groups, but has lower ranked less developed upazilas than Khagrachari and Bandarban. Clearly, from the standpoint of smaller IP groups and also for more less developed Upazilas, Bandarban District has the highest priority, followed by Rangamati District. Figure 4 below, maps of Smaller IP Group distribution in the CHT as a whole and by district and upazila clearly illustrates that these smaller IP groups are in Bandarban District, and in the sourthern part of Rangamati District.

26 24 Table 8: Matrix - Who lives where in CHT, by Upazilas and by Ethnicities # UPAZILA Bengali IP GROUPS Chakamas Marmas Tripuras SMALLER IP GROUPS Mro Tanchang ya Bawm Pangkhua Chak Khyang Khumi Lushai 1 KHAGRACHHARI Dighinala Khagrachhari Sadar Lakshmichhari Mahalchhari Manikchhari Matiranga Panchhari Ramgarh RANGAMATI Baghaichhari Barkal Belaichhari Juraichhari Kaptai Kawakhali Langadu Naniarchar Rajasthali Rangamati Sadar BANDARBAN Alikadam Bandarban Sadar Lama Naikhongchhari Rowangchhari Ruma Thanchi Source: Adapted from HDRC Socio-Economic Baseline Survey of Chittagong Hill Tracts. Dhaka: CHTDF.

27 25 Figure 4: Smaller IP Groups by Prioritized Less Developed Upazilas in CHT, Overall and by District Note: Legend numbers refer to vulnerability rankings given in Table 7.

28 In Khagrachari, while there are no small IP groups, the large IP groups are particularly vulnerable due to the large influx of Low Landers attracted by the district s large valleys, other criteria will be developed during the Project implementation, inclusive of Khagrachari s less developed upazilas, to identify the most vulnerable IP communities, including those who have experienced loss of land due to incursions of outsiders, those who have during the post-conflict period returned from India, and those within RFs, who need social infrastructure such as schools Prioritizing Selection of Upazila and Union Roads in the Three CHT Districts: LGED prepared a list of roads based on requests made by various elected officials, e.g. MP, Chairmen Upazila Parishads and Union Parishads, and members of these Parishads. This is LGED s usual process in other parts of Bangladesh, involving consultations with elected and non-elected officials. During discussions with LGED, which included a TAC representative, the Chairman of the CHTRC made the following main points for selection criteria: Bandarban, which is the least-connected District, should get the most road length Rangamati, which has large areas around the Kaptai Reservoir connected by waterway, need not be given additional road connectivity by Upazila or Union roads. Khagrachari is clearly better-connected than the other two districts, in terms of both distance from and time taken to travel to market. Besides a better road network, Khagrachari has the geographic advantage of being relatively flat, with broad valleys allowing for the use of cycles and cycle-rickshaws and vans. In the other two districts, other than walking, only motorized transport can be used. Therefore, Khagrachari, which is a well-connected district, should get the least road length in the CHTRDP-II 76. Based on the above connectivity issues, the proposed Upazila and Union Road selection for the three CHT districts is the following: 18 Table 9: Proposed Length of Upazila and Union Roads for the Three CHT Districts, Proposed by CHTRC and LGED District Km Percentage Bandarban Rangamati Khagrachari Total 260 Km 100% 77. Table confirms the selection process from the standpoint of connectivity. 17 Recent changes in GoB education policy have allowed establishment of community schools within the RFs. 18 An Upazila road had been initially proposed for Thanchi Upazila in Bandarban District, but this was later dropped as the CHT Development Board (CHTDB) is taking up that road. In Rangamati District, Jurachari Upazila is connected to Rangamti District Headquarters by water over the Kaptai Reservoir and an access road is proposed to link to the major upazila landing site, or ghat on the Kaptai Reservoir. In Khagrachari Sadr, which already has substantial road length, proposed roads were mainly to complete partially-completed roads, especially from CHTRDP-I. 19 HDRC Socio-Economic Baseline Survey of Chittagong Hill Tracts. Dhaka: CHTDF, Tables 3.2 and 3.3, pp

29 27 Table 10: Connectivity within the Three CHT Districts Connectivity Criteria Bandarban Rangamati Khagrachari Time taken to Market 2.2 hr 1.6 hr 1 hr Distance to Market 6.4 km 10 km 4.4 km Time taken to Metallic Road Distance to Metallic Road Although the distance to market is greater in Rangamati, the time to market is more in Bandarban. This would point to better transport in Rangamati, especially as Bandarban District is more rugged than Rangamati. Clearly, Khagrachari District has the best connectivity, on all criteria, among the three districts of the CHT. As above, besides a better road network, Khagrachari has the geographic advantage of being relatively flat, with broad valleys allowing for the use of cycles and cycle-rickshaws and vans. In the other two districts, other than walking, only motorized transport can be used. Therefore, Khagrachari, which is a well-connected district, should get the least road length in the CHTRDP-II. 79. While IP considerations were not mentioned as specific criteria for the Upazila and Union Roads, one way or another, as Bandarban District has the larger proportion of Smaller IP Groups, and Khagrachari District has no Smaller IP Groups, the selection process followed by CHTRC and LGED has defacto mainstreamed the IPP goal of prioritizing Smaller IP Groups for CHTRDP-II development interventions, which are primarily the Upazila and Union Roads. 80. Prioritizing Selection of the Three CHT Districts for Community Infrastructure (CI), Participatory Village Development: The Community Infrastructure (CI) Component will be divided into three sub-components. In the CHTRDP-II, these budgets will be divided, at least for Access Roads and CI, among the DPMUs in roughly the same proportion as the proposed Upazila and Union Roads: Bandarban (43%); Rangamati (32%); and Khagrachari (25%), as shown in Table 11. Table 11: Approximate Proportion of CI Component Budget by Subcomponent and District # Subcomponent Feature Bandarban 43% Rangamati 32% Khagrachari 25% US$ Million 1 Access Roads Connecting the Villages to the main Upazila or Union Roads 2 Community Infrastructure To be Decided by the Para (Village) Development Watershed Management Committees (PDCs) Two Watersheds per District Total As with the Upazila and Union Road selection process, IP considerations were not mentioned as specific criteria. However, one way or another, as Bandarban District has the larger proportion of Smaller IP Groups, and Khagrachari District has no Smaller IP Groups, the selection process for the CI Component will defacto mainstream the IPP goal of prioritizing Smaller IP Groups for the CHTRDP-II CI Component benefits. 82. The reason for separating the budgets for village access and watershed management is that they typically involve more than one village. Decisions on these two subcomponents will be taken by the district project management office (DPMO). Planning and implementation,

30 28 however, will be done by the Para Development Committee (PDC) or PDCs where more than one village is involved. Technical support will be provided by the engineering and watershed management staff at DPMO. NGOs will facilitate the process. 83. All subcomponents of the CI will be implemented in villages along the Upazila and Union roads already constructed in CHTRDP-I as well as along those that will be constructed in CHTRDP-II. The road in Thanchi Upzila of Bandarban District, which has been taken up by the CHTDB will also be included in this process, along with the Thanchi Road built in CHTRDP-I, the Ruma-Bandarbam R&H Ruma Battali Pantala Gelenga UP Union Road (5.65 km). 84. Villages will be included up to a distance of five km. There need not be any selection criteria for these villages around roads built in CHTRDP-I or to be built in CHTRDP-II. If there is any money leftover then villages would be around markets constructed by the project for the MAD component, with a preference for upland areas. On a similar basis villages in a 5 km radius around the market would be taken up. 85. Access Roads would be provided in all villages around the main Upazila and Unioin roads. Access Roads are necessary to enable villages that are off the main roads to benefit from the road construction construction. But villages that (1) have had irrigation projects from CHTRDP-I; and (2) receive free rations from the Government20 will be excluded from the other CI subcomponents. Non-excluded villages will be allotted a sum of Tk.1,000,00021 (One million, or Ten Lakh, Taka each). This will enable the Project to work in about 600 villages, i.e., about 120 villages a year, excluding year 1 and year The village PDC, in consultation with the general residents of the village, including both women and men, can decide on the specific subprojects they would like to undertake. One million Taka is being allotted to each PDC, this amount can make a significant contribution to the village s economic condition. 87. Proposal for ADB Small IP Group Grant: Fortunately for the IPP goal of prioritizing CHTRDP-II benefits to the Small IP Groups in the CHT, the Upazila and Union Road and CI selection process accomplishes this objective. However, for sustaining Small IP Group cultural heritage and socioeconomic security, a more targeted approach may be required that identifies these groups more specifically according to their villages and their felt-needs, which may also include non-physical measures such as more capacity building for small IP-led NGOs and for the PDCs in these villages. Therefore, the IPP proposes, in line with many stakeholder requests, the ADB consider a small grant of about US$3 million, focused on the specific needs of CHT Small IP Groups. These specific needs, which will be further defined, will focus exclusively on these more vulnerable Small IP Groups, in Bandarban District and in the southern part of Rangamati District. F. Mitigation Measures 1. Participatory Village Mapping 88. As noted above in Section C-5, away from roads, IPs felt there was a low rating of lack of tenure or loss of land as a constraint to development. This underlined that the bulk of land loss to settlers in the last 60 years has been in villages located on or near roads. IPs away from 20 The NIP Settlers, reportedly have been given 80 kilos per ration card per month over the last 25 years and therefore have, in effect, surplus funds for other investments beyond basic food. 21 Roughly US$14,300.

31 29 roads are now confident of their tenurial security. If this were to continue, by enabling a manner of Participatory Village Mapping, or PVM, as proposed below as one IPP component, the benefits of improved connectivity can be substantial private investment by farmer households in project villages. It is important that construction of roads not disturb the tenurial security now expressed by residents. Tenurial security is critical to maximizing investments and thus returns from infrastructure interventions, therefore subprojects should seek clearance from the HDC on tenurial issues in the area of the subproject before [road or other village infrastructure] construction is taken up. 89. PVM will delineate boundaries and major land use within villages along CHTRDP-II roads, backed up by a proactive Grievance Redress Mechanism (see Section H) to counteract land invasion occasioned by new and upgraded Upazila and Union roads. Such mapping will also be used for watershed management and for heightening village awareness of the need to keep village common forests intact. 90. The PVM measures taken, primarily mapping village boundaries and land use, with village input, and posting of village boundaries along the roads built under CHTRDP-II, as a condition of their being constructed, prepared through a PVM Process. This will be followed up by a robust Grievance Redress Mechanism, using the customary CHT administrative institutions (Circle Chief, Headmen, Karbaris), as well as the HDCs. The PVM maps will also be part of the CHTRDP-II s watershed management component and to heighten village awareness of the need to keep village common forests intact. 91. CHT villages do not have written records of village boundaries, though they do have relatively clear notions of what constitutes village land, including village common forests and fallow lands. Preparing PVM village maps will be a good way to both make people aware of their village areas and enable them to press their claims to these lands. 92. Each village within 0.5 km on either side of a road will be notified that a road, with the given alignment, is due to be built or upgraded. The villages, with project technical support from an experienced NGO, will carry out a PVM exercise, marking, in particular, village boundaries, locating the houses, temples, school, roads, streams, springs, horticultural orchards, jhum, and bridges, and determining the longitude and latitude of the village with the help of Global Positioning System (GPS) data and Google Earth. Private lands, homestead areas, village common forests and other fallow lands will also be included within the claimed village boundaries. Representatives of affected villages within a mouza will sit with the headman to sort out differences, if any, between villages. 93. In case, there are unresolved disputes between villages or mouzas, the matters will be forwarded to the Circle Chief for quick decisions. Finalized village maps, carrying the signatures of the Para Karbari, Mouza Headman, and Circle Chief, will be submitted to the HDC for approval and certification. Once the HDC approves the map, a map board will be prepared and placed at the main entrance(s) to the village showing the village boundaries and major land uses within the boundaries Copies of the certified maps will be kept with the HDC, Circle Chief, Mouza Headman, Para Karbari, and District Project Office, and a strong GRC will support individual/complaints of 22 This exercise has been carried out in IP communities in Northern Vietnam, Laos and Andra Pradesh (India) among other countries.

32 30 land ingress of marked village boundaries. This will be the same GRC customary process as set up by the LARF. 95. A model PVM exercise has already been carried out in Wagga Union (Sapchari Para) in Rangamati District in September The staff of the Rangamati-based NGO Taungya already had training in the mapping process, from 2008, through the Danida supported Consolidating Community Rights over Natural Resources for Conservation of Environment and Sustainable Development (CCRNR) project, which has promoted collective access to the village common forests and management of natural resources by CHT communities, another goal being to make sure that indigenous peoples rights and community based natural resources management and conservation is better understood and accepted After meeting with the villagers, the PVM Team started the social mapping on September 6 th 2010, with two villagers nominated to lead a tour of the entire village. Work started with GPS mapping of Sapchari village s boundary. Completion of the survey was on September 10 th (4 days) with 152 GPS data points, and using Google Earth for mapping the village using the data points. Participation of the villagers confirmed the boundaries and assisted drawing of the village features on brown paper, including location of the houses, temples, school, roads, streams, springs, horticultural orchards, jhum, bridges, and other features, determining the longitude and latitude of the village with the help of the survey GPS data. In completing the map, all information was shared with the villagers and the important infrastructure and other landmarks in the villages were cross-checked before putting their location on the map. 97. Besides, both the headwater and the confluences of the streams were separately recorded as per GPS data and the distances were measured using the tools on Google Earth. The information on the hills and their peaks and as well as such features as horticultural orchards and jhum were presented to the villagers with additional data from Google Earth. In total the mapping process, leading up to posting the completed map on a board at the entrance to Sapchari Para was about ten days. 98. Besides village watershed management planning, as reported separately under the respective component, GIS and Google Earth have been used in the model PVM in Wagga, and in the IP Planning Framework (IPP) these will be useful for protecting against land grabbing along newly widened or built roads. Part of the IPP process will be to set up a formal grievance process using the traditional institutions of Circle Chief/Headman/ Karbari against land grabbing in mapped villages, the map boards displayed in front of the village along the new road. The photos below show the PVM map board posted at the entrance to the Wagga Union Road constructed under CHTRDP-I and planned to be completed under CHTRDP-II. Note that the maps will be in Bengali, not in English as shown here, during the CHTRDP-II implementation. 99. Only after the District Project Office informs the PMU that the relevant certified maps have been obtained, will the PMU issue a Social Safeguard Clearance and advise the Chairman, CHTRC, to clear the road for construction. Villages may, if they wish through village consensus, opt out of the PVM exercise, but their doing so must be clearly certified by the NGO carrying out the PVM for that village. 23 Taungya CCNR Half Yearly Progress Report. Rangamati. July 26, and

33 31 Figure 5: PVM Map Board of Sapchari, Posted at Village Entrance 100. A Management Information System (MIS) will be set up for keeping these participatory village map GIS coordinates at the level of HDC and Circle Chief, for the grievance procedure. MIS is an essential tool these days for capturing, storing, managing and presenting project data. Compared with the past (even five years ago), computers (desk and laptop) as well as associated software and other facilities are greatly simplified and substantially cheaper, meaning that now they can now be considered, planned for and provided as an essential basic tool at the field and back-up level, from which resulting data is shared (and backed up) operationally at sub-component, component and PMU level. 24 Completing both LAR and IP safeguard activities before mobilizing contractors will be a Loan condition, and having the GIS coordinates (in an MIS system) will allow more efficient signing off on sections for mobilizing contractors For the nearly 500 km of Upazila and Union Roads either widened or newly built under both CHTRDP-I and CHRDP-II, approximately villages may be made vulnerable to land grabbing by new roads constructed under CHTRDP-II. At a cost of approximately 30,000 Tk per village, Participatory Mapping will be carried out prior to mobilization of contractors for road construction. The overall cost for this IP social safeguard measure may be about 6,000,000 Tk (US$86,000), including administrative costs. 2. Measures for Compensation for Customary and Tribal Land Guaranteed in the Land Acquisition and Resettlement Plan 24 Such that it develops into and is maintained as the main data pool of a project, fed by various data sources such as project staff reports, project surveys etc. While there is obviously overlap between components and sub-components of any project, and they must be interlinked, each section must have its own basic computer resources, and its staff appropriately trained, because this equipment is in constant use. At the same time extreme care must be taken to ensure that equipment/software/data bases are compatible and interchangeable. Matching audio visual capabilities and support will be an integral part of this, including its major contribution to field training at all levels, as well as the monitoring of project activities including photographic time-lines, where NGOs/villager/villagers are the implementing partners, often having limited literary but, exceptionally good observational skills and mental recall. GIS is a tool for capturing, storing, managing and presenting spatial data. Thematic mapping is one of the main function for which GIS is used. The ADB Mapping Project will provide base maps for CHTRDP-II and GPS will be used to identify locations and/or quantities of activities on a map instead of just naming villages, unions or district where activities will be, or have been, carried out. GIS is an important development in data collection and helps detect spatial patterns of project implementation, which in turn can trigger new insights and questions. The software most likely used is ArcView. Training in GIS and GPS use will be provided. 25 In somewhat futurology thinking, 3G ipads, with built in GIS and Google Earth will be a useful field tool for carrying out LAR and MVP activities, for monitoring completion of LAR in the former case and for the grievance process in the latter case. Besides, the 3G ipads will have road designs/participatory village maps uploaded and overlaid on Google Earth simple technologies already freely available using laptops with internet connection.

