A RESEARCH MONOGRAPH

ON

HUMAN RIGHT OF INDIGENOUS PEOPLE :

A CASE STUDY OF TANORE THANA

BY

MD. SHARIPHUL AREPHINID: LLB 06015007712th SEMESTERLL.B (HON’S)

DEPARTMENT OF LAWNORTHERN UNIVERSITY BANGLADESH

RAJSHAHI CAMPUS

Courses Title: Research Monograph COURSE CODE:LAW4400

FALL SEMESTER, 2009

1

A RESEARCH MONOGRAPH

By

MD. SHARIPHUL AREPHINID: LLB06015007712th SEMESTERLLB (HONS)

DEPARTMENT OF LAWNORTHERN UNIVERSITY BANGLADESH

RAJSHAHI CAMPUS

OnHUMAN RIGHT OF INDIGNEOUS PEOPLE:

A CASE STUDY OF TANOR THANA

Courses Title: Research Monograph CoursesCode: LAW4400

Fall Semester, 2009

Submitted toProfessor Dr. A. F.M Mohsin

In-charge Department of Law

NORTHERN UNIVERSITY BANGLADESHRAJSHAHI CAMPUS

2

A RESEARCH MONOGRAP

ByMD. SHARIPHUL AREPHIN

ID: LLB06015007712th SEMESTERLL.B (HON’S)

DEPARTMENT OF LAWNORTHERN UNIVERSITY BANGLADESH

RAJSHAHI CAMPUS

OnHUMAN RIGHT OF INDIGNEOUS PEOPLE:

A CASE STUDY OF TANORE THANA

Courses Title: Research MonographCourses Code: LAW4400Fall Semester, 2009

Supervised byProfessor Dr. A. F.M Mohsin

3

In-charge Department of Law

Northern University BangladeshRajshahi Campus

DECLARATION SHEET

The author declares that he himself produced research

output without any direct help from anybody else. He

claims that the thesis was prepared by his own efforts

and endeavour. He also announces that the thesis was not

submitted earlier to any institution for any degree or

course work.

4

December 2009

The Author

HUMAN RIGHT OF INDIGNEOUS PEOPLE:

A CASE STUDY OF TANORE THANA

ACKNOWLEDGEMENT

5

All praises to the Almighty Allah, the lord of universe,

the great merciful, who deserves all credits for

successful carrying out this research work and

preparation of this thesis leading to Bachelor of Law.

The author also feels much pleasure to express his

gratitude and indebtedness to Professor. Dr. A.F.M Mohsin

In-charge, Department of Law, Northern University

Bangladesh for his sympathetic consideration, valuable

suggestion, constructive criticism, constant and

enthusiastic guidance and cordial co-operation during the

tenure of conducting this study.

The author also likes to express his sincere gratitude to

Md. Shahidul Islam, Assisant Professor in Law, Md. Ahasan

Habib, senior Lecturer in Law and Md. Delower Hossain,

Senior Lecturer Department of Law, Northern University

Bangladesh for their valuable help, encouragement,

cordial feelings and co-operation throughout the study

period.

The author humbly desires to express deepest and most

sincere gratitude to all students of the Department of

Law, Northern University Bangladesh for their valuable

help and contribution.

Lastly, the author can not but mention his deep sense of

gratitude to his parents, brother, sisters and relatives

for their encouragement, blessing, moral supports, prayer

and sacrifices which enable him to complete the thesis

with patience and perseverance.

6

December 2009

the author.

HUMAN RIGHT OF INDIGNEOUS PEOPLE:

A CASE STUDY OF TANORE THANA

Abstract

The Human Rights of the Indigenous people occupy a

significant place in the legal parlance of Bangladesh. But the

implementation of these rights is very weak. Sometimes, their

rights are violated by the higher status people, sometimes, by

the govt. or sometime by any other provisions of law and even

by the law enforcing agencies. While the constitution of

Bangladesh guarantees Indigenous people rights, eg, civil,

political, economic, social and cultural right, violation of those

rights have been the most widespread in Bangladesh and has

been routinely ignored by successive governments since

Bangladesh's independence in 1971.Specially, the Indigenous

people, among others, have all been deprived of constitutional

and other legal rights in Bangladesh. The important reason for

7

violation of the Indigenous people rights is the absence of

awareness and knowledge about their rights. In this research,

case study proves that the Indigenous people are nor aware of

their human rights. It is the duty of the govt. to take effective

steps to protect human rights of indigenous people and to take

steps to promote their knowledge/ awareness about their

rights. The days are ahead when the people in general and the

Indigenous people would be more conscious of their human

rights, as guaranteed in different national and international

legal instruments and will be more organized for the protection

and promotion of their human rights in general and particular.

.

8

HUMAN RIGHT OF INDIGNEOUS PEOPLE:

A CASE STUDY OF TANORE THANA

TABLE OF CONTENTS

ACKNOWLEDGEMENT ……………………………………………………...

