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Justice Research Mapping BACKGROUND the Project Title Access to Justice for the Marginalized and Excluded Through Community Lega

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Justice Research Mapping BACKGROUND the Project Title Access to Justice for the Marginalized and Excluded Through Community Lega Justice Research Mapping BACKGROUND The Project title Access to Justice for the Marginalized and Excluded through Community Legal Services supported by CLS and implemented through consortium by BLAST and RIB. The aim was to contribute in providing greater access to justice to poor, marginalized and socially excluded communities, in particular women, across Bangladesh and thereby reduce poverty, inequality and discrimination. The objective under the project was to provide increased access to justice for socially excluded and marginalized women, men, children and thereby reduce poverty, inequality and discrimination in general as well specifically to contribute to improved awareness of rights, remedies and services among women, men, children in marginalized, socially excluded and hard to reach communities, their increased capacity to seek redress from the informal and formal justice system, to ensure greater voice and participation of marginalized, socially excluded communities in the process of law and policy reform etc. As part of activities, an evidenced-based research was conducted to support CLS. This activity was undertaken through consultation and research studies to examine discriminatory/arbitrary laws, policies and practices so that at the end such research studies may contribute towards mapping of CLS for better understanding of challenges and for future utilization into advocacy and policy discussion. Through this research an attempt was made to look deeper into laws, policies, practices, norms which are discriminatory in nature, or in some way or the other violating rights, entitlements of deprived section including marginalized and socially excluded people with focus on women and children in particular. By way of empirical and theoretical research, researchers derived various sources which led them to understand in a better way the lives of community people and their struggle as well as the available laws, policies, rules which are either beneficial for these communities or arbitrary/discriminatory in nature. This research has helped researcher in identifying the gaps in existing laws which if removed can play a big role in empowering the marginalized, socially excluded people particularly women. On the basis of research work undertaken by the researchers Bibliography on findings are prepared for mapping to support CLS. The purpose for this research was to consolidate two different segment mainly community and legal service in one domain. So far through this research study focus has been made on women and how they survive, belonging to various communities comprising of marginalized and socially excluded section. In the Bibliography prepared under this research though literature and survey sources reflecting the life, struggle and survival of women belonging to marginalized, deprived community has been included on the other hand more intrinsic study has been made and sources have been included in the Bibliography focusing on existing laws, policies, rules, orders, processes, practices which are affectively positively or negatively the lives of these marginalized women as well as the gaps in have been studies for better understanding and for future advocacy and policy dialogues. Therefore, this research bibliography gives an insight together on communities as well as laws, policies affecting these communities’ people. Any future researchers or activistif want to work with marginalized group will be benefitted out of this research as he/she will be able to have accessibility towards the socio-economic and political characteristic of these community particularly of women group as well how existing laws are proving to be detrimental towards protecting rights and interest of people belonging to marginalized, deprived and socially excluded section. METHODOLY In order to complete this research activity, several method was adopted, primarily a Senior Consultant took charge of the activity for research mapping under whose guidance two researchers were hired who were mainly involved with empirical and theoretical study of available literature on women belong to marginalized communities of various region of Bangladeshas well as they were given task to prepare bibliography on given literature and online survey. During their research period they have visited several libraries in Dhaka city and collected available literature on community people as well existing laws, policies, practices affecting lives of these communitywere extensively reviewed by researchers based on which bibliography was prepared. Researchers while preparing bibliography highlighted the central argument of the literature as well as evaluated how the author argued on the subject and came up with findings on whether it is applicable to present context that is relating to Community Legal Services and if not then what are areas having gaps with emphasis on how these gaps can be removed. Thereafter a panel of consultants was selected who revisited the sources of literature and online surveys contained under the bibliography prepared by the researchers, after much scrutiny and revision the draft was finalized and prepared for publication. Bibliography (Source of Online) 1. “Land rights of the Indigenous people of the Chittagong Hill Tracts in Bangladesh” from IWGIA Document No. 99 Copenhagen 2000 by Rajkumari Chandra Kalindi Roy Author: Rajkumari Chandra Kalindi Roy Publisher: International Work Group for Indigenous Affairs: Publisher: Copenhagen: International Work Group for Indigenous Affairs, 2000. Year of publication: 2000. Web link :http://www.iwgia.org/iwgia_files_publications_files/0128_Chittagong_hill_tracts.pdf This publication is an extensive research report on land rights of the indigenous community of Chittagong Hill Tracts (‘CHT’). The report has a threefold aim. 1. The short term objective of this study is to provide an analytical framework of the legal basis for the traditional land rights of the indigenous people of the Hill Tracts; 2. In the medium term analysis, this study aims to mobilize support at the local, national, regional and international levels to advance the achievement of a just and enduring solution to the land-related problems of the CHT. 3. As a long term goal the researcher hopes that this paper will provide the basis for an in-depth study on the customary laws, land rights and other aspects of the legal system in the CHT, as well as contributing to the efforts to find a permanent and just solution to the conflict, which includes the recognition of the rights of the indigenous peoples. The research is based on articles, ethnographic studies, socio-economic surveys, historical data, reports, legal documents and other materials, as well as interviews with indigenous people, including their leaders. Community: Indigenous community (CHT) Theme: Land Rights/Issues of indigenous people (CHT). Keywords: Indigenous people/Adibasi ; Property Rights; Minority 2. “The Tragedy of the Chittagong Hill Tracts in Bangladesh: Land Rights of Indigenous People” from Social Anthropology Course: SIMV07 Term: Spring 2014 by Md. Ashrafuzzaman Author:Md. Ashrafuzzaman Publisher/Source: Masters Level Dissertation at Lund University under supervision of Dr. ULF Johansson Dahre Year of publication: Spring 2014 Weblink:http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=4497285&fileOId= 4497292 The study is a post graduate research on the indigenous people of Chittagong Hill Tracts (‘CHT”) focusing on the significance of state policies at different periods of time regarding administration patterns and land rights of the indigenous people in the CHT. The researched notes that the indigenous community of CHT faced discrimination because of their culture and appearance as important factors that contributes to social marginalization. The research also highlights the oppressive measures taken by different regimes of the Colonial India, Pakistan and now Bangladesh in manipulating the cultural identity and history of the indigenous people, making them victims of repressive laws, confiscating their land for military purposes and for migrant settlers, sending the military to control them and creating conflict among the communities through ‘shameful’ mechanisms. This dissertation provides details of the historical background surrounding the conflict in the CHT region. This study also found out that the settlers have a tendency is to grab land belonging to the indigenous population and he proposes that to bring substantial chance to the status quo, the Bengalis ought to change their attitude to accommodate indigenous people of CHT as their co-inhabitants. In this research work, both primary and secondary data have been collected. The primary data was collected from several categories of indigenous and other people like students, teachers, farmers, businessmen, housewives, clan leaders, political leaders, government & non-government employees etc. Secondary data was collected from various written documents including books, research papers, journals, magazines, and newspapers. Community: Indigenous people (Chittagong Hill Tracts) Theme: Issues of indigenous population (Chittagong Hill Tracts) Key Word: Property; Indigenous people/adibashi ; state policy; Land rights; Peace accord ; minority Community: Indigenous People (CHT) 3. “Alienation of lands of indigenous people” from First edition: May 2011, Copyright: Shapan Adnan 2011 by Shapan Adnan and Ranjit Dastusidar Author: Shapan Adnan and Ranjit Dastusidar Publisher/Source: Chittagong Hill Tracts Commission
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