Bangladesh:
“We want the lands, not the indigenous peoples”
Excerpts from AITPN’s submission under the Universal Periodic Review of the Human Rights Council
The Human Rights Council is scheduled to examine human rights situation in Bangladesh under the Universal Periodic Review during the fourth session from 2 to 13 February 2009. In September 2008, Asian Indigenous and Tribal Peoples Network with endorsement from the Kebager te Ked-Inged (Philippines), Centre for Peace and Development (India), Asian Centre for Human Rights (India), Centre for Indigenous Peoples Research and Development (Bangladesh), Hill Watch Human Rights Forum (Bangladesh), Tribal Welfare Association (Bangladesh), Hill Women Federation (Bangladesh) and Mr Edtami P Mansayagan, Former Commissioner, National Commission for Indigenous Peoples, Philippines submitted a stakeholders’ submission.
Excerpts from the submissions are appropriation of lands and killing of indigenous defenders which are given below.
Officially, there are about 2 million indigenous peoples in Bangladesh though indigenous peoples claim that their total number is 2.5 millions. Whether in mainland and the Chittagong Hill Tracts (CHTs), the government irrespective of the political colour follows the dictum:
“we want the lands but not the indigenous peoples”.
This policy of land grabbing – for socalled public purpose or private purpose - threatens the identity and survival of indigenous peoples. There is no rule of law. The law enforcement personnel are biased. Majority Bengali Muslims rule the roost as indigenous peoples are discriminated because of their religion and ethnicity.
Land grabbing and human rights violations
Grabbing the lands of indigenous peoples and minorities is the State policy in Bangladesh. The government itself grabs the lands and also remains mute witness to land grabbing by the mainstream Bengali populations who use different methods, including forging documents and forcibly ousting indigenous peoples from their lands.
According to a survey conducted by the Jatiya Adivasi Parishad (National Indigenous Peoples Council) which was released in Dhaka on 10 May 2008, around 1,983 indigenous families in 10 North-western districts of Bangladesh have lost 1,748 acres of their ancestral land. Of the 1,983 indigenous families, 521 lost their land through forged documents whereas the forest department acquired over 1,185 acres of land belonging to 466 indigenous families in the name of social forestry. In Dinajpur district alone, the forest department acquired around 1,182 acres of land from 411 indigenous families.
In North Bengal district of Naogaon, 15 Santal villagers were injured and their houses burnt after more than two hundred mainstream Bengalis attacked the indigenous neighbourhoods in an effort to evict them from their land on 5 November 2007. Earlier, on 18 August 2000, Alfred Soren (36), a leader from Santal community, was killed by Mr. Shites Bhattachara alias Godai Babu and Md. Hatem Ali and their goons at Vimpur village under Mahdevpur police station of Naogaon district in a land related case. None of the accused was arrested.
More than 10,000 indigenous Khasis have been living in 65 villages in Moulvibazar district for many years without land registration documents. In July 2007, the administration, led by the Deputy Commissioner of Moulvibazar, organised a meeting with indigenous leaders, headmen and women and assured them that steps would be taken to resolve the land ownership problem. But no step has yet been taken.
Patterns of grabbing the lands of indigenous Jumma peoples
Land grabbing is systematic in the CHTs. It is the single biggest challenge being faced by the Jumma peoples today. The army has renewed its efforts to settle Muslim plain settlers since the imposition of the State of Emergency.
During March – November 2007, a total of 399.22 acres of land belonging to 133 Jummas and a primary school in 14 villages under four Unions of Maischari, Kiang-ghat, Kamalchari and Khagrachari Sadar No.1 under Khagrachari district have been forcibly grabbed by illegal plain settlers.
In March 2007, the Ruma army cantonment in Bandarban acquired about 7,570 acres of ancestral land of indigenous peoples for expansion of the Ruma garrison and ordered more than 4,000 indigenous families mostly belonging to Mro community to leave the area. Mro leaders had not been consulted before acquiring the land. According to the Movement for Protection of Land Rights and Forest, a land rights organisation based in Rangamati, 40,077 acres of land had been given in lease to the illegal Bengali settlers, 94,066 acres of land were acquired for so-called afforestation projects and 75,686 acres were acquired for establishment of military bases in Bandarban district.