ABSTRCT ………………………………………………………………………

TABLE OF CONTENTS ……………………………………………………….

Chapter One: Introduction …………………………………………………….

1.1. Introduction …………………………………………………………..

1.2. Definition of Human right ……………………………………………

1.3. Fundamental right …………………………………………………….

1.4. Distinction between Human right and fundamental

right …………….

1.5. Indigenous people …………………………………………………….

1.6. Statements of Problems ……………………………………………….

1.7. Methodology of the study …………………………………………….

1.8. Objectives of the study ………………………………………………..

1.9. Review of literature …………………………………………………...

1.10. Utility of the study …………………………………………………..

1.11.Conclusion …………………………………………………………...

Chapter Two: Who are Indigenous people in Bangladesh

…………………...

9

2.1. Introduction ………………………………………………………….

2.2. Position of indigenous people in Bangladesh

………………………..

2.2.1. Introduction ………………………………………………………..

2.2.2. present position ……………………………………………………

2.2.3. Financial position ………………………………………………….

2.2.4. Position of girl and women ………………………………………..

2.2.5. Position of aboriginal family

…………………………………….

3. Chapter Three: Constitutional provision in Bangladesh

for Indigenous people

3.1. Provision of constitution ……………………………………………

3.2. Position of aboriginal under UDHR

………………………………

3.2.1. Introduction ………………………………………………………

3.2.2. Provision of UDHR ……………………………………………...

4. Chapter Four: International Instruments for the

Protection of Indigenous Peoples’ Human Rights

………………………………………………………

4.1. International Instruments for the Protection of

Indigenous Peoples’ Human Rights

…………………………………………………………

4.2. Terms Commonly Used when Speaking about

Indigenous Peoples' Human Rights

………………………………………………………….

10

4.3. Proposed American Declaration on the Human

Rights of Indigenous Peoples

…………………………………………………………………

5. Chapter Five- Human Right of indigenous people : A

Case study of tanore thana (Santhals)

………………………………………………………………

5.1. Human Right of indigenous people : A Case study of

tanore thana (Santhals)

6. Chapter Six: Recommendation …………………………………………

6.1. Recommendation ………………………………………………..

7. Conclusion ……………………………………………………………….

61. Conclusion ………………………………………………………

7.2. Bibliography……………………………………………………

CHAPTER ONE

Introduction

1.1. Introduction

11

Right

Right means a claim of some interest adverse by an

individual or a group of individuals which is essential

for his development in the society.

Kinds of rights

1. Moral rights and

2. Legal rights

1. Moral rights are those right which have there basis on

the rule of natural justice and the violation of which

result in moral wrong.

2. Legal rights are those rights which are recognized by

positive law of a country and can be claimed on legal

basis and the violation of which result.

1.2. Definition of Human right

Generally Human rights means those legal and moral rights

which can be claimed by any person for the very reason

that he is a human being these right come with the birth

and applicable to all people through out the world

irrespective of their race, color, sex, language or

political or other opinion.

Two characteristic

1. In alienable and

2. Universal application

The human rights are universal indivisible,

interdependent and interrelated. Human right are ,

therefore , nothing but birth rights which are associated

with the very birth of mankind, for these.

12

A sort History of Human right

The Quran (Koran), the Hindu Vedas, the Babylonian code

of Hammurabi, the Bible are the oldest written source

which address questions of people’s duties, rights and

responsibilities.

In addition, the Inca and Aztec codes of conduct and

justice and an Iroquois constitution were Native American

sources that existed well before the 18th century. In fact

all societies, whether in oral or written tradition, have

had system of propriety and justice as well as ways of

tending to the health and welfare of their members.

Human rights instrument before the birth of UN

Before the birth of United Nation, we find national and

regional arrangements for the protection of human rights

such as

Magna Charta 1215,

The Petition of Rights 1628

The Bill of Rights 1689

Act of Settlement 1702

The Virginia Bill of Right 1776

American Declaration of Independence 1776

French Declaration of Rights of man and citizen 1789 and

American Bill of Rights 1791

These were important national instruments, which dealt

with some human rights and fundamental freedoms

applicable to the people of the concerned states, and it

is evident that these instruments were mostly concerned

13

with civil and political rights. In fact , “The civil and

political rights are primarily associated with the

English, American and French bourgeois revolution of the

17th and 18th century. On the other hand, economic, social

and cultural rights find its origins primarily in the

socialist and Marxist revolution of the early 20th

century”. However, On analysis we find in the above

instruments two concepts regarding human rights and

fundamental freedoms- (1) inalienability and (2) rule of

law.

Second World War and Birth of United Nation

After second World War the UN Charter was adopted at sun

Francisco conference on 26 June 1945 by the

representative of 50 states. The UN Charter is the First

international instrument which deals with the protection

of human rights and fundamental freedoms.

