Human right is
indispensable rights of every human being. Its nature is inherent; it cannot be
alienated or cannot be obtained by power or force. The concept of human rights
has been established on the basis of
human dignity. This dignity is acquired only when gets one’s rights
properly. In spite of this, the Charter
of United Nation, International Human Rights have been adopted.
Aboriginals have the
same right as the ordinary people of the world. The UN and world community have
given special emphasis on developing the human rights of the aboriginals. But
it is emphatically true that aboriginals are being deprived of their rights.
Literally, they are considered as human beings, but very often they receive
subhuman treatment.
In Bangladesh the
history of aboriginals is the history of oppression and deprivation of human
rights. The reason is of the following;
1. Customarily the aboriginals have the
rights to land. Article 27 of the UDHR states that,
“Everyone has the right to own
property alone as well as association with others”. Article
11 and 12 of the International Labor Organization 1969, “the right of ownership, collective or
individual of all the members of population traditionally occupy shall be
recognized”.
Bangladesh ratifies
UDHR and ILO, so it is the duty of Bangladesh to recognize the right to
ownership and possession of the aboriginals. Though article 13 and 42 of the
Constitution of Bangladesh recognizes the right of ownership and of
property. But problem arises towards the aboriginals. Where the Preamble states that “the society will be free from exploitation
and must ensure the rule of law, fundamental human rights, equality and
justice, will be secured for all citizens [here the term all citizens also
includes the aboriginals cause they are within the territory of Bangladesh]” and
article 2 states the territory of Bangla
2. Aboriginals have the right like other people in
Bangladesh to occupy, transfer etc. land. Since 1947 or even after independence
of Bangladesh, aboriginals had their cultivable lands, homestead, cattle, fowls
and even some of them farm house. But, they never felt to keep their papers for
the records of rights for their
lands and properties. Local people taking advantage of their illiteracy and
simplicity got their names recorded in places of aboriginals. Finally, the
aboriginals were ejected from their own properties and homesteads
3. In the present Constitution the aboriginals are
treated as “backward section of people
instead of indigenous people”. Aboriginals have the
right to get nationality but they did not get even their citizenship is in
doubt. In Govt. of Bangladesh vs. M.S. Ispahani [40 DLR (AD) 116, it was
stated that “citizenship is
distinct from nationality.” Where article 15 of the UDHR states everyone has the right to a nationality and
no one shall be arbitrarily deprived from this right
4. Transfer
of any of the aboriginal property is restricted by the laws of land in
Bangladesh, if there be any such transfer, these may be done by taking
permission of district authority. In presence of such laws, how the aboriginals are becoming rootless?
All these transfers have been made fraudulently and by exercising undue
influence on the authority. Many of the aboriginal have transferred their
properties due to acute poverty or threat of local people. They cannot stand
before the court or cannot get assistance by law, where article 7 of the
UDHR and 27 of the Constitution of Bangladesh states, “everyone has the right to be treated equally before the law and are
entitled without any discrimination to equal protection of law.” And it
becomes the total violation of human rights against them.
1. 5. In
Northern districts of Bangladesh, people settled in the areas of aboriginal.
Aboriginal seem to be rather suspicious
of refugees, who are known to make use
of any tactics to divest local people of their properties. The refugees
have joined economically more powerful local groups who exploit the aboriginals
in various ways. The aboriginal find it very difficult to understand how
their land- which they have been cultivating for generations and paying taxes
regularly- can become vested property of others or how khas land which they have been enjoying for years is now suddenly
taken on lease by non-aboriginals.
6. It has been mentioned in article 107 of the
Convention of ILO,” the
land of aboriginal must be protected they shall never be deprived of their
right to property. If their lands are acquired for any public purpose in that
case they must be given adequate compensation.” Bangladesh ratified the ILO
convention of 1972, Department of Forest has been trying to evacuate 5000
aboriginals from Madhupur Hill Area, in the name of creating a National Park
there. At Rajshahi a huge land have been illegally declare “vested property” under Vested Property
Act, ignoring their rightful ownership
Lastly,
the aboriginal people in Bangladesh are marginalized as a result of the lack of
respect for their culture, customs and traditions. They do not have the right
to self-determination, control over their own land and territories, and full
and effective participation in their decision making. The overall justice
system in Bangladesh has long been seen to provide a deteriorating service to
the population in general and for aboriginals is in particular. The right, both
in human and fundamental, in aboriginal peoples been in adequate in their
outreach and largely intensive to questions of cultural distinctiveness.
