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Human Rights Report 2013 on Indigenous Peoples in Bangladesh Human Rights Report 2013 First Edition on Indigenous Peoples in Bangladesh 10 January 2014

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Human Rights Report 2013 on Indigenous Peoples in Bangladesh Human Rights Report 2013 First Edition on Indigenous Peoples in Bangladesh 10 January 2014 Human Rights Report 2013 on Indigenous Peoples in Bangladesh Human Rights Report 2013 First Edition on Indigenous Peoples in Bangladesh 10 January 2014 Copyright © Kapaeeng Foundation 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] Web: www.kapaeeng.org Supported by Editor Dr. Dalem Chandra Barman Mong Sing Neo Project funded by European Union Cover Photo Progyatez Chakma & Hiran Mitra Chakma Printed by Tangsree Colour System Dhaka, Bangladesh ISBN: 987-984-33-6367-1 Disclaimer: This publication has been produced with the assistance of the European Union and Oxfam. The content of this publication are the sole responsibility of the editors Kapaeeng Foundation panel and can in no way be taken to reflect the views of the European Union and Oxfam. Human Rights Report 2011 on Indigenous Peoples in Bangladesh 01 02 Human Rights Report 2011 on Indigenous Peoples in Bangladesh Complaints against Rangamati Climate Change Trust Fund 95 Land-related Incidents in the CHT 97 Land-related Incidents in the plain lands 116 Inquiry Report: MoCHTA’s Inquiry Report on Eviction of 21 Chak families 125 Media Reports 142 CONTENT IV. WOMEN RIGHTS 149-179 At A Glance: Violence Against Indigenous Women (VAIW) 2013 153 EDITORIAL 08 Rape / Gang Rape 159 ACKNOWLEDGEMENT 10 Attempt to Rape 164 Sexual Harassment 167 EXECUTIVE SUMMARY 12 Killing 168 Abduction 169 I. INTRODUCTION 19-34 Trafficking 170 10th National Parliamentary Election and Indigenous Issues 21 Killing after Rape 171 National Policies regarding to the Indigenous Peoples 23 Physical Assault and Molestation 172 Second cycle of UPR on Bangladesh and Issues Follow-up: Case Study 174 related to Indigenous Peoples 25 Identification of Indigenous Peoples 27 V. EDUACTION AND CHILD RIGHTS 181-202 Indigenous peoples in Cholonbil area living in worse situation 28 Overall Situation on Education and Child Rights 183 Thousands of Rohingyas included in voter list 29 Primary education in indigenous languages denied 185 Training for Police and BGB personnel 29 School textbooks provide misleading information Media Reports 30 regarding indigenous peoples 187 Domestic labor throws indigenous kids into dire situation 189 II. MAIN HUMAN RIGHTS ISSUES 35-83 Indigenous children being converted forcefully to Islam 191 At A Glance: Human Rights Violations on Quota contention deprives indigenous candidates in BCS recruitment 193 Indigenous Peoples in 2013 38 Children Act of 2013: Beginning of A new era for indigenous Massive Communal Attacks 42 children in Bangladesh? 194 Killing and Other Cruel Treatment 58 Residential hostels kept pending to start in Arbitrary Arrest and Detention 61 Bandarban and Rangamati 196 Attack, Torture and Intimation 65 Media Reports 197 Discrimination 79 Follow-up: Case Study 80 IV. OVERVIEW ON IMPLEMENTATION OF ELECTION PLEDGES & CHT ACCORD 203-224 III. LAND RIGHTS AND LAND DISPOSSESSION A. Election Manifesto of Bangladesh Awami League-2008 205 At A Glance: Land-related incidents and casualties of B. Implementation Status of CHT Accord (2009-2013) 205 Indigenous Peoples in 2013 88 C. Issues Related to Indigenous Peoples and Concerns Expropriation of common lands in the name of Thereof (2009-2013) 210 reserved forest in CHT 90 Media Reports 220 Government finally repeals Schedule B of the vested properties 93 Human Rights Report 2013 on Indigenous Peoples in Bangladesh 03 04 Human Rights Report 2013 on Indigenous Peoples in Bangladesh PRSP Poverty Reduction Strategy Paper SAD Special Affairs Division SP Superintendent of Police UN United Nations UNDP United Nations Development Programme UNDRIP United Nations Declaration on the Rights of Indigenous ACRONYMS Peoples UNO Upazila Nirbahi Officer UNPFII United Nations Permanent Forum on Indigenous Issues ADP Annual Development Programme VAIW Violence Against Indigenous Women AIPP Asia Indigenous Peoples Pact BCS Bangladesh Civil Services BGB Border Guard Bangladesh 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 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 IPO Indigenous Peoples Organisation IPs Indigenous Peoples MoCHTA Ministry of Chittagong Hill Tracts Affairs MP Member of Parliament NHRC National Human Rights Commission OC Officer-in-Charge PCJSS