Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh Editor Dr. Dalem Chandra Barman Pallab Chakma Kapaeeng Foundation Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh - 1 - Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh First Edition 10 December 2010 Published by Kapaeeng Foundation House # 23/25, Salma Garden Apartment, Road # 4, PC Culture Housing, Block # B, Mohammadpur, Dhaka-1207 Tel: +88-02-8190801, E-mail: [email protected], [email protected] Web: www.barc-bd.org © Kapaeeng Foundation Supported by Oxfam-GB Disclaimer Oxfam is not responsible for any comments, contexts and subjects of this report. Printed by Barsha Private Limited Babu Pura, Kantaban, Dhaka - 1000 Price Taka 200 US $ 10 Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh - 2 - INDIGENOUS PEOPLES’ HUMAN RIGHTS REPORT 2009-2010 CONTENT EXECUTIVE SUMMARY I. INTRODUCTION National Human Rights Commission Bangladesh Re-elected UN HR Council Member Universal Periodic Review General Election and New Government Upazila Parishad Election II. IDENTITY OF INDIGENOUS PEOPLES Identity of Indigenous Peoples MoCHTA’s Letter on Tribal-Indigenous Issues Foreign Minister’s Statement on `Indigenous Peoples’ GoB Statement and the Response by the UNPFII Experts during the 9th Session Constitutional Amendment and Recognition of Indigenous Peoples Indigenous Freedom Fighter Honoured Raja Devasish Roy elected as as Asia Expert Member of the UNPFII Parliamentary Caucus on Indigenous Issues III. LAND RIGHTS AND LAND DISPOSSESSION Land Acquisition in CHT Eviction and Displacement from ancestral land in plain lands Indigenous People of plains demand separate land commission Land grabbing and attack on Jumma peoples in CHT Media reports IV. GROSS HUMAN RIGHTS ISSUES Massive communal attack on indigenous villages in CHT Killings and impunity Arbitrary arrest Brutal assault and harassment Religious persecution Attack on and threats to IP leaders and rights defenders Activities of religious extremist Media report: Huji first to use hills V. WOMEN AND CHILDREN RIGHTS Women representation in the local government bodies Rape and killing Sexual assault and violence in CHT Sexual assault and violence in plain lands 16 children rescued from 'trafficker' in Bandarban Media report: Para Kendra a ray of hope for hill children, women VI. ECONOMIC, SOCIAL AND CULTURAL RIGHTS Budget allocation for indigenous peoples 18 indigenous ethnic groups to be left out of census National Education Policy and Indigenous Peoples Indigenous quota in education and employment Rangamati Science and Technology University Media report: Rats cause havoc to food security in CHT VII. AN AUDIT ON THE IMPLEMENTATION OF CHT ACCORD Implementation status of the Accord at a glance High Court verdict on CHT Accord and CHT Regional Council Government forms “Strategic Management Forum” to oversee CHT situation Audit on the implementation of the Accord by Clause Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh - 3 - Acronym ADP Annual Development Programme AIPP Asia Indigenous Peoples Pact BCS Bangladesh Civil Services CAT Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CBD Convention on Biological Diversity ICCPR International Covenant on Civil and Political Rights CEDAW Convention on the Elimination of All Forms of Racial Discrimination Against Women CESCR Covenant on Economic, Social and Cultural Rights CERD Convention on the Elimination of All Forms of Racial Discrimination CHT Chittagong Hill Tracts CHTDB Chittagong Hill Tracts Development Board CHTRC Chittagong Hill Tracts Regional Council CRC Convention on the Rights of the Child DC Deputy Commissioner GoB Government of Bangladesh HDC Hill District Council IDPs Internally Displaced Persons ILO International Labour Organisation IPs Indigenous Peoples MP Member of Parliament NHRC National Human Rights Commission OC Officer-in-Charge PCJSS Parbatta Chattagram Jana Samhati Samiti PRSP Poverty Reduction Strategy Paper RDC Research And Development Collective SAD Special Affairs Division SP Superintendent of Police UN United Nations UNDP United Nations Development Programme UNPFII United Nations Permanent Forum on Indigenous Issues UPDF United Peoples’ Democratic Fornt UPR Universal Periodic Review Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh - 4 - Contributors Prof. Mong Sa Nu : Member of CHT Citizens Committee and former Professor of Economics Mangal Kumar Chakma : Indigenous rights activist and Advisor, Kapaeeng Foundation Myenthein Promila : Project-in-Charge,ICDP, Caritas Barisal Region Lina Jesmin Lushai : Project Officer of Oxfam-GB in Dhaka and former internee at ILO Dhaka office Binota Moy Dhamai : Human Rights Coordinator, Asian Indigenous Peoples