The relation of Indigenous people to the Adivashi people in Bangladesh and their conditions’’ Course Name: Indigenous Studies. Course
A Term Paper
On
‘‘The relation of
Indigenous people to the Adivashi people in Bangladesh and their
conditions’’ Course Name: Indigenous Studies.
Course Code: - PACS; 227.
Prepared by:
Shahadat Hossain, BSS
(Hon’s), Department
of peace and conflict studies,
University of Dhaka.
Date of Submission: 12th
June, 2013.
Content
Name of
Topics
…………………………………………………….Number of Pages.
v Abstarct……..……………………………………………… 3.
v Introduction……………………………………………… 3.
v Theoretical Framework of Indigeneity……… 4.
Ø Primordialism.
Ø Constructivism.
Ø Instrumentalism.
v Normative Framework of determining the Indigenous people…………………………………………………… 5.
Ø The
approach by the ILO Convention 169.
Ø Martinéz
Cobo's working definition in UN.
Ø Mme.
Erica-Irene Daes' identification.
Ø The World
Bank’s Definition of Indigenous People.
Ø
UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
v Indicators
of Indigenous people……………… 9.
v Comprehensive
Concept on Indigenous People.10.
v The
relation of Adibashi to Indigenous people in Bangladesh…………………………………………….. 11.
Ø Who
are the Adibashi people in Bangladesh .
Ø The
conditions of Adibashi people in
Bangladesh
v Conclusion……………………………………………….. 17.
v Abstract:-
There are about
5000 Indigenous caste around the world where their amount about 30 crore . At
first I endeavored to draw the few theoretical backgrounds on the construction
of indigeneity among the people of the
particular society . Sundry internationally recognized conventions and definitions
were described here on their recognition around the world such as the United
nations , International Labor Organizations etc. along with the various working
groups on the indigenous people. There are also mentioned various comprehensive
indicators to identify indigenous people along with definition. I tried to
describe the adivashi (indigenous people) of Bangladesh based on the criteria
of those internationally definitions and conventions. I have also tried to
mention The conditions of adivashi (indigenous people) people in Bangladesh are
being faced by the government of Bangladesh. At last I tried to mention few
suggestions in the conclusion as particularly land recognition problems faced
by the adivashi people in Bangladesh.
v Introduction:-
The term ‘’ indigenous people ‘’ is used in anthropology to connote a non
dominant group in a delineated territory. With a more or less acknowledged
claim to aboriginality. Aboriginal
peoples are not necessarily ‘’first comers’’. Although the Germans and Russians
may be the oldest extant ethnic groups in parts of their respective
territories. They are not considered
indigenous peoples; indigenous groups are defined as no-state people and they
are always linked with a non-industrial mode of production. This does not mean
that members of indigenous peoples never take part in governments or work in
factories but rather that they represent a way of life which renders them
particularly vulnerable in relation to modernization and the state. In recent years, particularly since the 1970s,
many such groups have become politically organized in ways that enable them to
promote their interests vis-a- vis the dominant. The formation of WCIP (World
Council for Indigenous People) has been important in this regard. Their main political project is often
presented as an attempt to survive a culture bearing group but they rarely envision
the formation of their own nation state. They are non state peoples.
In
north-western Bangladesh are 35 Adibashi[1]
tribes among of whom are the Barman, Koch, Monad, Orion, Sandal, and
Rajbangshi, Munda, Paharia, Mahali, Malo, Karmokar, Muriari, Mahato, Rajowar,
Gond, Badara, Bhumij, Bhugs, Lohar,Pahari, Muler, Khoira, Tali, Pal, Burma,
Beel, Moliok, Khorwar, etc. Then there are the other tribal peoples in
north-central and north-eastern Bangladesh, including the Garo (Mandi), Hajong,
Khasi and Rakhaing. The other 11 adibashi
are found in the Chittagong Hill Tracts including the Bawm, Chak, Chakma,
Khumi, Khyang, Lushai, Marma, Mro, Pangkhua, Tanchangya and Tripura, who are
also known as Pahari or Jumma. ‘’ Adibashis’’ of Bangladesh share similar
concerns with other indigenous peoples of the world as stated in world
indigenous conferences. Most often marginalized and disadvantaged from the rest
of the mainstream population, they suffer lack of basic delivery of services on
health, education, and livelihood. They face a number of issues which threaten
their existence as a people and as citizens of the wider Bangladesh society.
