Indigenous Peoples Human Rights Report in Bangladesh 2007-2008 Kapaeeng Foundation 1 Indigenous Peoples Human Rights Report 2007-2008 First Edition June 2009 Editorial Board Dipayan Khisa Binota Moy Dhamai Pallab Chakma James Ward Khakshi Published by Kapaeeng Foundation House # 13/14, Babar Road, Block # B, Mohammadpur, Dhaka-1207 © Kapaeeng Foundation Supported by Oxfam-GB Disclaimer Acknowledgement Hiran Mitra Chakma Printed by Barsha Private Limited Babu Para, Kantaban, Dhaka Price Taka 200, US $ 10 2 Content EDITORIAL PROLEGOMENA: Mohammad Gholam Rabbani, Retired Judge PART A: INTRODUCTION PART B: LAND RIGHTS AND LAND GRABBING PART C: MAIN HUMAN RIGHTS ISSUES (I) Arbitrary Arrest (II) Extra Judicial killing (III) Torture and Harassment (IV) Religious Persecution PART D: WOMEN RIGHTS VIOLATIONS PART E: EDUCATION AND CHILDREN PART F: CHT ACCORD: CONTINUING NON-IMPLEMENTATION PART G: RECOMMENDATION ANNEX-1: FACT FINDING REPORTS (a) Report of the eminent citizens’ visit to Chittagong Hill Tracts (b) Sajek’s Burnt Villages: Citizen’s Team Calls for Inquiry and Urgent Relief (c) Report on 20th April 2008 Incident at Sajek Union ANNEX-2: MEMORANDUM (a) Letter written by Laurie Ferguson MP to High Commissioner of Bangladesh in Australia (b) Memorandum submitted by Jumma Peoples Network, UK to the Chied Advisor of the Caretaker Government of Bangladesh (c) Memorandum to A F Hassan Aariff by JUPNET-Asis-Pacific and Jumma Peoples Network – Japan (d) Appeal on Torture to Death of a Prominent Indigenous Leader, Mr Choles Ritchil of Bangladesh (e) OMCT : Bangladesh: Arson Attack On Indigenous Jumma Community in Sajek Union, the Chittagong Hill Tracts 3 Acronym BCS Bangladesh Civil Service 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 Tract 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 OC Officer-in-Charge OMCT World Organisation Against Torture PCJSS Parbatta Chattagram Jana Samhati Samiti PRSP Poverty Reduction Strategy Paper SAD Special Affairs Division SP Superintendent of Police UN United Nations UNDP United Nations Development Programme UPDF United Peoples’ Democratic Fornt 4 EDITORIAL The overall human rights situation of the indigenous peoples of Bangladesh is far from good. Discrimination and human rights violation is particularly glaring in the indigenous-inhabited regions. Human rights organizations in Bangladesh publish annual human rights report in which human rights situation of indigenous peoples are included. But these are not adequate in understanding the overall human rights situation of indigenous peoples. In addition, discriminatory information on indigenous peoples continue to be published in various books and other froms of pblic information, although indigenous peoples continue to contest and protest against this. Because of the prevalence of such information, the mainstream population has little knowledge about indigenous society and culture in Bangladesh. Given this backdrop, Kapaeeng Foundation, a human rights organisation run by indigenous rights activists, undertakes this project to publish annual situational report on indigenous peoples in Bangladesh in order to promote and protect their fundamental freedoms and human rights. The Indigenous Peoples Human Rights Report 2007-2008 is basically a compilation of human rights violations of indigenous peoples. Most of the reports have been collected by Kapaeeng Foundation through its network all over the country. A number of reports circulated or published by several human rights ogrnisations working for the cause of the indigenous peoples, such as, Bangladesh Indigenous Peoples Forum, Bangladesh Adivasi Odhikar Andolon, Ain O Salish Kendra, Odhikar, Hill Watch Human Rights Forum, Global Human Rights Defence, Jumma Peoples Network, Jumma Net–Japan, Asian Centre for Human Rights, Peace Campaign Group, Survival International, Amnesty International etc. have also been incorporated to this compilation. In addition, media reports/news published by the national dailies and news agencies in Bangladesh have also been included in this report. Kapaeeng Foundation is grateful to these human rights organisations and news media. Kapaeeng Foundation would like to express sincere gratitude to retired Justice Mahammad Gholam Rabbani for giving a valuable foreword (prolegomena) for this book. His critical comment on this report is indeed invaluable. Kapaeeng Foundation takes this opportunity to thank Oxfam and its Programme Coordinator Mr. Bibhash Chakraborty for coming forward to support the publication of this report. It is expected that this publication would help build idea of the readers on the extent of the situation of human rights and fundamental freedoms of indigenous people and it would help raise concern in support of promotion and protection of human rights of indigenous peoples in Bangladesh. Kapaeng Foundation hopes that this publication will serve to raise greater awareness and understanding about the human rights situation of Bangladesh Indigenous Peoples’. 