1.3. Fundamental right

When certain human right are written down in a

constitution and are protected by constitutional

guarantees they are called fundamental right in the sense

that they are placed in the supreme of fundamental law of

the land which has supreme sanctity over all other law of

the land .

Fundamental right in Bangladesh

Fundamental right granted to all person and citizen and

non-citizen these are six enumerated in articles

32,33,34,35,41 and 44.

14

Fundamental right granted to citizen of Bangladesh only

these are 12 enumerated in articles

27,28,29,30,31,36,37,38,39,40,42 and 43.

Article 27 Equality before law

Article 28 Non-discrimination on the ground of race,

religion, sex, color, place of birth etc.

Article 29 Equality of opportunity in public employment .

Article 30 Prohibition of foreign titles etc.

Article 31 Right to protection of law.

Article 32 Right to life and personal liberty.

Article 33 Safeguard as to arrest and detention.

Article 34 Prohibition of forced labor.

Article 35 Protection in respect of trial and punishment,

Article 36 Freedom of movement.

Article 37 Freedom of assembly.

Article 38 Freedom of association.

Article 39 freedom of thought conscience and of speech.

Article 40 Freedom of profession and occupation.

Article 41 Freedom of religion.

Article 42 Right to property.

Article 43 Right in respect of home and correspondence.

Article 44 Enforcement of fundamental rights.

1.4. Distinction between Human right and fundamental

right

1. All fundamental rights are human right but all human

right are not fundamental right. Fundamental right are

those human right which are placed in written

15

constitution . Human right therefore are the whole of

which fundamental are a part.

2. The source of fundamental right is the constitution

whereas the source of human right is international law

but fundamental right is constitution.

3. Fundamental rights have territorial limitation on the

other hand human right have no territorial limitation.

4. Fundamental right are protected by constitutional

guarantees and can be enforced through the state court

but there is no such effective machinery for human

right .

5. Fundamental right are largely applicable to the

citizens while human right are universal applicable to

all human being.

1.5. Indigenous people

Indigenous people were the first people who lived in our

country. They lived in our country for centuries after

centuries. They were the actual land owner in our

country, but the present situation is opposite that they

are landless and being the backward section of people in

our country, they are deprived of their basic Human

right, especially their land rights, in fact, the maximum

Indigenous people are living below the poverty line and

so they live from hand to mouth. As they are nor aware of

their rights, they face a lots of problems in life. The

main problem they face is eviction from their traditional

land possession or they fall in land conflicts of

16

different aspects and variety. So, Indigenous Human

rights should be protected and promoted for the very

existence of their lives.

1.6. Statement of Problems

There are many other articles, which deal with deferent

aspect of rights of Indigenous people in Bangladesh. But

it is a real picture in our society that the Indigenous

people are losing their Human rights day by day for

various reasons. So, it becomes very much necessary to

conduct a comprehensive study-theoretical and field study

on Promotion and Protection of Human Rights of the

Indigenous people in Bangladesh.

1.7. Methodology

To conduct the study systematically it is required to

follow one or more research methods for scientific

investigation. The study will be based on both primary

and secondary sources. Primary source is direct interview

with the Indigenous people and secondary data will be

collected on perusal of selected available research

works, textbooks, articles, journals, and newspaper

analysis. Thus, the study will be accomplished with the

adoption of description and observation and survey

method.

1.8. Objective of the study

The following objectives are set for the study:

17

1. To find out the efforts so far taken nationally for

the protection and promotion human rights of

Indigenous people in Bangladesh. and to assess the

success or failure thereof;

2. To find out the human rights of Indigenous people in

Bangladesh;

3. To evaluate the constitutional status of human

rights of Indigenous people in Bangladesh ; and

4. To identify the problems in human rights of

Indigenous people in Bangladesh and to recommended

measures for overcoming those problems.

1.9. Review of Literature

A large number of research works have been conducted on

human rights of Indigenous people issues. So far as I

know, no such research work has been conducted similar to

the present study. But I can analyze those research works

for the present study. There are a lot of native and

foreign books, research works, articles, available on

this topic. Possibly all these are reviewed in this

proposed study.

1.10. Utility of the study

The subject matter of the thesis is an important one

because it is very necessary for every people. It is

expected that the work will be an important and valuable

asset for the further workers in this subject. Moreover,

I do hope that the research will benefit the country for

18

the promotion and protection of human rights of

Indigenous people in Bangladesh.

1.11. Conclusion

For the promotion and protection of Human rights of

Indigenous people in Bangladesh a large number of

legislations have enacted in Bangladesh. There are many

legislations in Bangladesh which, Human rights occupy a

significant place. Bangladesh have signed and ratified

The International Bill of Human right and other

instruments relating to Land rights of Indigenous for

protection of Land rights. Sometime Constitutional right

are violated by the higher status people, sometime by the

govt. or sometime by any other provisions of law and even

by the law enforcing agencies. Torture has been the most

widespread and persistent Constitutional rights violation

in Bangladesh but has been routinely ignored by

successive governments since Bangladesh's independence in

1971

CHAPTER TWO

Who are Indigenous people in Bangladesh2.1. Introduction:

People who inhabited a land before it was conquered by

colonial societies and who consider themselves distinct

from the societies currently governing those territories

are called Indigenous Peoples.