34 Land Acquisition and Resettlement Plans (LARPs) prepared during implementation following the social safeguard s Land Acquisition and Resettlement Framework (LARF), adopted under the Loan Agreement, will assure compensation for IP Common Lands for CHTRDP-II subprojects, such as Upazila and Union Roads and small village infrastructure. While the LARPs do not fall directly under this IPP, they are the mechanism by which the safeguard to guarantee fair compensation for IP Common Land is ensured MOCHTA, through the Chittagong Hill Tracts Regional Council (CHTRC) and the Hill District Councils (HDCs), has overall coordination, planning, implementation and financing responsibilities for LARPs under the CHTRDP-II. The CHTRC fully recognizes the importance and complexity of the Project s resettlement programs. Therefore, the CHTRC has committed to the appointment of the necessary human resources (discussed in Section J) to implement the resettlement component. Comprehensive information in this respect is given in the Project s Land Acquisition and Resettlement Framework, including an analysis of the relevant policy environment, project principles and entitlement matrix. G. Capacity Building 104. Participatory Development Process for Capacity Building of Villagers to Plan, Implement, Operate and Manage Community Infrastructure: For the community infrastructure component, IP villages will be asked to submit proposals for either irrigation or water supply investments, or any other subproject for the village. The PMU will provide forms and technical support for submitting these proposals. These proposals will be based on decisions of the general body or village assembly of the village, which must include both women and men While LGED contractors will undertake construction of black-topped Upazila and Union roads, the herring bone roads and paths connecting villages to the Upazila and Union roads (and, as feasible, to markets developed under the MAD Component), will be constructed by the village PDCs. Village Access Roads, paths and other such village infrastructure works (e.g. irrigation and water-supply) will be planned and implemented by the village PDCs, with technical support from the relevant HDC departments, including LGED PDCs will plan and manage the subprojects in their villages. These subprojects will be carried out through Labor Contracting Societies (LCS), which will be formed by the PDC. Use of the LCS system will provide wage income, especially for women, from road construction and also develop capabilities both in labor and management. At least 50 percent of both workers and office-bearers in the LCS will be women. The PDCs too will include at least one-third women, including one cheque-signing office-bearer. LGED will provide technical support for the village paths and market structures. Technical support for water-supply, irrigation and sanitation facilities would be provided by LGED and other relevant departments. NGOs will be selected to facilitate the process of village infrastructure construction. Care will be taken to see that NGOs working at the village-level are of the community concerned, in particular if these are IP and Small IP Groups Training on IP Issues, History, Culture in the CHT: A training program on IPs for GoB officials working in the CHT will be prepared and implemented, overlapping with the ADB s Regional Capacity Development Technical Assistance (RETA) Targeted Capacity Building for Mainstreaming Indigenous Peoples Concerns in Development and the CHTRDP-II institutional strengthening component. The training program focuses on government officials in the key

35 33 institutions (Planning Commission, Special Affairs Division (SAD), MoCHTA, RC, HDCs and CHTDB), and will include: Key government Line Agencies (e.g. LGED) Traditional Institutions Local NGOs Parliamentarians (e.g. Standing Committee on MoCHTA) 108. Training modules are expected to be completed under the RETA by Project implementation and MOCHTA will coordinate with the Bangladesh Public Administration Training Centre (BPATC) to carry out the training under the auspices of the HDCs throughout the life of the Project. Training modules are likely to include: Module 1 : Orientation on laws, regulations and policies related to indigenous peoples in Bangladesh, with a particular focus on CHT Module 2 : International Human Rights Instruments and Mechanisms on Indigenous Peoples Module 3 : International Safeguards for Indigenous Peoples and their Implementation Mechanisms, with a particular focus on the ADB Safeguard Policy Statement Module 4 : Customary Land Rights and Natural Resources Management of the Indigenous Peoples in Bangladesh, particularly in the CHT Module 5 : Safeguards for Indigenous Peoples and their Application: Good Practices and examples from other countries 109. The package wil provide a comprehensive orientation on indigenous peoples concerns in development, the relevant safeguards instruments and mechanisms, as well as specific issues of indigenous peoples in the CHT. H. Grievance Redress Mechanism 110. The Grievance Mechanism will be the same for both the IPP and any Land Acquisition Plan (LAP) under the project. Upon the clearance of the LAP by the Deputy Commissioner and the Ministry of Land, a GRC will be formed at the Union level through gazette notification from MOCHTA to the DPMUs at district level. The HDC/PMU Resettlement Officer (RO) will be the Convener of the GRC. The Area Manager of the INGO will be Member Secretary. The Headman/Union Parishad Chairman Ward will be a member. The GRC will include two representatives of APs (at least one woman). A Legal Advisor will be included as an Observer to extend legal support to the committee to be deployed by the INGO The GRC will have the power to resolve resettlement and compensation issues preemptive to their being addressed through the legal system. The GRC will also be established for the long term to process land invasion complaints, based on PVM-based GPS/MIS data. The GRC will receive grievance cases from the APs through the INGO. The INGO will follow initiate a public procedure and also through individual contact with APs under the jurisdiction of the GRC It will operate through village consultation meetings and will undertake the distribution of booklets explaining due process for AP grievances and procedure for filing land invasion complaints The INGO will assist the APs in lodging their resettlement claims and land invasion complaints in a format acceptable to the GRC. The former will be done after the APs get ID

36 34 cards from the DPMUs and are informed about their losses and entitlements. All AP complaints will be received at the office of the INGO, or by the GRC s secretary, with a copy to the Union Parishad representative The representative of the INGO, as the member secretary of the GRC, upon receipt of complaints, will organize a GRC hearing. The INGO will arrange for the presence of a lawyer in the hearing to help both the GRC and the APs on legal issues. The GRC pass a verdict which will be formally conveyed to the concerned APs through the INGO. The GRC will settle the disputes within 15 days of receiving the complaints from the AP If not resolved at the GRC level, the matter will be referred to the Regional Project Steering Committee and finally, to a court of law. For land invasion complaints, the GRC will provide a decision that will be forwarded to the concerned Circle Chief for certification, who will in turn take forward the GRC decision to the HDCs. The HDCs, in turn, will if necessary initiate arbitration and/or through requesting the DCs for enforcement. The GRC is further elaborated in Figure 6. Figure 6: Grievance Redress Mechanism Aggrieved Person (AP) Or Land Invasion Complainant GRC members RO, (PMU, HDC) INGO Representative Chairman, UP/Headman AP Representatives Legal Advisor Application submitted to GRC through INGO Securitization of complaints by GRC & reference to PVM MIS Referred to DC /Circle chief/rhdc Complaints under Arbitration (ADRFs) or existing LA Law Not under Arbitration or Law and be settled as per RAP policy Not Redressed Redressed Circle Chief Certification GRC Hearing within 15 days of lodging the claim RO for Compensation Approval/ Arbitration of Land Invasion Recommendation for compensation/outcome of land invasion complaint Compensation Claim Rejected District Judge s Court INGO for Payment DC for Land Invasion Enforcemen Seeking Legal Settlement Decision Accepted

37 Alternative Dispute Resolution Forums (ADRFs) will be constituted for any disputes arising from the IPP, which are most likely to involve land dispute resolution. In Bangladesh, Shalish and Mimangsha are when the community takes the leading role in resolving disputes. These are usually undertaken through mediation, negotiation, and reconciliation. In the Shalish or Mimangsha the community leaders delve deep into the root cause/s in the presence of both parties, hear viewpoints of disputants, and try to find a solution agreeable to the parties concerned Resolving disputes through community initiatives with the above tools are commonly known as Alternative Dispute Resolution (ADR). What is proposed is to involve NGOs in this process, as well as local Alternative Dispute Resolution Forums (ADRFs). In Bangladesh, traditional Shalish agreements were enforced through village peer pressure. Agreements were announced and publicly proclaimed. Families would lose face if they did not comply with agreements. The reformed village mediation system, with use of NGOs, relies on this traditional compliance mechanism and succeeds despite the lack of formal court enforcement ADRFs are composed of a minimum of three members for each mediation. Not only does this comport with the traditions of the region, but the use of a panel of mediators helps limit systematic corruption or bias. Measures for ADR in Bangladesh have been provided for in the Code of Civil Procedure 1908 which allows for the settlement of disputes outside the courts: the court may formulate the terms of a possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement In the case of CHTRDP II, the GRC will convene, if found necessary, ADR forums will organized, comprising of the local Headman and the UP Chairman together with representatives of the local communities. See also Section J, Implementation Arrangements. I. Monitoring, Reporting and Evaluation 118. PMU/HTC, through the PD at the PMU, will establish a monitoring system involving the CRO, the CHTRC, the PIC and the INGO for collecting, analyzing and preparing Quarterly Progress Reports on the progress of LARP, PVM and District IPP implementation The LARP monitoring will be done by the project team and verified by an external monitory to provide feedback to HTC and to assess implementation effectiveness. A Mid-term Review drawing upon monitoring and evaluation reports and other relevant data will identify any action needed to improve resettlement performance. Evaluation the LARP, PVM and District IPP implementation will assess whether the LARF/IPP objectives were appropriate and whether they were met, specifically, whether livelihoods and living standards were restored or enhanced. The evaluation will also assess resettlement efficiency, effectiveness, impact and sustainability, drawing upon lessons learned as a guide to future resettlement planning 120. The PVM, along with LARPs wil be evaluated by an external monitor hired by the PMU and reporting to CHTRC. If the external monitor finds the maps incomplete or not according to specifications, rectification would be sought and if after some time the maps are not completed and made public, a draw stop of financing could be recommended Monitoring will be carried out by the PMU. The District Resettlement Officer (DRO), assisted by the field staff at HDC District offices and the INGO, will establish a monthly monitoring system and prepare a Monthly Progress Report on all aspects of LARP, PVM and District IPP implementation. The initial Census and SES will provide the benchmark data, and

38 36 periodic surveys will be carried out to measure changes against this baseline data. Monitoring of PVM progress and of GRC land incroachment complains, if any, and follow up will also be covered. Assisted by District and Upazila Engineers, the INGO, and the PIC Resettlement Specialist (RS), the PD at the PMU will monitor land acquisition and resettlement. A Management Information System (MIS) developed by the INGO and installed and operated at the HDC Office and INGO field offices will tabulate quantitative information, including PVM GPS data, obtained though the monitoring The RS with the PIC team will supervise and monitor LARP, PVM and District IPP implementation for HDC. The PIC will sub-contract monitoring and evaluation of the resettlement and IP activities to an external monitor, which will be a qualified and experienced expert or NGO. The tasks of the external monitor will be to: (i) verify results of monitoring; (ii) assess whether LARF and IPP objectives have been met, especially whether livelihoods and living standards have been restored or enhanced and planned PVM activities have been completed, as well as District IPP objectives; (iii) assess resettlement/ip efficiency, effectiveness, impact and sustainability, drawing lessons as a guide to future resettlement and IP policy making and planning; and (iv) ascertain whether the objectives were suited to AP/IP conditions. The external monitor will design and adopt methods and tools for data collection facilitating a comparable database of "before" and "after" resettlement conditions. The LARPs and District IPPs will set out a Terms of Reference (ToR) for the independent monitoring agency (IMA) The PIC will conduct periodic review and supervision missions during the implementation stage. In addition to regular review missions, ADB will undertake a comprehensive Mid Term Review of the LARP, PVM and District IPP implementation. A Post Evaluation of LARP implementation will be carried out by the ADB to assess the resettlement impact in terms of adequacy and deficiency in planning and implementation of resettlement activities. J. Institutional Arrangment 124. MOCHTA through the Regional Council and the HDCs, has overall coordination, planning, implementation and financing responsibilities. The CHTRC fully recognizes the importance and complexity of both the Project s IP and resettlement programs. Therefore, the CHTRC will appoint a Social Safeguards Specialist (SSS) to the PIC for IP and LAR issues. This SSS will be teamed with a National IP Specialist and a National LAR Specialist. After finalization of the design and prior to commencement of work on RoW, the CHTRC will hire an experienced INGO for LARP, and PVM implementation, with clearly defined tasks including achievement of the IPP goal of providing compensation for IP Common Lands and establishing an income restoration program for Severely Affected APs (SAPs). A senior HDC Social Scientist at the rank of Executive Engineer will be appointed as the Resettlement Officer (RO) to supervise the implementation work, with the help of the HDC, and IP-Led NGOs supervised by a nationally recognized INGO with extensive resettlement experience will carry out necessary implementation field work, including to the extent possible, both IP and Involuntary Resettlement (IR) experience Both the SSS at the PIC and the RO, with help of HDC, will in parallel with LARP implementation, carry out the PVM program for posting PVM map boards along the CHTRDP-I and CHTRDP-II upazila and union roads. For this, again local IP-Led NGOs will be employed for the necessary field work, trained and supervised by an NGO with extensive PVM

39 37 experience. The National IP Specialist will follow through with the IP/CHT training component, supported by an NGO specialized in this field Project Management Unit (PMU) within CHTRC: The CHTRC will appoint a RO within the PMU to manage the LARPs and the PVM exercises. The RO, under the overall responsibility of the PD, will undertake day to day activities with assistance from the appointed INGO and PVM NGO(s) and PIC. The RO will provide overall supervision the implementation LARP implementation and IP work. At the field level, staff of the HDC offices will assist with day to day activities in collaboration with the appointed INGO, as well as, for the first three months of Project implementation. District Project Management Units (DPMUs) will assist in coordinating the prioritization exercise for identifying less developed upazilas, smaller IP groups, and especially in Khagrachari District, more impacted IP communities for prioritized funding of interventions The PD will ensure cooperation between the CRO and the District administrations to carry out land acquisition, PVM, and CHT/IP awareness training. The Project will arrange capacity enhancement training, supported by the PIC, of CHTRC, HDC, and LGED staff upon their deployment to carry out resettlement and PVM activities. The appointed INGO will open field offices in subproject districts, carry out information campaigns and involve Affected Persons (APs), including women and vulnerable APs and small IP Groups, from the very beginning in the implementation process Project Implementing Consultants (PIC): The PIC will have provision for: (i) one International Resettlement Specialist with a strong IP background and orientation; (ii) one Local Resettlement Specialist, who will in addition to LARP preparation and implementation, will work with PVM implementing NGOs. The Resettlement Specialists will provide technical support to HDC to supervise, in collaboration with the LGED District Engineers Office, RP implementation by the INGO, with a special focus on compensating IP Common Land. The PMU will subcontract an experienced IMA for independent monitoring and review and evaluation of the resettlement and IP processes IP Plan Implementing NGO (INGO)/IP NGO/PVM INGO: The PMU will employ an experienced INGO to design and carry out field implementation of LARPs. The INGO mobilization will be no later than the approval of a first subproject under the Project. A PVM experienced NGO will PVM implementation on upazila and union roads, in coordination with the HDC and the PIC. These lead NGOs will be assisted as required by district-based IP-headed NGOs, who will receive training and technical backup as required IP/LAR Processing Committees/Teams: MOCHTA, through a gazette notification, will form various committees/teams for implementation of the RP at the field level. The INGO will work as member secretary for all the committees/teams involving representatives of the DC, HDC, local government institutes and APs, as the case may be. These committees/teams will ensure stakeholders' participation and uphold the interest of the vulnerable APs. The power and jurisdictions of the committees will be clearly defined in the gazette notification. The INGO will form a Resettlement Advisory Committee (RAC) to involve the local community and APs in the LARP implementation process, particularly karbaris and headmen for acquisition of IP Common lands, a major objective of the IPP Property Valuation Advisory Team (PVAT): A PVAT will be formed through a gazette notification by MOCHTA. The PVAT will review the assessment of the INGO of market prices for land and other property affected by the Project to determine their replacement cost. The scope

40 38 and responsibilities of the PVAT will clearly be defined in the gazette notification. The INGO will process the entitlements of APs, including IP Common Land, using the PVAT data as one of the determinants. The PVAT will be a three member body and be comprised of: (i) the RO to be Chairman; (ii) the LAO or a LAO-appointed District official; and (iii) the Area Manager of the INGO, who will be the JVAT Member Secretary Grievance Redress Committee (GRC): A GRC will be formed at the Union level for any grievances involving resettlement benefits, relocation, or other assistance, as well as for complaints about encroachment of village boundaries, as indicated on PVM map boards posted along upazila and union roads. A gazette notification on the formation and scope of the GRC will be required from MOCHTA. The GRC for each Union will be comprised of: (i) Executive Engineer/RO/CHTRC Chairman; (ii) Area Manager of INGO as Member Secretary; (iii) the Union Parishad Chairman/Member as Member; (iv) one female Union Parishad member as member; and (v) one AP representative as member. The life of the GRC so far as LARP issues will be to the end of the CHTRDP-II. However, the GRC will become institutionalized to deal with land encroachment issues, with support from the Circle Chiefs and HDCs. Since the GRC addresses grievances arising from both the IPP and LARPs, the Resettlement Organization, showing the GRC activities, is included (see Figure 7: Resettlement Organization Chart 8) for completeness Implementation Schedule: Feasibility studies for CHTRDP-II subprojects, including LARPs, will be prepared within two years of subproject identification. The Project s Institutional strengthening and capacity building activities will commence in the first year of the Project; these activities will taper off towards Project completion. Subproject implementation will be conducted following a rolling program over the 7 year life of the Project. LARPs, as well as PVM activities, will be implemented before the award of civil award contracts. However, the implementation schedule for subprojects will be prepared considering any possible changes from the Detailed Design (DD) and Detailed Measurement Survey (DMS). The tentative implementation schedule for IPP activities is given in Figure 8: Tentative IPP Plan Implementation Schedule for Project.