5 PROLEGOMENA “The sound is fading away. It is of five sounds. Freedom. The sound is fading away. It is of five sounds. - Song of Chippewa tribe in eastern Woodlands, USA In the beginning there were lands, jungles, animals. Then came the people in groups dwell therein. They are the ‘Adivasi’- a Bengali word means ‘first inhabitant’, who have separate and distinct culture which the Constitution of Bangladesh promises to protect in its article 24: “The state shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places or special artistic or historic importance or interest.” This report tells otherwise. It tells us: “There is prevailing a fearful and anxiousfull situation in Hill Tracts at present. It may be exploded in any time. Civil administration is doing their activities of establishment of colony and land distribution, selection of non-tribal permanent residents and giving certificate adopting the opportunity not to implement the peace treaty.” The entire report, therefore, must be read, re-read and read again till your heart breaks: oh! the suffering humanity. Dhaka Mohammad Gholam Rabbani June 12, 2009 Retired Judge, Appellate Division, Supreme Court of Bangladesh 6 PART A INTRODUCTION Indigenous peoples have been living in Bangladesh for several centuries. There are more than 45 different peoples in the country with a total estimated population of nearly 3 million today. When referring to the indigenous peoples, the Government of Bangladesh appears to generally prefer the term ‘tribals’ in official documents, although some legal documents of the government also refers to the indigenous peoples as “aboriginals” or “indigenous hillmen” or “indigenous tribes”. The largest concentration of indigenous peoples in Bangladesh is found in the south-eastern border region of the Chittagong Hill Tracts (CHT). The CHT has an extensive semi-autonomous administrative structure that has no parallel in other parts of Bangladesh. The Constitution of Bangladesh does not directly recognise the indigenous peoples of the country. However, the Constitution outlaws discrimination on grounds of race, religion and place of birth (and sex) and provides scope for affirmative action in favour of the ‘backward section of citizens’. Under the equality clauses, Government of Bangladesh has undertaken some affirmative action measures for members of indigenous peoples. The most notable of these initiatives are the setting up of the Special Affairs Division under the Prime Minister’s Office for indigenous peoples of the plain regions and the continuing practice of quota reservation in government jobs and educational institutions for ‘tribal’ people. Other important governmental measures that seek to safeguard the rights of indigenous peoples include the signing of the CHT Accord with the PCJSS in 1997 (to re-establish peace and provide limited autonomy), amendment of the Hill District Council laws of 1989 to strengthen the councils (in 1998), amendment of the CHT Regulation 1900 (in 2003) to transfer justice administration from civil servants to judges, passage of laws to establish a regional council for the CHT (in 1998) and to establish a Land Commission to resolve land disputes (in 2001) and the inclusion of measures on ‘adivasi’ and ‘indigenous peoples’ issues in the Poverty Reduction Strategy Paper (PRSPI and PRSP-II).. In addition, Bangladesh has ratified a number of international human rights treaties that are relevant to the rights of indigenous peoples. These include, among others, the following: Treaty Ratification International Covenant on Economic, Social and Cultural 05 January 1999 Rights (CESCR) International Covenant on Civil and Political Rights 06 December 2000 (CCPR) International Convention on the Elimination of All 11 July 1979 Forms of Racial Discrimination (CERD) Convention on the Elimination of All Forms of 06 December 1998 Discrimination against