Indigenous Peoples: entitled to rights despite national law
On the occasion of the International Day of the World's Indigenous Peoples, FIAN International puts their alarming plight in Bangladesh under the spotlight.
“The interests of the indigenous peoples must be part of the new agenda in order for it to succeed. […] Together, let us recognize and celebrate the valuable and distinctive identities of indigenous peoples around the world. Let us work even harder to empower them and support their aspirations”. Although UN Secretary-General Ban Ki-moon has repeatedly underlined the importance of respecting and fulfilling the rights of Indigenous communities, scores of cases around the world demonstrate there is still a long way to go. It is estimated that there are more than 370 million indigenous people spread across 70 countries worldwide. On the occasion of the International Day of the World’s Indigenous Peoples, FIAN International puts their alarming plight in Bangladesh under the spotlight.
Subjected to extreme discrimination, neglect and disadvantage, indigenous communities from across Bangladesh have witnessed how the fulfillment of their rights has been pushed back even further during the last decade. Out of the approximately 142.3 million inhabitants in the country, 3 million are indigenous peoples belonging to at least 54 different ethnic groups. These peoples are concentrated in the north, and in the Chittagong Hill Tracts (CHT) in the south-east of the country, and are characterized by specific practices, tied to their cultures, such as the swidden cultivation (crop rotation agriculture).
Their practices define their uniqueness and identity. However, the current national political realm erodes any possibility for these peoples to be protected. Mrinal Kanti Tripura, from Maleya Foundation, explains to FIAN International that the government of Bangladesh does not recognize indigenous peoples as “indigenous”. The Small Ethnic Groups Cultural Institution Act 2010 used the term “khudro nrigoshthhi” (small ethnic groups) when speaking of the indigenous peoples. An amendment made to the constitution in 2011 started referring to the indigenous peoples of Bangladesh as “tribes”, “minor races” and “ethnic sects and communities”.
And what’s the trick behind these terms? “This is a sneaky way whereby the government doesn’t have to comply with the 61/295. United Nations Declaration on the Rights of Indigenous Peoples and the Convention no. 169 on Indigenous and Tribal Peoples. If the law doesn’t make any mention to indigenous peoples as “indigenous”, the government will not be obliged to grant the rights these communities are entitled to by international law,” stresses Mrinal Kanti Tripura.
As a matter of fact, indigenous communities in Bangladesh are increasingly facing eviction from their lands. “It is important to understand that indigenous communities have a special relation to and use of their traditional land. This is part of their identity,” Mr. Kanti Tripura underlines. On another note, the Maleya Foundation representative, highlights that a high number of human rights violations have been committed by the Bangladesh Army, which include arbitrary arrests and beatings, imprisonment without trial and burning of villages, amongst others.
FIAN International recalls that indigenous peoples are the guardians of unique languages, knowledge systems and beliefs and possess invaluable knowledge for the sustainable management of natural resources. Their rights must be respected, protected and fulfilled, disregarding that their condition as “indigenous” is not acknowledged by the national law. International mechanisms must prevent that national governments disregard international human rights principles with calculated legal provisions.