Land Politics in Chittagong Hill Tracts of Bangladesh: Dynamics of Property, Identity and Authority

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Land Politics in Chittagong Hill Tracts of Bangladesh: Dynamics of Property, Identity and Authority Land Politics in Chittagong Hill Tracts of Bangladesh: Dynamics of Property, Identity and Authority Fariba Alamgir A thesis submitted to the School of International Development, University of East Anglia, and to the Department of Food and Resource Economics, University of Copenhagen, in partial fullfilment of the requirement for the degree of Doctor of Philosophy. September 2017 This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that use of any information derived there from must be in accordance with current UK Copyright Law. In addition, any quotation or extract must include full attribution. i Abstract Studies have revealed intense competition over land in Chittagong Hill Tracts (CHT) of Bangladesh. This study examines land dispute processes within and between hill people (Chakma Community) and Bengali settlers (who migrated through government initiated settlement program in 1979) in CHT. By understanding property, identity and authority as relational; my study explores mutually constitutive processes between property and authority relations, and between property and identity relations. It investigates how property in land is claimed and defined in the context of dynamic authority relation in land control, multiple categorisations and identity claims in CHT. By carrying out a historical analysis of state-making, I argue that CHT remains a frontier because of- the distinctive legal and administrative systems, ambivalence in property system, ongoing processes of reconfiguration of institutional arrangements in land control and state’s territorial strategies to control its population and space. The study employs an ethnographic approach and data are collected by engaging with disputants, institutional actors, academics, members of political organizations and civil society. Working across communities has enabled to encompass differences in narratives, practices and claims based on varied rules, sources of authority, history and identities. Dispute processes reveal that competing property claims are based on various norms (customary and statutory), varieties of land documents (formal and informal) and wide number of authority sources (formal and informal). Property rules (statutory and customary) are negotiated, continuously interpreted and reinterpreted through practices and claim-making. The findings show that in different kinds of disputes (within and between communities), there are different sets of authorities involved in recognising property in land. The study draws out various political constellation of institutions and authority relations that are formed through competition for authorising land relation. State institutions- bureaucratic, judiciary, regional government, traditional institutions, military authorities; and non-state authorities (political parties, leaders, brokers), all partake and compete in the process of constitution of property relation in ‘post’ conflict/mid conflict zone, suggesting that state-making or control over land/territory and property claims as an active and contested process. While the state rules and institutional competition for authority matter in shaping dispute processes, this study finds that land contestations are evolving through contestation over dakhal i.e. physical or forceful occupation of land, which depends on local authority structure for endorsement, individual’s/disputant’s position in the local power structure, proximity of the army camp and people’s ability to exist on the ground by taking certain strategies and actions. The research findings show that identity formation and social positioning play significant roles in competition over land. Struggle over recognition of property in land is intricately linked to people’s struggle for recognition of certain identities. Religious identities of Chakmas (Buddhist) and Bengalis (Muslim) are increasingly becoming stronger. Besides, religious identities are mobilised in relation to contestation over land. The study provides an account of recurrent and interrelated processes of constitution of property, authority and identity relations in a frontier region, which has also been at the margin of the state historically. In the absence of tenure security, the existing stalemate situation regarding the formalisation process and non-recognition of customary land rights of hill people, it is crucial to understand existing land relations in order to plan and implement development policies, particularly those related to land and forest in CHT. My research has taken a novel approach in studying land conflicts by investigating the making of property, authority and identity