41 39 Figure 7: Property Valuation Advisory Team (PVAT) & Procedure of Determining Valuation Identification of Alignment and Affected Property by HDC PVAT members RO, (PMU,RHDC) INGO Representative DC /Headman Representative PVAT to Collect Information, including on IP Common Lands Conduct PVS for Land, Structure, Trees, and other assets Sub-Register Office for the Recorded Value of Land /Headman for IP Customary Lands CRO for approval of Unit Rate Prepare Mouza wise existing Replacement Value/Unit Rate Implementing Agency (PMU, HDC) for Preparing Budget with the help of PIC

42 40 Figure 7: Resettlement Organization Chart MOCHTA Private Engineering Firms Provide Design & Surveys showing Land Use in RoW Property Assessment and Valuation Team (PVAT) Assesses Market Value, including IP Common Land RC (RO) PMU (PIC) HDC/ DPMO DRO Certifies Negotiated Result/Takes over land to give to Contractors IMA Circle Chief Certifies GRC Results Grievance Redress Committee (GRC) RC = Regional Committee HDC = Hill District Council PMU = Project Management Unit PIC = Project Implementing Consultant DPMO = District PMU RO = Resettlement Officer DRO = District Resettlement Officer IR/IP = Involuntary Resettlement/IP IMA = Independent Monitoring Union Level DRO PIC IR/IP Specialist on behalf of the Project & Assists Land Incursion Complainants for arbitration (ADRFs) or, if necessary, enforcement Land Ownership Incursion Verification Headman Karbari Advocate for AP Affected Person Complainant(s) about village land incursion issues Implementing NGO (INGO Negotiation Catalyst & AP Assistance Administers Common Land Payment Assists Land Incursion Complainants & Sets up and maintains PVMbased MIS

43 Figure 8: Tentative IPP Plan Implementation Schedule for Project Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 RP Planning Census/Socio-economic Survey Draft RP Agricultural Land Survey Revised RP/Final RP Hiring of INGO Participatory Village Mapping PVM for Upazila & Union Rds Prioritization Upazilas/Small IPGs Project Land hand over to Contractor Resettlement Activities Payment of MARV by HDC Monitoring and Evaluation Monitoring Verification by External Monitor Evaluation of the Project Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 41

44 42 K. Budget and Financing 134. The LARF, rather than the IPP budget, contains all costs related to IP Common Land compensation. The LARF budget includes all costs for acquisition of assets and costs associated with involuntary resettlement. The PIC will assess, through social appraisal of preliminary subproject designs, the losses and disturbances and determine their compensation at market value to prepare a land acquisition, including for IP Common Land, and resettlement cost estimate, including contingencies. HDC will further, upon appointment of the INGO, determine the replacement price of land, including IP Common Land, and other acquired property for the subproject through the PVAT. All monitoring expenses will be budgeted in the subproject costs. Appropriate funding provisions will be made for monitoring and verification by an external monitor; and for any LGED capacity building training that might be required. Monies for all cash compensation under law (CCL) will be funded by the ADB loan IP costs are primarily for PVM along the upazila and union roads. For the nearly 500 km of Upazila and Union Roads either widened or newly built under both CHTRDP-I and CHRDP-II, approximately villages may be made liable to land grabbing by new roads constructed under CHTRDP-II. At a cost of approximately 30,000 Tk per village, Participatory Mapping will be carried out prior to mobilization of contractors for road construction. The overall cost for this IP social safeguard measure may be about 6,000,000 Tk (US$86,000), including administrative costs. MIS containing GPS coordinates determined through the PVM will be under overall Project administration costs. Cost for IP/CHT Orientation Training is about Tk 17,000,000, or US$245,000. Given the above, the estimated cost for IPP will be approximately 25,300,000 Tk, or US$362,000. Table 12: Estimated Budget for IPP for CHTRDP-II Description Tk US$ Participatory Mapping 6,000,000 86,000 IP/CHT Orientation Training 17,000, ,000 SubTotal 23,000, ,000 10% Contingency 2,300,000 31,000 Total 25,300,000 $362, The fund for CCL land acquisition by the DC will be prepared by the DC s Land Acquisition Section and sent to the PMU for transferring the funds to the DC s account. The additional benefits as per the framework will be paid directly by the Eligible Persons (EPs) through the INGO. The INGO will assess the quantity of losses and EPs for resettlement benefits and deliver a resettlement budget to HDC for approval and periodic release of funds. The rehabilitation and training for APs will be provided through the INGO, based on a vulnerability and needs assessed carried out through a special census and consultation exercise. If acquisition begins 12 months after Joint Verification Survey (JVS), the replacement value will be increased at the rate of 10 percent per annum The PMU will ensure that the land acquisition and resettlement budgets are delivered to the DC on time and to the implementing NGO for timely implementation of the RPs. The HDCs will also ensure that the LARPs are submitted to ADB for approval and that PVM activities and funds for compensation, including for IP Common Land, and entitlements under the LARPs are fully provided to APs prior to the award of the civil work contract., 138. An experienced INGO will administer grants for IP Common Land, teamed with local IP- Headed NGOs (See Appendix B for list of potential local NGOs).

45 Appendices A ILO C107 Indigenous and Tribal Populations Convention, 1957 B C D E F IP-Led NGOs for Potential Recruitment UNDP (CHTDF) and Updated Matrix For Selection of Prioritized Upazilas Text of 1997 Peace Accord CHT/IP Sources Report of Consultation Two Day Workshops with Stakeholders, Bandarban, Khagrachari, and Rangamati, November 2-25, 2010

46

47 A-1 Appendix A: ILO C107 Indigenous and Tribal Populations Convention, 1957 Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (Note: Date of coming into force: 02:06:1959. This Convention was revised in 1989 by Convention No. 169) Convention:C107 Place:Geneva Session of the Conference:40 Date of adoption:26:06:1957 Subject classification: Indigenous and Tribal Peoples Subject: Indigenous and Tribal Peoples See the ratifications for this Convention Display the document in: French Spanish Status: Outdated instrument The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fortieth Session on 5 June 1957, and Having decided upon the adoption of certain proposals with regard to the protection and integration of indigenous and other tribal and semi-tribal populations in independent countries, which is the sixth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, and Considering that the Declaration of Philadelphia affirms that all human beings have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, and Considering that there exist in various independent countries indigenous and other tribal and semi-tribal populations which are not yet integrated into the national community and whose social, economic or cultural situation hinders them from benefiting fully from the rights and advantages enjoyed by other elements of the population, and Considering it desirable both for humanitarian reasons and in the interest of the countries concerned to promote continued action to improve the living and working conditions of these populations by simultaneous action in respect of all the factors which have hitherto prevented them from sharing fully in the progress of the national community of which they form part, and Considering that the adoption of general international standards on the subject will facilitate action to assure the protection of the populations concerned, their progressive integration into their respective national communities, and the improvement of their living and working conditions, and Noting that these standards have been framed with the co-operation of the United Nations, the Food and Agriculture Organisation of the United Nations, the United Nations Educational, Scientific and Cultural Organisation and the World Health Organisation, at appropriate levels and in their respective fields, and that it is proposed to seek their continuing co-operation in promoting and securing the application of these standards, adopts this twenty-sixth day of June of the year one thousand nine hundred and fifty-seven the following Convention, which may be cited as the Indigenous and Tribal Populations Convention, 1957: PART I. GENERAL POLICY Article 1 1. This Convention applies to--

48 A-2 (a) members of tribal or semi-tribal populations in independent countries whose social and economic conditions are at a less advanced stage than the stage reached by the other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations; (b) members of tribal or semi-tribal populations in independent countries which are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonisation and which, irrespective of their legal status, live more in conformity with the social, economic and cultural institutions of that time than with the institutions of the nation to which they belong. 2. For the purposes of this Convention, the term semi-tribal includes groups and persons who, although they are in the process of losing their tribal characteristics, are not yet integrated into the national community. 3. The indigenous and other tribal or semi-tribal populations mentioned in paragraphs 1 and 2 of this Article are referred to hereinafter as "the populations concerned". Article 2 1. Governments shall have the primary responsibility for developing co-ordinated and systematic action for the protection of the populations concerned and their progressive integration into the life of their respective countries. 2. Such action shall include measures for-- (a) enabling the said populations to benefit on an equal footing from the rights and opportunities which national laws or regulations grant to the other elements of the population; (b) promoting the social, economic and cultural development of these populations and raising their standard of living; (c) creating possibilities of national integration to the exclusion of measures tending towards the artificial assimilation of these populations. 3. The primary objective of all such action shall be the fostering of individual dignity, and the advancement of individual usefulness and initiative. 4. Recourse to force or coercion as a means of promoting the integration of these populations into the national community shall be excluded. Article 3 1. So long as the social, economic and cultural conditions of the populations concerned prevent them from enjoying the benefits of the general laws of the country to which they belong, special measures shall be adopted for the protection of the institutions, persons, property and labour of these populations. 2. Care shall be taken to ensure that such special measures of protection-- (a) are not used as a means of creating or prolonging a state of segregation; and (b) will be continued only so long as there is need for special protection and only to the extent that such protection is necessary. 3. Enjoyment of the general rights of citizenship, without discrimination, shall not be prejudiced in any way by such special measures of protection. Article 4 In applying the provisions of this Convention relating to the integration of the populations concerned-- (a) due account shall be taken of the cultural and religious values and of the forms of social control existing among these populations, and of the nature of the problems which face them both as groups and as individuals when they undergo social and economic change; (b) the danger involved in disrupting the values and institutions of the said populations unless they can be replaced by appropriate substitutes which the groups concerned are willing to accept shall be recognised;

49 A-3 (c) policies aimed at mitigating the difficulties experienced by these populations in adjusting themselves to new conditions of life and work shall be adopted. Article 5 In applying the provisions of this Convention relating to the protection and integration of the populations concerned, governments shall-- (a) seek the collaboration of these populations and of their representatives; (b) provide these populations with opportunities for the full development of their initiative; (c) stimulate by all possible means the development among these populations of civil liberties and the establishment of or participation in elective institutions. Article 6 The improvement of the conditions of life and work and level of education of the populations concerned shall be given high priority in plans for the over-all economic development of areas inhabited by these populations. Special projects for economic development of the areas in question shall also be so designed as to promote such improvement. Article 7 1. In defining the rights and duties of the populations concerned regard shall be had to their customary laws. 2. These populations shall be allowed to retain their own customs and institutions where these are not incompatible with the national legal system or the objectives of integration programmes. 3. The application of the preceding paragraphs of this Article shall not prevent members of these populations from exercising, according to their individual capacity, the rights granted to all citizens and from assuming the corresponding duties. Article 8 To the extent consistent with the interests of the national community and with the national legal system-- (a) the methods of social control practised by the populations concerned shall be used as far as possible for dealing with crimes or offences committed by members of these populations; (b) where use of such methods of social control is not feasible, the customs of these populations in regard to penal matters shall be borne in mind by the authorities and courts dealing with such cases. Article 9 Except in cases prescribed by law for all citizens the exaction from the members of the populations concerned of compulsory personal services in any form, whether paid or unpaid, shall be prohibited and punishable by law. Article Persons belonging to the populations concerned shall be specially safeguarded against the improper application of preventive detention and shall be able to take legal proceedings for the effective protection of their fundamental rights. 2. In imposing penalties laid down by general law on members of these populations account shall be taken of the degree of cultural development of the populations concerned. 3. Preference shall be given to methods of rehabilitation rather than confinement in prison. PART II. LAND Article 11 The right of ownership, collective or individual, of the members of the populations concerned over the lands which these populations traditionally occupy shall be recognised. Article 12

50 A-4 1. The populations concerned shall not be removed without their free consent from their habitual territories except in accordance with national laws and regulations for reasons relating to national security, or in the interest of national economic development or of the health of the said populations. 2. When in such cases removal of these populations is necessary as an exceptional measure, they shall be provided with lands of quality at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development. In cases where chances of alternative employment exist and where the populations concerned prefer to have compensation in money or in kind, they shall be so compensated under appropriate guarantees. 3. Persons thus removed shall be fully compensated for any resulting loss or injury. Article Procedures for the transmission of rights of ownership and use of land which are established by the customs of the populations concerned shall be respected, within the framework of national laws and regulations, in so far as they satisfy the needs of these populations and do not hinder their economic and social development. 2. Arrangements shall be made to prevent persons who are not members of the populations concerned from taking advantage of these customs or of lack of understanding of the laws on the part of the members of these populations to secure the ownership or use of the lands belonging to such members. Article 14 National agrarian programmes shall secure to the populations concerned treatment equivalent to that accorded to other sections of the national community with regard to-- (a) the provision of more land for these populations when they have not the area necessary for providing the essentials of a normal existence, or for any possible increase in their numbers; (b) the provision of the means required to promote the development of the lands which these populations already possess. PART III. RECRUITMENT AND CONDITIONS OF EMPLOYMENT Article Each Member shall, within the framework of national laws and regulations, adopt special measures to ensure the effective protection with regard to recruitment and conditions of employment of workers belonging to the populations concerned so long as they are not in a position to enjoy the protection granted by law to workers in general. 2. Each Member shall do everything possible to prevent all discrimination between workers belonging to the populations concerned and other workers, in particular as regards-- (a) admission to employment, including skilled employment; (b) equal remuneration for work of equal value; (c) medical and social assistance, the prevention of employment injuries, workmen's compensation, industrial hygiene and housing; (d) the right of association and freedom for all lawful trade union activities, and the right to conclude collective agreements with employers or employers' organisations. PART IV. VOCATIONAL TRAINING, HANDICRAFTS AND RURAL INDUSTRIES Article 16 Persons belonging to the populations concerned shall enjoy the same opportunities as other citizens in respect of vocational training facilities. Article Whenever programmes of vocational training of general application do not meet the special needs of persons belonging to the populations concerned governments shall provide special training facilities for such persons.

