Discrimination against and Land Dispossession of Land of Indigenous Peoples in Bangladesh

By Kapaeeng Foundation
August 2009)

Discrimination and human rights violation is particularly glaring in the indigenous-inhabited regions, where they have continued to suffer from violent land-grabbing and other forms of land alienation. Few media reports published in August 2009 which reflect such land dispossession of and discrimination against indigenous peoples in Bangladesh are given below for your kind information and perusal:

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The daily Star, Saturday, August 22, 2009

Khagrachhari : 3,300 landless families await settlement

Jasim Majumder, Khagrachhari

At least 3,300 landless indigenous families have not yet got permanent settlement of the government land where they have been living for 30 years.

Sources said the government gave 20,625 acres upland (high land) to 3,300 families in 1979-1980 financial year under the 'Chittagong Hill Tracts Development Board upland project' to settle floating indigenous people in CHT.

Each family was provided with 6.25 acres land and other facilities including house to make them financially independent.

According to deputy commissioner's (DC) office, the government rehabilitated 600 families in Bhaibonchhara, 580 families in Gasbon, 220 families in Bairafa, 600 families in Dighinala, 500 families in Matiranga under Khagrachhari district while 300 families in Bagaichhari area under Rangamati and 500 families in Bandarban.

The government also made a contract with those people in the same year of their rehabilitation (1979-1980) and assured them of giving permanent settlement with appropriate land documents by the authority concerned.

"As per the contract, we have been looking after the land and orchard since 1979-1980. The authority concerned is also taking 40 per cent of the total income every year according to the contract. But the government still keeps us as temporary caretakers," said Madhusudon Tripura, 50, a landless person of Gasbon area under Sadar upazila in the district.

When asked about the reason for delay, General Manager (GM) of the Upland Project under CHT Development Board Mohammad Ali Hydar said the settlement process was ignored due to negligence of former GM.

"I've already completed all process to bring 3,300 landless indigenous people under a permanent settlement as per the contract between them and the CHT Development Board," he said, adding that it now depends on the DC's office.

DC Mohammad Abdullah said the process could not be completed due to complication related to land and lack of a proper survey.

"We are not the sole authority for their permanent settlement. The three Parbatya Zilla Parishads are also responsible as per Parbatya Zilla Parishad Act, 1989," he said.

He said some 1,270 applications of the landless people were pending with the assistant commissioner's (land) office while 1,217 applications with DC office, 563 with Khagrachhari Hill District Council for land registration.

Khagrachhari Hill District Council Chairman Ruhity Karbary said his office could not proceed due to some complication over land. But land registration of about 250 families has been completed and documents will be handed over to them by September 15, he added.

"To resolve the issue, the officials are working hard and we shall give the landless people documents of permanent settlement by October," he said.

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New Age, Dhaka, August 19, 2009

Cancel lease of 260 plots in CHT: JS panel

The parliamentary standing committee on CHT affairs ministry on Tuesday recommended cancellation of the 260 plots, leased out to influential people, for violating the terms and condition of the allotment.

The committee made the recommendation at its 5th meeting held at the Peda Ting Ting, a private tourist resort, on the bank of Kaptai Lake in Rangamati.

The committee asked the taskforce on rehabilitation of the repatriated tribal and internal refugees to become more active to find out their problems discussing with them.

The committee member, ABM Fazle Karim Chowdhury, presided over the meeting as its chairman Promod Mankin relinquished from the chairmanship for his induction in the cabinet as a state minister.

Committee members state minister for CHT affairs, Dipankar Talukder, chairman of CHT Development Board, Bir Bahadur, chairman of the taskforce on rehabilitation of the repatriated tribal and internal refugees, Jyotindra Lal Tripura, Ethin Rakhayin, Giasuddin Ahmed and secretary in-charge of the CHT affairs ministry, Muzammel Haque, attended the meeting.

After the meeting, ABM Fazle Karim said that the committee attached highest importance to cancellation of the 260 plots, which were not being used as per the terms and condition of the allotment.

The committee also recommended reorganising of the taskforce with requisite number of manpower to make it more active, he added.

Chairman of the CHT regional council, Jyotirindra Bodhipriya Larma alias Santu Larma, also attended the meeting on special invitation.

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The Daily Star, Wednesday, August 26, 2009

Call to allocate lands for indigenous people

It is necessary to allocate lands for all indigenous people so that they can have shelters, Chairman of Parliamentary Standing Committee on land ministry AKM Mozammel Haque said at a discussion yesterday.

Bangladesh Adivasi Odhikar Andolon in association with UNDP organised the discussion on 'Existence of Koch community people in Bangladesh and protecting their rights: Relevance of the UN declaration of 2007 regarding Adivasi' at Women's Voluntary Association (WVA) auditorium.

