Policy for indigenous peoples
THE UN Declaration on the Rights of Indigenous Peoples 2007 includes areas like self-determination, culture and language, education, health, housing employment land and resources environment and development, intellectual and cultural property, indigenous law and treaties and agreements with governments. Except the right of self-determination (which has the scope for independence movements) the government may take positive attitude toward other areas.
The following rights need special consideration:
(a) to exists as distinct people; (b) to stay on their land; (c) to retain their spiritual and religious traditions; (d) to their histories, languages, oral traditions, stories, writings and their own names for people and places; (e) to education, the media and employment; (f) to participate in decisions and developments effecting them; (g) to maintain their spiritual relationship with the land, waters and resources and to return to the land taken without their consent; and (h) to protect their property and their intellectual property (indigenous knowledge such as medical plants, agricultural bio-diversity and environmental management).
The Declaration sets out guidelines for exercising through self-government their right of self-determination. It recognises the right of indigenous peoples to determine their citizenship, their own laws and customs, to relations with other peoples across borders, and to treaties and agreements with governments.
In a total population of about 150 million, the indigenous population in our country is around 3 million. The Tribal Welfare Association (TWA) has demanded constitutional recognition of the indigenous peoples and a separate ministry to protect the ethno-diversity and rights of the people. They feel that tribes are treated as ethnic minority, pushed to the periphery and denied equal status with Bangalees. These people are deprived of land, education and social rights.
Like in other post-colonial states, ethnic conflict haunts Bangladesh. In a multi-racial state like India ethnic violence continues to be the very basis of democratic norms and values. The Indian government has reacted, as far as possible, peacefully with ethnic problems. Sri Lanka, on the other hand, dealt with ethnic problems violently.
In Bangladesh the ethnic crisis started in the early '60s with the setting up of the Chittagong hydroelectric power, which resulted in displacement of a large number of hill tribes in Rangamati. In the late '70s, by allowing thousands of Bangalees to settle and leasing out land to some Bangalees for rubber cultivation, the crisis intensified and resulted in increased alienation -- giving rise to a force to challenge Bangalees settlers.
The AL government (1996-2001) signed a treaty with the PCJSS in 1997 to bring peace in the area. However, due to non-implementation of the treaty, the indigenous people are totally frustrated. This has resulted in impairment of homeostatic balance of power in tribal communities.
The signing of the CHT Accord was certainly a good step to bring peace in the CHT, so that we can accelerate our economic growth through improving the infrastructure facilities in the area. However, we are constrained to point out that the treaty was concluded in a hurry. In agreeing to the Accord there should have been closer analysis of the problems.
The major weaknesses were lack of land survey to determine settlers' rights on the land, and the role of army in the area. This lapse resulted in continuation of hostility of a major part of the tribal people. There should have been a decision about the safety of settlers on withdrawal of the army. Enough discussions were not, it appears, held between the government and the settlers. Thus, implementation of CHT Accord can hardly be possible without adequate safety and security of the settlers.
In its quest for peace in CHT, the government decided to withdraw a brigade of the army by September. On the directive of the High Court, however, the government has suspended the withdrawal for the time being. What is important for the government is starting deliberations for a national policy for the ethnic minorities in Bangladesh to save them from various harassments, uncertainties and insecurity. This is all the more necessary to build the image of Bangladesh as a truly democratic, secular and moderate country. The earlier the policy is adopted the better for us.
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