Indigenous people are those people who are live thousand

of year in our country. They are back word people, they

19

live hand to mouth. Maximum are uneducated. Rights not

privileges (save the Indigenous of Bangladesh). Paper for

conference on refugees, migrants and stateless persons:

in search of a national consensus, Dhaka, December 29-30,

1997 Rights not privileges (save the aboriginal of

Bangladesh). Paper for conference on refugees, migrants

and stateless persons: in search of a national consensus,

Dhaka, December 29-30, 1997.1 Indigenous peoples were the

first people to live in Canada. They had many spiritual

beliefs and cultural traditions that have been passed

down from generation to generation. They lived in every

region of the country. In Bangladesh, in case of

agricultural tenancy, the following tribes are called

Indigenous caste:

Santhals, Banais, Bhuiyas, Bhumijies, Dalus, Garos,

Gonds, Hadis, Hajangs, Hos, Kharias, Khawars, Kochs,

(Dhaka Division) Koras, Maghs, (Bakarganj District) Mal,

and Sauria, Pahaias, Maches, Mundes, Mundais, Oraons, and

Turis.

The Government of Bangladesh may form time to time, by

notification, declare that the provisions of this

section, in any district or local area, apply to such of

the flowing Indigenous people castes or tribes as may be

1 Http://repository.forcedmigration.org/show_metadata.jsp?pid=fmo:170221/06/09

20

specified in the notification, and that such castes or

tribes shall be deemed to be Indigenous people for the

purpose of the section, and the publication of such

notification shall be conclusive evidence that the

provision of this section have been duly applied to such

castes or tribes.2

The Canadian Constitution Act, 1982 Recognizes three

main groups of Indigenous peoples in Canada: the First

Nations (once called "Indians"); the Inuit (formerly

known as Eskimos), who were the first Indigenous groups

in Canada; and the Métis, who emerged after the

settlement of Canada.3

2.2. POSITION OF HUMAN RIGHTS INDIGENOUS IN BANGLADESH2.2.1. Introduction

Position of Human rights of Indigenous people in

Bangladesh is not so good because they torture by other

people. They are poor, so they not live standard life;

they face lots of problem day by day.

2.2.2. present position :

It was alleged that some influential persons of Ghoraghat

upazila forcibly grabbed the land of a helpless Adibashi

and also threatened him to evict and leave the area.4

2 Section 97 SAT Act 19503 http://www.canadainternational.gc.ca/bangladesh/about-a_propos/aboriginal autochtones.aspx?lang=eng21/06/094 HAKIMPUR (DINAJPUR), July 4: http://hrcbmdfw.org/blogs/bangladesh/default.aspx21/06/09

21

It was learnt from the complaint that Adibashi Kabiraz

Mumu and Biswanath Mumu own 3 acres and 32 decimals of

land they got as paternal property. Habibur Rahman, a

land grabber of Baldira Para of the same upazila along

with his accomplice Shajahan and some other men forcibly

grabbed the property of the Adibashi.

2.2.3. Financial position:

The financially helpless Adibashi family is not able to

take the shelter of the court against those influential.

The Adibashi submitted a written complaint to the

chairman of local Ghoraghat Union on July 17, 2001

seeking justice and the chairman after scrutinizing the

papers of both sides gave his verdict in support of

Adibashi Kabiraz Mumu. But Kabiraz Mumu could not recover

his land from the influential till date. Rather, the

influential persons are threatening the family of Kabiraz

Mumu to go somewhere else leaving the property and they

are also intimidating them to death. The helpless

Adibashi family expected the interference of the present

caretaker government and human rights organizations in

case of recovering their grabbed property.

2.2.4. Position of girl and women:

An Adibashi adolescent girl of Mithapukur upazila of

Baldipukur area was raped at night on Sunday last. A case

was lodged in this connection. Police arrested three

22

youths. It was learnt according to the source of police

and locals that four youths named Bimal, Sreeeram, Sukra

and Debit of the area raped the Adibashi girl (19) of

village Sahani when she was returning home at 9 pm after

attending the marriage ceremony of her neighbor. After

hearing the screaming of the girl, locals of the area

rushed to the spot and rescued the girl. A case was

lodged with the local police station in this connection.