Hailing the decision of withdrawing army from Chittagong Hill Tracts, former ambassador Maj Gen (retd) Amin Ahmed Chowdhury said it is courageous and dynamic decision of the government.

"Hill people are peace-loving and sons of the nature. They should not be pushed into conflict. It is a farce to talk peace while carrying firearms in hand," he said.

Chairman of Bangladesh Koch Adivasi Organisation Romesh Koch, general secretary Sushil Koch, Monoranjan Koch, a teacher and social worker, and lawmaker Shawkat Momen Shahjahan also spoke.

Journalist and writer Shahriar Kabir presided over the meeting. UNDP representative Hossain Shahid Suman was also present.

"Koch is one of the most ancient ethnic group in the country," said Prof Mesbah Kamal.

There are at least two lakh members of Koch community across the country, mostly in Gazipur, Rangpur and Sylhet, he said.

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The Daily Star, Wednesday, August 19, 2009

None Punished for Alfred Soren Murder in 9 Years

Sense of insecurity still haunts Bhimpur indigenous families

Indigenous communities and different NGOs yesterday observed ninth death anniversary of indigenous leader Alfred Soren who was killed in a land dispute on August 18, 2000.

They demanded security of the indigenous people and land rights through formation of a separate land commission for them.

A deep sense of insecurity still haunts the indigenous families at Bhimpur village in Naogaon where Soren was murdered.

Nearly 200 musclemen of local landlords killed Soren with a blueprint to evict evict 22 indigenous families from the village.

Soren's family members claimed at least seven families including those of Shreemonto Hembrom, Komol Soren and Anil Soren have left the village in the face of 'death threats' by local landlords.

Soren's wife Jyotsna Soren now lives in Dinajpur while her daughter Jhorna studies at a missionary school in Joypurhat.

Alfred Soren's brother Komol Soren said he fled to Tanore in Rajshahi following death threats by his brother's killers. The threats were issued immediately after Bhimpur police outpost was withdrawn in April, 2003, under pressure, he said.

Jatiya Adibashi Parishad and different other NGOs visited Bhimpur to place wreaths at Soren's grave and Jatiya Adibashi Chhatra Parishad formed a human chain in Rajshahi city to mark the day with protests.

Soren's killing sparked countrywide protests, forcing the then government to declare that the disputed lands belonged to the local indigenous people.

Now, nine years have passed but Alfred Soren murder case is still under trial.

Jatiya Adibashi Parishad general secretary Rabindranath Soren told The Daily Star that the government should immediately take steps to return 250 bighas of indigenous people's lands captured over the years by the local landlords.

Our RU Correspondent adds: The indigenous students in Rajshahi yesterday formed a human chain demanding speedy trial of Alfred Soren killing case.

Under the banner of Adivashi Chhatra Parishad, they also held a rally at Shaheb Bazar Zero Point demanding immediate arrest of the killers and speedy trial of the case.

Parishad president Harendranath Singh, general secretary Manik Saren, organising secretary Nabadeep Lakra and other leaders addressed the rally.

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The Daily Star, August 25, 2009

Prisoners of forest
Around 25,000 indigenous people left in the lurch as all govts ignored forest laws, their rights

Pinaki Roy

No government has ever complied with the forest laws to recognise the land rights of the indigenous Garo or Mandi and Koch people, traditional inhabitants of the Madhupur Sal Forest, but rather used the forestland for non-forestry purposes.

Around 25,000 indigenous people of 8,630 families now live in 63 villages in and around Madhupur in coherence with the forest and its ecology.

The Garo and Koch people were once the mainstream community here. But the Bangla-speaking people are dominating day by day as the Department of Forest introduced settlers to implement its controversial projects.

"The indigenous people were unable to pay bribe and get involved in the social forestry project. So the Department of Forest involved outsiders in the project and thus promoted the settlers in the forestland," said Ajay A Mree, an indigenous leaders living in Madhupur.

In the process of gaining profit from the forest, the department also failed to protect the forestland, leave alone the rights of forest people.

The department always wanted to keep its control over the forest ignoring the local people, resulting in total degradation of the valuable natural forest and tension again and again in the area.

This forest is very much related to the indigenous people's life, culture and livelihood. The Garos collect 27 different types of tubers for food from the forest during the rains. Moreover, they collect 57 kinds of medicinal herbs besides dried leaves and fodders for their animals.

But the government between 2000 and 2004 tried to fence in the Sal forest prohibiting the forest dwellers from collecting forest resources. The government's National Park Development Project only mounted tension and led to degradation of the natural forest.

However, almost all the money of this around Tk 10-crore project was kept for constructing different concrete structures including brick walls, roads, toilets and development of picnic spots.