51 A-5 2. These special training facilities shall be based on a careful study of the economic environment, stage of cultural development and practical needs of the various occupational groups among the said populations; they shall, in particular enable the persons concerned to receive the training necessary for occupations for which these populations have traditionally shown aptitude. 3. These special training facilities shall be provided only so long as the stage of cultural development of the populations concerned requires them; with the advance of the process of integration they shall be replaced by the facilities provided for other citizens. Article Handicrafts and rural industries shall be encouraged as factors in the economic development of the populations concerned in a manner which will enable these populations to raise their standard of living and adjust themselves to modern methods of production and marketing. 2. Handicrafts and rural industries shall be developed in a manner which preserves the cultural heritage of these populations and improves their artistic values and particular modes of cultural expression. PART V. SOCIAL SECURITY AND HEALTH Article 19 Existing social security schemes shall be extended progressively, where practicable, to cover-- (a) wage earners belonging to the populations concerned; (b) other persons belonging to these populations. Article Governments shall assume the responsibility for providing adequate health services for the populations concerned. 2. The organisation of such services shall be based on systematic studies of the social, economic and cultural conditions of the populations concerned. 3. The development of such services shall be co-ordinated with general measures of social, economic and cultural development. PART VI. EDUCATION AND MEANS OF COMMUNICATION Article 21 Measures shall be taken to ensure that members of the populations concerned have the opportunity to acquire education at all levels on an equal footing with the rest of the national community. Article Education programmes for the populations concerned shall be adapted, as regards methods and techniques, to the stage these populations have reached in the process of social, economic and cultural integration into the national community. 2. The formulation of such programmes shall normally be preceded by ethnological surveys. Article Children belonging to the populations concerned shall be taught to read and write in their mother tongue or, where this is not practicable, in the language most commonly used by the group to which they belong. 2. Provision shall be made for a progressive transition from the mother tongue or the vernacular language to the national language or to one of the official languages of the country. 3. Appropriate measures shall, as far as possible, be taken to preserve the mother tongue or the vernacular language. Article 24 The imparting of general knowledge and skills that will help children to become integrated into the national community shall be an aim of primary education for the populations concerned.

52 A-6 Article 25 Educational measures shall be taken among other sections of the national community and particularly among those that are in most direct contact with the populations concerned with the object of eliminating prejudices that they may harbour in respect of these populations. Article Governments shall adopt measures, appropriate to the social and cultural characteristics of the populations concerned, to make known to them their rights and duties, especially in regard to labour and social welfare. 2. If necessary this shall be done by means of written translations and through the use of media of mass communication in the languages of these populations. PART VII. ADMINISTRATION Article The governmental authority responsible for the matters covered in this Convention shall create or develop agencies to administer the programmes involved. 2. These programmes shall include-- (a) planning, co-ordination and execution of appropriate measures for the social, economic and cultural development of the populations concerned; (b) proposing of legislative and other measures to the competent authorities; (c) supervision of the application of these measures. PART VIII. GENERAL PROVISIONS Article 28 The nature and the scope of the measures to be taken to give effect to this Convention shall be determined in a flexible manner, having regard to the conditions characteristic of each country. Article 29 The application of the provisions of this Convention shall not affect benefits conferred on the populations concerned in pursuance of other Conventions and Recommendations. Article 30 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General. 2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General. 3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered. Article A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may

53 A-7 denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. Article The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation. 2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force. Article 34 The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles. Article 35 At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 32 above, if and when the new revising Convention shall have come into force; b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 37 The English and French versions of the text of this Convention are equally authoritative. Cross references Revised: C169 The Convention was revised in 1989 by Convention No 169 Source:

54 A-8 Appendix B: IP-Led NGOs for Possible Recruitment Rangamati District # Organization/NGO Contact Person 1 Hill Handicap Welfare Organization Address Activities Where Active T&T, Post Office Area, Rangamati Sadar Rangamati Friends New Court Building,Banarupa, Rangamati-4500, Chittagong Hill Tracts, Bangladesh Tel: Moanoghar Chanchau Chakma, Director Address: Rangapani, Rangamati, P.O Code. No. 4500, BOX# 5, Rangamati Hill Tracts, Bangladesh. Tel: moanoghar@g mail.com, 4 The Himalayan Grassroots Women's Natural Resource Management Association Tuku Talukder, National Coordinator, HIMAWANTI, Rangamati Rangapani,Rangamati Sadar, Rangamati Hill Tracts Tel Moanoghar@gmail.com Champaknagar, Rangamati Hill Tracts, Tel: MOANOGHAR was established in 1974 and it was registered from NGO bureau in the year Moanoghar is a Chakma word which means hill home, and for the last 27 years it become the shelter of, thousand of orphans from across the indigenous community. Basically the organization worked with the children who are affected by the ethnic tension of Chittagong Hill Tracts. Its not only shelter for orphans, but it also shelter for the children whom are separated from their parents. _2.3.pdf Goda (Small Earthen Dam for Rain Water Harvesting) Natural Resource Management MISSION AND OBJECTIVES

55 # Organization/NGO (HIMAWANTI) Contact Person Address Activities Where Active The mission of HIMAWANTI shall be to ensure the emergence of appropriate policies and decision-making processes relating to programs aimed at organizing rural women and promoting their moral strength for the Conservation and Management of the natural resources of the Hindu Kush Himalayan region by giving priority to rural women of this region. In support of its overall mission. HIMAWANTI will have the following objectives: To develop policies and programs to preserve natural resources and to manage such programs for the benefit of rural women. To share information and experiences among HIMAWANTI members and to exchange development ideas about the member countries management of natural resources. To explore management strategies for the preservation of natural resources and to provide information at the grassroots level on these subjects. To give suggestions to concerned government nongovernment and international A-9

56 A-10 # Organization/NGO 5 Porbat Association For Human Resources And Assistant (PAHRA) Contact Person Md. Abbas Uddin Chowdury, (Executive Director) Address Activities Where Active organizations on natural resources management. To create and maintain programs for the empowerment building process of rural women. To undertake research on appropriate methods to preserve and manage natural resources and to solve problems related to these resources in a unified way and.to readdress misconceptions about appropriate mechanisms for resource management in governments and government policies in the Hindu Kush Himalayan region. hestra.com/ North Kalindipur Rangamati,4500 Tel Mobile pahra_chts@yahoo.com Porbat Manob Unneyan-0-SahajyakariSangstha (PAHRA) North Kalindipur, Bijon Sarani P: O: Rangamati, P: S: Katowali Rangamati, Bangladesh Phone: Fax: Mobile: or info@pahra-cht.org abbas@pahra-cht.org pahra_rgt@yahoo.com Mushroom Cultivation Skill Development; Tailoring / Cutting/ Handicraft / Backstop Loom Skill Development; Nursery Training, Local Seed Processing, Nepear Grass cultivation and Floating Gardening Skill Development; CHT Herbal Garden Project Awareness and Skill Development; Mushroom Cultivation Display in BSCIC Industry fair Awareness Development; Local Tourism

57 # Organization/NGO Contact Person Address Activities Where Active Development Project Development of Tourism Industry; CHT Forest Development Project Forest Management Skill Development; HIV / AIDS Project Awareness Raising; SAMPRETI, Phase II Quality Improvement of Primary Education; WATSAN CMWSP, CHT European Comition & TIDES Foundation; CHT Textile Development Program Skill Development; Gender Project Gender Awareness and Skill Development; Human Rights Education Program ToT; Rat Flood Survey Rat Flood affected Area; Health Education Project Health Education in Local Language; Identification of drug addicted Survey; Blind Children s Treatment Project Operation of Blind Children; Socio-Economic Status Survey of HDRC & UNDP Baseline Survey; Information Communication Training program 6 Green Hill Oung Thowai Ching Executive Director Champak Nagar, Rangamati Tel: moung@greenhill-cht.org Green Hill Based in the Chittagong Hill Tracts of Bangladesh, Green Hill is a people s non-political development organization, and was established on A-11

58 A-12 # Organization/NGO Contact Person 7 Taungya Amar Shadha Chakma Executive Director Monobashis Chakma, In Charge, Education Project Dozy Tripura, In Charge Rural Development and Gender Issues 8 Centre for Indigenous Peoples Development (CIPD) Rupayan Dewan cipd@aitbd.net Address Activities Where Active Raw-Zo House, Champak Nagar Rangamati Hill Tracts-4500 Tel: Fax: greenhil@citechco.net Web Page: www. greenhill-cht.org March 2, 1994 by some dedicated and highly educated tribal social workers and philanthropists of Rangamati, Chittagong Hill Tracts. We want to uplift the socio-economic status of North Kalindipur, Rangamati Tel: taungyacht@gmail.com AboutUs.aspx Good web site, description of projects, goals Rajbari road, Rajbari, Rangamati Tel: aukcipd@gmail.com w=article&id=47&itemid=55 Adivasi Unnayan Kendra (Center for Indigenous Peoples Development-CIPD) Roy Bahadur Road (T & T Area) Rangamati Bangladesh cipdauk@yahoo.com , poor CHT communities, Established by Raja Devashish Roy, Developed Research Center, crop practice, marketing in Rangamati, funded by Echo- Netherland; Gender training; Multi-lingual Primary education in remote areas, income generating activities for 22 schools, 39 Unions covered with forest/plantation programs, 38 VCF cooperates, issue of tenure Community Empowerment Program (CEP) Donor/ Partner: UNDP- CHTDF Budget and duration: BDT. 1,40,00,000 (April 2004-May 2009 & May 2009-December 2013) Objectives: To empowerment community people of CHT by generating awareness, building confidence and spirit of self reliance Activities: Formation of Para Six projects ongoing in more than 150 paras. CEP- Rajosthali & Bilaichari Karbari each para. Working Area & Coverage: Unions: Bandukbha nga, Balukhali and Jibtali Upazila: Rangamati Sadar Upazila No of Communiti

59 # Organization/NGO 9 Strategic Actions Society Contact Person Lalit C. Chakma Executive Director Address Activities Where Active cipdauk@gmail.com es: 102 The CIPD was established on 10th May 1998 with a view to providing leverage to the indigenous people of the CHT in their efforts to improve their lot Kalyanpur, Rangamati Tel: Strategic Action Society (SAS) P.O. Box 47 Rangamati-4500, Chittagongi Hill Tracts, Bangladesh. sas_lalit@yahoo.com Office Location: Kallyanpur Area, Rangamati-4500 Chittagong Hill Tracts Bangladesh Tel & Fax: , Mobile: info@sasbd.org, sas_lalit@yahoo.com Website: Development Committee (PDC), Union Facilitation Committee, Upazila Support Team/Advisory Committee; Implementation of community based projects on livestock, horticulture, fishery, cash crop production etc; Awareness Raising training, workshop, Day observation SAS is a voluntary development organization that was. established on 1st June 1999, as a consequence of. outstanding social effort by a group of indigenous young. peoples. It envisages to an equitable and just society where. peoples have overcome poverty and able to fulfill basic..needs,.and their rights are established. We hope, this website will provide an opportunity to visitors to share extensive information and learn more about.this organization. We also feel that it is essential to open the door to getting access to information and thereby.ensure organization's one of the values 'Transparency and Accountability'. We welcome valuable comments on our.working reports and any A-13

60 A-14 # Organization/NGO 1 0 Garjantali Mahila Kallayan Samity Contact Person Address Activities Where Active other information so that we can see ourselves in other's eyes.. Garjantali,Rangamati Tel Khagrachari District # Organization/NGO Contact Person Address Activities Villages Where Active 1 Assistance for the Livelihood of the Origins (ALO) 2 Bangladesh Rural- Agriculture Progressive Association (BRAPA) Arun Kanti Chakma Executive Director Chaithowai Marma Executive Director Chabai Road, Pankhaiya Para, Khagrachari-4400, Post Box-19, Chittagong Hill Tracts, Bangladesh Tel & Fax: , alo_cht@bttb.net.bd alo_cht@yahoo.com, Golabari (Raja Moni para), Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: (on request) 3 Humanity Welfare Association (HWA) Mukta Ranjan Chakma Executive Director 4 Kabidang Lalasha Chakma Executive Director 5 Khagrapur Mohila Kalyan Samity (KMKS) Shefalika Tripura Executive Director 6 Milanpur Mahila Samiti Ms. Indira Chakma Executive Director Milanpur, Khagrachari-4400, Post Box -17, Chittagong Hill Tracts, Bangladesh Tel: H# 301, Mohajanpara road, Mohajanpara, Khagrachari Tel: kabidangcht@yahoo.com Khagrapur, Khagrachari Sadar Khagrachari-4400, Bangladesh Ph: kmkscht@yahoo.com Website: Chabai Road, Pankhaiya Para, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: (on request)

61 # Organization/NGO Contact Person Address Activities Villages Where Active 7 Parbattya Jumia Swaswato Chakma Shantinecaton, Collage Para, Khagrachari-4400 Punarbashan O Paribesh Sangrakkhan (Incharge) Executive Director P.O. Box no: 12, Chittagong Hill Tracts, Bangladesh Tel: pajureco@gmail.com Sangstha (PAJURECO) 8 Parbatya Bouddha Mission (PBM) 9 Rurowa Laue Tathang (RLT) Ven.Sumonalongkar Mahatheru Executive Director Mong Mong Thun Marma Executive Director Pilot Para, Kamalchari, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: pbm@assist-net.com, pbm_cht@yahoo.com website: chtpbm.org Chabai Road, Pankhaiya Para, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel: ed_rlt@yahoo.com 10 Trinamul Unnayan Sangstha (Trinamul) Ripan Chakma Executive Director 11 Zabarang Kalyan Samity Mathura Bikash Tripura Executive Director 12 Chittagong Hill Tracts Human Resource Development Organization. (CHT- HRDO) Durbadal Chakma Executive Director Marma samsad building, Pankhaiyapar, Khagrachari-4400., Chittagong Hill Tracts, Bangladesh. Tel: trinamulcht@yahoo.com, trinamulcht@gmail.com, trinamulcht@hotmail.com Khagrachari-Dighinala Road, Khagrapur, Khagrachari- 4400, Chittagong Hill Tracts, Bangladesh Tel & Fax: info@zks-bd.org zabarang.edu@radiffmail.com Jamtala, Disani store building, Kalyanpur, Khagrachari, Chittagong Hill Tracts, Bangladesh. Tel: chthrdo@yahoo.com 13 Fowara Manatosh Marma Executive Director Nilotpal sarak, Milonpur, Khagrachari, Chittagong Hill Tracts, Bangaldesh. Tel: chtfowara@gmail.com A-15

62 A-16 # Organization/NGO Contact Person Address Activities Villages Where Active 14 Borgang Foundation- Anomudorshi Chakma Executive Director Chabai Road, Pankhaiya Para, Khagrachari-4400, Chittagong Hill Tracts, Bangladesh Tel ALAAM SUGGESTED BY SUDIBHYA/ partnership with UNDP-CHTDF 16 BIRAM SUGGESTED BY SUDIBHYA/ working partnership with Aranyak Foundation national forestry and environmental development Bandarban District # Organization/NGO Contact Person 1 Anannya Kallyan Sangathan (AKS) 2 Para Nari Kallyan Samity (BNKS) Donai Prue Neli Executive Director Hla Shing Nue Executive Director Madhyam Para Bandarban Bandarban Hill Tracts Tel: (Res.) Address Activities Villages Where Active Main. Road, K.S. Prue Market.1st Floor, Bandarban- 4600, Chittagong Hill Tracts, Bangladesh Tel: (off) (resident) ananyabb@yahoo.com, ananya@bttb.net.bd. Jadi Para, Bandarban-4600 Chittagong Hill Tracts, Bangladesh Tel: Mobile: cd.bnks@yahoo.com bnks@bttb.net.bd 3 Community Advancement Forum (CAF) 4 Gram Unnayan Sangathan Rev. L. Dolian Executive Director Chai Seing Moung Ujani Para, Bandarban-4600, Post Box 5, Chittagong Hill Tracts, Bangladesh Tel: caf_93@yahoo.com Uzanipara, Bandarban-4600, Chittagong Hill Tracts,

