Seminar report on "Protection of the rights of land and languages of indigenous peoples in Bangladesh"
Indigenous people (IP) and religious minority communities in Bangladesh are being forced to leave the country as the state has failed to ensure their protection, eminent human rights activist Sultana Kamal made the remarks at a seminar titled "Protection of the rights of land and languages of indigenous peoples in Bangladesh" on 27 August 2019. The seminar was held in the auditorium of CIRDAP in Dhaka, on the occasion of “International Day of the World’s Indigenous Peoples”. Other speakers at the seminar stressed on the need of ensuring ethnic groups’ rights to land and language. They also urged the government to take necessary steps in this regard.
The International Day of the World’s Indigenous Peoples was celebrated around the world on 9 August in every year. This year the theme of the day was Indigenous Languages which focused the current situation of indigenous languages around the world within the framework of the 2019 International Year of Indigenous Languages. Considering the present reality of indigenous people in Bangladesh, it is observed that the level of deprivation of indigenous peoples has increased from the threat of their mother language to rights of land, even the right to survive. After 48 years of independence in Bangladesh, 3 million indigenous peoples of this country are deprived of human rights and basic freedoms. Their languages, cultures and lifestyles are being pushed towards a completely uncertain future. The land rights of the indigenous peoples are constantly taken away.
The national committee led by ALRD comprising of 19 non-government organizations have organized the event to observe the day of the World’s Indigenous Peoples. The seminar was chaired by Sultana Kamal, while two separate papers were presented by Sanjeeb Drong and Prof. Dr. Robayet Ferdous. Panel discussants were Khushi Kabir, Justice Md. Nizamul Haque, Adv. Rana Dasgupta and Barrister Jotirmoy Barua. The seminar started with the welcome remarks by the ALRD Executive Director Shamsul Huda. A total of 271 representatives including IP representatives, researchers, academics, advocates, political figures, local representatives, journalists, NGO representatives, students etc. were participated in the seminar.
Inaugural Speech: Addressing the seminar as the introductory speaker, Shamsul Huda, executive director of Association of Land Reform and Development (ALRD), said respecting the rights of the country’s indigenous population means respecting the spirit of the Liberation War. He added that the CHT Peace Accord 1997 has been made with recognition of the customary rights of the indigenous people. Appealing the importance of indigenous languages in light of national education policy and constitutional recognition of indigenous people, he said, "We hope the government will implement these recognitions." The government needs to be more involved with the demands of indigenous peoples' education in their own language. Emphasis should be given on formulating the policy for hiring teachers from indigenous community. Also budget should be allocated to preserve the languages which are being extinct. He added that the recent budget of Chittagong Hill Tracts has been reduced. Budget allocation for indigenous people must be increased. He demanded the increase of the budget of the indigenous people in the supplementary budget so that the indigenous people could live with security like others.
Also, budgetary allocations should be made to preserve languages that are being ignored. He added that the current budget has reduced the budget of Chittagong Hill Tracts. Budget allocation for indigenous people must be increased. He demanded the increase of the budget of the indigenous people in the supplementary budget so that the indigenous people could live with security like no other.
Presenting the 1st keynote paper:
While presenting his paper, Prof. Robayet Ferdous, a professor of communication and journalism at Dhaka University, said that indigenous peoples are constantly living in eviction and fear of extermination. Previously they were dispossessed from arable lands but now they are also being evicted from homesteads also. As consequence, indigenous people are also leaving the country. He demanded, land acquisition should be stopped in the name of development and traditional land rights of the indigenous people should be recognized. Peace Accord 1997 is not being implemented properly, he added. Human rights violations should be stopped by the implementation of the accord. For this, an action plan should be made and a protection law should be formulated for the indigenous people. Presenting the article, Professor Robayet Ferdous highlighted some recommendations and demands to protect the rights of the plain and hill indigenous peoples.
Presenting the 2nd keynote paper:
Sanjeeb Drong, the general secretary of Bangladesh Indigenous People’s Forum mentioned in his paper that IPs rights have been specifically mentioned in the 2030 agendas of SDGs or Sustainable Development Goals that the UN has adopted, with the slogan ' Leave No One behind'. Therefore, it is significant to ensure meaningful participation of the indigenous peoples and organizations in implementing the SDGs at country level. Indigenous teachers need to be recruited in special arrangements immediately for ensuring their education in own language. The Constitution of Bangladesh does not yet recognize the fundamental rights including ethnicity, political, economic, and land rights of indigenous peoples. Indigenous people’s organizations have repeatedly tried to assert that indigenous peoples have right to self-identity. It is the human rights of the indigenous people. Internationally, indigenous peoples' right to self-identity is recognized. Therefore, he demanded constitutional recognition of the fundamental rights of indigenous peoples including political, economic, and land rights based on the hopes and aspirations of the indigenous communities by amending the constitution.
