Reintegration: 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.

a. In order to providing rehabilitation to all returnee JSS members a lump sum of Taka 50,000/- shall be given to each family.

e. The JSS members who were posted in the services of the govt or govt institutions they shall be reinstated in their own posts and services and the JSS members and their family members shall be given appointment in accordance with their competence. In this case, the rule of the govt for relaxation of age shall be followed.

Disarmament: Chittagong Hill Tracts Peace Accord (CHT)

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D) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS

12. The Jana Samhati Samiti shall submit to the govt the lists of its all 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 jointly shall 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 govt shall ensure security for return of JSS members and their family members to normal life.

15. If anyone fails to deposit arms on the scheduled date the govt shall take lawful measures against him.

Demobilization: Chittagong Hill Tracts Peace Accord (CHT)

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D) REHABILITATION, GENERAL AMNESTY AND OTHER MATTERS

12. The Jana Samhati Samiti shall submit to the govt the lists of its all 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 jointly shall 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 govt shall ensure security for return of JSS members and their family members to normal life.

17. After signing the agreement between the government and the Jana Samhati 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 (3 at the 3 District Hqs. and Alikadam, Ruma and Dighinala) by phases and with this in view, time limit shall be determined. In case of deterioration of law and order situation, natural calamity and such other works the army can be deployed under the civil administration like all other parts in the country as per necessary laws and rules. In this case, Regional Council may, according to necessity or time, request the proper authority for the purpose of getting assistance.

Police Reform: Chittagong Hill Tracts Peace Accord (CHT)

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

24. a. By amendment of sub-section (1) of section 62- this section 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 regulation: provided that in the matter of such appointment tribals shall be given priority”.

b. By repealment of the words “on the provision of all other laws for the time-being in force” placed in the second line of sub-section (3) of section 62 shall be placed the words “as per rule and regulation”.

34. The following subjects shall be added in the functions and responsibilities of the Hill District Council:

a. Police (local)

Decentralization/Federalism: Chittagong Hill Tracts Peace Accord (CHT)

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

19. In the 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 be replaced with the word “Council”.

21. By amendment of rules of 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 the Act. If the govt. is satisfied that anything done or intended to be done by the Council or on behalf of the Council is not conformity with law or contrary to public interest the government may seek information and clarification and give advice or instruction to the Council on concerned matters in writing”.

27. By amendment of section 65 this section shall be framed as follows: Notwithstanding anything contained in any other law 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 be credited to the Council Fund.

28. By amendment of section 67 it shall be made as follows- “If deemed necessary for co-ordination of activities between the Council and govt. authorities, government or the Council shall put proposal on certain matter(s)”.

30. By omission of the words “with the prior approval of the government” placed in the first and second line of the sub-section (1) of section 69 and to add the following portion after the words “may”- “provided that if the government differs with any part of the regulation made by the Hill District Council then the government shall give advice or instruction for amendment of the said regulation”.

Functions of the Council:

33. The word “supervision” shall be added after the word “order” in the No.1 of the function of the Council of the first schedule.

a. 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.

34. The following subjects shall be added in the functions and responsibilities of the Hill District Council:

a. Police (local)

b. Tribal law and social justice

c. Youth welfare

d. Environment preservation and development

e. Local tourism

f. Improvement trust and other local govt organisations except Pourasabha and Union Councils

g. Licensing for local trade and business

h. Proper utilisation of water resources of rivulets, canals, ponds except Kaptai lake and irrigation

i. Preservation of death, birth and other statistics

j. Money lending and trade

k. Jhum cultivation.

Second Schedule: Taxes, rates, toll and fees to be levied by the Council and royalties from other Government sources-

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. Tax on sale and purchase of goods

b. Holding tax from land and buildings

c. Tax from sale of domestic animals

d. Fees from cases of social justice

e. Holding tax on government and non-government industries

f. Part of royalty from forest resources

g. Supplementary tax from cinema, theatre and circus etc.

h. Part of royalty from licence or lease for exploration and extraction of mineral resources given by the government

i. Tax from business

j. Tax from lottery

k. Tax from fishing.

C) CHITTAGONG HILL TRACTS REGIONAL COUNCIL

1. A Regional Council shall be formed in co-ordination with the 3 Hill District Local Government Council 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 3 Hill District Local Government Councils more powerful and effective.

2. Chairman bf this Council shall be elected indirectly by the elected members of the Hill District Councils where status shall be equivalent to a State Minister and he must be a Jumma.

3. The Council shall be formed with 22 (twenty two) members including the Chairman. Two-third 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 (men) — 12

Members tribal (women) — 2

Members non-tribal (men) — 6

Members non tribal (women) — 1

Among the tribal men members 5 persons shall be elected from among the Chakma tribe, 3 persons from the Marma tribe, 2 persons from the Tripura tribe, 1 person from the Murung and Tanchongya tribes and 1 person from the Lusai, Bawm, Pankho, Khumi, Chak and Khiyang tribes.