There were held various international conferences on the indigenous people such
as WCIP in which there have various similarities
in the context of protracting the rights of Adibashi people in Bangladesh. But
they don’t get the convenient rights in accordance to the World international
conferences.
v Theoretical Framework of Indigeneity :
According
to the Oxford dictionary, the indignity as ‘’the quality of being indigenous,
or indigenousness’’. The term indigenous is defined ‘’born or produced
naturally in a land or region; native or belonging naturally to the soil,
regions etc. The term is used primarily to denote aboriginal inhabitants or
natural products[2]. Territoriality
is premised on originality, since inhabitants have more claims on a territorial
space. Hence, ‘’indignity’’ becomes a field of contestation. Some are ‘born with it; others ‘imagine it as
an ethnic belonging’. Empirically, the claim of indigeneity is always contested
since few human groups inhabit a space from the beginning. The groups that
claim indigeneity associate themselves with the original inhabitants in quite imaginative
ways through they exist many generations later[3].
There are mentioned few theoretical
backgrounds below which denote the construction of Indigeneity lead to the
imaginative communities and nations.
a.
Primordialism:-
Primordialism
agrues that indigeneity and national identity are the derived from human nature
and are unchangeable –they are fixed or given. Group consciousness develops
from language, culture, traditions and history. This group consciousness is
reinforced over time through socialization as a result of shared cultural and
historical memory, with the creation of myths and symbols[4]. For primordialist, this identity is a
particularly important identity relative to others such as ideology and class
as ‘’ few other attributes of individuals or communities are fixed on the same
way as ethnicity or are as necessarily conflictual. Supporters of primordialism
point to the tribes in Sub-Saharan Africa and the normadic tribes of the middle
east as example of groups with ‘’untraceable , but sociologically real
kinship.’’ In which identity as part of the community trumps other identities.
b.
Constructivism:
In
opposition to primordialism, the social constructivist approach claims that
identities are molded, refabricated and mobilized in accord with reigning
cultural scripts and centers of power. The various social categories to which
people belong result from behaviors and speech . Because the membership rules, content and
valuation of social categories are the product of human behavior. These social categories can and change over
time, constructivist approaches see indigeneity or ethnicity as a social
phenomenon that satisfies needs, whether political psychological or
social-psychological. Importantly, the collective consciousness leads to the
politically salient identity[5].
c.
Instrumentalism:
This
approach see that political elites, intellectuals and the intelligentsia draw
on ethnicity or indigeneity in order to acquire the support of the masses for
some political ends. As Anthony Marx asserts, elites construct group
consciousness through the selective evocations of history to project an image
of prior legitimacy and purposefully forget inconvenient images or experiences of
past or present internal division. The images of a common identity, unifying
ethnicity and shared language are gradually invented, constructed, and
reinforced, often explicitly, to bolster social cohesion. Thus the instrumentalist approach is rational
choice in which individuals, especially among the elites, can use ethnicity or
indigeneity for political benefit. Leaders bent on engaging in conflict can
mobilize ethnicity or indigeneity , tapping into ethnic differences and
perceived threats to the ethnic group by other ethnic groups[6].
v Normative Framework of determining the Indigenous people :
There are mentioned sundry normative backgrounds to be recognized any
group as indigenous people in any area of the world. Indigenous peoples do not
necessarily claim to be the only people native to their countries, but in many
cases indigenous peoples are indeed “aboriginal” or “native” to the lands they
live in, being descendants of those peoples that inhabited a territory prior to
colonization or formation of the present state. Indigenous peoples have their
own distinct languages, cultures, and social and political institutions that
are very different from those of mainstream society. While indigenous peoples
face the same experience of discrimination and marginalization as other ethnic
minorities, there are very important differences in terms of their rights and
identity. There is no universal and unambiguous definition of the concept of
'indigenous peoples', but there are a number of criteria by which indigenous
peoples globally can be identified and from which each group can be
characterised.
The
most widespread approaches are those proposed in the International Labour Organization (ILO) Convention no.169 and in the Martinéz
Cobo Report to the UN Sub-Commission
on the Prevention of Discrimination of Minorities (1986). Furthermore an
approach suggested by the Chairperson of the UN Working Group on Indigenous
Populations Mme. Erica-Irene Daes is
widely used.
1.
The
approach by the ILO Convention 169 :-
a.
because
they are descendants of those who lived in the area before colonization; or
- because
they have maintained their own social, economic, cultural and political
institutions since colonization and the establishment of new states.
Furthermore, According to
Article 1 of the ILO Convention 169
says that self-identification is crucial for indigenous peoples. This
criterion has for example been applied
in a land-claims agreement between the Canadian government and the Inuit of the Northwest Territories.
2.
