Recognising Indigenous People, the Bangladeshi Way

Recognising Indigenous People, The Bangledeshi Way: The United Nations Declaration, Transnational Activism And The Constitutional Amendment Affair Of 2011

Dr. Eva Gerharz1

Junior Professor

Faculty of Social Science, Ruhr-Universität Bochum

eva.gerharz@rub.de

ABSTRACT

The UN Decades on the Rights of Indigenous People have led to increased support for and sympathy with indigenous people all over the world. Networks and groups have been formed and transnational connections created, with the aim of generating possible solutions to the problems of indigenous people in countries where marginalization reaches a long way back. Many activists welcomed the UN Declaration as a document of high moral value legitimizing them to exert pressure on the state in order to recognize indigenous people’s rights.

Indigenous activists in Bangladesh and their allies anticipated the Declaration’s global appreciation as a window of opportunity when the government initiated the amendment of the constitution in 2010. Backed by their transnational connections and partners inside and outside Bangladesh, the demands were geared towards the recognition of the notion of indigenous people in the constitution. It was hoped that the principles of the declaration would be endorsed in the constitution and lead to greater equality through affirmative action. Initial positive responses by the government however were revoked later on: The representatives argued that the concept of indigenous people as formulated in the declaration referred to “first nations” only, whereas in Bangladesh the majority are regarded as more indigenous to the land than the so-called ethnic minorities.

Despite the deep disappointment resulting from the disparaging position of the government, the declaration has had positive effects on the position of indigenous people in public discourse. Moreover, cross-ethnic alliances have been strengthened which enable indigenous activists to access more powerful segments of society and polity. Lastly, the international donor community has become more sensitive towards the plight of indigenous people, which has had an impact on cooperation with the government and civil society.

1. INTRODUCTION

The adoption of the United Nations Declaration on the Rights of Indigenous  Peoples in September 2007 raised high expectations among indigenous peoples’ movements all over the world. Many of them expected the newly emerged global discourse to have an enormous potential to improve their bargaining position vis-à-vis their governments, and they hoped that this would help them to articulate their demands more successfully. This situation could be observed in angladesh, where indigenous activism has gained new impetus since the late 1990s. Institutions and networks advocating indigenous claims and rights have been formed, and indigenous discourses have “taken root” (Bal 2010). But while some activists have enthusiastically promoted globalised notions of indigeneity and established networks to gain support for their political demands, the prevailing majoritarian politics endorsed by the state has continued to set more or less clearly defined limitations. After some initial achievements concerning the inclusion of indigenous claims in different political and societal domains, a decisive “window of opportunity” was provided by the Constitutional Amendment in 2011. The indigenous peoples’ movement advocated the constitutional recognition of indigenous people, a demand that was eventually turned down by the Government of Bangladesh. One of the main reasons for the adoption of this rather harsh standpoint was the increasing pressure on the Bangladeshi government “from the outside”. In May 2011, a few weeks before the Constitutional Amendment was approved in the Bangladeshi parliament, the prevalence of human rights violations in Bangladesh had been discussed in the United National Permanent Forum on Indigenous Peoples in New York leading to some insistent recommendations to the Government of Bangladesh.

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Jumma school girl raped by settler in Matiranga

A SIX GRADE Jumma student of Kadamtoli High School was raped by a Bengali settler in Lal Kumar Para under Tabalchari Union of Matiranga Upzila on Wednesday.

The incident took place at 8am on Wednesday, 3 September, when she went to a river stream nearby their house to take bath.

As she was alone, one Md. Salam, son of Md. Ali of Adarshagram, grabbed and raped her.

When the incident became known, local Bengali elders met in an arbitration meeting in the evening and settled the issue by ordering Salam, the offender, to pay a sum of Taka 20 thousand as compensation to the victim.

No case has been filed with the police station in connection with the incident.

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Source: http://chtnews.com/english/?p=1309

PM assures hilly people ensuring their rights on land

Prime Minister Sheikh Hasina today said her government would take every steps to ensure the right of the hilly people on their lands.