Police arrested Sriram, Sukra and Debit.5

Two brutes raped an Adibashi adolescent girl, a garments

worker of EPZ of Chittagong district. The Adibashi girl

went to visit the house of one her neighbor at Freeport

area and at that time some wayward boys came to that

house and also intimidated the relatives of that Adibashi

girl and raped her before them. It was learnt that a case

in this connection was lodged with city’s Port police

station. Hill Women’s Federation, an organization of

hilly Adibashis condemned the incident and also demanded

immediate arrest of the perpetrators.6

The relatives of the raped Adibashi girl told that the

girl in the afternoon on Thursday last went to visit the

house of Shaymol Joti Chakma, a neighbor of the girl. At

that time, there were four Adibashi youths named Sumaon,

Babu and two others in the house of that relative. When

5 MITHAPUKUR (RANGPUR), July 11 ibit6 CHITTAGONG, July 22: ibit21/06/09

23

they were gossiping inside the house, the guard of the

house Alamgir locked their room from outside.

The guard at that time called some local wayward boys

named Rubel, Farook, Mansur and others. They at first

broke open the door and then entered house and then they

told others to leave the room except the Adibashi girl.

But when the Adibashi youths refused to leave the room,

the terrorists gave Sumon and Babu a good beating. At one

stage they closed the door and then snapped naked

pictures of Sumon and the Adibashgi girl. Later the

terrorists confined them till 5 pm and then two

terrorists raped the Adibashi girl.

When they went to the police station after a day of the

incident to lodge a case, police didn’t take the case at

that time and told them to contact police the later day.

They told that police took the case on Friday. Police so

far could not arrest any of the rapists.7

The incident took place on July 19, 2007. I, Supta

Chakma, daughter of Anil Kumar Chakma went to the house

of my cousin Sumon Chakma on July 13, 2007. I along with

Sumon Chakma, son of Ramchandra Chakma and Babu Chakma

went to EPZ on July 19, 2007 in search of a job for me.

There we met Shaymal Chakma inside a road of EPZ. Sumon

Chakma knew Shaymal Chakma. Later we went to visit

Shaymal’s house. While we were staying in Shaymal’s room7 Statement of raped victim- Ms. Shupta Chakma of Rangamati District -CHT before Metropolitan Judge, Chittagong on 05.08.2007 21/06/09 ibit

24

then Shaymal went to watch TV on the 4th floor. Shaymal

came back to his room just after 45 minutes and then the

accused Rubel (25), son of Md. Nasir under Bandar P.S.

confined Shaymal and told that Shaymal kept girl in his

room and thus he did unsocial activities and then Rubel

randomly beat him and confined him in his room locking

the door from the outside. Later Rubel along with his

accomplices accused Mansur (25), son of Sabur and Abdul

Khaleque, son of Sahiz Uddin and two others came to my

room and forcibly made me and Shaymal naked and made us

lie down on the *** of Shupta and took snap by a camera

and the accused also touched Shupta’s sensitive organs

and repressed her sexually. Later the accused Rubel and

Mansur tied my leg and raped me one after another

forcefully and demanded taka ten thousand and at one

stage the rapists forcibly took the signatures of myself,

Sumon, Shymol Joti Chakma and Babu Chakma on a non-

judicial stamp and the accused also threatened  Shaymal

to death and their naked pictures would be published if

he doesn’t pay the amount within August 2 and 3 . The

accused after threatening us left the house at about 5:30

pm on July 19, 2007. We informed the locals of the

matter. We also informed some of our relatives of the

matter.8

Illegal land grabbers have been enjoying the possession

of about 41 acres land of two Adibashi families of8 (The Daily Inquilab, 12th August 07) From Our Correspondent ibit

25

Rangchati union under Kalkamanda upazila sine long by

forged papers. Now the real proprietors of these lands

are passing days starving along with their children. The

women of these families are now maintaining their lives

by collecting woods from the hill and selling those woods

in the bazaar. They made a written appeal to the upazila

administration but they didn’t get any result.9

Ranjit Sangma (70) of village Bokroakona told that the

illegal land grabbers of the area took the possession of

about 19.93 acres of land after the death of his sister

Ingrej Sangma. The land grabbers of the same area also

grabbed 20.73 acres of land after the death of Pranita

Sangma and Sheikhji Sangman, mother of Senuka Sangma of

village Vestapur. Suranjan Areng, chairman of Kalkamanda

Upazila Tribal Welfare Association in this connection

told that many meetings were held for this portion of

land but there was no result.10

Adibashi Jagaran Samity, an organization of Adibashi

organized a press conference at Gazipur Press Club on

Monday afternoon on the occasion of International Tribal

Day and the members of the samity placed 10 point demands

in the press conference in case of protecting the

9 KALMAKANDA (NETROKONA), August 17: ibit10 Initiative to build a college on the land given lease in name of atemple of Savar Upazila of Dhaka district, cancellation of lease demanded ibit(The Daily Janakantha, 18th August 07)  From Our Correspondent ibitAdibashi (aboriginal) community demanded implementation of 10 point demands(The Daily Sangbad, 08th August 07)  From Our Correspondent ibit