Martinéz
Cobo's working definition in UN :-
According
to the Martinéz Cobo’s Report to the UN
Sub-Commission on the Prevention of Discrimination of Minorities (1986), indigenous peoples[8]
may be identified as follows:
“Indigenous communities,
peoples and nations are those which, having a historical continuity with
pre-invasion and pre-colonial societies that developed on their territories,
consider themselves distinct from other sectors of the societies now prevailing
in those territories, or parts of them. They form at present non-dominant
sectors of society and are determined to preserve, develop and transmit to
future generations their ancestral territories, and their ethnic identity, as
the basis of their continued existence as peoples, in accordance with their own
cultural patterns, social institutions and legal systems.[9]
”
This
historical continuity may consist of the continuation, for an extended period
reaching into the present, of one or more of the following factors:
a.
Occupation
of ancestral lands, or at least of part of them;
b.
Common
ancestry with the original occupants of these lands;
c.
Culture
in general, or in specific manifestations (such as religion, living under a
tribal system, membership of an indigenous community, dress, means of
livelihood, lifestyle, etc.);
d.
Language
(whether used as the only language, as mother-tongue, as the habitual means of
communication at home or in the family, or as the main, preferred, habitual,
general or normal language);
e.
Residence
in certain parts of the country, or in certain regions of the world;
f.
Other
relevant factors
Self-identification as indigenous is also
regarded as a fundamental element in Martinéz
Cobo’s working definition:
“On
an individual basis, an indigenous person is one who belongs to these
indigenous peoples through self-identification as indigenous (group
consciousness) and is recognized and accepted by the group as one of its
members (acceptance by the group). This preserves for these communities the
sovereign right and power to decide who belongs to them, without external
interference.”
3.
Mme.
Erica-Irene Daes' identification:-
The
identification outlined by the Chairperson of the United Nations' Working Group
on Indigenous Populations, Mme. Erica-Irene Daes designates certain peoples as
indigenous,
a. because they are
descendants of groups which were in the territory of the country at the time
when other groups of different cultures or ethnic origins arrived there;
- because
of their isolation from other segments of the country's population they
have preserved almost intact the customs and traditions of their ancestors
which are similar to those characterized as indigenous; and
- Because
they are, even if only formally, placed under a State structure which
incorporates national, social and cultural characteristics alien to
theirs.
4.
The World Bank’s Definition of Indigenous People:-
A description of Indigenous Peoples given by
the World Bank
(operational directive 4.20, 1991) reads as follows:
Indigenous Peoples can be
identified in particular geographical areas by the presence in varying degrees
of the following characteristics:
a. close
attachment to ancestral territories and to the natural resources in these
areas;
b. self-identification and identification by
others as members of a distinct cultural group;
c. an indigenous language, often different from
the national language;
d. presence of customary social and political
institutions; and
e. Primarily subsistence-oriented production.
The World Bank's policy for indigenous people
states:
Because of the varied and changing contexts in which Indigenous Peoples
live and because there is no universally accepted definition of
"Indigenous Peoples," this policy does not define the term.
Indigenous Peoples may be referred to in different countries by such terms as "indigenous
ethnic minorities", "aboriginals", "hill tribes",
"minority nationalities", "scheduled tribes", or
"tribal group[10].
5. UN Declaration
on the Rights of Indigenous Peoples (UNDRIP):-
The United Nations Declaration on the Rights of Indigenous
Peoples was adopted by United
Nations General Assembly
during its 61st session at UN Headquarters in New York City on 13 September 2007 by a landslide affirmative vote of 144 States in the General Assembly. Four countries – the United States,
Canada, Australia and New Zealand – voted against it, while eleven – Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia,
Georgia, Kenya, Nigeria, Russia, Samoa and Ukraine – abstained.
According to a UN press release, it does "represent the dynamic development of international legal
norms and it reflects the commitment of the UN's member states to move in
certain directions"; the UN
describes it as setting "an
important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool
towards eliminating human rights violations against the planet's 370 million indigenous people and
assisting them in combating discrimination and marginalization’’
[11].
This declaration “emphasizes
the rights of indigenous peoples to maintain and strengthen their own
institutions, cultures and traditions, and to pursue their development in
keeping with their own needs and aspirations.
According
to article 8 of this declaration
that, ‘’Indigenous people have a
collective and individual right to maintain and develop their distinct
identities and characteristics, including the right to identify themselves as indigenous and to be recognized as such. The Article 31 states that, there is a major emphasis that the
indigenous peoples will be able to protect their cultural heritage and other
aspects of their culture and tradition, which is extremely important in
preserving their heritage.
v Indicators
of Indigenous people:-
We can identify few criteria
to determine the indigenous people around the world based on previous
international declarations and conferences such as
a.
Non dominant group:
This implies victimhood,
which not surprisingly, is what generally defines vulnerable and marginalized
people. And it also implies the paralyses of the agency of the ‘’indigenous
peoples’ around the world.
b.
The First People:
Indigenous Peoples refer to the first to settle in the country, with other names such as aborigines. But this does not mean the first appearance in the country.
