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.

***Continue reading here:

*** https://www.academia.edu/8358795/Recognising_Indigenous_People_the_Bangladeshi_Way

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.

...........................................

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.

.................................................

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.

.................................................................

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.  

...........................................

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

One dies from army torture in Matiranga

One person, believed to be a member of the M. N. Larma faction of the Jana Samhati Samiti, died of army torture on Sunday in Matiranga.

The deceased has been identified as Duronto Chakma alias Duran, 52.

According to various sources, on the night of 9 August, a group of army personnel from Matiranga zone raided the village of Lemuchara, carried out house-to-house searches early next morning and arrested four persons including Duran.

The other three arrested persons – Nakul Tripura alias Rial, 34; Nishi Moni Chakma, 40; and his son Amar Kanti Chakma – are also believed to be members of JSS (M.N. Larma).

They were all taken to Matiranga zone and tortured badly.

When Duronto Chakma fell ill from torture, he was admitted to Matiranga Health Complex at noon in a critical condition and breathed his last there.

The Officer-in-charge of Matiranga Thana, Main Uddin, said the dead body had been sent to Khagrachari Sadar Hospital for autopsy and added that a case of ‘unnatural death’ had been filed in this connection.

The army took charge of the dead body and burnt it at Mahajon Para cremation ground at 11pm.

Meanwhile, the army handed the other three JSS (M. N. Larma) members over to the police in Guimara.

The Officer-in-charge of Guimara Thana, Md. Abu Yusuf, told chtnews.com that a case had been filed against them on charge of extortion.

A leader of the JSS (M. N. Larma faction) denies that the arrested, including Duran, were members of his party.

....................................................................

Source: http://chtnews.com/english/?p=1273

International Day of the World's Indigenous Peoples

9 August

Secretary-General's Message for 2014

This year’s International Day of the World’s Indigenous Peoples comes at a critical moment as the world endeavours to meet the Millennium Development Goals, forge a new vision for sustainable development and prepare the groundwork for the adoption of a new legal climate agreement – all by 2015.

Indigenous peoples have a central interest in these objectives – and can act as powerful agents of progress. In order for them to contribute to our common future, we must secure their rights. 

The UN Declaration on the Rights of Indigenous Peoples establishes minimum standards for their survival, dignity, well-being and rights. But huge gaps remain between those ideals and the circumstances facing most of the world’s indigenous peoples. 

While a number of countries have constitutional and legislative frameworks that recognize indigenous peoples, many others do not, leaving their lives and lands exposed to threats. Historical injustices have all too often resulted in exclusion and poverty.  Power structures have and continue to create obstacles to indigenous peoples’ right to self-determination. They are among those who tend to face comparatively higher barriers to progress. The negative effects reverberate beyond indigenous communities, affecting societies as a whole.

The interests of the indigenous peoples must be part of the new development agenda in order for it to succeed.

As we prepare for the World Conference on Indigenous Peoples in September, I urge all Member States to work in full partnership with indigenous peoples and their representatives to improve their lives and opportunities.

Together, let us recognize and celebrate the valuable and distinctive identities of indigenous peoples around the world. Let us work even harder to empower them and support their aspirations. 

On this International Day for the World’s Indigenous Peoples, I call on all partners to join the United Nations in promoting and protecting their rights which are essential for our common future.

Ban Ki-moon

Source: http://www.un.org/en/events/indigenousday/2014/sgmessage.shtml

Life is still not ours: A story of Chittagong Hill Tracts

A documentary film by Arnab Dewan

Published on Aug 8, 2014

The Chittagong Hill Tracts (CHTs) is a region located in the south-eastern part of Bangladesh, bordering Myanmar to the south and south-east, and India to the north and north-east. Today, CHTs consists of three hill districts -- Khagrachari, Rangamati and Bandarban. For centuries, CHTs has been home to over eleven distinct groups of indigenous peoples. They continue to live in close conformity with their ancestral ways of life maintaining their individual identities, languages, cultures and beliefs.

From the time of British colonization to the present, CHTs and its peoples have been subject to repeated exploitation. With this backdrop, 'Life is still not ours: a story of Chittagong Hill Tracts' -- explores the historical development of the CHT region from the beginning of British colonization and how it has led to today's struggles. The film presents the reality of 'what happens to a region and its peoples when decisions concerning their lives and future are made without keeping them in confidence, but instead policies are adopted by external authorities with the sole motive of profit'. 