The government also implemented many others donor-funded wood tree plantation projects in which the indigenous people did not want to take part. As they demanded their land rights, they went through a contentious relation with the Department of Forest.

The department filed hundreds of cases against local indigenous people accusing them of illegal logging, while the indigenous people allege those cases were filed only to harass them.

The same scenario went on and on for years.

"We can withdraw the cases but they have to promise that they would not fell anymore trees in the forest. But the indigenous people's leader cannot make such promise," says Shah-E-Alam, divisional forest officer of Tangail forest division.

Around 3,200 cases are now pending against the indigenous people. The government in 2006 suggested that the department withdraw the cases which were filed to "harass" the people.

"Still there are more than 3,000 cases against the indigenous people filed by the Department of Forest. They issued warrants against us under the cases filed in 2004 which was only for harassment," said Ajay A Mree.

The proposal of fencing in the forest was eventually abandoned at the cost of lives of two indigenous protesters -- Peeren Slan who was killed by the law enforcers on 3 January, 2004 and Cholesh Richil who was declared dead in custody of the law enforcers during the caretaker rule.

Utpal Nakrek, an indigenous youth, became handicapped forever as bullets hit his backbone during protests against the eco-park project.

HOW MUCH LAND

THEY NEED

The total land claimed by 4,129 Garo families in this forest is 8,171.74 acres, while settlers are occupying about 5,547.17 acres of land within the forest.

This was revealed by a recent door-to-door survey conducted by Bangladesh Environment Lawyers Association (BELA) and the Joyenshahi Adivasi Unnayan Parishad in Madhupur, Muktagachha, Ghatail and Phulbaria mouzas.

The survey detects the land claimed by the Garos and other dwellers in the 18 mouzas -- Aronkhola (4180.315 acres), Pirgachha (3,138.33 acres), Joramgachha (362.395 acres), Fulbagchala (531.21 acres), Chapaid (271.64 acres), Rasulpur (89.64 acres), Chunia (442.36 acres), Sholakuri (419.835 acres), Bijoypur (84.94 acres), Beribaid (2,872.815 acres), Mohishmara (492.61 acres), Molajani (269.6 acres), Idilpur (171.26 acres), Gachhabari (278.53 acres), Mirzabari (8.82 acres), Pirojpur (71.11 acres), Dholpur (13.23 acres) and Moraid (18.87 acres).

Asked how to preserve the natural forest and protect the rights of the local people as well, Syeda Rizwana Hasan, executive director of BELA, cited the experience of the neighbouring countries.

"They recognise the rights of the forest dwellers and manage the forest in participation of the local community. And they have successfully revived much share of the natural forests," she said.

"The indigenous community will never destroy the natural forest as it goes with their lifestyle, practice and knowledge. Just the authorities have to change the approach," she added.

HOW THINGS GOING

SINCE BRITISH ERA

The first onslaught on the indigenous people came in 1927 when the British colonial rulers granted the entire Madhupur tract to the Raja of Natore.

The Raja dedicated the forest to the god Govinda as endowed property.

However, the Garos were allowed to live on homestead plots paying a yearly tax. The Garo woman tenants were also granted permission to register low-lying land in their names.

The registration started in 1892 and was incorporated again in the Cadastral Survey of 1914-1918.

In 1982 the government of independent Bangladesh in a gazette notification placed much of the Madhupur tract under the category of the government forest land.

The entire procedure was completed without issuing any notice to the Garos.

When the government move was challenged in the court of justice and in the land settlement office, the authorities allegedly refused to give any opportunity to the Garos to produce their documents.

The successive governments served eviction notices to the Garos while depleting the Sal forest and even replaced the local trees with unknown species, highly detrimental to environment and local inhabitants.

LEGAL RIGHTS VIOLATED

The sections 5, 11, 12, 14 and 15 of the Forest Act, 1927 state that the original forest inhabitants may claim rights over land, rights of way, rights of pasture, and rights over forest produce declaring the forest as a village forest.

At the same time, the Wildlife Protection Act, 1973 does not put any blanket restriction on human living or settlement in the National Park areas.

But even after 82 years of the law being in force, no such forest has been declared as "village forest" to mean actual involvement of the forest dependent people in forest management.

Sanjeev Drong, a rights activist fighting for the rights of the indigenous people, says forming a different land commission for the plain land indigenous people could solve the problems and save the forests.

"We have been demanding constitutional recognition of the indigenous people and a separate land commission for years. A separate land commission could solve the issue," Sanjeev observes.

He expresses the hope that the current government would protect the rights of indigenous people and forest dwellers as it was in the election manifesto of the ruling Awami League.

"So far it seems the government is positive to its pledges.”