Among the non-tribal men 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 shall be non-tribals.

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 Council.

6. The term of the Council shall be 5 (five) years.

7. There shall be a chief executive officer in the Council equivalent to a Joint Secretary and priority to a tribal candidate shall be given in appointment to this post.

8. a. If the office of the Chairman of the Council falls vacant then a Chairman shall be elected from among the tribal members for an interim period by the members of Hill District Councils.

b. If any office of a member of the Council falls vacant on any reason then that shall be filled through by-election.

9. a. The Council shall supervise and co-ordinate the subjects vested under the Hill District Councils including co-ordination of all development activities conducted under the three Hill District Councils. Besides these, if there is found any lack of co-ordination and inconsistency among the three Hill District Councils in discharging their responsibilities the decision of the Regional Council shall be taken as final.

b. The Council shall supervise and co-ordinate local councils including the municipalities.

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

d. The Council may co-ordinate the activities of the NGOs along with conducting of management of calamities and relief works.

e. Tribal laws and social justice shall be under the control of the Council.

f. The Council may issue licence for heavy industry.

10. The CHT Development Board shall discharge its responsibilities under general and overall supervision of the Council. In case of appointment of Chairman of the Development Board competent tribal candidate shall be given priority.

11. If the Regional Council finds any rule of the 1900 CHT Regulation and other related laws, rules and ordinances contradictory to the 1989 Hill District Council Acts then the govt shall remove that inconsistency by law according to recommendation of and in consultation with the Regional Council.

12. Until and unless Regional Council is constituted through direct and indirect election, the government may by constituting an interim Regional Council, entrust the responsibilities of the Council.

13. If the govt makes any law on CHT it shall be in having discussion and in consultation with the Regional Council. If there arises the necessity to amend any such law or to make any new law which may be harmful for development of the 3 Hill District or the welfare of the tribals, the Council may file a petition or put recommendation to the govt.

14. The fund of the Council shall be created from the following sources:

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 govt or any other authority

d. grant from any institution or individual

e. profit accruing from investment by the Regional Council

f. any other moneys received by the Regional Council

g. money received from such sources of incomes as the govt may direct to be placed at the disposal of the Regional Council.

Electoral/Political Party Reform: Chittagong Hill Tracts Peace Accord (CHT)

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

9. The existing section 17 shall be replaced with the sentences mentioned as below:

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

(1) he is a citizen of Bangladesh;

(2) his 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.

UN Peacekeeping Force: Ouagadougou Political Agreement (OPA)

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OUAGADOUGOU POLITICAL AGREEMENT

6.2. Zone of confidence

6.2.1. In order to allow the free movement of people and goods, the two Parties to the direct dialogue agree to request the impartial forces of Licorne and UNOCI to dismantle the zone of confidence, in accordance with paragraph A.4 of the document on Management of the zone of confidence, referred to as Code 14.

Review of Agreement: Ouagadougou Political Agreement (OPA)

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OUAGADOUGOU POLITICAL AGREEMENT

VII. Follow-up and consultation mechanisms

In order to ensure follow-up to this Agreement and continuation of the direct dialogue, the Parties agree to establish a permanent consultation mechanism (CPC) and an evaluation and monitoring committee (CEA).

7.2. Evaluation and monitoring committee (CEA)

The evaluation and monitoring committee is responsible for the periodic evaluation of the implementation of the measures provided for in this Agreement. The committee may also make any practical and necessary suggestions for the effective implementation of this Agreement.

Its membership is as follows:

Chairman: the Facilitator or his representative

Members: three representatives for each of the two Parties signatories to this Agreement.

The two Parties shall jointly agree on the enlargement of the committee to include other members of the Ivorian political class.

The Facilitator may also call upon any other observer representing a country or an international or inter-African organization, should he deem it necessary.

CEA shall be chaired by the Facilitator or his representative. It shall meet at least once a month in ordinary session and, where necessary, in extraordinary session convened by the Chairman.

In fulfillment of its mandate, CEA shall report to CPC on the implementation of the Agreement and shall so advise the Special Representative of the Secretary- General of the United Nations.

VIII. Miscellaneous and final provisions

8.1. The Parties agree to refer to arbitration by the Facilitator any dispute that may arise from the interpretation or implementation of the present Agreement.

Arms Embargo: Ouagadougou Political Agreement (OPA)

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OUAGADOUGOU POLITICAL AGREEMENT

6.1. Embargo on the importation of arms

6.1.1. The two Parties to the direct dialogue agree to request the United Nations Security Council, with the support of the Facilitator and of ECOWAS, to lift the arms embargo imposed on Côte d’Ivoire within three months after the holding ofpresidential elections.

6.1.2. The Parties also agree to request from the United Nations Security Council, with the support of the Facilitator and of ECOWAS, immediate special authorization to import the light arms necessary for the maintenance of law and order, under the supervision of the Integrated Command Centre referred to in paragraph 3.1 above.