Life is still not ours: a story of Chittagong Hill Tracts - is an attempt to weave together the complex history of the region featuring expert commentaries of, among others, Shapan Adnan (Sociologist & Member of Chittagong Hill Tracts Commission), Sugata Chakma (Former Director, Rangamati Tribal Cultural Institute), Sanjeeb Drong (General Secretary, Bangladesh Indigenous Peoples Forum), Philip Gain (Director -- Society for Environment and Human Development [SEHD]), Zobaida Nasreen (Anthropologist, University of Dhaka), Ida Nicolaisen (Anthropologist & Former Chairperson of Chittagong Hill Tracts Commission), Raja Devasish Roy (Chakma Circle Chief & Member of United Nations Permanent Forum on Indigenous Issues[UNPFII]) and Willem Van Schendel (Chair in Modern Asian History - University of Amsterdam & co-author of "The Chittagong Hill Tracts: Life in a Borderland").

Life is still not ours (Full Film)

Please browse this link to see it on you tube: https://www.youtube.com/watch?v=JmIIRBv-LQw&feature=youtu.be

International Day of the World's Indigenous Peoples

Parbattya Chattagram Mohila Samity (Women wing of PCJSS) is going to celebrate the International Day of World's Indigenous Peoples in Khagrachhari town on Saturday, August 09, 2014.

Theme: "Bridging the Gap: Implementing the Rights of Indigenous Peoples"

Poster of the International Day of World's Indigenous Peoples, 9th August, 2014, published by Parbattya Chattagram Mohila Samity, Khagrachhari Hill Tracts, CHT. 

"The focus of this year's International Day is "Bridging the Gap: Implementing the Rights of Indigenous Peoples". The theme aims to highlight the importance of implementing the rights of indigenous peoples through policies and programmes at both the national and international level working together towards this common goal with Governments, the United Nations system, indigenous peoples and other stakeholders.

Rape used as weapon

Indigenous women in CHT increasingly becoming victims of violence designed to displace them 

Tamanna Khan

 

Rape has become a most pervasive crime against indigenous women in the Chittagong Hill Tracts, and the perpetrators in majority of the cases are Bangalee settlers, lawyers and rights activists say.

   

The idea behind this is to create panic among indigenous women and thus force them to leave their homes and stay somewhere else. This makes it easier for the settlers to occupy their land.

   

Before the signing of the peace treaty between the government and the Parbatya Chattagram Jana Sanghati Samiti in 1997, rape was used as a weapon to suppress the indigenous community's movement for autonomy, said Samari Chakma, a lawyer and rights activist in Khagrachhari. 

"But over the past few years, incidents of rape have increased to evict the hill people from their land," she told The Daily Star.

Between January and April this year, 15 cases of violence against indigenous women have been reported in the region. Of them, eight were rape incidents and two murders after rape, according to a report by Kapaeeng Foundation.

LAND OF FEAR

The foundation's 2013 report shows that between 2007 and 2013, some 175 incidents of violence against women took place in the three hill districts -- Rangamati, Khagrachhari and Bandarban. As many as 49 of them were rape and gang rape.

"Minor girls, particularly those below 18, are the most common victims. Many are murdered after rape," said Tuku Talukdar, convener of Narir Proti Sohingsota Protirodh Andolon, a Rangamati-based rights organisation. Young girls usually fall victim on their way to and from school or when they go to nearby bushes to collect firewood or bring their cattle home, added Tuku, also an advocate.

As a result, it is becoming increasingly difficult for women and young girls to come out of their homes alone, something they did without fear even five to six years ago.

And even as such violence against women rises, the perpetrators go unpunished or even unidentified.

Between January 2010 and December 2011, 22 cases were filed for rape in Bandarban, 36 in Khagrachhari and 37 in Rangamati. Trials in several cases have ended, but not a single accused was convicted, according to a study by the Chittagong Hill Tracts Commission.

"Most perpetrators have links with local Bangalee councils or influential political leaders of the Awami League, BNP and Jamaat. They often try to prevent the families from reporting to the police by settling the matter with money," said Tuku.

In other cases, victims do not report those because of the social stigma associated with it.

According to the Kapaeeng Foundation report, four of the eight rape incidents between January and April this year have been reported to the police.

Weak charge sheets, language barriers faced by the indigenous community at police stations and courts, where most of the officials are Bangalees, weaken the cases, according to lawyers.

Samari cited the example of a Tripura girl who, already overwhelmed by the trauma of recounting the assault, failed to properly relate the incident to the defence lawyer during cross-examination in the court.