63 # Organization/NGO Contact Person (GRAUS) Executive Director 5 Hilly Homes Dendoha Jolai Tripura, Executive Director, 6 Hope Bridge Aung Kyaw Khing Marma Executive Director Address Activities Villages Where Active Bangladesh Tel: Fax: gra1998@bttb.net, grausbbn@gmail.com Ujani Para, Swapan Chowdhury Bldg.4th floor P.O. Bandarban-4600,Dist: Bandarban, Ph Mob: E.mail: hillyhomes_06@yahoo.com, dendoha.jolai@gmail.com Uzani Para Main Road, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: marma.akkhing@gmail.com 7 Tah Zing Dong Aung Swe Sing (Mong Re) Executive Director 8 Toymu Gabriel Tripura Executive Director 9 Eco. Development Organization Aungsathwi Marma, Executive Director Uzani Para, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: (Resident) 62983(Office) tahzingdong1999@yahoo.com Beshantha Barua Building (3rd floor), New Gulshan, Bandarban-4600, Post Box-13, Chittagong Hill Tracts, Bangladesh Tel: & Fax: toymungo@yahoo.com toymu1994@yahoo.com Mongnu Headman Building, Ground Floor,Uzani Para, Bandarban, BangladeshTel: , ecodvlpmnt@yahoo.co.in Discussed pilot agroforestry project Funding from Manusher Jonno Foundation (MJF), Dhaka coming to an end in March 2011 follow up to Met June 16 this year in Chemidulu Para of Bandarban District; A-17

64 A-18 # Organization/NGO Contact Person Address Activities Villages Where Active Andrew Dias Training Coordinator SIDR Project ECo-Development Union Para, Bandarban Sadar Bangladesh Phone Mobile Mr. Dias by IR/IP Specialist Aug 2, no response as yet Good Website for their Objectives/Activities: 10 Mro-chet Piachong Mro Executive Director 11 Chetana Shisu Sadan 12 Bandarban Disabled Peoples Organization to Development (Bandarban DPOD) Swapan Chak, Executive Director Cha Ghy Hla Chak (Chicu) Executive Director Ujani Para, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: mrochet91@gmail.com Naikhyangchari, Post Office: Naikhyangchari, Bandarban-4600, Chittagong Hill Tracts, Bangladesh Tel: (shapon chak) Circuit House Road, Memberpara, Bandarban, Tel: akrachak@bttb.net.bd 13 Humanitarian Foundation Maung Maung Shing Executive Director Cinema Hall Road, Upo Soilo Dham (4th floor) Bandarban, Tel: humanitarian@yahoo.com, Website:

65 # Organization/NGO Contact Person 14 Christian Commission for Development of Bangladesh (CCDB) 26 Address Activities Villages Where Active Focusing mainly on Bawm ethnic community. Their concentration is on livelihood restoration mainly through horticulture development. CCDB has long and wide experience on implementation of resettlement all over Bangladesh for various development projects. Right now CCDB is implementing the resettlement plan of Padma Multipurpose bridge. The Hill Tracts NGO Forum (HTNF) does not exist anymore, it was banned by government in Somewhat in different form another organization was set up latter. It s name is Maleya Foundation it can possibly represent the local NGOs Ethnic Community Development Programs: It includes five major thrusts: local self-governance (the People's Institution programme), education (including the highly successful programme to provide local schools), ethnic culture, health, food security and the economic development, and environmental conservation. Two church-based development organization - Christian Commission for Development in Bangladesh (CCDB) and Caritas are the major forces of development in the district. UNICEF is driving the education effort, which is mostly directed at younger children. A-19

66 A-20 ADB s SAFEGUARD POLICY UPDATE (SPU) Multistakeholder Consultation Workshop Manila, Philippines, November 2008 Mr. Mrinal Kanti Tripura Director Maleya Foundation Khagrapur, Khagrachari Khagrachari Hill District Chittagong Hill Tracts (CHT) Bangladesh Participants.pdf Maleya Foundation The Maleya Foundation (Maleya) was founded in 2003 by a group of committed personal of the Chittagong Hill Tracts (CHT). The Maleya Foundation was established to strengthen the capacities of major development actors of the CHT region, such as rural communities, local NGOs, community-based organizations, people s organizations and mass-based organizations, among others. w=category&id=7%3aindigenous-organizations-andnetworks&itemid=8 IP welfare associations: 1. Mro Social Council; 2. Chak Social Welfare Organization and Chak NGOs working in Bandarban such as Chetana Shishu Sadan and Chak Unnayan Samsad; 3. Khyang Tribal Welfare Association; [also Khyang] Bandarban Sadar, Rowangchari and Thanchi. Khyang Social Development Organization; [Kyang] Christian and Cultural Development Organization works for the Lai Tu clan only; 4. Bawm Social Council; 5. Tripura Sangshad (K.) and Tripura Kallyan Samity; 6. Tanchangya Welfare Association; 7. and for Chakma/Marma/others?

67 District Appendix C: UNDP (CHTDF, 2001) and Updated Matrix for Selection of Prioritized Upazilas LESS DEVELOPED UPAZILA RANKING BY CHTDF, 2001 Food Vulnerability Staff Vacancy NGO/ Literacy Investment Insecurity Risk Upazila Ranking by In Line Union by Rate by Situation by Ranking Situation DFID/UNICEF Departments ADB ADB ADB by WFP Khagrachari Laxmichari Matiranga Dighinala Manikchari Panchari Ramgarh Mahalchari Khagrachari Rangamati Belaichari Langadu Barkal Jurachari Baghaichari Rajasthali Naniarchar Kaptai Rangamati Kowkhali Bandarban Thanchi Rowangchari Ruma Naikhyangchari Lama Alikadam Bandarban Notes on weightage 1. On WFP ranking of food insecurity, points are given as: Very High = 20, High =15, Moderate=10 and Low=5 2. On DFID/ UNICEF ranking of Vulnerability, points are given as: Very High = 20, High =15, Moderate=10 and Low=5 3. On government staff position, the Upazilas were clustered and those having highest percent of vacant positions were given 20, then 15, 10 and On NGO coverage, the Upazilas were clustered and those having lowest NGO/Union were given 20, then 15, 10 and On Literacy rate, the Upazilas were clustered and those having lowest literacy rate were given 20, then 15, 10 and On Risk Situation, the Upazilas were clustered and Minimum Risk is given 20, Medium Risk is given 10 and High Risk is given On Investment, the Upazilas were clustered and those having lowest level of private investment were given 20, then 15, 10 and 5. Total Points Ranking A-21

68 A-22 District Upazila Food insecurity ranking by WFP LESS DEVELOPED UPAZILA RANKING BY DISTRICT, 2010 Staff Vulnerability Literacy vacancy in NGO/Union ranking by rate by line by ADB DFID/UNICEF ADB Departments Investment situation by ADB Total points Ranking within District 1 Khagrachari Laxmichari Matiranga Dighinala Manikchari Panchari Ramgarh Mahalchari Khagrachari Rangamati Belaichari Langadu Barkal Jurachari Baghaichari Rajasthali Naniarchar Kaptai Rangamati Kowkhali Bandarban Thanchi Rowangchari Ruma Naikhyangchari Lama Alikadam Bandarban Notes on Weighted Rankings: The original UNDP-CHTDF 2001 rankings were modified in order to rank the development of Upazilas by District, and this was used to develop maps used in the IPP. Less Developed Upazilas are proposed for Prioritization in CHTRDP-II. 1. On WFP ranking of food insecurity, points are given as: Very High = 20, High =15, Moderate=10 and Low=5 2. On DFID/ UNICEF ranking of Vulnerability, points are given as: Very High = 20, High =15, Moderate=10 and Low=5 Ranking across Districts

69 3. On Government Staff Position, the Upazilas were clustered and those having highest percent of vacant positions were given 20, then 15, 10 and On NGO Coverage, the Upazilas were clustered and those having lowest NGO/Union were given 20, then 15, 10 and On Literacy rate, the Upazilas were clustered and those having lowest literacy rate were given 20, then 15, 10 and Risk Situation in the UNDP Index was dropped, as it is wrongly categorized, with low risk having a higher score, while for all other variables, e.g. vulnerability, high vulnerability has a high score 7. On Investment, the Upazilas were clustered, and those having lowest level of private investment were given 20, then 15, 10 and Lower number means less developed, or in this context, considered more vulnerable. A-23

70 A-24 Appendix D: The Chittagong Hill Tracts Peace Accord of 1997 Source: Found at: Under the framework of the Constitution of Bangladesh and keeping full and firm confidence in the sovereignty and integrity of Bangladesh, to uphold the political, social, cultural, educational and economic rights of all the people of Chittagong Hill Tracts region and to expedite socioeconomic development process and to preserve and respect the rights of all the citizens of Bangladesh and their development, the National Committee on Chittagong Hill Tracts, on behalf of the government of the People s Republic of Bangladesh, and Parbatya Chattagram Jana Sanghati Samity, on behalf of the inhabitants of Chittagong Hill Tracts, have reached the following agreement in four parts (A, B, C, D): A) (Ka) GENERAL 1. Both the sides have recognised the need for protecting the characteristics and attaining overall development of the region considering Chittagong Hill Tracts as a tribal inhabited region. 2. Both the parties have decided to formulate, change, amend and incorporate concerned acts, rules and regulations as soon as possible according to the consensus and responsibility expressed in different sections of the agreement. 3. An Implementation Committee shall be formed to monitor the implementation process of the agreement with the following members: a) A member nominated by the Prime Minister: Convenor b) Chairman of the Task Force formed under the purview of the agreement: Member c) President of Parbatya Chattagram Jana Sanghati Samiti: Member 4. The agreement shall come into effect from the date of the signing and execution by both the sides. This agreement shall remain valid from the date of its effect until all the steps are executed as per the agreement. B) (Kha) CHITTAGONG HILL TRACTS LOCAL GOVERNMENT COUNCIL/ HILL DISTRICT COUNCIL Both sides have reached agreement with regard to changing, amending, incorporating and omitting the Hill District Local Government Council Acts 1989 (Rangamati Hill District Local Government Council Act 1989, Bandarban Hill District Local Government Council Act 1989, Khagrachhari Hill District Local Government Council Act 1989) and its different sections which were in existence before this agreement came into being, as below: 1. The word tribal used in different sections of the Council Acts shall stay. 2. The name Hill District Local Government Council shall be amended and the name of council shall be Hill District Council. 3. Non-tribal permanent residents shall mean a person who is not a tribal but has legal land in the hill district and generally lives in the hill district at a specific address. 4. a) There shall be 3 (three) seats for women in each of the Hill District Councils. One third (1/3) of these seats shall be for non-tribals.

71 A-25 b) Sub-sections 1,2,3 and 4 of section 4 shall remain in force as per the original act. c) The words deputy commissioner and deputy commissioner s in the second line of subsection (5) of section 5 shall be replaced by circle chief and circle chief s. d) Following sub-section shall be added in section 4: Whether a person is a non-tribal shall be determined, along with the identity of non-tribal community to which he belongs, by the concerned Circle Chief on the provision of submission of certificate from concerned Headman/Pourasabha chairman/union Parishad chairman and no person can be a candidate for the office of the non-tribal member without a certificate from the concerned Circle Chief in this regard. 5. It is narrated in section 7 that a person elected chairman or member shall make an oath or announcement before the Divisional Commissioner of Chittagong. By amendment of it there shall be incorporated that the members shall make oath or announcement before a Justice of High Court Division instead of Divisional Commissioner of Chittagong. 6. The words to Divisional Commissioner of Chittagong will be replaced by as per election rules in the fourth line of section The words three years shall be replaced by five years in the second line of section There shall be a provision in section 14 that if the office of the Chairman falls vacant or in absence of the Chairman, a tribal member elected by other members of the Council shall preside and perform other responsibilities. 9. The existing section 17 shall be replaced with the sentences as mentioned below: A person shall, under the law, be eligible to be enrolled in the electoral roll, if (1) he is a citizen of Bangladesh; (2) he age is not less than 18 years; (3) he is not declared mentally unsound by any competent court; (4) he is a permanent resident of Hill District. 10. The words determination of electoral constituency shall be added in the sub-section (2) of section There shall be a provision in sub-section (2) of section 25 stating that the chairman and in his absence a tribal member elected by other members shall preside over all the meetings of the council. 12. As the entire region of Khagrachhari district is not included in the Maung circle, the words Khagrachhari Maung Chief in section number 26 of Khagrachhari Hill District Council Act shall be replaced by the words Maung Circle Chief and Chakma Circle Chief. Similarly, there shall be scope for the presence of Bomang Chief in the meeting of Rangamati Hill District Council. In the same way, there shall be provision that the Bomang Circle Chief can attend the meetings of Bandarban Hill District Council meetings if he wishes or is invited to join. 13. In sub-section (1) and sub-section (2) of section 31 there shall be a provision that a chief executive officer equivalent to the status of a deputy secretary shall be the secretary in the Council and there shall be provision that the tribal officials would be given priority for this post.

72 A a) There shall be a provision in sub-section (1) of section 32 that for the proper conduct of its affairs the Council may, with the approval of the government, create posts of various categories of officers and employees. b) Sub-section (2) of section 32 shall, by amendment, be made as follows: The Council can, in accordance with regulations, appoint class three and class four employees, and can transfer, suspend, dismiss, remove or can impose any other punitive action on them. But provided that the priority of the tribal inhabitants must be maintained in case of the said appintments. c) There shall be provision in the sub-section (3) of section 32 stating that: The government can, in consultation with the Council, appoint other officers as per regulation and can transfer, suspend, dismiss, remove or can impose any other punitive action on them. 15. In sub-section (3) of section 33 as per regulation shall be mentioned. 16. The words or any other way determined by the government placed in the third line subsection (1) of section 36 shall be omitted. 17. a) The original law shall be in force in the fourth paragraph of sub-section (1) of section 37. b) As per rules will be included in Sub-section (2), sub-sub-section (d), of section Sub-section (3) of section 38 shall be repealed and by amendment, the sub-section (4) shall be framed as follows: At any time before the expiry of the financial year, if deemed necessary, budget may be formulated and sanctioned. 19. In section 42 the following sub-section shall be added: The Council 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 Council. 20. The word government placed in the second line of sub-section (2) of section 45 shall the replaced with the word Council 21. By repealing the sections 50, 51 and 52, the following section shall be made: The government, if deemed necessary, may advice or order the Council, in order to ensure conformity with the purpose of this Act. If the government is satisfied with definite proof that anything done or intended to be done by the Council, or on behalf of the Council, is not in conformity with law, or contrary to public interest, the government may seek information and clarification and give advice or instruction to the Council on the concerned matters in writing. 22. In sub-section (3) of section 53, the words if the period of super session is completed shall be repealed and within ninety days of super session shall be incorporated before the words this Act. 23. The words of the government in the third and fourth lines of section 61 shall be replaced with the words of the ministry

73 A a) By amendment, sub-section (1) of section 62 shall be made as follows: Notwithstanding anything contained in any Act for the time being in force, all members of the rank of Sub-Inspector and below of Hill District Police shall be appointed by the Council in manner laid down by regulations, and the Council may transfer and take disciplinary action against them as per procedure laid down by regulations; provided that in the manner of such appointment tribals shall be given priority. b) The words subject to the provision of all other laws for the time being in force placed in the second line of sub-section (3) of section 62 shall be repealed and substituted by the words as per rules and regulation. 25. The words providing assistance will remain in third line in section Section 64 shall be amended as follows: a) Notwithstanding anything contained in any law for the time being in force, no land, including those land suitable for giving settlement, within the boundaries of Hill District shall be given in settlement including giving lease, purchased, sold and transferred without prior approval of the Council; provided that this provision shall not be applicable in case of areas within the reserved forests, Kaptai Hydroelectricity Project, Bethbunia Earth Satellite Station, State-owned industries and factories and lands recorded in the name of government. b) Notwithstanding anything contained in any law for the being in force, no lands, hills and forests within the control and jurisdiction of the Hill District Council shall be acquired or transferred by the government without consultation and consent of the Hill District Council. c) The council can supervise and control functions of Headman, Chainman, Amin, Surveyor, Kanungo and Assistant Commissioner (land). d) Fringe land in Kaptai Lake shall be given settlement on priority basis to original owners. 27. Section 65 shall be amended as follows: Notwithstanding anything contained in any other law of for the time being in force, responsibility of collecting land development tax shall be entrusted in the Council and the said tax collected in the District shall remain in the account of the Council. 28. By amendment of section 67 it shall be made as follows: If deemed necessary for coordination of activities between the Council and government authorities, government or the Council shall put specific proposal on certain matter(s) and functions may be coordinated by mutual correspondence between the Council and the government. 29. By amendment of sub-section (1) it shall be made as follows: The government in consultation with the Council can, by notification in the official gazette, make rules for carrying out the purposes of this Act and even after the rules had been made, the Council shall have special right to file petition for reconsideration of the rules. 30. a) In the first and second paragraphs of sub-section (1) of Section 69, the words prior approval of the government shall be omitted and the following part shall be added after the words can do in the third Para:

74 A-28 Provided that if the government differs with any part of the regulation made by the Hill District Council then the government can give advice or instruction for amendment of the said regulation. b) The words transfer of power of Chairman to any officer mentioned in the (h) of sub-section (2) of section 69 shall be omitted. 31. Section 70 shall be omitted. 32. Section 79 shall be amended as follows: If in the opinion of the Council any law applicable to Hill District, passed by the national parliament or any other authority, is found to be hurtful to the district or objectionable to the tribal people, the Council may file petition in writing, for the purpose of amendment or relaxation of its application, to the government stating the reasons for which the law is being hurtful or objectionable and the government shall in the light of the petition, adopt necessary remedial measures. 33. a) The word supervision shall be added after the word order in the No. 1 of the functions of the Council in the First Schedule. b) The following subjects shall be added in the No. 3 of the functions of the Council: Vocational training; Primary education in mother tongue; Secondary education. c) The words or reserved placed in sub-section 6(b) of the function of the Council in the First Schedule shall be omitted. 34. The following subjects shall be added in the functions and responsibilities of the Hill District Council: a) Land and land management b) Police (local) c) Tribal law and social justice d) Youth Welfare e) Environment preservation and development f) Local tourism g) Improvement trust and other local government institutions except Pourasabha and Union Councils h) Licensing for local trade and business i) Proper utilization of water resources of rivulets, canals, ponds and irrigation except Kaptai lake j) Preservation of death and birth and other statistics k) Money lending and trade l) Jhum Cultivation. 35. The following sectors and sources shall be included in the taxes, rates, tolls and fees to be imposed by the Council as stated in the second schedule: a) Registration fee from non-mechanical transports b) Tax on sale and purchase of goods c) Holding tax from land and buildings d) Tax on sale of domestic animals

75 A-29 e) Fees from cases of social justice f) Holding tax on government and non-government industries g) Part of royalty from forest resources h) Supplementary tax from cinema, theatre and circus, etc. i) Part of royalty from license or lease given by the government for exploration and extraction of mineral resources j) Tax from business k) Tax from lottery l) Tax from fishing C) (Ga) THE CHITTAGONG HILL TRACTS REGIONAL COUNCIL 1. A Regional Council shall be formed in coordination with the 3 Hill District Local Government Councils provided that various sections of the Hill District Local Government Council Act 1989 (Act No. 19,20 and 21 of 1989) shall be amended with an aim to make the three Hill District Local Government Councils more powerful and effective. 2. Chairman of this Council shall be elected indirectly by the elected members of the Hill District Councils, his status shall be equivalent to that of a State Minister and he must be a tribal. 3. The Council shall be formed with 22(twenty-two) members including the Chairman. Twothirds of the members shall be elected from among the tribals. The Council shall determine its procedure of functioning. Composition of the Council shall be as follows: Chairman 1 Members Tribal 12 Members Tribal (women) 2 Members non-tribal 6 Members non-tribal(women) 1 Among the tribal members 5 persons shall be elected from the Chakma tribe, 3 persons from the Marma tribe, 2 persons from the Tripura tribe, 1 person from the Murung and Tanchangya tribes and 1 person from the Lusai, Bawm, Pankho, Khumi, Chak and Khiyang tribes Among the non-tribal members 2 persons shall be elected from each district. Among the tribal women members 1 woman shall be elected from the Chakma tribe and 1 woman from other tribes. 4. Three seats shall be reserved for women in the Council, one-third of which will be non-tribal. 5. The members of the Council shall be elected indirectly by the elected members of the Hill District Councils. Chairman 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 Hill District Councils. 6. The tenure of the council shall be five years. Budget preparation and its approval, dissolution of council, formulation of council s regulation, appointment of and control over officers and

76 A-30 employees and matters related to concerned subjects and procedures shall be similar to the subjects and procedures given in favour of and applicable for the Hill District Council. 7. A chief executive officer equivalent to the rank of a Joint Secretary of the government shall be appointed in the council and tribal candidates would be given priority in the appointment for the post. 8. a) If the office of the Chairman of the Councils falls vacant then a member from among the tribal members would be indirectly elected as Chairman by the members of Hill District Councils for an interim period. b) If any office of a member of the Council falls vacant for any reason then that shall be filled through by-election. 9. a) The Council, including coordination of all development activities conducted under the three Hill District Councils, shall supervise and coordinate the subjects vested upon the Hill District Councils. Besides these, if any lack of coordination and inconsistency is found among the Hill District Councils in discharging their responsibilities the decision of the Regional Council shall be taken as final. b) The Council shall supervise and coordinate local councils including the municipalities. c) Regional Council can coordinate and supervise in the matters of general administration, law and order and development of the three Hill Districts. d) The Council can conduct programmes related to disaster management and relief, and also coordinate the activities of the NGOs. e) Tribal laws and social justice shall be under the jurisdiction of the Council. f) The Council can issue license for heavy industry. 10. The Chittagong Hill Tracts Development Board shall discharge its responsibilities under general and overall supervision of the Council. In case of appointment of Chairman of the Development Board, the government shall give priority to competent tribal candidates. 11. If the Regional Council finds any rule of the 1900 CHT Regulations and other related laws, rules and ordinances as contradictory to the 1989 Hill District Council Acts, then the government shall remove that inconsistency in law according to recommendation of and in consultation with the Regional Council. 12. Until Regional Council is constituted through direct and indirect election the government may, by constituting an interim Regional Council, entrust the responsibilities of the Council on it. 13. If the government wants to formulate any law regarding CHT, it shall do so in consultation with and according to the recommendation of the Regional Council. If there arises the necessity to amend any law that may be harmful for development of the three Hill Districts or for the welfare of the tribals, or to make any new law, the Councils may file a petition or put recommendation before the government. 14. The fund of the Council shall be created from the following sources:

77 A-31 a) Fund received from the Hill District Councils fund; b) Money or profits from all properties vested in and managed by the Regional Council; c) Grant and loan from the government or any other authority; d) Grant from any institution or individual; e) Profit accruing from investment by Regional Council; f) Any other moneys received by the Regional Council; g) Money received from such sources of incomes as the government may direct to be placed at the disposal of the Regional Council. D) (Gha) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS Both sides have reached the following position and agreement to take programmes for restoring normal situation in Chittagong Hill Tracts area and to this end on the matters of rehabilitation, general amnesty and others related issues and activities: 1. An agreement has been signed between the government and he refugee leaders on March 9, 1997 with an aim to take back the tribal refugees from India s Tripura State based on the 20- point Facilities Package. In accordance with the said agreement repatriation of the refugees started since March 28, This process shall continue and with this in view, the Jana Sanghati Samiti shall provide all kinds of possible cooperation. The Task Force shall, after determination, rehabilitate the internally displaced tribal people of three districts. 2. After signing and implementation of the agreement between the government and the Jana Sanghati Samiti, and after rehabilitation of the tribal refugees and internally displaced tribal people, the government, in consultation with the Regional Council to be formed as per this agreement, shall start cadastral survey in CHT as soon as possible and after finalization of land ownership of tribal people by settlement of land dispute through proper verification, shall record their land and ensure their land rights. 3. The government, to ensure the land rights of the tribal families which are landless or possess less than 2 acres of land, shall provide two acres of land to each such family, provided that lands are available in the locality. If requisite lands are not available then grove land shall be provided. 4. A commission (Land Commission) headed by a retired justice shall be formed for settling land disputes. This commission, in addition to settling disputes of lands of the rehabilitated tribal refugees, shall have full power for cancellation of ownership of those lands and hills which have been so far illegally settled and occupied. No appeal can be made against the judgement of this commission and decision of this commission shall be final. This shall also be applicable in case of fringe land. 5. This commission shall be set up with the following members: Retired justice; Circle chief (concerned); Chairman of Regional Council/representative; Divisional Commissioner/Additional Commissioner Hill District Council Chairman (concerned) 6. a) The term of the commission shall be three years. But its term can be extended in consultation with the Regional Council.

78 A-32 b) The Commission shall settle disputes according to the existing rules, customs and practices of Chittagong Hill Tracts. 7. The tribal refugees who received loans from the government but could not utilize them properly due to conflicting situation shall be exempted from repayment of loans and interests. 8. Allotment of lands for rubber plantation and other purposes: Settlement of land, of those nontribals and non-locals who were given settlement of lands for rubber plantation and other purposes but had not undertake project within the past 10 years or had not utilized their lands properly, shall be cancelled. 9. The government shall allot additional funds on priority basis for implementation of increased number of projects in CHT. New projects formulated with an aim to make necessary infrastructures for facilitating development in the area shall be implemented on priority basis and the government shall provide funds for these purposes. The government shall, considering the state of environment in the region, encourage developing tourism for tourists from within the country and abroad. 10. Quota reservation and scholarships: Until development equals that of other regions of the country the government shall continue reservation of quota system in government services and educational institutions for the tribals. For this purpose, the government shall grant more scholarships for the tribal students in the educational institutions. The government shall provide necessary scholarships for research works and higher education abroad. 11. The government and the elected representatives shall be active to preserve the distinctiveness of the tribal culture and heritage. The government in order to develop the tribal cultural activities at the national level shall provide necessary patronization and assistance. 12. The Jana Samhati Samiti shall submit to the government the lists of all its members including the armed ones and the arms and ammunition under its possession and control within 45 days of signing this agreement. 13. The government and the Jana Samhati Samiti shall jointly determine the date and place for depositing arms within the 45 days of signing this agreement. After determination of date and place for depositing arms by the members included in the list of the Jana Samhati Samiti the government shall ensure security for return of JSS members and their family members to normal life. 14. The government shall declare amnesty for the members who shall deposit their arms and ammunition on the scheduled date. The government shall withdraw the cases against whom cases have been lodged. 15. If anyone fails to deposit arms on the scheduled date the government shall take lawful measures against him. 16. After the return of all JSS members to normal life general amnesty shall be given to them and to the permanent residents who were involved in the activities of the Jana Sanghati Samiti. a) In order to provide rehabilitation to all returnee JSS members a lump sum of Taka 50,000/- shall be given to each family.

79 A-33 b) All cases, warrants of arrest, held against any armed member or general member of the Jana Sanghati Samiti shall be withdrawn and punishment given after trial in absentia shall be exempted after surrender of arms and coming back to normal life as soon as possible. Any member of the Jana Sanghati Samiti in jail shall be released. c) Similarly, after surrendering arms and coming back to normal life, no case can be filed or no punishment can be given to any person for merely being a member of the Jana Sanghati Samiti. d) The loans obtained by the members of the Jana Sanghati Samity from different government banks or other agencies but could not be utilised owing to conflicting situation would be exempted with interest. e) Those members of the PCJSS who were employed in various government jobs shall be absorbed in their respective posts and the eligible members of their family shall be given jobs as per their qualifications. In such cases, the government principles regarding relaxation of age would be followed. f) Bank loans of soft terms shall be given to the members of the PCJSS for cottage industry and horticulture and other such self-employment generating activities. g) Educational facilities shall be provided for the children of the Jana Sanghati Samity members and the certificates obtained from foreign board and educational institutions shall be considered as valid. 17. a) After signing of the agreement between the government and the Jana Sanghati Samiti and immediately after the return of the JSS members to normal life, all the temporary camps of military, Ansar and Village Defence Party shall be taken back to permanent installations except the border security force (BDR) and permanent cantonments (three at the three District Headquarters and Alikadam, Ruma and Dighinala) by phases and with this in view, the time limit shall be determined. In case of deterioration of the law and order situation, natural calamity and such other works the army can be deployed under the civil administration like all other parts of the country as per relevant laws and rules. In this case, the Regional Council may, according to the necessity or time, request the proper authority for the purpose of getting assistance. b) The lands of camps and cantonments to be abandoned by military or para-military forces shall be either returned to the original owners or to the Hill District Councils. 18. The permanent residents of Chittagong Hill Tracts with priority to the tribals shall be given appointment to all categories of officers and employees of all government, semi-government, councils and autonomous bodies of Chittagong Hill Tracts. In case of non-availability of eligible persons from among the permanent residents of Chittagong Hill Tracts for a particular post, the government may give appointment on lien or for a definite period to such posts. 19. A ministry on Chittagong Hill Tracts Affairs shall be established by appointing a Minister from among the tribals. An Advisory Council shall be formed to assist this ministry with the persons stated below: a) Minister on CHT Affairs b) Chairman/representative, Regional Council; c) Chairman/representative, Rangamati Hill District Council; d) Chairman/representative, Bandarban Hill District Council; e) Chairman/representative, Khagrachari Hill District Council;

80 A-34 f) Member of Parliament, Rangamati; g) Member of Parliament, Bandarban; h) Member of Parliament, Khagrachari; i) Chakma Raja; j) Bohmang Raja; k) Mong Raja; l) Three members from non-tribal permanent residents of hilly areas nominated by the government from three Hill Districts. This agreement is framed as above in Bengali language and is done and signed in Dhaka on the date of 02 December, 1997 A.D., 18 Agrahayan 1404 Bengali year. On behalf of the inhabitants of Chittagong Hill Tracts SD/- (Jyotirindra Bodhipriya Larma) President Parbattya Chattagram Jana Sanghati Samiti On behalf of the government of the Peoples Republic of Bangladesh SD/- (Abul Hasanat Abdullah) Convenor National Committee on Chittagong Hill Tracts Affairs, Government of Bangladesh

81 A-35 Appendix E: CHT/IP Sources Asian Development Bank (ADB) Draft Final Report. TA 6325 (REG): Promoting Effective Water Management Policies. Chittagong Hill Tracts Study On Potential For Integrated Water Resources Management and Practices Phase 5. Dhaka. February. 60 pp. ADB Second Chittagong Hill Tracts Rural Development Project (Chtrdp Ii), Terms of Reference, Socio-Economic Assessment on Poverty and Inclusive Growth. April pp. ADB ADB Policy Paper: Safeguard Policy Statement. Manila. June. 29 pp + Appendixes. ADB R Technical Assistance for Targeted Capacity Building for Mainstreaming Indigenous Peoples Concerns in Development. Manila, December pp + Appendixes. ADB; GoB, Ministry of Land TA 4517-BAN, Development of a National Policy on Involuntary Resettlement. Draft Final Report. Annex 1: Review of Land Laws and Regulatory Framework. Dhaka: Halcrow Group Limited, Bangladesh Consultants Limited, and Rural Management Consultants Limited. August ADB Chittagong Hill Tracts Regional Development Plan (ADB TA # BAN) Final Report No. 13: Legal Issues in the CHT. Rangamati: KIT in association with SODEV Consult, CDP, ARCADIS EUROCONSULT, DPC. February. ADB Bangladesh: Chittagong Hill Tracts Rural Development, Indigenous Peoples Development Plan, Supplementary Appendix E, page 1, Document Stage: Final Project Number: ADB Report and Recommendation of the President (RRP: BAN 32467) R Proposed Loan, Chittagong Hill Tracts Rural Development Project (Bangladesh). Manila. October pp + Appendixes. Adnan, Shapan The Political Economy of Border Control and Manipulation in the Context of Ethnic Domination and Capitalist Expansion in the Chittagong Hill Tracts of Bangladesh. Draft paper presented at SSRC conference on Inter-Asian Connections in Dubai during February. Library/Documents/IndigenousIssues/CHT/BORDER%20PAPER-8.0.doc Adnan, Shapan Paradoxical Aspects of Poverty and Development: The Case of Ethnic Minority Groups in the Chittagong Hill Tracts of Bangladesh. Paper presented at Sixth ASEAN Inter-University Seminar on Social Development Universiti Sains Malaysia, Penang, July. PAPER-4.doc Ahsan, Selina. The Marmas of Bangladesh Dhaka: HRDP, Winrock International, BARC, Farmgate. June Barua, B.P Ethnicity and National Integration in Bangladesh: A Study of the Chittagong Hill Tracts. New Delhi: Har Anand Publications, July 30.

