Land Dispute in CHT: An investigation of long standing unsettled issue of Bangladesh

Abstract

The historical evidence shows that one of the unsettled problems of Chittagong Hill Tract (CHT) is dispute related to land. The nature of land cultivation, ownership and possession is quite different in CHT from the other of Bangladesh. In general, the tribesmen do not have any clear notion of ownership of land. The tribal communities believe that land, forest and hills are collective property and the existing system of land registration is at variance with the ancestral land management system. In spite of advancement in socio-economic conditions the tribal generally remained firm in their perception about land rights including use. Problem remains on the point that land matters administered by the district administration, Hill District Council and the traditional system under the Circle Chiefs. Hence, the procedure existing is very time consuming. On the other side complexity of law may in some cases may be a reason to deprive the Bangalees to their land rights ensured by the constitution. Land disputes are the result of complicacies regarding laws and constitutional rights. Though to settle dispute regarding land several different institutions envisaged under different laws which are considered different from the other part of Bangladesh. This position can be taken against the equality notion of the Constitution of Bangladesh. After the signing of peace accord in 1997 and establishment of Chittagong Hill Tract Land Dispute Resolution Commission land disputes were expected to be resolved. However, till now the Chittagong Hill Tracts Land Dispute Resolution Commission remains ineffective and has failed to resolve any land related disputes even after so many years of its establishment because of the ambiguous and doubtful nature of the relevant statutes. The statutes under the ‘Peace Accord’ are envisaged to resolve the land disputes. As the constitutionality of the peace accord is still to be decided, the fate of the said statutes remains uncertain. Hence, the thesis draws the conclusion that, the unsettled land disputes have worsened the already tensed situation in the CHT region.