This will certainly give the accused some benefit of doubt and may weaken the merit of the ongoing trial, lawyers said.

In some cases police do not take the complaints. In other instances, they write the first information report ignoring the victim's statement, said Tuku.

Then there is the lengthy legal process.

"The dates of hearing are set so far apart that the accused often get bail in the meantime and threaten the witnesses and the victims," said Shefalika Tripura, executive director of Khagrapur Mohila Kalyan Samity, an NGO that provides legal help to rape victims. 

'IT'S ALL ABOUT LAND'

Nobomohan Tripura, whose mother was raped and killed in September 2009 over a land dispute, described how all the five accused have been threatening his family since.

"Four accused were arrested but they came out of jail after getting bail from the High Court. They have been threatening us to withdraw the case.

"They say I will meet an end like my mother if I do not comply," he said, adding that they cannot go near their land out of fear. 

Shefalika of Khagrapur Mohila Kalyan Samity said, "Had there been conviction in at least one case, people would have received a message and refrained from committing such crimes."

Another problem cited by lawyers and rights activists is tampering with the medical report in many rape cases.

Both Samari and Tuku alleged that doctors in the hill districts have been ordered by the higher authorities to produce negative medical examination report in cases of rape by Bangalee settlers to prevent communal tension.

Samari gave the example of Sabita Chakma's case.  The 30-year-old was raped and killed on February 15 this year, allegedly by three Bangalee sand collectors. 

The medical examination report came out negative though Sabita's body was found almost without any clothes, said Somari.

Sanjib Tripura, residential medical officer of Khagrachhari district Sadar hospital where the examination was done, said all the tests were conducted as per the due procedures and reports were given based on the findings.

But he declined to speak about any particular case.

The troubles in the hills have a link with the non-implementation of the peace accord, according to Meghna Guhathakurta, a researcher and advisor of the CHT commission.

Because of the government's failure to keep its promise, Bangalee settlers have continued to occupy the land that once belonged to the indigenous community, she said, adding that there was no trust between the two peoples there.

"The issue of land grabbing has created this mistrust in the hills where sexual violence is part of the day to day conflict," she said.

Under the peace treaty, no one can buy, sell, lease or even transfer the ownership of land there without the prior permission of the CHT regional council. But the authorities have failed to ensure this.        

Contacted, Rangamati police superintendent Amena Begum denied that police were reluctant to take rape case.

"There is a strict order that they must inform the SP or their senior officials whenever such an incident takes place. If we come to know of the incident from the media or any other sources, then the police officer is held accountable."

She, however, said attempts were often made by indigenous community leaders or Bangalee union chairmen or members to settle the rape cases out of court. "We are trying to build awareness to prevent this."

...........................................................................................................................

Source: http://www.thedailystar.net/backpage/rape-used-as-weapon-35181

The political economy behind ethnic violence in the CHT

ON July 5, the car containing members of the CHT Commission came under attack when they were leaving Rangamati for Chittagong. This was the seventh mission of the Commission and their objective was to investigate allegations of human rights violations and make an assessment of the status of the implementation of the 1997 CHT Accord.

A BGB sentry post about 50 feet away from a children's school in Babuchara, Khagrachari. Local people have protested and clashed with the BGB there over the setting up of a BGB battalion headquarter. Photo: Hana Shams Ahmed

The particular allegations that the Commission was investigating were: a case in Babuchara, Khagrachari, where 21 indigenous families had become homeless after protests followed by clashes with Border Guard Bangladesh (BGB) over land acquisition of local people to set up a new battalion headquarter; a clash between locals and policemen in Baghaichari Rangamati, over setting up of a Buddhist meditation centre; a case in Rowangchari, Bandarban, where BGB allegedly acquired land to set up a sector battalion headquarter next to a Buddhist temple; and the expansion of a military garrison in Ruma, Bandarban, which would allegedly leave hundreds of indigenous people homeless in three mouzas of that area.

One can conclude that there was a very strong interest from vested quarters to oppose these inquiries by the Commission, an interest so strong that even a large number of 20-something armed police officers not only failed to stop the attack but also failed to arrest a single unarmed attacker from such close proximity.

This is, of course, not the first time that an attack has taken place in the CHT in presence of police officers. In fact, it is a recurring theme in all the attacks carried out on indigenous peoples in the last few years -- including one in Sajek in August 2008, another in Sajek and Khagrachari sadar in February 2010, Rangamati in September 2012, Taindong in August 2013, to name just a few. It is needless to talk about the insecurity of the people who faced this violence when even police protection failed to protect the car of the CHT Commission.