On 8 March 2007, an army camp was set up on the land of an indigenous jumma identified as Prithwiraj Chakma at Dantkupya village under Khagrachari district to provide security to the plain settler families. In June 2007, the Bangladesh military reportedly settled at least 200 families of illegal settlers at Dantkupya village after forcibly evicting 12 indigenous families from their ancestral lands.
In August 2007, illegal settlers forcibly captured 59 acres of land belonging to 17 Jumma peoples in Kobakhali Mouza under Dighinala Police Station in Khagracahri district. In an operation from 1 to 15 August 2007, large groups of illegal settlers led by former Union Parishad member Md. Abu Taleb of Hashinchonpur village and former Union Parishad member Md Kader of Kobakhali Bazaar took control of the hilly lands of the indigenous Chakma peoples with the direct assistance of the army personnel, para-military forces and the local Village Defence Party members. The army reportedly planned to settle 200 plain settler families in Kobakhali Mouza.
Repression of indigenous human rights defenders
While human rights activists in general remain under surveillance, human rights defenders from indigenous and minority communities or those working with indigenous and minority communities were specifically targeted with impunity. Indigenous rights defenders have been disproportionate victims.
In 2007, the Special Representative of the Secretary General on the situation of human rights defenders interventions with regard to 7 human rights defenders: Mr Shahidul Islam, Mr Aminul Islam, Mr Abdul Kashem Palash, Mr Nasruddin Elan, Mr Tasneem Khalil and Mr Jahangir Alam Akash.
In comparison, the Special Representative made interventions with regard to 9 indigenous rights defenders: Mr Ronglai Mro, Mr. Bikram Marma, Mr. Sumit Chakma, Mr. Saimong Marma, Mr. Satyabir Dewan, Mr. Balabhadra Chakma, Mr. Manubha Ranjan Chakma, Mr Santoshito Chakma and Mr. Milton Chakma.
This shows how indigenous representatives are targeted. In the CHTs, at least 50 Jumma activists were arrested, including 20 members of Parbattya Chattagram Jana Samhati Samiti (CHT United Peoples Party) and 10 members of UPDF as of August 2007.
Many indigenous leaders who have been protesting against the socalled Eco-Park in Madhupur that would destroy the forest and displace about 25,000 indigenous Garo and Koch peoples in the Modhupur forest area under Tangail district were killed.
On 18 March 2007, Mr Cholesh Ritchil was arrested and tortured to death by the security forces stationed at Khakraid under Modhupur Police Station in Tangail district. Three other indigenous peoples - Protap Jambil, Tuhin Hadima, and Piren Simsang were arrested and tortured before being released. The government set up an inquiry headed by Special Court Judge Rofiuddin Ahmed. In its letter of 11 October 2007, the government of Bangladesh informed UN Special Rapporteur on the Rights of Indigenous Peoples that “Four persons belonging to Armed Forces were assessed punishments, which included removal from service and exclusion from promotion. Finally, a number of other individuals, including public officials, doctors and forest officials, had also been subject to criminal proceedings.” However, the government of Bangladesh failed to disclose the names of these officials. Under the circumstances, the assertion does not appear credible.
Earlier, on 3 January 2004, Mr Piren Snal was shot dead by the police and forest guards while participating in a peaceful protest rally against the creation of Eco-Park at Modhupur. A case was filed on 6 January 2004.
The forest department officials of Madhupur have found disingenuous way for harassing indigenous peoples. They illegally sell the timbers and files false cases against the indigenous peoples to cover up their illegal acts. Over 7,000 cases have been filed against 10,000 poor people of Modhupur. Of these, at least 70% cases were reportedly against the indigenous peoples. In 2003- 2004 during the protest against the Eco-park project, Forest Department and police had filed 28 false cases in the Courts against 95 innocent indigenous peoples.