Indigenous Peoples refer to the first to settle in the country, with other names such as aborigines. But this does not mean the first appearance in the country.
c.
Cultural Differences: In
Africa and Asia where processes of conquests and colonial structures took
place, indigenous peoples refer to groups that clearly distinguish themselves
in a socio-cultural context from the surrounding population. They are
characterized by a common culture and language, common spiritual ideas, an
identifiable territory and a certain economic structure[12].
d.
Historical continuity with
pre-colonial societies and Ancestral Territories:
Indigenous people and
nations are those which, having a historical continuity with pre-invasion and
pre-colonial societies that developed on their territories, consider themselves
distinct from other sectors of societies now prevailing in those territories or
parts of them. They form at present non-dominant sectors of societies and are
determined to preserve, develop, and transmit to future generations their
ethnic identity, as the basis of their continued existence as peoples, in
accordance with their own cultural patrons, social institutions and legal
systems.
e.
Collective
rights:
Contrary to other ethnic minorities, that struggle to protect
their rights on an individual level, indigenous peoples have always stressed
the need to recognize their collective rights. The United Nations Declaration
on the Rights of Indigenous Peoples (UNDRIP) recognizes these collective
rights. The UNDRIP was adopted by the UN General Assembly in 2007.
f.
Self-determination:
Today, many indigenous peoples are still excluded from society and deprived of their rights as equal citizens of a state. Nevertheless they are determined to preserve, develop and transmit to future generations their ancestral territories and their ethnic identity, insisting on their right to self-determination.
Today, many indigenous peoples are still excluded from society and deprived of their rights as equal citizens of a state. Nevertheless they are determined to preserve, develop and transmit to future generations their ancestral territories and their ethnic identity, insisting on their right to self-determination.
g.
Self-identification:
Self-identification as an indigenous individual and acceptance as such by the group is an essential component of indigenous peoples’ sense of identity. Their continued existence as peoples is closely connected to their possibility to influence their own fate and to live in accordance with their own cultural patterns, social institutions and legal systems.
Self-identification as an indigenous individual and acceptance as such by the group is an essential component of indigenous peoples’ sense of identity. Their continued existence as peoples is closely connected to their possibility to influence their own fate and to live in accordance with their own cultural patterns, social institutions and legal systems.
h.
Land rights
and natural resources:
Indigenous peoples often inhabit land, which is rich in minerals and natural resources. Indigenous peoples have prior rights to their territories, lands and resources, but often these have been taken from them or they have been threatened to leave. Indigenous peoples face serious difficulties such as constant threats of territorial invasion and murder, plundering of their resources, cultural and legal discrimination, as well as a lack of recognition of their own institutions.
Indigenous peoples often inhabit land, which is rich in minerals and natural resources. Indigenous peoples have prior rights to their territories, lands and resources, but often these have been taken from them or they have been threatened to leave. Indigenous peoples face serious difficulties such as constant threats of territorial invasion and murder, plundering of their resources, cultural and legal discrimination, as well as a lack of recognition of their own institutions.
i.
Culture and
Knowledge: Indigenous peoples are the holders of unique languages, knowledge
systems and beliefs and possess invaluable knowledge of practices for the
sustainable management of natural resources. They have a special relation to
and use of their traditional land. Their ancestral land has a fundamental
importance for their collective physical and cultural survival as peoples.
Indigenous peoples hold their own diverse concepts of development, based on
their traditional values, visions, needs and priorities.
j.
Political
participation: Indigenous peoples often
have much in common with other neglected segments of societies, i.e. lack of
political representation and participation, economic marginalization and
poverty, lack of access to social services and discrimination. Despite their
cultural differences, the diverse indigenous peoples share common problems also
related to the protection of their rights. They strive for recognition of their
identities, their ways of life and their right to traditional lands, territories
and natural resources.
v Comprehensive
Concept on Indigenous People: -
Throughout history different states designate
the groups within their boundaries that are recognized as indigenous peoples
according to international legislation by different terms. The indigenous
peoples also include peoples who are regarded as indigenous based on their
descent from the populations which inhabited the country at the time of inroads
of non-indigenous religions and cultures or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural and
political institutions, but who may have been displaced from their traditional
domains or who may have resettled outside their ancestral domains.
The status of the indigenous groups in the subjugated relationship can be characterized in most instances as an effectively marginalized, isolated or minimally participative one, in comparison to majority groups or the nation-state as a whole. Their ability to influence and participate in the external policies that may exercise jurisdiction over their traditional lands and practices is very frequently limited. This situation can persist even in the case where the indigenous population outnumbers that of the other inhabitants of the region or state; the defining notion here is one of separation from decision and regulatory processes that have some, at least titular, influence over aspects of their community and land rights. In a ground-breaking decision involving the Ainu people of Japan, the Japanese courts recognized their claim in law, stating that "If one minority group lived in an area prior to being ruled over by a majority group and preserved its distinct ethnic culture even after being ruled over by the majority group, while another came to live in an area ruled over by a majority after consenting to the majority rule, it must be recognized that it is only natural that the distinct ethnic culture of the former group requires greater consideration[13].
v The
relation of Adibashi to Indigenous people in Bangladesh:-
1.