It was six Bengali groups, including Somo Odhikar Andolon, Parbatya Gono Parishad, Parbatya Bangali Chhattra Parishad, Parbattya Nagarik Parishad, Parbatya Bangali Chhattra Aikya Parishad and Parbatya Jubo Front who called a blockade to obstruct the movement of the CHT Commission and who we can conclude were also involved with the attack on the Commission. It is a well-known fact that Somo Odhikar Andolon (and perhaps the others too) are composed of all major national political groups, including Awami League, BNP and Jamaat, one of the few places in Bangladesh where such all-party solidarity exists. Apart from the patronisation of the political groups, it is also composed of leaders from various occupational cooperatives in the CHT and other big businesspersons in the area. These leaders have, over the years, been involved with land-grabbing and building up a Bengali-centric leadership, and are also believed to get their sense of superiority and impunity through the security forces.

The Somo Odhikar Andolon (Equal Rights Movement) and other such groups play the ethnic nationalism card in a rather skewed manner. While the history of Bangladesh has many examples of attacks and marginalisation on ethnic, religious and linguistic minorities, while the percentage of indigenous peoples in the CHT continues to dwindle, while the state continues to fail to protect the land and self-identification rights of the indigenous peoples, these groups claim that it is in fact the Bengalis who are being disenfranchised. The Bengalis, who were brought into the CHT under state patronisation and continue to receive food rations under the military's pacification programme, are being projected as 'minorities' and to prove their case their right-wing media depict CHT Commission as anti-Bengali, and as having secessionist policies, and so must be prevented from coming to the CHT at all costs.

But, in fact, the post-conflict violence in the CHT is fuelled not by nationalist ethnic sentiment, nor by external security concerns, but rather by the political economy of land and natural resources in the CHT. It is by constructing a sense of ethnic insecurity that these organised Bengali groups carry out attacks with such zeal over indigenous villagers. Although ethnic, nationalist sentiments have repeatedly been used to inflame the violence in the CHT, what lies behind is the interest of land-grabbers and the political elite who have support from state forces.

It is also worth noting that the field visits planned by the CHT Commission this time all involved allegations of land acquisition by state forces for increasing the presence of security personnel. The military is not only increasing its presence in the CHT, but has also been increasingly involved with development work and setting up of tourist spots -- neither of which is in their function.

It will be interesting to see if Hervé Ladsous, the United Nations Under-Secretary-General for the Department Peacekeeping Operations (DPKO), who is due to make a high-level visit to Bangladesh later this month, will enquire into human rights violations in the CHT in the presence of the military. The DPKO has so far played a very hands-off approach to matters within the territory of the troop-sending countries. Until then, enquirers of land-grabbing and human rights violations in the CHT may have to face the same fate as the CHT Commission.

Source: http://www.thedailystar.net/op-ed/the-political-economy-behind-ethnic-violence-in-the-cht-33682

Building Bgb Battalion Hq

21 Adivasi families become homeless

Evicted by Border Guard Bangladesh, Gopa, her hand in the cast, along with the Adivasis who have been evicted from their homes is now living in a school in Khagrachhari. The photo was taken recently. Photo: Courtesy

Gopa Rani Chakma has become homeless for the second time in her life.
The mother of three children along with 20 other Adivasi families was made homeless when Border Guard Bangladesh (BGB) personnel started fencing off their villages -- Shashi Mohon Karbari Para and Jatna Mohon Karbari Para of Dighinala -- with barbed wire on May 15.

The BGB is building a battalion headquarters there. The BGB restricted the villagers from entering the area.

"My life has been a continuous struggle to find a home in Bangladesh. But I've always been denied that right," Gopa told this correspondent in a school compound where the evicted families have been staying for nearly a month.

Her 16-year-old daughter Opsora had been arrested in a case filed by BGB against several hundred people following a clash between the villagers and BGB men on June 10. The clash broke out when several Adivasi women, including Gopa, attempted to go to their homes inside the fenced off area.

The clash left four women injured. The villagers have not been allowed to go to their homes since.

In 1989, Gopa and many others in the village had fled to Tripura to escape violent clashes between the indigenous people and the armed forces. She returned to her village after the signing of Chittagong Hill Tracts Peace Accord in 1997, but could not manage to build a home there until recently.