82 A-36 Bertocci, Peter J. Resource Development and Ethnic Conflict: Chittagong Hill Tribes of Bangladesh, in Qureshi, Mahmud Shah, ed Tribal Cultures in Bangladesh. Rahshahi University: Institute of Bangladeshi Studies. pp Bhaumik, Subir Troubled Periphery: The Crisis of India's North East (SAGE Studies on India's North East). New Delhi: Sage Publications Pvt. Ltd Bhaumik, Subir Insurgent Crossfire North-East India. New Delhi: Spantech & Lancer. Brauns, Claus-Dieter (Author); Lorenz G. Loffler (Author); and D. Wagner-Glenn (Translator) Mru: Hill People on the Border of Bangladesh. Berlin: Birkhauser Verlag Center for Environmental and Geographic Information Services (CEGIS) and Bangladesh Center for Advanced Studies Final Technical Report: Chittagong Hill Tracts Improved Natural Resources Management (CHARM). Dhaka. 28 pp + Appendixes. Chakma, Kirti Nishan Capacity Building for Mainstreaming Indigenous Peoples Concerns in Development, Capacity Assessment Report: Bangladesh. Dhaka: ADB. April Chakma, Kirti Nishan Capacity Building of CHT Institutions, a Briefing Note. 7 pp. Chakma, Kirti Nishan Capacity Building of the Traditional Leadership & Institutions in the CHT, a Briefing Note. 4 pp. Chittagong Hill Tracts Commission Report of the Chittagong Hill Tracts Commission s Mission in Bangladesh. Dhaka. August pp. Government of the People s Republic of Bangladesh (GoB) Draft Project Completion Report: ADB Loan 1771-Ban (SF), Chittagong Hill Tracts Rural Development Project, Dhaka: Ministry of Chittagong Hill Tracts Affairs. June. 30 pp + Appendixes. GoB English Version of Chittagong Hill Tracts Regional Council Act, 1998 (Act 12 of 1998) published in Bengali. Dhaka: Bangladesh Gazette. May pp. GoB Rangamati Hill District Council Act 1989 (As amended up to 18 September 2000). Dhaka. 27 pp. GoB The Chittagong Hill-Tracts (Land Acquisition) Regulation, Dhaka GoB The Chittagong Hill Tracts Regulation, 1900 (I of 1900). Dhaka. 52 pp. Halim, Sadeka; Raja Devasish Roy; Susmita Chakma; and Sudatta Bikash Tanchangya. n.d. Bangladesh: The Interface of Customary and State Laws in Chittagong Hill Tracts. pp [BRIDGING THE GAP] Hossain, Sara, Meghna Guhathakurta, and Raja Devasish Roy Access to Justice for Indigenous Peoples In Bangladesh Analytical Paper under the Action-Oriented Case Studies on Inclusive Governance for Disadvantaged Groups, sponsored by the UNDP Regional Centre in Bangkok. Dhaka: UNDP. August pp + Appendixes. ILO. C107 Indigenous and Tribal Populations Convention, Geneva: ILO. 1957

83 A-37 Internal Displacement Monitoring Centre (IDMC) and the Norwegian Refugee Council (NRC) Bangladesh: Indigenous People and Religious Minorities Still Affected By Displacement: A Profile of the Internal Displacement Situation. Geneva: IDMC & NRC. July 16th 36 Jumma Net Chittagong Hill Tracts White Paper, The Issues of Conflict, Human Rights, Development, and Land of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh (First English version). Tokyo, Japan: February pp + Appendixes. Khan, Niaz Ahmed; Taco Bottema; and Prasenjit Chakma Draft Assessment of the Implementation of the Chittagong Hill Tracts Peace Accord of Dhaka: Office of the United Nations Resident Coordinator in Bangladesh (UNRC). Restricted. February LGED Inception Report. Project Number: TA-6503 (REG) Technical Assistance for Targeted Capacity Building for Mainstreaming Indigenous Peoples Concerns in Development. Regional Capacity Development Technical Assistance Manila, Philippines: ADB. October 12 pp + Appendixes Mohaiemen, Naeem, Ed Between Ashes and Hope: Chittagong Hill Tracts in the Blind Spot of Bangladesh Nationalism. Dhaka: Drishtipat Writers Collective. Mohsin, Amena The Chittagong Hill Tracts, Bangladesh: On the Difficult Road to Peace (International Peace Academy Occasional Paper Series). Dhaka: Lynne Rienner Publishers Mohsin, Amena Politics of Nationalism: The Case of the Chittagong Hill Tracts, Bangladesh. Dhaka: The University Press Limited. Perera, Jayantha, ed Land and Cultural Survival: The Communal Land Rights of Indigenous Peoples in Asia. Manila: ADB. Rafi, Mohammad Small Ethnic Groups of Bangladesh. Dhaka: Panjeree Publications Limited; 1st edition Rafi, Mohammad and A. Mushtaque R. Chowdhury, editors Counting the Hills: Assessing Development in Chittagong Hill Tracts. Dhaka: The University Press Limited Rasul, Golam and Gopal B. Thapa. N.d. State Policies, Praxies and Land-use in the Chittagong Hill Tracts of Bangladesh. Bangkok, Thailand: Regional and Rural Development Planning, School of Environment, Resources and Development, Asian Institute of Technology. 18 pp. Roy, Raja Devasish The ILO Convention on Indigenous and Tribal Populations, 1957 (No. 107) and the Laws of Bangladesh: A Comparative Review. Geneva/Dhaka: International Labour Organization (ILO). 72 pp + Appendixes. Roy, Raja Devasish Brief Note on the Chittagong Hill Tracts Land Disputes Resolution Commission (Land Commission). Dhaka. May 6. Roy, Raja Devasish and Sadeka Halim Ethnicization of Resource Conflicts between Indigenous Peoples & Settlers through Population Transfer: The Case of the Chittagong Hill Tracts, Bangladesh. Dhaka

84 A-38 Roy, Raja Devasish Traditional Customary Laws and Indigenous Peoples in Asia. London: Minority Rights Group International (MRG). March. 27 pp. Roy, Raja Devasish Land and Forest Rights in the Chittagong Hills. Kathmandu, Nepal: International Centre for Integrated Mountain Development (ICIMOD). July. 41 pp. Roy, Rajkumari Chandra Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts in Bangladesh. Copenhagen: International Work Group for Indigenous Affairs (IWGIA) Roy, Raja Devasish The Chittagong Hill Tracts Administration, in Philip Gain (ed), Chittagong Hill Tracts: Life and Nature at Risk, Dhaka: Society for Environment and Human Development (SEHD). pp Roy, Raja Devasish The Land Question and the Chittagong Hill Tracts Accord, in Victoria Tauli Corpuz et al (eds.), The Chittagong Hill Tracts: The Road to a Lasting Peace, Tebtebba Foundation, Baguio City, Philippines. 16 pp. Schendel, Willem Van; Wolfgang Mey & Aditya Kumar Dewan Chittagong Hill Tracts: Living in a Borderland. Dhaka: University Press Ltd. United Nations Development Program (UNDP), Chittagong Hill Tracts Development Facility (CHTDF) Socio-economic Baseline Survey of Chittagong Hill Tracts. Dhaka: Human Development Research Centre (HDRC). April pp + Appendixes. Singh, Deepak K Stateless in South Asia: The Chakmas between Bangladesh and India. (SAGE Studies on India's North East). New Delhi: Sage Publications India Pvt. Ltd. Sopher, David E Population Dislocation in the Chittagong Hills, in Geographical Review, Vol LIII, New York. UNDP-CHTDF (Chittagong Hill Tracts Development Facility) Socio-economic Baseline Survey of the Chittagong Hill Tracts. Dhaka: Human Development Research Centre (HDRC), April 8. United Nations World Food Program (WFP) Rural Bangladesh Socio-Economic Profiles of WFP Operational Areas & Beneficiaries. Dhaka: Technical Assistance NGO (TANGO International). October. 196 pp + Appendixes. Van Riessen Arend, et al Draft Final Report: Evaluation of Promotion of Development and Confidence Building in CHT. Wichita, Kansas: Transtec. November. 68 pp + Appendixes. WaterAid, Bangladesh Assessment of the Underlying Causes for the Deterioration of Water Flow in the Natural Springs of Chittagong Hill Tracts Districts. Dhaka: Center for Environmental and Geographic Information Services and Bangladesh Center for Advanced Studies. April. 55 pp + Appendixes. Zakir Kibria The Dam at Kaptaimukh in Bangladesh: Proposed Extension Plan and Issues of (Non-) Compliance. Nairobi, Kenya: Presented to the Dams and Development Project (DDP) Addressing Existing Dams, June 14-16, 2004, United Nations Environment Programme (UNEP). 4 pp.

85 A-39 Appendix F: Report of Consultation Two Day Workshops with Stakeholders, Bandarban, Kagraichari, and Rangamati, November 2-25, 2010 Report of Consultation with Stakeholders A. Land Acquisition and Resettlement Framework (LARF) B. Indigenous Peoples Planning Framework (IPP) C. Institutional Capacity Building In Bandarban District, November 2-3, 2010 Project Preparatory Team Chittagong Hill Tracts Rural Development Project, Phase II Asian Development Bank

86 A-40 Background : The phase-ii of ADB s Chittagong Hill Tracts Rural Development Project s preparation started from June 10 and is expected to be wrapped up in December 10. The project will include separate planning frameworks; namely, a Land Acquisition and Resettlement Framework (LARF), and an Indigenous Peoples Planning Framework (IPP). The project will also include a separate component on the strengthening of the project partner/implementing institutions in the CHT. Being a Category A project as per AD criteria, the overall preparation of the project document in general but the LARF and IPP in particular, entails carrying out comprehensive consultation with all relevant stakeholders based on the principles of Free, Prior and Informed Consent (FPIC) and incorporate those feedback from the consultations in the above planning documents and the project document as well. A series of consultations, thus, have been planned across the CHT, to be held in the three Hill Districts headquarters. The workshops in Bandarban were held on 2 & 3 November 10; 2 November on the IPP and the institutional strengthening issues and 3 November on the LARF. The venue was at the auditorium of the Upajatiyo Nabodoy Sangha, Ujani Para. The participants in both workshops comprised of representatives of government, CHT decentralized institutions, IP leaders, community leaders and as well as local NGO. The list of the participants is given in the Annex 1. Both workshops started with PowerPoint presentations by the PPTA consultants that explained the overall design of the CHTRDP II and the key issues considered for the LARF, IPP and the institutional strengthening (the programme is attached in Annex-2). The presentations were followed with open discussion; taking questions/queries and suggestions from the participants. Additionally, a group work exercise was carried out on the first day. Issues raised in the Consultations The participants came with a number of important queries and suggestions on the CHTRDP II design, LARF, IPP and the institutional capacity building issues. The key points are provided below; Targeting specifically the Smaller Ethnic Groups as project beneficiary is a very good idea and should be supported. But how about the indigenous communities in general who live in remote and inaccessible place and are usually left out of all development interventions? With regard to the smaller groups, how will the project reach them given that they are geographically dispersed and usually live in remote areas? Furthermore, they have little

87 A-41 voice and/or representations, so how could one be sure that during the project s implementation stage, they will not be forgotten once again? Given that vast majority of the indigenous peoples in the CHT do not have the land ownership papers, how can one be sure that they will get appropriate compensation for lands acquired from them? Who will decide the amount of compensation? It is imperative that the representatives of the indigenous peoples/communities are involved in the compensation process. How and who will assess the environmental and social impacts of roads construction? Fro such impact assessment, it is absolutely important that local experts and institutional representatives are involved. Who will select the communities or beneficiaries? Could an individual get scheme from the project? The CHT institutions the HDCs and the RC being most important do not have capacity to assume large project implementation role. They need comprehensive institutional strengthening support, including additional manpower. How would ADB ensure that with road construction further infiltration of outsiders along the roads do not happen? Will the women headed households get appropriate compensation, given that their land ownership is not always recognized even by the indigenous communities? Given that the Union Parishads, HDCs and Upazilla parishads are likely to be involved in the project implementation and their role in quality control and tendering, it is important that they receive an orientation on the government s Public Procurement Rules (PPR). Given the role the Traditional Institutions play in CHT in the land administration system and their possible role in the resettlement and compensation issues, it is important that the project includes specific training and orientation on the LARF in particular and the land administration issues in general. Conclusion: The workshop took note of the queries and suggestions from the participants. Kirti Nishan Chakma, National Consultant on Indigenous People and Capacity Building facilitated both the workshops. Tod Raagsdale, International Consultant on Indigenous Peoples and Resettlement was also present. Participants List: Workshop on Institutional Strengthening Issues, and Indigenous Peoples Planning Framework (IPP) 2 November 2010 Sl. Name of Participant Designation/Occupation and Organization 1 Mr. Sohel Imam Khan ADC General, Deputy Commissioner Office, Bandarban 2 Ahmad Shafi Assisstant Engineer, LGED, Bandarban 3 A. T. M. Tifazzal Hossain District Fishery Officer, District Fishery Office, 4 Mr. Hasan Imam Upazila Agriculture Officer, Sadar Agriculture Extension Office, Bandarban

88 A-42 5 Mr. Saw Hla Prue Representative, Bomang Circle Chief, Bandarban 6 Mr. Rang Lai Mro Headman, Renikkyong Mouza, Sualak Union, Bandarban 7 Mr. Gabriel Tripura Executive Director, TOYMU, Bandarban 8 Mr. Mong Thowai Aung Project Director, Tah Zing Dong, Bandarban 9 Ms Hla Ching Nue Executive Director, BNKS, Bandarban 10 Mr. Zuam Lian Amlai President, Bawm Social Council, Bandarban 11 Mr. Mong Mong Chak President, Chak Sangsad, Bandarban 12 Mr. Shi Aung Khumi General Secretary, Khumi Kohom, Bandarban 13 Mr. Bacha Khyang Vice President, Khyang Social Council, Bandarban 14 Mr. Hla Towai Hre Marma Chairman, Rowangchari Upazila, Bandarban 15 Mr. Tofael Ahmed Chairman, Naikkyongchari Upazila, Bandarban 16 Ms U Meya Ching Marma Vice-Chairman, Ruma Upazila, Bandarban 17 Mr. Ba Thowai Ching Marma Chairman, Gajalia UP, Lama, Bandarban 18 Mr. Shamvu Kumar Taunchangya Chairman, Nowapatang UP, Rowangchari, Bandarban 19 Mr. Nasrang Tripura Karbari, Mariam Para, Thanchi, Bandarban 20 Mr. Leng Pung Mro Karbari, Ranglai Mro Para, Sualak Union, Bandarban 21 Mr. U Chai Hla Marma Marma Community, Ujanipara, Bandraban 22 Mr. Nue Sae Hla Marma Marma Community, Ujanipara, Bandarban Participants List Workshop Land Acquisition and Resettlement Framework (LARF) 3 November 2010 Sl. Name of Participant Designation/Occupation and Organization 1 Mr. Saw Hla Prue Representative, Bomang Circle Chief 2 Mr. Lelung Khumi Planning Officer, Bandarban Hill District Council, Bandarban 3 Ms Hla Kroy Prue Khyang Khyang Community, Bandarban 4 Ms Dawt Nem Lancheu NGO Worker, Bandarban 5 Mr. Rang Lai Mro Headman, Renikkyong Mouza, Sualak Union, Bandarban 6 Mr. Sadhan Kumar Chakma Project Coordinator, Eco-Development, Bandarban 7 Mr. Men Pung Mro Executive Director, Mrochet, Bandarban

89 A-43 8 Ms Hla Ching Nue Executive Director, BNKS, Bandarban 9 Mr. Zuam Lian Amlai President, Bawm Social Council, Bandarban 10 Mr. Buddyo Jyoti Chakma Journalist, Daily Prothom Alo, Bandarban 11 Mr. Hasan Imam Upazila Agriculture Officer, Sadar Upazila, Bandarban 12 Mr. Ahmed Shafi Assistant Engineer, LGED, Bandarban 13 A. T. M. Tofazzal Hossain District Fishery Officer, District Fishery Office, Bandarban 14 Mr. Shi Aung Khumi General Secretary, Khumi Kohom, Sadar, Bandarban 15 Mr. Hla Towai Hre Marma Chairman, Rowangchari Upazila, Bandarban 16 Ms Umay Ching Marma Vice-Chairman, Ruma Upazila, Bandarban 17 Mr. Ba Thwai Ching Chairman, Gajalia UP, Lama, Bandarban 18 Mr. Shamvu Kumar Chairman, Nowapatang UP, Rowangchari, Bandarban Taunchangya 19 Mr. Nasrang Tripura Karbari, Mariam Para, Thanchi, Bandarban 20 Mr. Leng Pung Mro Karbari, Ranglai Mro Para, Sualak Union, Bandarban 21 Mr. Johny Lusai Lusai Community, Bandarban 22 Mr. U Chai Hla Marma Marma Community, Ujanipara, Bandraban 23 Mr. Nue Sae Hla Marma Marma Community, Ujanipara, Bandraban