She said, “People live in the CHT are the citizen of our country, so they must enjoy their rights on land as like other citizens. We have to ensure it and I hope that CHT ministry will take proper step in this regard.”

The Prime Minister said this while addressing the officials of the Ministry of Chittagong Hill Tracts Affairs at Bangladesh Secretariat.

She visited the ministry as part of her plan to exchange views with the officials of the ministries and departments about the development issues and provide necessary guideline.

Sheikh Hasina said, her government is making all efforts for execution of the CHT Peace Accord so that ‘wind of peace’ is flown in the Chittagong Hill Tracts (CHT) and local people get its benefit.

“We want to do everything required for socio-economic development of the CHT. It’s very important for the region as its people suffered most for more than two decades,” she said.

Terming the dispute on ownership of land as the root cause of the CHT problem, the Prime Minister said the government has taken initiative for resolving the problem. “The new chairman of the CHT land commission has already been appointed and the full commission will be constituted very soon,” she said hoping that everybody would extend support to resolve the problem.

State Minister for CHT Affairs ministry Bir Bahadur also spoke on the occasion while Secretary Naba Bikram Kishore Tripura and senior officials were present.

Without naming anybody Prime Minister Sheikh Hasina said many people now come to the CHT and show their guardianship. Some of them show their attitude as like friends and well-wisher of the hilly people, giving them different advices.

“But I want to say that the hilly people are our citizens, none except we will see their goods and bads so deeply. She said, “We have signed the peace accord on our own. During the time of hard time of hilly people those friends were not allowed to visit the area and they didn’t raise any voice against this at that time.”

She added,”Now taking the advantage of the peace accord they come here like as friend but I’m not clear about their intention. We have to remain always careful about ensuring the rights of every citizen by protecting out independence and sovereignty as well as carrying out development activities of the CHT.”

Sheikh Hasina said a positive discussion is going on the problems lies with the land law. Both sides should come to an agreement to resolve the problem, she said adding her government is very much careful about it.

She said the government has amended the CHT Development Board Ordinance 1973 to expedite the development of the CHT. The amendment enhanced the financial capacity of the CHT Development Board to take project up to Taka two crore.

The Prime Minister said the government has allocated 1.96 acres of land at Baily Road in the capital for construction of “CHT Complex” to fulfill the aspiration of the CHT people. She asked the ministry officials to launch the construction work of the complex without further delay.

Sheikh Hasina said the government has already implemented 48 clauses out of total 72 in the CHT Peace Accord. Fifteen clauses were implemented partially while execution of nine others remained under process.

She said the government has so far implemented 1,246 projects in different sectors including agriculture, education, religion, communications, infrastructure, health, sports and culture. Steps were also taken for ensuring the food security of the hilly people and facilitate the children of different ethnicities in their mother tongue.

She said the Awami League during its previous tenure increased the allowance of the Circles Chiefs, Headmen and Karfbaris.

Sheikh Hasina said Rangamati Nursing Institute, offices of Jubo Unnayan and Bangladesh Agriculture Development Corporation (BADC) in Khagrachhari and zonal office of Cotton development board were set up as part of execution of the CHT peace accord.

She said the unrest situation in the hill tracts was very painful for us as a nation. About 64,000 refugees were living in India. It was not proper for us to live in other countries as refugees, she said.

Sheikh Hasina said, “In many countries arms were not surrendered after reaching in a truce with insurgents. But Bangladesh was a rare example that the rebels surrendered their arms with a very short time after signing of the peace accord. At the same time, the government has taken steps for rehabilitation of the refugees.”

Highlighting the background of the CHT Peace Accord, Sheikh Hasina said signing and execution of the accord was not so easy as the BNP and its allies vehemently oppose this. Even they enforced hartal on the day of signing the treaty and arms surrender.