Who are the Adibashi people in
Bangladesh :-
Adivasi is an umbrella term
for a heterogeneous set of ethnic and tribal groups claimed to be the aboriginal population of India[14]. They comprise a
substantial indigenous minority of the population
of India.
The same term Adivasi is used for the ethnic minorities of Bangladesh
and the native Vedda people of Sri Lanka. Although terms such as atavika, vanavāsi ("forest dwellers"), or girijan ("hill people") are
also used for the tribes of India, adivāsi
carries the specific meaning of being the original and autochthonous inhabitants of a given
region and was specifically coined for that purpose in the 1930s.[15]
Over time, unlike the terms "aborigines" or "tribes", the
word "adivasi" has developed a connotation of past autonomy which was
disrupted during the British colonial
period in
India and has not been restored[16].
Adivasi scholar ‘’Anathbandhu Chatterjee’’ points out that the Adivasi life is
intrinsically linked with the forest. The forest in fact symbolizes the Adivasi
life. Physical labor, community spirit and equality constitute the ethics
around which the Adivasi life centers. These traditions are shared by Adivasi
men and women alike. In the Adivasi society, emancipation of women is not
required to be granted by anyone. The freedom is there as the most natural
thing. The Adivasi woman is as free as the forest around her. She is a mother;
at the same time she works as hard as the hardworking man[17].
For
centuries Bangladesh is enriched with the culture of different adivashi ethnic
communities. A good number of adivashi live here. The word’’ adivashi’’ is
derived from the Sanskrit. ‘’Adi’’ meaning original and Bashi means inhabitant.
The adivashi may also mean ‘’indigenous people’’. Most of the indigenous
communities in Bangladesh draw their income from regular agriculture. The
indigenous communities in Bangladesh have their distinctive ways of living. But
the indigenous communities living in Chittagong Hill Tracts( CHT) are more
distinctive than their own living culture, and they more closely to the natural
contract livelihood and housing other communities in Bangladesh.
The
adibashi people of Bangladesh are not allowed to take their food inside some
restaurants. In the CHT , derogatory names which often one community uses for
another, e.g. Chakku for Chakma, Mogh for Marma etc. were used as verbal abuse
by security personnel and other people on the streets. Their racial features
are not equally treated as Bengali rather they are seen as inferior. In the
Muslim majority Bangladesh their culture are mostly considered as anti-Islam
for their association with pig rearing and habits of eating pork that are
forbidden for muslims. They are also placed at the lowest rank of social
hierarchy. Their lifestyles, people from some groups usually do not wear any
cloth on top parts of the body, is being represented as ‘uncivilized’ and their
food habits or food items sometimes cause social stigma for them[18].
The contemporary public discourse of
indigeneity in Bangladesh stands on the argument that Bengali is the
adibashi of the land since most of the ‘’indigenous people’’ living in Bangladesh
migrated to the region from different parts of the world later that Bengali
peope settled here. Thus the argument goes’ the indigenous people cannot the
adibashi people of Bangladesh since they are the original inhabitants of these
lands. In this construction, the discourse of Hil peoples as adibashi people
that they are the first settled people
in the Hill region compare to the Bengali people but not in the country[19].
According
to some social scientists and anthropologists opined the Adivashi means such a
group of people whose economy is characterized by food gathering and rearing of
animals for their livelihood. More recently many countries of the world used a
synonym word of ‘’Adivashi’’ is –‘forest dwellers’. Some characteristics of
course, are found in ascertinning the description of adivashi.
a.
The
adivashi live in such an area which is almost fixed. After the conclusion of
procuring food they return generally to a fixed area go to a new place to start
living there (Land rights and natural resources).
b.
The
adivashi own the unchanging cultural tradition. The proof of cultural unity is
found such a group of people. (Distinctive
cultural traditions).
c.
Their
food procurement system and production skill are of the same kind form
generation (Historical continuity with
pre-colonial societies).
d.
There
prevails a sense of unity among the members of the adivashi- their sense of
solidarity is very forceful (Collective
rights).