Gopa's ancestors came to the area in the 1960s when they were displaced from Rangamati due to the construction of the Kaptai Dam. The BGB headquarters is being built on 29.81 acres of land where the decades-old Baghaichhari Government Primary School (No 2) is. As the entire area is fenced off with barbed wire now, the school has become virtually inaccessible to its students, many of whom are from the evicted families.

“None of us will send the children to a school inside the headquarters that made us homeless in the first place,” said Santosh Kumar Karbari, a village elder who lost two shops there.

Meanwhile, around 80 people of the evicted families have taken shelter in three classrooms of the nearby Babuchhara High School. Women, children and the elderly have been living in inhuman conditions in the dingy rooms for over a month.
“Most of us have not been able to bring even kitchen utensils and clothes with us, let alone other necessary stuff. I don't know how long we will be able to live like this,” said Mrinal Kanti Chakma, another evicted resident of the village.

Uncertainty grips them as they do not know where to go when the school opens after the Ramadan holidays. The local administration as well as the BGB, however, said the families were making "false claims" in the hope of making some quick cash in the name of compensation.

“A vested quarter, which does not want the headquarters to be built here, has instigated the indigenous people to make such irrational claims,” said Major Kamal Uddin of BGB 51 Battalion.

Asked why the primary school had been fenced in, he said, “We will open the gates during school hours so the students can attend classes.” Md Masud Karim, deputy commissioner of Khagrachhari, admitted that fencing the school was a mistake. "I will tell them to remove the fence," he said while talking to journalists at his residence.
He asserted that the 21 families, claiming to have lost their homes, were doing so "to tarnish the image of BGB and hamper the administration's land acquisition process".
The indigenous people said the administration had offered 10 of them cash for their land and trees but they had rejected the offer outright.

"We want our homes back. No amount of compensation is as good as our homes," said Mrinal Kanti Chakma. Nobokamal Chakma, the chairman of Dighinala upazila, said the authorities should have asked the opinion of the local government representatives before evicting the families.

Source: http://www.thedailystar.net/newsarchive/21-adivasi-families-become-homeless-33254

Int'l CHT Commission Motorcade

Attackers should be sued for attempted murder

Says columnist Syed Abul Moksud
 

A case for attempted murder should be filed against those who attacked the motorcade of the International Chittagong Hill Tracts Commission in Rangamati on Saturday, noted columnist Syed Abul Moksud said yesterday.

Somebody could have got killed by the projectiles raining down on the two cars, he told a press conference organised by "Nagorik Protinidhi Dal", a group of rights activists, at Dhaka Reporters Unity.

Bangalee settlers allegedly carried out the attack, opposing the commission members' visit to the three hill districts following the news that the government has evicted 21 indigenous families in Dighinala upazila of Khagrachhari to build the headquarters of a Border Guard Bangladesh (BGB) battalion there. Nagorik Protinidhi Dal visited Dighinala upazila last month.

Moksud said, “Evicting indigenous people goes against the principles of our constitution, which protects the interests of underprivileged communities.”

Reading out a statement, activist Rashed Rine said the displace dadivasi families had been living in a local school for nearly a month, lacking proper sanitation and hygiene.

Sanjeeb Drong, general secretary of Bangladesh Indigenous Peoples Forum, said the attack on an international rights body like the CHT Commission alone showed how vulnerable adivasi people were in the hill tracts.

“The indigenous people are living like exiles in their own lands,” he said.
Other speakers demanded that the evicted families be given back their homes.

................................................................................

Courtesy: The Daily Star, July 08, 2014

Source: http://www.thedailystar.net/city/attackers-should-be-sued-for-attempted-murder-32311

Four injured in attack on CHTC team

The motorcade came under attack near local DGFI office
 

Four officials of International Chittagong Hill Tracts Commission (CHTC) and a police officer received injuries when their motorcade came under attack, allegedly by Bangalee settlers, in Rangamati yesterday.

The members of CHTC alleged that activists of Bangalee Somo Odhikar Andolon and its like-minded organisations might have been behind attack on their motorcade, which was under police protection, in Rangamati town.

The attack was launched around 2pm in Omda Miah Hill area of the town. The injured were CHTC member Dr Iftekharuzzaman, also executive director of the Transparency International Bangladesh (TIB), Research Official Ilira Dewan, car driver Nur Hossain and Sadar Police Station OC Monu Sohel Imtiaz.

Three rounds of bullets were fired in the air while the attackers also hurled brick chips on the microbus carrying the CHTC members, Abul Kalam Azad, the additional police superintendent of Rangamati, said.

