Constitutional Reform: Agreement between the Republic of Indonesia and the Portuguese Republic on the question of East Timor

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ANNEX I, 6:

If the Secretary-General determines, on the basis of the result of the popular consultation and in accordance with this Agreement, that the proposed constitutional framework for special autonomy is not acceptable to the East Timorese people, the Government of Indonesia shall take the constitutional steps necessary to terminate its links with East Timor thus restoring under Indonesian law the status East Timor held prior to 17 July 1976, and the Governments of Indonesia and Portugal and the Secretary-General shall agree “on arrangements for a peaceful and orderly transfer of authority in East Timor to the United Nations. The Secretary-General shall, subject to the appropriate legislative mandate, initiate the procedure enabling East Timor to begin a process of transition towards independence.

Withdrawal of Troops: Chittagong Hill Tracts Peace Accord (CHT)

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D) Rehabilitation, general amnesty and other matters

Section 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 Defense 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.

Verification/Monitoring Mechanism: Chittagong Hill Tracts Peace Accord (CHT)

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A) General

3. With an aim to observe the implementation process of this agreement an Implementation Committee shall be formed with the persons stated below:

a. A member to be nominated by the Prime Minister – Convenor

b. Chairman of the Task Force formed under this agreement – Member

c. President of the Parbattya Chattagram Jana Samhati Samiti – Member

4. This agreement shall be in force from the date of signing the agreement. This agreement shall remain in force until all steps and measures according to this agreement are completed by both sides.

Economic and Social Development: Chittagong Hill Tracts Peace Accord (CHT)

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B) Hill DISCRICT LOCAL GOVT. COUNCIL / HILL DISTRICT COUNCILS

26: By amendment of the section 64 the following sub-sections shall be made:

1. Notwithstanding anything contained in any law for the time-being in force, no land within the boundaries of Hill District shall be given in settlement, purchased, sold and transferred including giving lease without prior approval of the Council: provided that this provision shall not be applicable in case of areas within the reserved forests, Kaptai Hydro-electricity Project, Betbunia Earth Satellite Station, State-owned industries and factories and lands recorded in the name of government.

2. Notwithstanding anything contained in any law for the time-being in force, no lands, hills and forests within the boundaries of the Hill District shall be acquired and transferred by the government without consultation and consent of the Hill District Council.

3. The Council may supervise and control functions of Headman, Chairman Amin, Surveyor, Kanungo and Assistant Commissioner (land).

4. Fringe land in Kaptai Lake shall be given in settlement on priority basis to original owners.

D) Rehabilitation, General Amnesty, and Other Matters

2. After signing agreement between the govt and the JSS and implementation of it as well as after rehabilitation of the tribal refugees and internal tribal evacuees the govt shall start survey of land in CHT as soon as possible and after proper inquires ownership of land shall be recorded and ensured.

3. The govt shall ensure providing two acres of lands to each landless family and the family who possesses less than 2 acres of lands, provided lands were available in the local areas. 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 settle disputes of lands of the rehabilitated tribal refugees, shall have fullest 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 judgment of this commission and decision of this commission shall be final. This (arrangement) shall be applicable in case of fringe land also.

5. This commission shall be set up with the following members:

a. Retired justice

b. Circle Chief (concerned)

c. Chairman of the Regional Council/representative

d. Divisional Commissioner/Additional Commissioner

e. Hill District Council Chairman (concerned).

6. a. The term of the commission shall be three years. But the term of it can be extended in consultation with the Regional Council.

b. Commission shall settle disputes according to the existing rules, customs and usages of Chittagong Hill Tracts.

7. The tribal refugees who received loan from the govt but could not use them properly due to conflicting situation shall be exempted with the interests.

8. Allotment of lands for rubber plantation and other purposes: All the non tribals and non locals who were given in settlement of lands for rubber plantation and other purposes but had not implemented any projects within the past 10 years or had not utilized their lands properly, settlement of these lands shall be cancelled.

Citizenship Reform: Chittagong Hill Tracts Peace Accord (CHT)

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B) Hill DISCRICT LOCAL GOVT. COUNCIL / HILL DISTRICT COUNCILS

3. Who is not a tribal and possesses land legally in the Hill District and generally lives at a certain address in the Hill District he shall be meant ‘non-tribal permanent resident’.

4. c. The words “Deputy Commissioner” and “of the Deputy Commissioner” placed in the second line of sub-section (5) of the section 4 shall be replaced with the words “Circle Chief” and “of the Circle Chief” respectively.

d. Following sub-section shall be added in the section 4 : Whether a person is a non-tribal shall be determined, along with the identity of non-tribal 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 behalf.

Indigenous Minority Rights: Chittagong Hill Tracts Peace Accord (CHT)

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A) General

1. Both sides, considering CHT as Tribal Populated Region, recognized the necessity for protection of the character of this region and for overall development of it.

B) 33a: The following subjects shall be added in the No. 3 of the function of the Council- (1) Vocational training; (2) Primary education in mother tongue; (3) Secondary education.

D) 11: The govt and elected representative shall make efforts to maintain separate culture and tradition of the tribals. The govt in order to develop the tribal cultural activities at the national level it shall provide necessary patronisation and assistance.

Internally Displaced Persons: Chittagong Hill Tracts Peace Accord (CHT)

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D) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS

1. An agreement has been signed between the govt and the 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, 1997. This process shall continue and with this in view, the JSS shall provide all kinds of possible co-operation. The internal tribal evacuees of 3 districts shall, after determination, be rehabilitated by the Task Force.

2. After signing agreement between the govt and the JSS and implementation of it as well as after rehabilitation of the tribal refugees and internal tribal evacuees the govt shall start survey of land in CHT as soon as possible and after proper inquires ownership of land shall be recorded and ensured.

Refugees: Chittagong Hill Tracts Peace Accord (CHT)

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D) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS

1. An agreement has been signed between the govt and the 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, 1997. This process shall continue and with this in view, the JSS shall provide all kinds of possible co-operation. The internal tribal evacuees of 3 districts shall, after determination, be rehabilitated by the Task Force.

Amnesty: Chittagong Hill Tracts Peace Accord (CHT)

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D) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS

16. After the return of all JSS members to normal life general amnesty shall be given to them and the permanent residents who were involved in the activities of the JSS.

Prisoner Release: Chittagong Hill Tracts Peace Accord (CHT)

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D) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS

16. b. All the JSS members including the armed ones against whom cases have been lodged, warrant of arrest and police circular for apprehension issued and punishment has been sentenced/inflicted in the absence, after surrendering of arms and return to normal life all the cases, warrants of arrest, police circulars and punishment sentenced in the absence against them shall be exempted as soon as possible. If JSS members are detained in the jails they also shall be released.