So, there
are about 35 smaller groups of Indigenous or adibashi people communities in
Bangladesh covering about two percent of the total population have been living
in different pockets of the hilly zones and some plain lands of the country
(www. Banlaembassy.com.). On the other hand according to the Bangladesh Adivasi
Forum, there are 45 ethnic groups with approximately 2.5 million living side by
side with the Bengali majority people. According to the government statistics
the total number of Adivasi is 12,05,978 which is only 1.03 percent of the
total population. However enough doubts remain about this number of Adivasis.
The
indigenous communities along with the localities they live are mentioned here
such as: Bawn, Chak,Chakma, Khyang, Khumi, Lushai, Marma, Mo, Pangkhoa,
Rakhain, Tanchanga, Tripura in Chittagong Hill Tacts Regions; Bhuiimale,Lahre,
Mahali, Monda, Noonia, Oraro,Pahan, Palia, Rabidas, Raybansi, Ranjoarh, Rana
Klarmaker, Santal, in the North Bengal region and Been, Bhumig, Boraj,Barman,
Dalu, Garo, Hajong, Halem, Kharja, Khari, Koch, Konda, Kurmi, Manjpuri, Nayk,
Pangan,Patra, Shabar, in the Mymensing and Sylhet region.
The hill tract indigenous communities are ethnically different from the
settled populaces in Bangladesh. They
have close links with indigenous of the vast region that extends from
Tibet to Indo-China. They are short in stature, have black hair, prominent
check-bones and narrow eyes, features that are generally known as typical to
the mongoloid type. One of the largest
concentration of the ‘’ethnic tribal/Adibashi groups of the country is the
Chittagong hil tracts. About one third of the tibal peoples live here. The
different ethnicities of the Chittagong hill tracts have their own traditional
social system, practices, customs,
language, literature, heritage, religious practices, customs, food habit and
festivals. The indigenous people live in
CHT are ; Bawn, Chak, Chakma, Khyang, Khumi, Lushai, Mrama,M ro, Pangkhoa,
Tranchangya, Rakhaine, and Tripua[20].
2.
The conditions of Adibashi people in Bangladesh :-
The East Bengal State Acquisition and Tenancy Act of
1950 ("EBSAT ACT, 1950")
uses the terms "aboriginal tribes and castes" to refer to the
Adivasis of the plains. The CHT Regulation of 1900 uses the term
"indigenous hillman" to refer to the adivasis of the CHT. Similar
wording has been used in the national Budget Act of 1995 (Act 12 of 1995). There are mentioned few conditions [21]
which are still being faced by the adibashi people in Bangladesh.
Land alienation and the State Acquisition and Tenancy
Act of 1950: The overall
situation of Adivasis in Bangladesh is far from good, as is even admitted by
ruling coalition leaders. We can Ask a Santal or Oraon and she will tell us about
the land alienation or social discrimination she suffers from. The Rakhaing of
the south are on record for petitioning the current and previous prime
ministers regarding land alienation, with little redress to date. This is so
despite the restrictions contained in the constitutionally-protected EBSAT ACT,
1950, regarding transfer of aboriginal lands to non-aboriginals. Theoretically,
an aggrieved aboriginal could go to court, but the impecuniosity of the
dispossessed prevents any action to obtain legal redress. There are no viable
alternatives to suo moto state action to implement this law.
National park, Eco Park and the human 'Denizens':
The Garo in Madhupur are far from happy. A
"National Park" has been created on their traditional land, with a
concrete wall that attempts to keep them away. A local leader, Piren Snal, who
led a peaceful protest against the wall, had to give his life for his people.
westwards towards Sylhet, the Khasi in which the "Eco Park" created
on their land, from which they are threatened with eviction. many Khasis were
threatened with eviction by Forest Department personnel and Bengali villagers.
The Khasis are not willing to be relegated to a status of human 'denizens' for
the benefit of city-based visitors to the so-called Eco Park. Until the 1980s,
many Khasi hamlets or punjis held formal leases from the Forest Department.
Land alienation & denial of
Self-Determination:
Compared to the plains, the self-government rights of
the indigenous peoples of the CHT are more secure, at least by law. However many
Marma, Tripura or Chakma complain about not having their alienated lands
restored. They may also complain about militarisation and human rights
violations. Tanchangya, always complains about the non-acknowledgment of their
people's self-determination right. Other members of the smaller indigenous
groups may complain of inadequate representation in the district and regional councils.
Yet others may say that the 1997 Accord cannot adequately safeguard the CHT
peoples' rights. In general,
the situation of Adivasi women is worse than their men because they suffer as
members of a disadvantaged minority and indigenous group, and also as women,
even among their own people.