90 A-44 Program of the Workshops: Stakeholders Consultation On Institutional Strengthening Issues, and Indigenous Peoples Planning Framework (IPP) for Chittagong Hill Tracts Development Project, Phase II 2 November 2010, Bandarban Venue: Upajatiyo Nobodoy Sangha, Ujanipara, Bandarban Programme Schedule 9.00 Arrival and registration Introduction of the participants 9:35 10:30 Presentation on; CHTRDP project goals and key features Institutional landscape of CHT governance/administration Key institutional capacity building issues by Kirti Nishan Chakma Tea Break 11:00 12:30 Open Discussion 12: Lunch Break 13:30 15:00 Group Work (4 groups) 15:00 16:00 Presentation of Group Works 16:00 16:30 Q & A

91 A-45 Stakeholders Consultation On Land Acquisition and Resettlement Framework (LARF) For Chittagong Hill Tracts Development Project, Phase II 3 November 2010, Bandarban Venue: Upajatiyo Nobodoy Sangha, Ujanipara, Bandarban Programme Schedule 9.00 Arrival and registration Introduction of the participants 9:35 10:30 Presentation on the CHTRDP project goals Key features and requirements of Indigenous Peoples Plan (IPP), and Land Acquisition and Resettlement Framework (LARF) Major development issues of the Indigenous Peoples in CHT by Kirti Nishan Chakma and Tod Ragsdale Tea Break 11:00 12:30 Open Discussion 12: Lunch Break 13:30 15:00 Group Work (4 groups) 15:00 16:00 Presentation of Group Works 16:00 16:30 Q & A

92 A-46 Report of Consultation with Stakeholders A. Land Acquisition and Resettlement Framework B. Indigenous Peoples Planning Framework C. Institutional Capacity Building In Khagrachari District November 10-11, 2010 Project Preparatory Team Chittagong Hill Tracts Rural Development Project, Phase II Asian Development Bank

93 A-47 Background: The phase-ii of ADB s Chittagong Hill Tracts Rural Development Project s preparation started from June 10 and is expected to be wrapped up in December 10. The project will include separate planning frameworks; namely, a Land Acquisition and Resettlement Framework (LARF), and an Indigenous Peoples Planning Framework (IPPF). The project will also include a separate component on the strengthening of the project partner/implementing institutions in the CHT. Being a Category A project as per ADB criteria, the overall preparation of the project document in general but the LARF and IPPF in particular, entails carrying out comprehensive consultation with all relevant stakeholders based on the principles of Free, Prior and Informed Consent (FPIC) and incorporate those feedback from the consultations in the above planning documents and the project document as well. A series of consultations, thus, have been planned across the CHT, to be held in the three Hill Districts headquarters. The workshops in Khagrachari were held on 10 & 11 November 10; 10 November on the IPPF and the institutional strengthening issues and 11 November on the LARF. The venue was at the auditorium of the Rega Bhavan, Milanpur. The participants in both workshops comprised of representatives of government, CHT decentralized institutions, IP leaders, community leaders and as well as local NGO. The list of the participants is given in the Annex 1. Both workshops started with PowerPoint presentations by the PPTA consultants that explained the overall design of the CHTRDP II and the key issues considered for the LARF, IPPF and the institutional strengthening (the programme is attached in Annex-2). The presentations were followed with open discussion; taking questions/queries and suggestions from the participants. Additionally, a group work exercise was carried out on the first day. Issues raised in the Consultations The presentation was followed with a lively discussion and the participants raised a number of important issues and made comments on the CHTRDP II design, LARF, IPPF and the institutional capacity building issues. The key points are summarized below; The stipulation for compensation of acquired lands for the road construction is a very praiseworthy initiative. Particularly appreciated are the retroactive measures for compensation of lands that were acquired under the Phase I. However, the participants were unanimous that for the exercise of the customary lands rights by the region s indigenous peoples, the local leaders, particularly the Headmen and UP Chairman should be included. Otherwise, there would remain a risk for the affected persons not getting appropriate compensation. For this particular category of cases, the compensation process should be arranged outside the purview of the formal process which is done through the Deputy Commissioner s office. The HDCs, in collaboration with the Traditional leadership, may be the best institutional platform for this purpose. The project should provide orientation on the government s Public Procurement Rules. Such orientation should include the Union and Upazilla Councils, Headmen & Karbaris and as well as other stakeholders involved in the project implementation.

94 A-48 The project budget should include some honorarium for the various Project Committee members to the transports and other expenses. The LGIs (Union and Upazilla Parishad) should be involved in the subproject selection and as well as monitoring. As well as, they should have the vetting authority on the tender bids. The priority focus on the smaller ethnic groups is a praiseworthy initiative by CHTRDP II. They should get the highest focus as beneficiaries. There should be close cooperation and coordination among the HDCs, LGED and CHTDB. Otherwise there would be always risk of overlapping and duplication. The training component should consider including the following topics for training; Human rights, Gender, public procurement rules, role and functions of the Headmen and Karbaris. The project should clearly recommend the necessary steps for compensation of land acquisition. While this should remain as simple as possible and be solved at the grassroots level, in the cases where are competing claims of ownerships and involving different ethnic groups, the situation could be politically very tricky. Clearly defined rules and steps would be very required for such cases. In the Grievance Redress Committee, the Circle Chief or his representatives must be included. The average indigenous peoples do not have many skills on civil works beyond manual labour. The project should include some measures to build their skills and in terms of manual labour should get priority. The Regional Council and also the Hill District Councils do not have requisite capacity and manpower. The project should provide relevant support to build their capacity at first before even the implementation of the project starts. Development not only brings benefits, it can also create many more problems. The project must clearly stipulate any unintended impacts and how these would be mitigated. The CHT indigenous peoples have bitter experience over development. The Ministry of Land should be involved in the land acquisition. It is the government institutions in matters related to land all over the country. The official circular for land acquisition also will have to come from the Ministry of Land. Conclusion: The workshop was concluded with a note of thanks from Kirti Nishan Chakma who facilitated all the sessions. The suggestions and comments received from the participants will be incorporated in the final IPPF and the LARF.

95 A-49 Stakeholders Consultation On Institutional Strengthening Component, and Indigenous Peoples Planning Framework (IPPF) for Chittagong Hill Tracts Development Project, Phase II 10 November 2010, Khagrachari Venue: Rega Club, Milanpur Sl. Name of Participant Designation/ Occupation and Organization 1 Mr. Bira Kishore Chakma Member, KHDC, Khagarachari 2 Mr. Sagarmay Chakma Project Coordinator, Kabidang, K Chari 3 Mr. Purusottam Chakma Former Member, KHDC, K chari 4 Ms Shravasti Roy Land Officer, KHDC, K chari 5 Mr. Ashish Chakma General Secretary, TUS, K chari 6 Ms Shapla Tripura General Secretary, KMKS, K chari 7 Mr. Bhabatosh Sarkar Crop Production Specialist, DAE, K chari 8 Mr. Khetra Mohan Roaja Headman, Nunchari, K chari 9 Ms Micyangprue Marma Admin. & HR Officer, ALO, K chari 10 Ms Bashari Marma Vice-Chairman, Sadar Upazila, K chari 11 Mr. Shasanka Chakma Member, Governing Body, Survival, K chari 12 Mr. Ratan Chakma Rega, Milanpur, Khagrachari 13 Mr. Nirod Baran Chakma FA, Upazila fishery Office, Khagrachari 14 Ms Shuvra Dewan Vice-Chairman, Panchari Upazila, K Chari 15 Mr. Kongjari Chowdury Headman, Manikchari Mouza, K chari 16 Mr. Bakul Chandra Chakma Former Upazila Chairman, Panchari, K chari 17 Mr. Sona Dhan Karbari Karbari, Laxmichari, K chari 18 Mr. Mongla Karbari Karbari, Baduatuli, Manikchari, K chari 19 Mr. Dharmabir Chakma Chairman, Dighinala Upazila, K chari 20 Mr. Swe Ca Prue Chowdury Headman, Panchari, K chari 21 Mr. Gyanangkur Chakma Social Worker, Dighinala, Khagrachari 22 Mr. Sui Nue Prue Chowdury Chairman, Sindhukchari Union, Mahalchari, Khagrachari 23 Mr. Kirti Nishan Chakma ADB Consultant 24 Mr. Dhiman Khisa ADB Consultant 25 Mr. Shimul Chakma ADB Consultant

96 A-50 Stakeholders Consultation On Indigenous Peoples Planning Framework (IPPF) and Land Acquisition and Resettlement Framework (LARF) For Chittagong Hill Tracts Development Project, Phase II 11 November 2010, Khagrachari Venue: Rega Club, Milanpur Sl. Name of Participant Designation/Occupation and Organization 1 Mr. Sudha Sindhu Khisha Member, CHTs Regional Council, Khagrachari 2 Mr. Sagarmay Chakma Project Coordinator, Kabidang, K Chari 3 Mr. Purusottam Chakma Former Member, KHDC, K chari 4 Ms Shravasti Roy Land Officer, KHDC, K chari 5 Mr. Ashish Chakma General Secretary, TUS, K chari 6 Ms Shapla Tripura General Secretary, KMKS, K chari 7 Mr. Bishmoy Ranjan Tripura Member, 3 No. Golabari Union Parishad, K chari 8 Mr. Khetra Mohan Roaja Headman, Nunchari, K chari 9 Ms Micyangprue Marma Admin. & HR Officer, ALO, K chari 10 Ms Bashari Marma Vice-Chairman, Sadar Upazila, K chari 11 Mr. Shasanka Chakma Member, Governing Body, Survival, K chari 12 Mr. Ratan Chakma President, Rega, Milanpur, Khagrachari 13 Mr. Nirod Baran Chakma FA, Upazila fishery Office, Khagrachari 14 Mr. Gafur Ahmed Talukdar Executive Director, EPAC, Khagrachari 15 Ms Shuvra Dewan Vice-Chairman, Panchari Upazila, K Chari 16 Mr. Kongjari Chowdury Headman, Manikchari Mouza, K chari 17 Mr. Chona Dhan Karbari Karbari, Laxmichari, K chari 18 Mr. Mongla Karbari Karbari, Baduatuli, Manikchari, K chari 19 Mr. Dharmabir Chakma Chairman, Dighinala Upazila, K chari 20 Mr. Gyanangkur Chakma Social Worker, Dighinala, Khagrachari 21 Mr. Dipankar Dewan Headman, Kabakhali & Bara Hazachara Mouza, Dighinala, Khagrachari 22 Mr. Swe Ca Prue Chowdury Headman, Panchari, Khagrachari 23 Mr. Ronal Dewan Social Worker, Chakma Community, Khagrachari

97 A-51 Sl. Name of Participant Designation/Occupation and Organization 24 Mr. Rakesh Chakma Member, MMS, Khafrachari 25 Mr. Gray Marma Social Worker, Marma Community, Khagrachari 26 Mr. Kirti Nishan Chakma ADB Consultant 27 Mr. Dhiman Khisa ADB Consultant 28 Mr. Shimul Chakma ADB Consultant Stakeholders Consultation On Institutional Strengthening Component, and Indigenous Peoples Planning Framework (IPPF) for Chittagong Hill Tracts Development Project, Phase II 10 November 2010, Khagrachari Venue: Rega Club, Milanpur Contact: , Programme Schedule 9.00 Arrival and registration Introduction of the participants 9:35 10:30 Presentation on; CHTRDP project goals and key features Institutional landscape of CHT governance/administration Key institutional capacity building issues by Kirti Nishan Chakma Tea Break 11:00 12:30 Open Discussion 12: Lunch Break 13:30 15:00 Group Work (4 groups) 15:00 16:00 Presentation of Group Works 16:00 16:30 Q & A

98 A-52 Stakeholders Consultation On Indigenous Peoples Planning Framework (IPPF) and Land Acquisition and Resettlement Framework (LARF) For Chittagong Hill Tracts Development Project, Phase II 11 November 2010, Khagrachari Venue: Rega Club, Milanpur Contact: , Programme Schedule 9.00 Arrival and registration Introduction of the participants 9:35 10:30 Presentation on the CHTRDP project goals Key features and requirements of Indigenous Peoples Plan (IPP), and Land Acquisition and Resettlement Framework (LARF) Major development issues of the Indigenous Peoples in CHT by Kirti Nishan Chakma and Tod Raagsdale Tea Break 11:00 12:30 Open Discussion 12: Lunch Break 13:30 15:00 Group Work (4 groups) 15:00 16:00 Presentation of Group Works 16:00 16:30 Q & A

99 A-53 Report of Consultation with Stakeholders A. Land Acquisition and Resettlement Framework B. Indigenous Peoples Planning Framework C. Institutional Capacity Building In Rangamati District Project Preparatory Team Chittagong Hill Tracts Rural Development Project, Phase II Asian Development Bank

100 A-54 Background : The phase-ii of ADB s Chittagong Hill Tracts Rural Development Project s preparation started from June 10 and is expected to be wrapped up in December 10. The project will include separate planning frameworks; namely, a Land Acquisition and Resettlement Framework (LARF), and an Indigenous Peoples Planning Framework (IPPF). The project will also include a separate component on the strengthening of the project partner/implementing institutions in the CHT. Being a Category A project as per AD criteria, the overall preparation of the project document in general but the LARF and IPPF in particular, entails carrying out comprehensive consultation with all relevant stakeholders based on the principles of Free, Prior and Informed Consent (FPIC) and incorporate those feedback from the consultations in the above planning documents and the project document as well. A series of consultations, thus, have been planned across the CHT, to be held in the three Hill Districts headquarters. The workshops in Rangamati were held on 24 & 25 November 10; 24 November on the IPPF and the institutional strengthening issues and 25 November on the LARF. The venue was at the Taungya conference Hall, Bijan Soroni, North Kalindipur, Rangamati. The participants in both workshops comprised of representatives of government, CHT decentralized institutions, IP leaders, community leaders, public representatives and as well as local NGO. The list of the participants is given in the Annex 1. Participants in the consultation. Issues raised in the consultations Both workshops started with PowerPoint presentations by the PPTA consultant that explained the overall design of the CHTRDP II and the key issues considered for the LARF, IPPF and the institutional strengthening (the programme is attached in Annex-2). The presentations were followed with open discussion; taking questions/queries and suggestions from the participants. They issues, suggestions and queries made in the discussions concerned on design of the CHTRDP II, LARF, IPPF and the institutional capacity building issues. The key points are provided below;

101 A-55 The total allocation of budget by components and sub-components should be disclosed to the stakeholders. Crucially, the implementation must involve the grassroots stakeholders, particularly the Local Government Institutions (LGIs). The LGIs also should have a say in the award of contracts, at least in the overall process to be followed. Who will be responsible for the selection of the beneficiary communities? Again, the selection process should be bottom up i.e. the grassroots representatives involving the LGIs, Traditional Institutions and representatives of the communities. What will be the selection criteria of the beneficiary communities? If CHTRDP II will be working with the PDCs of CHTDF, does it mean that the communities who are not included in the CHTDF programme will also be automatically excluded? As to selection criteria, CHTRDP II should take into consideration overall level of exclusion and marginalization of the communities as most important. Communities which are already receiving development supports, either from donors or government, must get less priority. Will the Institutional Development component include RC and HDCs strengthening? And in which way? For both institutions, they crucially need technical staff in a number of relevant areas and as well advocacy support for legal reforms to strengthen their mandate. For RC, it is for approval of its Rules of Business and for the HDCs, it for their transfer subjects. The design of the training component looks very relevant. But given that government officials on deputation to the RC and HDCs are transferred every 3-5 years, whatever training is provided to them is lost for the institutions. How will CHTRDP II address this problems? The Regional Council is the Lead Implementing Agency and one of the major components is construction of rural infrastructure. Yet, CHTRC does not even have an Engineering Department. How will it ensure such a huge responsibility? CHTRDP II should consider putting technical staff with the CHTRC in this regard. Conducting regular monitoring of development activities in the region is a key responsibility of the RC. Yes, it has neither approved manpower in its Organogramme, nor necessary logistics and equipments. Here again, the project should responds to these needs of the RC as part of the institutional development component. What will be the role and tasks of the local NGOs in the project? Often in the name of value for money outside NGOs, even I-NGOs, are brought into the region. Devoid of any understanding of the local sensitivities, they neither contribute to the development of the region, nor do they impart any capacity to their local peers, as usually leave the CHT as soon as the money dries out.