Human Rights Report 2014 on Indigenous Peoples in Bangladesh First Edition January 2015 Human Rights Report 2014 on Indigenous Peoples in Bangladesh Copyright © Kapaeeng Foundation Published by Kapaeeng Foundation House # 23/25, Salma Garden, 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 Prof. Mong Shanoo Chowdhury Pallab Chakma Inside Photos : Hiran Mitra Chakma, Joel Chakma, Sanchay Chakma, Himel Chakma, Santua Tripura & Manik Soren Printed by Tangsree Colour System ISBN: ISBN : 978-984-33-8964-0 Price Taka 200 US $ 10 Disclaimer: This publication has been produced with the assistance of the European Kapaeeng Foundation Union and Oxfam. The content of this publication are the sole responsibility of the editors 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 Massive Communal Attacks 54 Attack, Torture and Intimation 65 Arbitrary Arrest and Detention 70 Killing and Other Cruel Treatment 72 Religious Persecution 77 Migration to neighbouring countries 81 CONTENT III. SITUAION OF THE RIGHTS OF LAND 85-134 EDITOR’S NOTES 09 AND NATIURAL RESOURCES ACKNOWLEDGEMENT 15 At A Glance: Land-related incidents and casualties of Indigenous EXECUTIVE SUMMARY 17 Peoples in 2014 89 Land-related Incidents in the CHT 93 I. INTRODUCTION 25-44 Land-related Incidents in the plain lands 113 Human Rights Obligation and Bangladesh elected to the Media Reports 125 UN Human Rights Council 29 Laws and Policies Adoption in 2014 30 IV. SITUAION OF THE RIGHTS OF INDIGENOUS 10th National Parliamentary Election 2014 and four WOMEN AND GIRLS 137-176 indigenous MPs elected 31 At A Glance: Violence Against Indigenous Women (VAIW) 2014 141 4th Upazila Elections 2014: Indigenous candidates win 18 chairman Killed / Killed After Rape 150 posts, 20 female vice chairman and 17 vice chairman posts 33 Rape 152 NGOs registration must to receive foreign funds 35 Gang Rape 155 Jum farmers cheated by brokers in Sitakunda 35 Attempt to Rape 157 Seven Indigenous villages suffered food crisis in Baghaichari 36 Kidnapped / Attempted to Kidnap 162 Indigenous peoples set examples of food & social security in Rajshahi 36 Molest/ Physical Assault 164 110 Santal families living in the edge at Panchari 37 Follow-up: Case Study 169 Story of Tea-workers’ agony: Still the British imposed regulations in the garden! 37 Media Reports 172 Eight thousands indigenous peoples living a miserable life 38 Infiltration of 42 Rohingyas in Longadu and construction V. SITUATION OF THE RIGHTS OF YOUTH, of illegal settlement 40 CHILD AND EDUACTION 177-194 Media Reports 42 BGB headquarters establishment in Dighinala: education of children at stake 180 280 victim BCS candidates receive justice 181 II. SITUATION OF CIVIL AND POLITICAL RIGHTS 45-84 University and medical college debate: the CHT under development At A Glance: Human Rights Violations on Indigenous Peoples in 2014 48 paradox 182 Human Rights Report 2014 on Indigenous Peoples in Bangladesh 03 04 Human Rights Report 2014 on Indigenous Peoples in Bangladesh Education Ministry hands over the secondary schools to the HDCs 185 Surge of education progress fails to reach remote communities 186 How indigenous peoples are introduced in school textbooks 187 Cabinet approves Child Marriage Restraint Act 2014 188 No progress in mother tongue-based education for indigenous peoples 189 ACRONYMS Survey on indigenous languages goes slow 190 Media Reports 192 VI. CHT ACCORD OF 1997: 195-208 ADP Annual Development Programme Present State and Challenges of Its Implementation 197 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 Human Rights Report 2014 on Indigenous Peoples in Bangladesh 05 06 Human Rights Report 2014 on Indigenous Peoples in Bangladesh 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 PRSP Poverty Reduction Strategy Paper SAD Special Affairs Division SP Superintendent of Police UN United Nations UNDP United Nations Development Programme Contributors UNDRIP United Nations Declaration on the Rights of Indigenous Binota Moy Dhamai: Assistant General Secretary of Bangladesh Indigenous Peoples Peoples Forum, [email protected] UNO Upazila Nirbahi Officer Member of Bangladesh Indigenous Women’s Network and UNPFII