Indigenous peoples: Need constitutional recognition

Indigenous peoples: Need constitutional recognition

Md. Raisul Islam Sourav

People who inhabited a land before it was conquered by colonial societies and who consider themselves distinct from the societies presently governing those territories are generally known as 'indigenous people'. The word 'people' creates a controversy. Part one, Article One of The United Nations International Covenant on Civil and Political Rights, 1966 and the International Covenant on Economic, Social and Cultural Rights, 1966 state that all people have the right of self-determination by virtue of which they “freely determine their political status and freely pursue their economic, social and cultural development”. Some state governments oppose use of the term “people” in regards to indigenous people because they fear its association with the right of succession and independent statehood. Those states prefer the terms “tribes” or “populations”. On the opposite side, indigenous people like to use the term “people” because of its association with inherent recognition of a distinct identity.

Indigenous people worldwide number between 300-500 million, embodies and nurtures 80% of the world's cultural and biological diversity, and occupies 20% of the world's land surface. The indigenous people of the world are very diverse. They live in nearly all the countries on all the continents of the world and form a spectrum of humanity, ranging from traditional hunter-gatherers and subsistence farmers to legal scholars. In some countries, indigenous people form the majority of the population; others comprise small minorities. Almost all the indigenous people strive to preserve traditional ways of life, while others seek greater participation in the current state structures. Indigenous people recognise their common plight and work for their self-determination; based on their respect for the earth.

Despite such extensive diversity in indigenous communities throughout the world, all indigenous people have one thing in common - they all share a history of injustice. Indigenous people have been killed, tortured and enslaved. In many cases, they have been the victims of genocide. They have been denied the right to participate in governing processes of the current state systems. Conquest and colonisation have attempted to steal their dignity and identity as indigenous peoples, as well as the fundamental right of self-determination.

Bangladesh context
In Bangladesh, according to the government estimate, around 12 lakh indigenous people of 27 ethnic groups live in the country. Non-government organizations however put the number of ethnic groups between 40 and 50 with a total population of 20 lakh. These communities mainly live in the southeast (Chittagong Hill Tracts) region, north, north-central plains, northeast region and in the coastal belt.

Now it is established that 'Adivasi' communities played a significant role during the Liberation War in 1971. But the great matter of regret is that, they are still not recognised by the Government nor by the Constitution as Adivasi or indigenous people. The colonial term "tribal" or "Upojati" is still strongly enforced in all our official documents. Current government ordered government officials to call them “Upojati” (tribal). A superior officer of the Foreign Ministry recently stated, “In Bangladesh there are no Adivasis or indigenous people; they are merely “Upojati”” at a conference relating to indigenous peoples in UN.

The State refuses to recognise them as Adivasi. It prefers calling them “Upojati”. Government evasively denied their justice. There are most likely views of alarm as once they get the status of indigenous people, then an obligation would automatically arise upon them to implement their rights.

Dispute of land
The malignant boil, which was planted by a despotic ruler, is still working as a cause of distress for the microscopic nationality. Many indigenous families were evicted from their ancestral land and homesteads as outsider settlers (dominant group) grabbed their lands. Historically, microscopic communities have no document concerning their ownership over their land. It is traditional that they do not require any paper document of their land. This is also acknowledged by Art. 25 of the Universal Declaration on the Rights of Indigenous Peoples. It enumerates: “Indigenous peoples have the right to keep and strengthen their distinctive spiritual relationship with their land and waters”. Moreover, Art 26 added: “Indigenous peoples have the right to own and control the use of their land, waters and other resources. Indigenous laws and customs shall be recognised”.

Customarily they are enjoying the ownership and possession of their land on the basis of assemblage. Usually, they also live in co-operative society. Further, they have a set of their own rules and regulations for themselves.

Nevertheless, settlers and local dominant group grabbed their lands fraudulently from them. They are involved to take this chance of non-presence of document of land and registered Adivasi's land in their name as per national law. It makes a conflict between them. It is one of the major problems of Adivasis in Bangladesh. Sometimes State itself also instigate this land grabbing in the name of constructing park for the recreation of the large community.

Agony of suppression
The recently fervid sore of Bhaghaichari (19-20 Feb. 2010) is not detached from the heart of Adivasis, when we witnessed massive violation of human rights. Dominant group attacked them with the aid of law enforcing agencies. The “Peace Accord, 1997” is still not properly implemented. Each government avoids the lawful rights of those people by taking shelter of fraud, so that they expose reluctance to execute the accord fully. After withdrawing some military camp from a part of CHT area, during the period of 14 party alliance government groups of people are frantic to set up new camps of RAB there. However, CHT area is not beyond the area of Bangladesh as stated Art. 2 of the Constitution. Hence, that is why indigenous people are also entitled to enjoy same rights as of dominant group. Appointment of additional number of military or RAB forces reflected the mentality of suppression of the government. It shows that indigenous people are somewhat dissimilar from governing group.

Till now, those Adivasis dedicated their lives to protect their interest and ancestral land, State could be free from curse by arranging neutral trial of such. Indigenous peoples were buoyant when ruling government took power. Because in their election manifesto they promised to do a lot of things for the benefit of them.

Representation from the respective communities is mandatory to resolve the matter fruitfully. Because all initiatives have failed which were taken at various time for the lacking of representation of Adivasi, bona fide will of govt. or for the lack of proper power of the settling authority. A number of opportunist people have been grown into their community who are always engaged to protect their self-interest even by abandoning group interest. If government selects these persons to mitigate these issues then it will be boomerang for the Adivasis.

It is the lawful demand of the microscopic nationality to safeguard their identities, languages and cultures by inserting provisions into the supreme law of the land. Once Constitution takes the liability to protect them then no one can deprive them from getting these rights. Constitutional recognition will remove all the barriers that come in the way of ensuring the basic rights and improving the social status of Adivasis. Though the Constitution has some provisions for the benefit of indigenous people in the name of “backward section of citizens”, it is not sufficient. It is necessary to appoint representatives from the Adivasi communities in the recently formed committee for constitutional amendment to speak for their benefits.

The writer is Student (LL.M), Department of Law, Northern University Bangladesh (NUB).