Thousands of Indian flags were hoisted in the CHT areas to claiming that the accord made Bangladesh territory up to Feni district as a part of India, she said. “Overcoming all those false propaganda and barrier the peace accord was signed,” she noted.

The Prime minister said after signing of the CHT accord, her government has been working sincerely for its full execution. “A separate ministry was formed and a committee was constituted for implementation of the peace treaty,” she said.

Sheikh Hasina said, most of the problems of the CHT were created by the post-1975 governments willfully. They sent thousands of people in the CHT for settlement and many untoward incidents were happened, which were totally unacceptable.

The government has undertaken massive programmes for development of the area. The ultimate goal is to attain self dependency of the people of the region, enlighten them with education and ensure their access to basic rights.

The prime minister urged the CHT ministry to prepare a plan for the hill districts where to construct preprimary and primary school, residential and non-residential schools, community healthcare centres and communications.

Special care should be given to the healthcare system of the CHT area and health care center and hospitals should be constructed in this line, she said.

Sheikh Hasina said the government has already taken steps for construction of roads, bridges and culverts in the CHT. As well, the government has attached importance on producing varieties of fruits and vegetable and other corns and crops.

The government has encouraged cultivation of maize and other economic crops in some areas of the CHT which was used earlier for drugs. The Prime minister said she has already talked to the ministry of agriculture to encourage farmers for cultivation of economic crops. CHT ministry would have to come with proper planning in this regard, she added.

The Prime Minister said, her government wants to create income generating projects in the CHT including development of small and cottage industries and agro-processing industries and proper marketing of their produces.

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Source: http://parbattanews.com/en/pm-assures-hilly-people-ensuring-rights-land/

Bengali settler criminality in CHT must end

There must be zero tolerance for thuggery in the CHT
 

Those responsible for Monday’s attack on an official of the CHT Commission must be apprehended and called to account.

Coordinator of the CHT Commission Hana Shams and a Jahangirnagar University lecturer were physically assaulted by a group of 10 people while returning from a trip to Bandarban.

The attackers are reportedly members of the same group, Bangalee Somo Odhikar Andolon (BSOA), which carried out similar assaults in Rangamati in early July, to prevent members of the commission from visiting the district. Even though July’s attack blatantly took place outside an army office, none of the people named in a case filed by the commission have yet been charged.

Reports by a witness and the OC of the local police confirm that this week’s attack was also politically motivated. The attackers were led by a local official of a Bengali settler group which is associated with BSOA.

We are highly concerned by these disgraceful incidents, which were clearly calculated to intimidate and undermine the work of a peaceful community group. 

Of most concern is that although some police protection was provided to CHTC members this week, it was missing when the attack took place, and this discouraged the victims from filing a report straight away, as they felt insecure.

Four Detective Branch policemen are reported to have followed the victims but failed to protect them. The police must make clear why the victims were followed and whether or not these officers were in league with the attackers. The facts cry out for an explanation. The police failure to protect the victims is inexcusable.

Enough is enough. There must be zero tolerance for this kind of thuggery in the CHT. For too long, Bengali settler groups have perpetrated violence and intimidation with tacit official support.

No more. Law enforcement cannot continue to protect and shield these criminals. If the guilty and the officials colluding in the violence are not brought to book, we will know what to think.

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Source: http://www.dhakatribune.com/editorial/2014/aug/28/bengali-settler-criminality-cht-must-end

CHT Commission official injured in attack

The attack was led by HM Samrat, secretary of Parbatya Bangalee Chhatra Parishad, alleges Hana 
 

Coordinator of the CHT Commission Hana Shams has again come under attack, allegedly by the members of same group – Bangalee Somo Odhikar Andolon, who in early July enforced blockade to prevent the CHTC members from visiting the district.

The incident took place at a location between Milonchhari Rest House and Sakura Resort of the town around 6:30pm on Monday.