Parbatya Chattagram Jana Samhati Samiti Human Rights Report 2013 on Indigenous Peoples in Bangladesh 05 06 Human Rights Report 2013 on Indigenous Peoples in Bangladesh EDITORIAL We are happy to present this ‘‘Human Rights Report 2013 on Indigenous Peoples in Bangladesh’’. Kapaeeng Foundation has been continuously publishing this report, as a part of its advocacy work and awareness raising activities since 2007. Contributors The human rights report contains six major sections regarding different issues concerning human rights of the Indigenous Peoples in Bangladesh. Binota Moy Dhamai: Assistant General Secretary of Bangladesh Indigenous Peoples Forum, [email protected] Human rights bear with them diverse correlative duties obliged by the State where the duty to respect of state requires refraining from interfering Bipasha Chakma: Research Coordinator of Kapaeeng Foundation with the enjoyment of the right and the duty to protect requires the [email protected] prevention of violations of such rights by State authorities as well as by third parties. As a member state of UN, Bangladesh ratified a number of Bablu Chakma: Project Coordinator of Kapaeeng Foundation international human rights instruments. According to these international [email protected] human rights treaties, Bangladesh government has obligation to respect, protect and fulfill the rights of indigenous peoples in Bangladesh. However, Sayon Dewan: Member of Indigenous Peoples’ Human Rights Defenders’ Network, [email protected] different state agencies of Bangladesh have been directly engaged in interfering with the enjoyment of the human rights of indigenous peoples Gouranga Patra: Member of Indigenous Peoples’ Human Rights Defenders’ enshrined in the international human rights laws. In most cases, the state Network, [email protected] authority is reluctant to prevent violations of these rights by state agencies and other non-state actors. Manik Soren: Member of Indigenous Peoples’ Human Rights Defenders’ Network, [email protected] Being a part of the human society, the rights of indigenous peoples must be protected regardless of their ethnicity, culture, religion, linguistic origins Falguni Tripura: Advocacy Facilitator of Kapaeeng Foundation [email protected] or any other status. Nonetheless, the studies of Kapaeeng Foundation found that Indigenous Peoples are the most marginalized and vulnerable Mangal Kumar Chakma: Advisor of Kapaeeng Foundation groups in Bangladesh who have been facing various human rights [email protected] violations continuously. Human Rights Report 2013 on Indigenous Peoples in Bangladesh 07 08 Human Rights Report 2013 on Indigenous Peoples in Bangladesh Notwithstanding, Indigenous Peoples are entitled to their human rights. But, they are regularly subjected to human rights violations. Similar to the previous years, the Indigenous Peoples were subjected to violent land grabbing, military oppression, forced eviction and displacement, physical assault, communal attacks, killing, torture, false charges, arbitrary arrest and detention in 2013. The indigenous women were also subjected to several forms of sexual violence in the same period. Injustice and human ACKNOWLEDGEMENT rights violation against Indigenous Peoples in the Chittagong Hill Tracts and plain land are predominantly prevalent in Bangladesh, which often were perpetrated by agents of several government agencies such as security forces, police, forest guards as well as mainstream vested quarters including Bengali settlers, private companies, public First of all, I would like to express my sincere gratitude to Kapaeeng’s representatives, land grabbers and so on. organizational networks and focal persons working across the country by which the information of the human rights incidents have been This human rights report is a set of accounts of the human rights violations documented throughout the year. The organisational networks include against indigenous peoples and situations of Indigenous Peoples in Indigenous Peoples’ human rights defenders’ network, indigenous youths’ Bangladesh which were documented over a year. Kapaeeng Foundation network, indigenous women’s network etc. hopes that this report will help raise awareness of the people to the extent of the circumstances of human rights and fundamental freedoms of In addition, media reports in Bangladesh have also been monitored Indigenous Peoples as well as raise the willingness in supporting the regularly by Kapaeeng’s secretariat. In many cases, fact-finding missions promotion and protection of human rights of Indigenous
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