Pact (AIPP) and former indigenous fellow at UN office in Geneva James Ward Khakshi : Learning Fellow, France, Erusmus Mundus Mobility with Asia Sohel Chandra Hajong : Internee at ILO Dhaka office and former General Secretary of Bangladesh Adivasi Chatra Sangram Parishad Advocate Babul Rabidas : Lawyer, Joypurhat Bar Association and President, Jatiya Adivasi Parishad, Joypurhat district branch Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh - 5 - ACKNOWLEDGEMENT Kapaeeng Foundation has been working for the promotion and protection of human rights of indigenous peoples in Bangladesh since 2004. This human rights report covers the cases from 1 January 2009 to 30 November 2010. In order to prepare this report, Kapaeeng Foundation, through its network and focal persons, collected reports on human rights incidents and also investigate acts of violence and attacks against indigenous peoples. In addition, upon publication of reports in various news media, Kapaeeng Foundation also conducted fact-finding, collected relevant documentation, and interviewed victims, witnesses and local authorities. Kapaeeng Foundation also received reports from various organisations and groups engaged for campaigning human rights issues of indigenous peoples. Among them, Bangladesh Indigenous Peoples Forum, Jumma Peoples Network, Jumma Net–Japan, Asian Centre for Human Rights, Peace Campaign Group, Bangladesh Adivasi Odhikar Andolon, PCJSS, CHTnews Online, etc are most remarkable. On the other hand, Kapaeeng Foundation also monitored and reviewed the reports of local, national and international organisations working on indigenous peoples’ issues, such as, Ain O Salish Kendra (ASK), Odhikar, Bangladesh Legal Aid and Service Trust (BLAST), Hotline-Bangladesh, Global Human Rights Defence, Bangladesh Institute of Human Rights (BIHR), Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC), Bangladesh Minority Watch, International Work Group for Indigenous Affairs (IWGIA), Survival International, Amnesty International etc. Kapaeeng Foundation is grateful to these organisations and news media. This report has been edited by Dr. Dalem Chandra Barman, Professor of the Departmnet of Peace and Conflict Studies of University of Dhaka and Mr. Pallab Chakma, Coordinator of Kapaeeng Foundation. Contributions are made by a team of authors, namely, eminent academician Prof. Mong Sa Nu, indigenous rights activist Mr. Mangal Kumar Chakma, Project-in-Charge of Caritas Barisal office Ms. Myentthein Promila, Project Officer of Oxfam-GB Ms. Lina Jesmin Lushai, human rights activist Mr. Binota Moy Dhamai, indigenous rights activist Mr. James Ward Khakshi, ILO internee Mr. Sohel Hajong and Advocate Babul Rebidas of Jatiya Adivasi Parishad. Kapaeeng Foundation takes this opportunity to thank them all. Kapaeeng Foundation is grateful to those who supplied information and reports, particularly, Chakma Circle Chief Raja Devasish Roy, Prof. Mesbah Kamal and Ms. Rakhi Mrong of Bangladesh Adivasi Odhikar Andolon, Mr. Sanjeeb Drong and Mr. Shakti Pada Tripura of Bangladesh Indigenous Peoples Forum and Sajib Chakma of Jumma Writers Forum. Kapaeeng Foundation would like to express sincere gratitude to Oxfam-GB to come forward to support the publication of this report. Rabindranath Soren Chairperson Kapaeeng Foundation Human Rights Report 2009-2010 on Indigenous Peoples in Bangladesh - 6 - EXECUTIVE SUMMARY The Indigenous Peoples of Bangladesh are one of the most deprived groups in many aspects of economic, social, cultural and political rights mainly due to their status of ethnic minority. Evidences show that the indigenous people of the country have very limited access to basic human rights including right to basic public services. I. Introduction Bangladesh has ratified all major international human rights treaties and conventions. Bangladesh is legally bound to comply with these international human rights treaties. But it does not comply with them so far as the indigenous peoples are concerned. The situation of implementation of the provisions of the aforesaid treaties is far from good. The National Parliament passed the National Human Rights Commission Act on 9 July 2009. Investigation of human rights violation on indigenous/ Adivasi and ethnic minorities by the army and law enforcement agencies was remained out of jurisdiction of the National Human Rights Commission. In the general election, 4 indigenous candidates for Member of Parliament (MP) won the election while Awami League also nominated a women MP among from indigenous community from Cox’s Bazaar district. In the third Upazila Parishad election, 15 indigenous candidates were elected as chairman, 15 indigenous women as woman vice-chairperson