Indigenous peoples in Bangladesh and the UN
year and decade:
On 9 August, 1993, the Bangladeshi indigenous peoples
celebrated the International Year of the World's Indigenous People, even though
the government had ignored the event. They demanded constitutional recognition
of their cultural integrity and political status. Leading members of
Bangladeshi civil society, including the greatest living Bengali poet, Shamsur Rahman,
extended their solidarity to the indigenous cause. The impact of the
international events was thus felt within the country in various ways. Firstly,
the UN events led to the forging of greater unity among the country's
indigenous peoples. Secondly, it instilled a greater sense of pride in the
indigenous identity. Thirdly, it led to the growing currency of the terms
"indigenous" and "Adivasi", which has also facilitated
intra-indigenous unity.
Indigenous identity and
Bangladeshi political leaders:
At United Nations fora, representatives of the
Bangladesh Government have occasionally declared that there are no 'indigenous'
people in Bangladesh, merely "tribals", or that all Bangladeshis,
including Bengalis, are indigenous. The position is somewhat similar to that of
the Government of India's, which too prefers "tribals" to
'indigenous'. However, barring some exceptions, the growing trend over the
years has been to provide greater respect towards this identity. Both the Prime
Minister and the Leader of the Opposition have sent messages of goodwill to the
Adivasis on Indigenous People's Day in previous years, addressing them as
"Adivasi". More recently, the draft national Poverty Reduction
Strategy Paper ("PRSP") has used the terms "indigenous/Adivasi"
in the Bangladeshi context. History cannot be denied. The Bangladeshi
indigenous peoples were living in and sustainably managing large parts of the
country long before other ethnic groups settled in these areas. In any case, it
is not the primordial basis of their identity that is important, but the fact
that indigenous peoples have historically been denied a role in state-formation
and state-building. International Treaty law and Customary International law on
human rights and indigenous peoples' rights seek to reduce the unbalance, and
do away with some of the legacies of these historical wrongs and inequities,
including through affirmative action or protective discrimination.
Towards dialogue, peace and development:
The overall situation of the indigenous peoples of the
country is a case for serious concern and calls for concerted action through
dialogue, mutual respect, and trust. The recent Government-indigenous dialogue
on the PRSP was a positive example to be emulated. There may be differences
between the two, but the gaps can definitely be narrowed down. Greater
devolution of authority to the hill councils, and direct representation of the
plains Adivasis in the Special Affairs Division that deals with Adivasi issues
for the plains - would accelerate development in the long-neglected Adivasi
areas.
That would instil a stronger sense of
"Bangladeshiness" than to continue to keep them excluded from
governance and development. Certain sections of the government occasionally
react in a frenzied manner to Adivasi protests against the violation of their
rights. It is a norm of healthy and democratic societies for such complaints to
be made. This happens also in the case of other countries, and the Government
of Bangladesh should not feel that people who so complain are acting against
the interest of the state.
The Adivasis of the country seek peace and stability
in their areas and in the whole country. In the CHT, the indigenous people have
suffered much during the 20-year conflict and will not easily support any
further violence in the region. Whatever violence there is, can hopefully be
ended, through the joint efforts of all concerned. The indigenous peoples of
the region are more than ready to co-operate with all sections of Bangladeshi
civil society to bring forth a truly just peace in the region.
Democracy and Self-Determination:
The long-term interest of any state is to foster
contentment, peace and development. And that is possible only by respecting
true self-determination. The right of self-determination should not only be
equated with the creation of a new state. Bangladesh has ratified the International Covenant on Civil and
Political Rights and the International
Covenant on Economic, Social and Cultural Rights. Article 1 of both
covenants reads: "All peoples have the right of self-determination. By
virtue of that right they freely determine their political status and freely
pursue their economic, social and cultural development." This right cannot
be denied to indigenous peoples, including those in Bangladesh.
Speaking about self-determination, the UN Special
Rapporteur on Indigenous Peoples' Rights, Dr. Rodolfo Stavenhagen, had this to
say, among others: "The link between self-determination and democracy must
be strengthened in theory and in practice. The violence we see around us is not
generated by the drive for self-determination, but by its denial. The denial of
self-determination, not its pursuit, is what leads to upheavals and conflicts.
And the denial of self-determination is essentially incompatible with true
democracy".
v Conclusion:-
Particularly,
the land right of the adibashi peoples of Bangladesh has been denied. No
government has properly acknowledged the land right of the adibashis in this
country. All the plain-land adibashi communities- such as the Dalu, Garo,
Hajong, Khashi, Mahato, Oraon, Patro, Pahan, Rakhain and Santal- have been
severely affected by land dispossession. In addition to the undue political
influence and local class-based hegemonic culture, government-connived
initiatives have also been considered as major reasons for land dispossession
of the plain-land adibashis. Laws apparently in order to stop such processes of
land dispossession of the indigenous communities has also been enacted- but in
practice, land dispossession goes on unabated. Various issues related to such
traumatic incidents in the past- such as the Partition of India in 1947, the
Indo-Pak War in 1965, the Liberation War of Bangladesh in 1971 etc.- have
supported and encouraged the land-grabbers to surreptitiously grab the lands of
the plain-land adibashis in Bangladesh.