At that time, Hana and a female teacher of Jahangirnagar University were returning to the town from Shailopropat Tourist Spot on a shared taxi. Some 10 youths aged between 25 and 35 and led by BSOA leader HM Samrat intercepted the taxi, pulled out two other passengers and then physically assaulted her.

The youths stopped and left the place only after a local indigenous person, apparently known to Samrat, saw the incident. “They were also shouting at us and asking 'Why have you come here?'” Hana told the Dhaka Tribune on Tuesday.

OC of Sadar police Md Imtiaz Hossain confirmed the incident.

Samrat is the secretary of Parbatya Bangalee Chhatra Parishad's CHT regional unit. The parishad is a wing of the BSOA.

Even though the members of DB police had been accompanying Hana and her friend since morning, they were nowhere when the attack took place, Hana told the Dhaka Tribune. 

“When we reached Bandarban on Monday morning, members of the DB police at the bus stop told me that they were ordered to provide me security since the situation in Bandarban was unpredictable. I agreed and since then four DB officers in plain clothes accompanied us wherever we went,” she added.

Hana said she had met a local journalist and Lelung Khumi, planning officer of a joint project of the Bandarban Hill District Council and the CHTDF-UNDP, on Monday.

She did not file any complaint with the local police station because of feeling insecure. “I went to Bandarban on a personal visit. I will decide on filing a case after consulting with the members of the commission.”

Locals said Hana was attacked as rumours spread that she had been holding meeting with the indigenous leaders.

On July 5, three members of the CHT Commission, including Hana, and the sadar OC came under attack of the BSOA men in front of the Rangamati DGFI office during their visit in the three hill districts. The CHT Commission blamed police inaction for the Rangamati attack.

Later two people were arrested in this connection. But they were not among those named in a case filed by the commission. 

They had to postpone their visit to Bandarban since several local groups of Bangalee settlers had announced blockade in the district. The group also faced outrage of the BSOA activists outside the Parjatan Motel in Khagrachhari, two days before the Rangamati attack.  

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Source: http://www.dhakatribune.com/bangladesh/2014/aug/26/cht-commission-official-injured-attack

World Bank and rights of indigenous people

Iftekharuzzaman

 

THE World Bank's neglect of human rights of the poor and disadvantaged in general and that of the indigenous people in particular has been as well-known as disturbing. However, it is appalling that instead of making any serious effort to improve, it is reportedly moving further down the road to worsen its own records.

As a part of an exercise to review the Bank's Safeguard Policies and Environment and Social Framework, meant to prevent adverse implications on people and environment in the areas covered by Bank-funded projects, it is moving to options that may open floodgates of potentially devastating impact on indigenous people, the poor and environment. After receiving the draft document nearly a hundred NGOs and civil society networks from Asia, Africa, Latin America as well as Europe and North America sent protest letters to the Bank's president and Board and urged to refrain from adopting it.

In a submission to the Committee on Development Effectiveness of the WB's Board on July 30, 2014, on behalf of 84 indigenous people's organisations/institutions, and 79 support groups and individuals, the Asia Indigenous People's Pact have been “deeply dismayed by the overall weakening of the policy requirements for indigenous peoples with very serious implications, including the outright denial of the existence and rights of indigenous peoples under international human rights laws.” The WB has, however ignored these and many more outcries and cleared the draft for “broad public consultations,” which can only be eyewash before the proposals are adopted.

The draft proposes to move away from the requirement for Bank-funded projects to be in conformity with a specific set of processes and standards to be replaced by some vague and open-ended guidance. The worst implications of this shift, it is feared, will be on indigenous communities.

Presently, governments that receive Bank funds are under obligation to obtain free, prior and informed consent (FPIC) from the indigenous people in the project area. Conducting impact assessment of projects is mandatory, so is preparing and disseminating specific plan of work to handle and mitigate those impacts and to ensure effective monitoring from the point of impacts.

