right must, in accordance with article 2 (2) of the Covenant, should not be subject to any
form of discrimination.49
48. The Commission welcomes the commitment for ensuring housing for all by 2021 and
implementing several projects across the country. 50 The government has started
construction of 10,000 flats for slum-dwellers in 201751. The Commission expects that the
initiatives taken by the Government will contribute to addressing the housing problem for
the slum-dwellers in the urban areas. The Commission also hope that these initiatives will
also contribute to reductions in slum evictions.
49. The Commission welcomes the steps taken by the government to amend contradictory
sections of the CHT Land Dispute Resolution Commission Act 2001, on 6 October 2016.
The amendment is a positive step on the part of the government in implementing the CHT
Accord. Following the amendment, the CHT Land Commission has started functioning.
As of January 2017, a total of 22,866 applications have been received by the Land
Commission. However, the office setup of the Commission is yet to be done according to
its required capacity. While the head office has been established in Khagrachari, the
government is yet to allocate adequate fund, approve adequate manpower and set up two
sub-offices in Rangamati and Bandarban districts. The Commission advocates for the full
implementation of the Peace Accord aiming to transfer identified service institutions to the
Hill District Councils and guarantee that tribal communities play a significant role in CHT
governance. To avoid any future crisis, trust between State and the tribal communities
requires further strengthening.
50. The Food and Agricultural Organization (FAO) has developed a detailed guidance note
which recommends that in order to ensure that the right to food is made justiciable in
national law, State Parties to the ICESCR must adopt appropriate national legislation,
conduct food assessments as well as develop training on, budgets for and monitoring of the
food situation. Many countries around the globe have recognized the right to food through
national legislation and some have included it in their Constitutions. Inserting the right to
food in the Constitution as a fundamental legal right would make the right to food easier
to implement by explicitly committing the State as a matter of constitutional legal
obligation to ensure access to food on a permanent basis. The Constitution of Bangladesh
recognizes the importance of availability, access, and adequacy of food as fundamental
principles of State policy, but it has not endorsed the right to food specifically within the
cadre of fundamental rights.
51. In addition to the Constitution, Bangladesh has several laws and policies on food security
and safety. The Safe Food Act 2013 was enacted to ensure right to have safe food for
protection of human life and health through control by coordination in food production,
import, processing, storage, supply, sale and distribution 52 . However, the act does not
provide for the right to food. Access to land and security of tenure are essential for the
49
The International Covenant on Economic, Social and Cultural Rights: A Study on Bangladesh Compliance, page 5, published by the
National Human Rights Commission, Bangladesh: http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd
50
http://www.theguardianbd.com/nha-committed-to-solve-housing-problem-in-bangladesh/
51
http://www.dhakatribune.com/bangladesh/2017/10/26/pm-lays-foundation-first-ever-flat-construction-project-slum-dwellers/
52
http://bdlaws.minlaw.gov.bd/bangla_pdf_part.php?act_name
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