26

existence and rights of the Adibashi. Pijush Barman in

his written statement told that about 50 thousand

Adibashi of 6 communities live in Gazipur district. At

present some Adibashi communities are facing very

troubles in case of holding their existence. Illegal land

grabbers grabbing their property are pushing the Adibashi

into insecurity. 10 point demands were placed on behalf

of the Adibashi community to protect the rights of

Adibashi. To make law according to 107 ILO convention,

withdrawal of false cases against Adibashi were included

in ten point demands.11

Some dacoits abducted an adolescent girl and a child from

Betchari area under Kaoukhali upazila of Rangamati

district and took them to the deep of jungle. The dacoits

also demanded taka 4 lakh (million) as ransom for the

release of the abducted girl and child. It was learnt

that a group of bandits entered the house of Tapan

Talukdar at the dead of night on Thursday and took away 2

bhoris (a measurement of gold) of gold, 45 thousand taka

and also abducted Tapan Talukdar’s daugher Mitali

Talukdar (18) and son Debashis Talukdar (11). The bandits

demanded taka 4 lakh as ransom for the release of them.

Police and members of the joint force started their drive

to rescue the girl and the child. Joint force arrested a11 Allegation of ostracizing a minority family in Baghmara Upazila ofRajsahi district  GAZIPUR, August 8: ibit(The Daily Janakantha, 11th August 07)  From Our Correspondent ibitA dacoity (robbery) committed in Rangamati district, son and daughterof the householder abducted, ransom demanded ibit

27

man named Sudarshan Chakma (45), a member of JSS on

suspicion on Friday morning from Bagaichari area in

connection with his involvement in this abduction.12

 The Adibashis of Shailmari Kutirbari are at a loss for

the illegal land grabbers. The Adibashis in order to save

them from the hands of the illegal land grabbers

submitted a complaint to UNO on Sunday.13

2.2.5. Position of indigenous people family:

 It was learnt that two Adibashi families had been living

on 3 acrtes of land of Keru and Company of Shailmari

Kutirbari since the period of Brithish Regime. Faizullah,

son of late Wazed Bihari of Darsana Puratan Bazar of

nearby Damurhuda upazila and also Nazrul Islam alias

Tuku, son of late Abu Hossain of Uthali Amtala area in

order to devour the village of the Adibashi have been

repressing and threatening the Adibashis in many ways.

Even they are forcibly cutting down the trees and taking

away the fruits of the Adibashis.14

12  Masterminds of the murder case of Barnali Ghosh of Rampal Upazilaof bagerhat district still out of reach  RANGAMATI, August 11: ibit (The Daily Inquilab, 12th August 07) From Our Correspondent ibitAttempt to devour the village of the Adibashi (aboriginal) of Jibannagar Upazila of Chuadanga district (The Daily Ittefaq, 14th August 07) From Our Correspondent ibit

13 JIBANNAGAR (CHUADANGA), August 14: ibit14 41 acres land of two Adibashi (aboriginal) families of Kalmakanda Upazila of Netrokona district under the possession of illegal land grabbers ibit(The Daily Sangbad, 17th August 07) From Our Correspondent ibitThe Daily Janakantha, 11th August 07) From Our Correspondent ibit

28

Illegal land grabbers have been enjoying the possession

of about 41 acres land of two Adibashi families of

Rangchati union under Kalkamanda upazila sine long by

forged papers. Now the real proprietors of these lands

are passing days starving along with their children. The

women of these families are now maintaining their lives

by collecting woods from the hill and selling those woods

in the bazaar. They made a written appeal to the upazila

administration but they didn’t get any result.15

Ranjit Sangma (70) of village Bokroakona told that the

illegal land grabbers of the area took the possession of

about 19.93 acres of land after the death of his sister

Ingrej Sangma. The land grabbers of the same area also

grabbed 20.73 acres of land after the death of Pranita

Sangma and Sheikhji Sangman, mother of Senuka Sangma of

village Vestapur. Suranjan Areng, chairman of Kalkamanda

Upazila Tribal Welfare Association in this connection

told that many meetings were held for this portion of

land but there was no result.16

15 KALMAKANDA (NETROKONA), August 17: ibit16 http://hrcbmdfw.org/blogs/bangladesh/default.aspx21/06/09

29

CHAPTER THREE:

Constitutional provision in Bangladesh for

Indigenous People

3.1. Provisions of constitution are:

Under Article 13, 14, 27,28,29,31,32,42,47 of Bangladesh

constitution declare the provision of aboriginal of

Bangladesh.

THE PEOPLE shall own or control the instruments and means

of production and distribution and with this end in view

ownership shall assume the following forms---

30

(a) state ownership that is ownership by the state on

behalf of the people through the creation of an

efficient and dynamic nationalized public sector

embracing the key sector of the economy ;

(b) Co-operative ownership ,that is ownership by co-

operatives on behalf of their members within such

limits as may be prescribed by law ; and

(c) Private ownership, that is ownership by individual

within such limits as may be

Prescribed by law.17

It shall be a fundamental responsibility of the state to

emancipate the toiling masses—the peasants and workers –

and backward sections of the people from all forms of

exploitation. 18

Equality before law – All citizens are equal before law

and are entitled to equal protection of law.19

Discrimination on grounds of religion --- (1) The state

shall not discriminate against any citizen on grounds

only of religion ,race, caste, sex or place of birth.