“We are yet to arrest anyone. We are not sure who were involved in the attack. We will follow legal procedures once we gather all the information,” he added.

Under police escort, a car carrying the commission members left Rangamati town around 4:30pm.

Sultana Kamal, co-chairman of the CHTC, later at a press conference in Chittagong said six organisations of the CHT, which had been defying the conditions of the 1997 Peace Accord from the very beginning, might have launched the attack.

Commission members including lawyer Sara Hossain, rights activist Khushi Kabir and Swapan Adnan were also travelling with the team.

Members of the commission were carrying out their seventh mission in the three CHT districts scheduled for July 2-8. As part of the mission, they visited different places including Babuchhara, Todekmara and Dui Tila of Rangamati and Khagrachhari. They also spoke to various groups and members of the local administration.

However, leaders of Bangalee Somo Odhikar Parishad and three other settler Bangalee-led groups earlier protested the CHT commission’s visit alleging that it would damage peace and tranquillity in the area. They labelled the commission as a controversial organisation and its members as brokers.

They also urged the government to ban it in the CHT.

Two of the four organisations on July 3 even announced a four-day blockade in Bandarban from yesterday claiming that the commission was trying to create divisions among the Bangalees and the indigenous people of the hills. The blockade was withdrawn yesterday as the team cancelled its tour to Bandarban.

Ripon, a Bangalee youth who witnesses the incident, said: “The attackers set fire to a tire just beside the house of additional SP of Rangamati Sadar Circle. The place is around 60 yards away from a BGB camp. Once the motorcade reached the area, they started hurling bricks.

“Around 150-200 people were in the group. All of them were Bangalee but they are not inhabitants of the area. They were chanting slogans mostly against Sultana Kamal and in favour of Somo Odhikar organisations.”

Sultana Kamal said the seven-member team went to Bandarban on July 2 to see progress of the execution of the Peace Accord. The visit was aimed at finding out whether the CHT people had been getting benefits of the accord and the barriers behind its full implementation, she said.

“We sat with different organisations of the CHT areas including Parbatya Chattagram Jana Samhati Samity (PCJSS) and United People’s Democratic Front (UPDF) in Bandarban. We had a scheduled meeting with Bangalee Somo Odhikar Parishad in Rangamati today [yesterday]. When we were staying in Parjatan Motel this morning [yesterday], we were trying to communicate with its leaders. However, they refused to sit with us.

“A number of local people, inspired by its local leader Nurjahan, started gathering people around our hotel and hurled abuse at us,” Sultana said adding that they sought help from the law enforcement agencies as the crowd, at one stage, became threat for them.

She said they finally decided to leave Rangamati as the attempts for discussion had gone into vain.

“We faced the attack when our motorcade, under police protection, reached in front of the local DGFI office. The attackers from behind the DGFI office started hurling stones at our vehicles. They also shot two rounds of bullets,” said Sultana, also a former caretaker government adviser.

“The injured were taken to Combined Military Hospital in Chittagong Cantonment where we had a scheduled meeting with the GOC of the cantonment. The meeting was postponed due to the incident,” she added.

When contacted, Central Coordinator of Parbatya Chattagram Somo Odhikar Andolon Moniruzzaman Monir declined to comment whether his party members were involved in the attack or not.

“I believe aggrieved Bangalee people did this,” he told the Dhaka Tribune.

Bangalee Somo Odhikar Parishad is a faction operating under the Parbatya Chattagram Somo Odhikar Andolon.

The other organisations supporting the Andolon are Parbatya Bangalee Chhatra Parishad (PBCP), Parbatya Nagorik Parishad (PNP), Parbatya Dalopati Parishad (PDP) and Parbatya Chhatra Oikya Parishad (PCAP).

The CHT commission officials said they had contacted the leaders of Bangalee Somo Odhikar Parishad to have an appointment so that the commission could take their opinion on the CHT issues.

Asked about it, Monir said: “The Rangamati district administration contacted us over phone and asked us to prepare a group of representatives to sit with the commission officials. We rejected their invitation since we did not get any formal invitation from the commission in this regard.”

At one point, he said: “Why should we meet them? They brought with them Ilira Dewan who was a member of the Hill Women’s Federation for a long time. We told them [the commission] not to come to the CHT.”

Ilira was injured critically in the attack. 

..........................................................

Courtesy: Dhaka Tribune, July 06, 2014

Source: http://www.dhakatribune.com/bangladesh/2014/jul/06/four-injured-attack-chtc-team