Panel discussants:
Khushi Kabir, rights activists and coordinator of Nijera Kori said that indigenous peoples were participated in the liberation war of 1971. But those who participated in the Liberation War with the principles and beliefs will not be forgotten. “We all love our country, which means we also love all the people of our country; that includes the indigenous people”, she added. In that case, there should not be any difference between indigenous, minority and Bengali. Create opportunities for everyone to live in harmony. Moreover she added that the state should have to protect the properties of indigenous peoples and from of eviction. We have to stand up against all injustice.
Rana Dasgupta, general secretary of Bangladesh Hindu-Buddha-Christian Oikyo Parishad and a prosecutor in the International Crime Tribunal, said “During the Liberation War, our aim was to form a country that would be democratic and free from exploitation, where every citizen would be able to exercise their rights.” He also said that there was no division among the people during the War of Liberation. Presently indigenous people are identified as small ethnic groups. He also added that the main political parties in the hill region should come together and unite for their own existence. Opponents of the peace accord are benefiting due to conflict between themselves and its implementation is being hampered. He urged the political leaders in the Chittagong Hill Tracts region, including the Parbatya Chattagram Jana Samhati Samiti (PCJSS) leader Jyotirindra Bodhipriya Larma, popularly known as Shantu Larma, to come forward and maintain peace among the CHT-based political parties.We have to work also against religion and communalism across the subcontinent. He demanded for the increased security of lives and property of the indigenous and religious minorities.
Supreme Court lawyer Barrister Jotirmoy Barua said in the discussion that a case was filed against a reporter of the Daily Star for using the word 'indigenous' and the executive magistrate ordered the matter to be investigated. The Constitutional Magistrate has no jurisdiction over such constitutional matters. Only the Supreme Court has jurisdiction over the matter. According to the constitution, there is no legal barrier to use the word “Adibashi” anywhere in the country, rather than ethnic minorities, he added. “None of the existing laws has forbidden the use of the word ‘Adibashi’. Even, the country’s constitution does not say that the word cannot be used,” he said. “The government has formed a land commission for the CHT to solve land-related problems, but the commission has yet to resolve a single issue.” Instead of the land disputes being resolved, indigenous people have been uprooted from their lands, he alleged.
Nizamul Huq, former Justice of the Appellate Division, Supreme Court of Bangladesh, said that the government should ensure that each and every indigenous child can avail primary education in their own mother languages. The heritage of indigenous people is connected with their land, but they are being uprooted from their land. He added, those who implement the law must increase their perception and knowledge about the land. The head of the tribunal should know about section 97 of the Tenancy act 1950, he is obliged to know his duty. District administrators have to comply with their given responsibility. He also expressed concern over the declining population of the Rakhine community in the south.
The country has been liberated through the Liberation War in 1971 to ensure equal rights for all, but it has sadly moved away from that path, she said.
“Now, we have reached a position where we are trying to push a particular group of people [minority communities] in the country into a status of denial, constitutionally and by all means,” added Sultana. Sultana, also the co-chair of Chittagong Hill Tracts (CHT) Commission, said the population of minority communities was reducing gradually for various political, social and economic reasons, which implicates a consequence of the denial.
The authorities concerned have not been found to be taking any preventive measures while the number of these people are lessening in a planned manner, she alleged. said: “We believe in the spirit of the Liberation War, and we will not rest until we can fulfil the rights and demands of the indigenous communities.”
She said that the word “equality” means equal rights for all people.
The seminar speakers advised the government to take initiatives to resolve land disputes and other problems of the indigenous communities, including formation of separate land commission for indigenous communities, removal of all army camps from the CHT region, rehabilitation of Bangali settlers with dignity, reformation of land commission, reformation of The Chittagong Hill Tracts (Land Acquisition) Regulation, 1958, and implementation of laws for indigenous people in accordance with the International Convention on Indigenous and Tribal Peoples 107 (Convention 107), International Covenant on Civil and Political Rights (ICCPR), and the International Convention on Economic, Social Cultural Rights (ICESCR).