(2) Woman shall have equal rights of men in all spheres

of the state and of public life.

(3) no citizen shall ,on grounds only of religion ,race,

sex oe place of birth be subjected to any disability,

liability, restriction or condition with regard to access

17 Art 13, ? the constitution of the people of Bangladesh. as modified up to 31 may 200118 Art 14—ibid19 Art 27— ibid

31

to any place of public entertainment or resort or

admission to any educational institution.

(4) Nothing in this article shall prevent the state from

making special provision in favour of women or children

or for the advancement of any backward section of

citizens.20

Equality of opportunity in public employment ----(1)

there shall be equality of opportunity for all citizens

in respect of employment or office in the service of the

Republic.

(2) No citizen shall, on grounds only of religion,

race, sex, or place of birth, be ineligible for, or

discriminated against in respect of, any employment or

office in the service of the Republic.

(3) Nothing in this article shall prevent the state

from –

(a) making special provision in favour of any backward

section of citizens for the purpose of securing their

adequate representation in the service of the Republic

(b)giving effect to any law which makes provision for

reserving appointments relating to any religious or

denominational institution to persons of that religion

or denomination;

(c) reserving for members of one sex any class of

employment or office on the ground that it is

20 Art 28— Idid

32

considered by its nature to be unsuited to members of

the opposite sex.21

Right to protection of law.- To enjoy the protection of

the law, and to be treated in accordance with law, and

only in accordance with law, is the inalienable right

of every citizen, wherever he may be, and of every

other person for the time being within Bangladesh, and

in particular no action detrimental to the life,

liberty, body, reputation or property of any person

shall be taken except in accordance with law.22

Protection of right to life and personal liberty. No

person shall be deprived of life or personal liberty save

in accordance with law.23

Rights to property. (1) Subject to any restrictions

imposed by law, every citizen shall have the right to

acquire, hold, transfer or otherwise dispose of property,

and no property shall be compulsorily acquired,

nationalized or requisitioned save by authority of law. 20[(2) A law made under clause (1) shall provide for the

acquisition, nationalisation or requisition with

compensation and shall either fix the amount of

compensation or specify the principles on which, and the

manner in which, the compensation is to be assessed and

paid; but no such law shall be called in question in any

21 Art 29— Ibid22 Art 31-- Ibid

23 Art 32- Ibid

33

court on the ground that any provision in respect of such

compensation is not adequate.

(3) Nothing in this article shall affect the operation

of any law made before the commencement of the

Proclamations (Amendment) Order, 1977 (Proclamations

Order No. I of 1977), in so far as it relates to the

acquisition, nationalization or acquisition of any

property without compensation.]24

Saving for certain laws. (1) No law providing for any of

the following matters shall be deemed to be void on the

ground that it is inconsistent with, or takes away or

abridge, any of the rights guaranteed by this Part-

a. the compulsory acquisition, nationalization or

requisition of any property, or the control or

management thereof whether temporarily or

permanently;

b. the compulsory amalgamation of bodies carrying on

commercial or other undertakings;

c. the extinction, modification, restriction or

regulation of rights of directors, managers, agents

and officers of any such bodies, or of the voting

rights of persons owning shares or stock (in

whatever form) therein;

24 Art 42 Ibid

34

d. the extinction, modification, restriction or

regulation of rights of search for or win minerals

or mineral oil;

e. the carrying on by the Government or by a

corporation owned, controlled or managed by the

Government, of any trade, business, industry or

service to the exclusion, complete or partial, or

other persons; or

f. the extinction, modification, restriction or

regulation of any right to property, any right in

respect of a profession, occupation, trade or

business or the rights of employers or employees in

any statutory public authority or in any commercial

or industrial undertaking; 25

if Parliament in such law (including, in the case of

existing law, by amendment) expressly declares that such

provision is made to give effect to any of the

fundamental principles of state policy set out in Part II

of this Constitution.