relations in a contested territory. It contributes to existing knowledge regarding land relations and related processes of authority and identity formation in CHT, and in regions that can be characterised as frontiers or at the margin of the state. ii Acknowledgements I am extremely grateful to my supervisors Dr. Ben Jones, Dr. Christian Lund and Dr. Thomas Sikor for guiding me throughout all stages of this ‘research’ journey. They gave all necessary guidance while letting me shape up my work. At every stage of my work they trusted me and my capacity. They are excellent academics, compassionate and amazing supervisors. I dedicate my thesis to my supervisors – Dr. Ben Jones, Dr. Christian Lund and Dr. Thomas Sikor. I am enormously grateful to all those who helped me through my fieldwork in CHT. The fieldwork worked out like a magic, because of the people I met in CHT. I remember many participants’ faces, their voices and their kindness. I tried hard to make them part of this thesis by incorporating what I learnt from them. I specially thank my host families in Khagrachhari and all the gate-keepers. I would also like to thank the institutional actors at the district level, particularly the Additional District Magistrate and Judge at Joint District Judge Court, for taking interest in my work and giving their time. I want to acknowledge the valuable contribution made by two research assistants who were really engaged in collecting data and discussing about it. I am immensely thankful to examiners – Dr. Willem van Schendel, Dr. Vasudha Chhotray and Dr. Ole Mertz for thoroughly examining my thesis, for the engaging discussion during my viva examination and for their very constructive comments. Their comments helped to improve several sections of this thesis subsentially. I am thankful to my beautiful friends at the University of East Anglia. I feel very lucky to have them to take this journey together. I am also thankful to my wonderful colleagues at the University of Copenhagen. The comradeship I have experienced with my colleagues at both universities is truly precious and amazing. I would spcially like to thank- Mona, Alessandro, Jomkwan, Hussam, Mamata, Ari, Rony and Rebecca for their friendship and support. I express my gratitude to all my housemates in Norwich and Copenhagen who made me feel being at home. Special thanks to Georgios Papadopoulos who was extremely helpful and supportive during the final months before submission and till the end. A heartfelt thanks to Anna Magyar for proof reading the thesis. It goes without saying that my eternal thanks go to my ma- Nabuat Islam and baba- Faruque Alamgir! They always enthusiastically supported me in my every academic endeavour with full confidence. This research is as important to them as it is to me. I would not have embarked on doing this (or any) research and couldn’t have come this far without them. I want to thank my sisters –Fahreen Alamgir and Faria Irina Alamgir and my brother – A.K.M Masud Ali for always being there and doing their best to help me to go through the entire process. My brother never got tired in all these years to help me with this reasearch. He helped me with my fieldwork, read numerous drafts of chapters, gave valuable insights and encouraged me whenever I was scared or stressed. I cannot think of how I would have completed this PhD without him. Finally, I would like to thank the University of Copenhagen, the University of East Anglia and the Foundation for Urban and Regional Studies (FURS) for funding my research. iii Table of Contents Abstract………………………………………………………...ii Acknowledgements…………………………………………......iii Acronyms…………………………………………………….....v Glossary………………………………………………………...vi List of Maps……………………………………………………vii List of Tables………………………………………………........vii List of Figures…………………………………………………..vii List of Annex…………………………………………………....vii Table of Contents…………………………………………….... 1 iv Acronyms AC Land Assistant Commissioner ( Land Office at sub-district level) ADM Additional District Magistrate AL Awami League BNP Bangladesh Nationalist Party BGB Border Guard Bangladesh CHT Chittagong Hill Tracts CHTRC CHT Regional Council DC Deputy Commissioner HDC Hill District Council OC Officer in-Charge (of a police station) JI Jamaat –e- Islami LDRC Land Disputes Resolution Commission PCJSS Parbatya Chattagram Jana Samhati Samiti (JSS in short)/ Chittagong Hill Tracts Peoples’ Solidarity Association TNO Thana Nirbahi Officer (Sub-district Executive Officer) VDP Village Defence Party UPDF United People’s Democratic Front USF Unclassed State Forests v Glossary Amin Surveyor at the Land Office Bichar/salish-bichar Trial or negotiation meeting at the informal-village court Dakhal Possession or forceful occupation over land Dalal Land broker or middleman Dan-kabala Gift deed Jarip Survey Jum Shifting cultivation
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