United Nations Permanent Forum on Indigenous Issues Parboti Roy: Senior Sector Specialist, Gender Justice and Diversity (GJD), BRAC, VAIW Violence Against Indigenous Women [email protected] Bablu Chakma: Project Coordinator of Kapaeeng Foundation, [email protected] Sayon Dewan: Member of Indigenous Peoples’ Human Rights Defenders’ Network, [email protected] Manik Soren: Information and Research Secretary, Jatiya Adivasi Parishad, [email protected] Anmoy Kiron Chakma: Member of Indigenous Peoples’ Human Rights Defenders’ Network, [email protected] Silvia Khyang: Member, Bangladesh Indigenous Women’s Network, [email protected] Mangal Kumar Chakma: Advisor of Kapaeeng Foundation, [email protected] Human Rights Report 2014 on Indigenous Peoples in Bangladesh 07 08 Human Rights Report 2014 on Indigenous Peoples in Bangladesh charges. At least, 126 indigenous people were physically assaulted or tortured by ‘non-state actors with influence’ from the mainstream society. Often time, it has been observed that different agencies of the government wrongfully interfere with the lawful rights of indigenous peoples. The state authorities also, in most cases, appear reluctant to put a stop to such unlawful violation by state and non-state actors. It is also distressing that EDITORS’ NOTES state actors such as members of security forces or law enforcement agencies play supportive or passive role at the time of committing such crimes. Kapaeeng Foundation has, as usual, come out with its yearly reports on The government failure to address rights to traditional lands has left tens the situation of human rights of indigenous peoples in Bangladesh for of thousands of indigenous peoples in the CHT and in the plains landless 2014. In recent years, the overall human rights situation in Bangladesh has and trapped in the cycle of violent clashes with the Bengalis. Hundreds of nose-dived due to the brutal violence and killing of innocent people for families, it has been reported, from Bandarban and Khagrachari districts political point scoring. Caught up in the fray are the two mainstream in the Chittagong Hill Tracts silently left for Mayanmar and Indian State of political parties and their alliances which, driven by their lust for political Tripura respectively in the face of continued threats and harassment from power, are bent on a game plan, fair or foul, to be in control of the state settlers as well as corporate entities. Communal attacks and fear of further power. The acrimonious relationship between the two mainstream political persecution from the Bengali land grabbers forced 60 indigenous families parties and their alliances has resulted in ruthless ravaging of human numbering about three hundreds to leave for India in search of safe home. rights following violent actions such as arson, hurling of petrol bombs, 3,911 acres of lands in the CHT were taken over by both state and non- cocktails, removing of fish plates to derail passenger trains etc. by the state actors in 2014. The Forest Department has finalized processing opposition political activists. Such an incorrigible and deep-seated political 84,542 acres of land for acquisition in the name of creating reserved and rivalry characterized by inflexibility and high handedness is telling upon the protected forests, while the Bangladesh Border Guards took control of very fabric of governance in the country. The absence of democratic norms lands in Bandarban and Khagrachari Districts violating customary land and practices to face off problems or issues has aggravated the situation rights of indigenous peoples and the concerned provision of the Hill District further. We can see the country is gradually slipping into anarchy which, Council Act. The current situation, with violent clashes being fuelled by unless sanity prevails with the political leadership to reverse the trend, disputes over land, continues to cause insecurity and suffering for promises us nothing but ruination. The political fluidity, the whole country indigenous peoples and Bangladesh government have to address it is presently through, has further aggravated the already beleaguered without delay. The violence