The new proposals broadly retain these measures, but under cover of addressing implementation challenges and apparently to take into cognisance views of borrowing governments the Bank practically creates an option of totally disregarding those standards. According to a press statement issued by the Bank on July 30: “In exceptional circumstances when there are risks of exacerbating ethnic tension or civil strife or where the identification of Indigenous Peoples is inconsistent with the constitution of the country, in consultation with people affected by a particular project, we are proposing an alternative approach to the protection of Indigenous Peoples. But we should be clear that any alternative approach will only be adopted with approval from our Board, which represents all of our member countries.”

The Bank has clearly made a sweeping conclusion that all provisions of constitutions of all countries where it operates are fully democratic and respectful to international standards of human and indigenous rights. As if there are no countries in the world that have failed to provide constitutional recognition to their indigenous peoples; as if there are no indigenous communities around the world where systematic violation of whose basic rights by use of force by army, para-military forces and law enforcement agencies is the main reason behind “exacerbating ethnic tension or civil strife;” as if inconsistency of identification of Indigenous Peoples with some arbitrary and controversial provisions of the constitution is a sufficiently valid justification for the Bank to look for alternative approach of opting for other much less stringent standards.

The Bank is proposing not only to absolve itself of obligation to comply with international standards but also to stay away from defining any specific criteria of such alternative approach except for a full discretion given to the Bank's Board.  If the proposal is pushed through the Bank will have the discretion to use whatever means it wishes to determine the validity of so-called borrower's concerns. In other words, if a borrowing government wants to undertake a project ignoring rights of the indigenous peoples in the project area, collusion may soon take place between the borrower and the lender as the latter may find it convenient to go ahead without caring about potential adverse implications for the indigenous communities.

According to the new draft, similar exemption is to be granted to Bank funded projects in general in infrastructure involving land administration and development that may cause involuntary resettlement and displacement of people.

As shocking as these proposed changes may be, it should not surprise anyone aware of the basic principle of any lender -- more lending brings more benefits. The more rigorous are standards to comply with, the less is the scope of lending business.

The Bank's track record in terms of human rights violations is well researched and documented. Human Rights Watch for instance, in a report published in 2013, concluded that the World Bank “neither acknowledged nor mitigated human rights risks in its programs.” The case studies that featured in the HRW report included a Bank-funded project for drug detention centres accused of forced labour, arbitrary detention and torture and an Ethiopian “villagisation” programme causing forced and violent relocation though it failed to deliver the avowed objective of improved service quality and infrastructure.       

Other examples of World Bank's option of expanding its lending at the expense of human rights are not far to seek. In the Bank-funded Boeung Kak Lake project in Cambodia, residents were deprived of land rights when flooding caused by filling of the lake with sand forced families to leave their homes while others were compelled to accept compensation at much below the market rate.

The Bank was not bothered that the Kaptai Dam project funded by it not only caused gross violation of human rights of the indigenous community of the Chittagong Hill Tracts in 1960, displacing over 100,000 people and flooding a lion's share of cultivable land in the region, but also sowed the seeds of a conflict that is bleeding Bangladesh till date. The example created by this Bank-funded project has been systematically followed over the years to evict the indigenous people from their ancestral homes, to deprive them of fundamental rights to life and livelihood, to transform the demographic and socio-cultural landscape and to militarise the region.   

Credible research has demonstrated how World Bank policies led to deliberate manipulation of market forces that destroyed economic opportunities and created a situation of famine and social despair that accelerated the process that leading to genocide. Hundreds of Mayans were massacred by military in Guatemala in 1982 for resisting eviction of innocent indigenous people designed to implement the Bank-funded Chixoy Dam. In Uganda 30,000 forest dwellers and peasants were evicted to implement the Kibale Forest and Game Corridor programme under the Bank-funded Forestry Rehabilitation Project.  

The list is incomplete. The World Bank should face the mirror and opt for standards and practices to respect and uphold human rights as indispensable precondition for designing and implementing projects funded by it. They must ensure that no project is designed and implemented without conducting fully independent impact assessment in terms of human rights in general and rights of poor, marginalised and indigenous population in particular. The WB cannot be disrespectful to international human rights standards just because it needs to expand lending. It cannot, because it's funders -- people of its member countries -- have not given it the right to do so.