Grabbing
by local influential persons from other community mostly Banglaee, grabbing
through forged documents, governmental acquisition, forgery during land record,
lack of proper land documents, and land grabbing by settler Bangalees are
important ways of grabbing land of the Adibashi peope. So, there have been suggested various ways and
means to mitigate their land dispossession and alienation. A consideration of
viability and the hierarchy of prioritization suggest that the following steps
should be taken by the concerned agencies in order to solve the issue of
alienation and dispossession of land among the plain-land adibashis in
Bangladesh[22]:
a.
Establishing a pro-active Adibashi Land Reform
Commission.
b.
Ensuring the adibashi people’s representation
and active participation in the proposed
Adibashi Land Reform
Commission.
c.
Assigning of adequate emphasis on the land and
life of adibashi people by the Parliamentary Standing Committee on Land.
d.
Adequate
advocacy efforts by the Government and the civil society toward improving the plain-land
adibashi peoples’ life and livelihood.
They
are also should be recognized in the constitution of Bangladesh government
based on their distinctive identity as they have been living in their own territory.
[1] http://www.ecdo-bd.org/indigenous-communities-of-sylhet/the-situation-the-past-and-the-present/
, Accessed at 2.25 pm, 06/06/2013.
[2]
Oxford English Dictionary(n.d) for ‘indigenous’.
[3]
Manjusha S. NAIR.’’ Defining indigeineity
Situatin Transnational Knowledge’. New Delhi, 31 January 2006. P.8.
http:/rci.rutgers.edu/-manjusha.
[4] Jesse,Neal G. and Kristen P. Williams,2011,
Ethnic Conflict; A systematic approachs to cause of conflict (Washington,
D.C.CQ, press).
[5]
Ibid.
[6]
Ibid.
[7] http://www.ilo.org/indigenous/Conventions/no169/lang--en/index.htm,
Accessed at 6;25 pm, 06/07/2013,
[8] The draft declaration is contained in UN Doc.
E/CN.4/Sub.2/1994/2/ADD.1 and is currently under consideration by a working
group of the Commission on Human Rights.
[9] United Nations Sub-Commission on Prevention of
Discrimination and Protection of Minorities and its Study of the Problem of
Discrimination against Indigenous Populations, UN Doc.
E./CN.4/Sub.2/1986/7/Add. 4.para 379 (1986).
[11] United Nations Declaration on the rights of
Indigenous peoples, New York, 13 September 2007.
[13] Judgment of the
Sapporo District Court, Civil Division No. 3, 27 March 1997, in (1999) 38 ILM,
p.419.
[14] Lok Sabha Debates ser.10 Jun 41–42 1995 v.42 no.41-42, Lok Sabha Secretariat, Parliament of India, 1995,
retrieved 2008-11-25, "... Adivasis are the aborigines of India.
[15] Robert Harrison Barnes, Andrew Gray and Benedict Kingsbury
(1995), Indigenous peoples of Asia, Association for Asian Studies, ISBN 0-924304-14-6, retrieved 2008-11-25, "The Concept of the Adivāsi:
According to the political activists who coined the word in the 1930s, the
"adivāsis" are the original inhabitants of the Indian subcontinent
..."
[16]
Louise Waite (2006), Embodied Working Lives: Work and Life in Maharashtra, India, Lexington Books, ISBN 0-7391-0876-X, retrieved 2008-11-25, "The scheduled tribes
themselves tend to refer to their ethnic grouping as adivāsis, which means
'original inhabitant.' Hardiman continues to argue that the term adivāsi is
preferable in India as it evokes a shared history of relative freedom in
precolonial times.
[17] The Article has been collected from
“Bangladesh: Land Forest and Forest People”, Published by Society for
Environment and Human Development (SEHD), Dhaka, Bangladesh.
[18]
Nasreen, Zobaida, Journal of the Asiatic society of Bangladesh (Hum),
Vol.57(2),2012,pp.325z
[19]
Ibid. pp.342-343.
[20] Bangladesh statistical year book 2002:33.
[21] Devasish Roy
cited available at https://sites.google.com/site/bdguiber/home/6-english/bangladesh/adivasy/adivasi-rights-in-bangladesh-where-have-they-in-the-last-two-decades, accessed at
11.01 am, 06/06/2013
[22] A Study conducted by Abul Barkat,
Mozammel Hoque Sadeka Halim Asmar Osman on The Land Dispossession and
Alienation of Adibashis in the Plain Districts of Bangladesh, Human Development
Research Centre, Dhaka: July 15, 2008.
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