The writer is Executive Director of Transparency International Bangladesh and member of the International Chittagong Hill Tracts Commission.

Source: http://www.thedailystar.net/world-bank-and-rights-of-indigenous-people-37976

PCJSS man ‘tortured to death’ in army custody

The victim Duran Chakma Babu, 52, was an organiser for Matiranga upazila

An upazila-level leader of Parbatya Chattagram Jana Samhati Samity’s (PCJSS) MN Larma faction has been killed allegedly following torture by the members of Bangladesh Army in Guimara of Khagrachhari.

It is also alleged that the victim was cremated amid high security arrangement by both the army and the local police without carrying out any post-mortem examination.

The victim Duran Chakma Babu, 52, was an organiser for Matiranga upazila. He hailed from Bhoirofa under Dighinala in the district.

The PCJSS faction and its student fronts staged demonstrations protesting the killing and the arrest of three other members. They also threatened to announce tougher programmes.

Duran was held along with three of his fellows from the PCJSS faction in a sudden raid conducted by the army men around 4:30am Saturday in the house of Nishi Moni Chakma at Indramoni Karbari Para of Guimara. The raid was led by Maj Mobin of Guimara Regional Camp.

The arrestees are Nishi Moni Chakma, 40, Amar Kanti Chakma, 18, and Rimel Tripura, 34. They were handed over to Guimara police on Saturday night.

According to the army, they recovered two pairs of military boots and an army trouser, and organisational documents, receipts of collecting party funds, and cash worth Tk3,557 from their possessions.

Guimara OC Mohammad Abu Yusuf Mia said the raid had been conducted by the army on a tip-off that there was a meeting underway in that house to launch subversive activities. The trio was held red-handed.

Sub-Inspector Md Idris Mia has been given the charge to investigate the matter. Moreover, the OC said an extortion case had been filed against the three.

Maj Mobin said Duran Chakma had died at Matiranga Health Complex from breathing problem.

He said, on information given by the four detainees, they had taken Duran to Bailyachhari rubber grove to recover hidden arms around 9:15am on Sunday. The operation was led by Matiranga Zone’s Captain Kauser Badal.

Duran tried to flee the scene as the army men had found a light machine-gun and two rounds of ammunition, and jumped off the hill. “He fell on a tree and hurt his chest. As he started to face breathing problem, the team took him to Matiranga Health Complex around 10:30am. He died there around 1:30pm. Doctors told us that Duran had breathing problems from before.”

Matiranga police OC Mohammad Moin Uddin Khan said the body was taken to Khagrachhari Sadar Hospital to conduct a post-mortem examination and that no one from the victim’s family had contacted the police.

Other versions differ

Locals and several police personnel, seeking anonymity, claimed that after the raid early Saturday, the four PCJSS members had been taken to the Guimara Regional Camp and tortured severely until night. Duran fell sick at that time, and so he was not handed over to the police.

Locals also say the activists had gone to the house of Nishi Moni to hold a regular organisational meeting and that it was an informal one.

Police say the trio, who were sued for extortion, had no cases filed against them.

Sources in police also confirmed to the Dhaka Tribune that the body Duran had not been taken to Khagrachhari Hospital for post-mortem examination and had been kept somewhere unknown until the night.

Witnesses said the body was taken to Matiranga Mohajan Para cremation ground around 11:30pm on Sunday amid tight security.

Members of the army and the police cordoned the area, entered the ground breaking the gate and cremated Duran’s body by putting petrol on it. The cremation ground authorities were not informed about the issue either.

Locals suspect that the army was behind the death of Duran since the body had not been examined and was cremated hurriedly. 

Source: http://www.dhakatribune.com/crime/2014/aug/12/pcjss-man-%E2%80%98tortured-death%E2%80%99-army-custody