(2) Notwithstanding anything contained in this

Constitution the laws specified in the First Schedule

(including any amendment of any such law) shall continue

to have full force and effect, and no provision of any

such law, nor anything done or omitted to be done under

the authority of such law, shall be deemed void or

unlawful on the ground of inconsistency with, or25 Art 47- Ibid

35

repugnance to, any provision of this Constitution;24[Provided that nothing in this article shall prevent

amendment, modification or repeal of any such law.] 25[(3) Notwithstanding anything contained in this

Constitution, no law nor any provision thereof

providing for detention, prosecution or punishment of

any person, who is a member of any armed or defence or

auxiliary forces or who is a prisoner of war, for

genocide, crimes against humanity or war crimes and

other crimes under international law shall be deemed

void or unlawful, or ever to have become void or

unlawful, on the ground that such law or provision of

any such law is inconsistent with, or repugnant to any

of the provisions of this Constitution.]26

3.2. POSITION OF INDIGENOUS PEOPLE UNDER UDHR

3.2.1. Introduction:

The author analyzes the remedies and avenues for redress

available in international law and organizations for

human rights violations against indigenous peoples. He

also examines specific provisions in the Charter of the

United Nations relating to the domestic jurisdiction rule

and argues that most states could not successfully invoke

this rule because, as parties to international

agreements, they have consented to the competence of

26 the constitution of the people of Bangladesh. as modified up to 31 may 2001

36

others to discuss state performance in areas covered by

the agreements. 27

3.2.2. POSITION OF UDHR

The author also examines the principle of the right to

self-determination and puts forth five possible meanings

and potential beneficiaries. He concludes that most

indigenous peoples are excluded from the exercise of

external self-determination partly because of the

territorial and sovereignty arguments advanced by

metropolitan states. He asserts, however, that this does

not mean that internal self-determination does not

apply.28

This is a special issue devoted to the Study of the

Problem of Discrimination Against Indigenous Populations

conducted by the Sub-Commission on Prevention of

Discrimination and Protection of Minorities. The

questionnaire submitted to the member nations as part of

the study, the response of the United States to the

questionnaire, and some preliminary comments directed to

the United States' response by the American Indian Law

Centre are reprinted.

27 Alfredsson, Gudmundur. "International Law, International Organizations and Indigenous Peoples." (1982), 36 Journal of International Affairs 113 http://www.ciesin.org/docs/010-284/010-284annot.html crimination on relief operation in the Cyclone hitarea in Bagerhat published in Jai Jai Din which depicts that Hindu minorities are discriminated and not received relief for 16 days28 American Indian Law Centre. "Special Issue." (1974), 7 American Indian Law Newsletter 11. - ibit

37

The United States government is criticized for not

submitting an accurate picture of the situation of

American Indians, particularly with regard to the process

of federal recognition of an Indian tribe. Critics of the

United States' response put forth three basic policy

problems which should have been addressed: 29

The author views the international legal status of Indian

peoples of Saskatchewan from three political perspectives

- that of a people, that of an indigenous group, and that

of a minority - and discusses the rights that inure in

each of those categories. She asserts that Indians of

Saskatchewan have three fundamental rights in

international law - a right to a physical existence, a

right to self-determination and a right to use their own

natural resources - and discusses the sources of these

rights. The author also states that the Indian people of

Saskatchewan have a claim to statehood under the criteria

in article 1 of the Montevideo Convention of 1933: a

permanent population, a defined territory, a government,

and the capacity to enter into relations with other

states. The author also considers arguments which deny

that treaties between Indians and Canada are agreements

29(1) problem of federal recognition of Indian tribes; - ibit2) the potential of the 1968 Indian Civil Rights Act for removing essential membership and voting questions from tribal control; and - ibit(3) the federal policy goal of enforced expatriation. - ibitAnderson, Ellen. "The Saskatchewan Indians and Canada's New Constitution." (1982), 36 Journal of International Affairs 125. - ibit

38

in the international law sense. In turn the author

discusses the incorrectness of these 30

He discusses the early development of the right to self-

determination during the League of Nations era. An

analysis of international case law reveals that

indigenous peoples have been denied a separate

international personality and rights as original

proprietors to their lands. The author notes that there

are two biases that have most significantly impeded self-

determination for indigenous peoples: (1) the "Blue

Water" thesis which defines as colonies only those non-

self-governing territories separated geographically from

the administering state, and (2) the presumption that in

encircled territories all indigenous peoples will

inevitably assimilate into "modern society". 31

As agent for the Grand Council of the Mikmaq Nation, he

discusses their communication to the United Nations Human

Rights Committee under the Optional Protocol which claims

that administering states must show how and when they

lawfully annexed or assumed control over a group. If no

lawful incorporation can be shown, it is to be assumed

that the group is a separate people that has yet to

30 Barsh, Russel L. "Indigenous North America and Contemporary International Law." (1983), 62 Oregon Law Review 73. – ibit30 The author traces early attempts to form an international consensus on the status of indigenous peoples at the 1884-1885 BerlinAfrica Conference and the 1889-1890 Brussels Conference - ibit31

39

exercise its right of self-d etermination.arguments based

upon international treaty law principles.

The author takes the view that Australia cannot avoid

criticism by the United Nations of its aboriginal

policies on the grounds that such matters are only

domestic concerns. The author states that Australia's

mineral boom will inevitably attract international media

attention to the issue of aboriginal rights. The author

concludes that Australia must improve its human rights

record if it wants to improve its links with third world

countries.32

. Concluding that indigenous peoples have in the past few

years lost their cases in municipal courts, Bennett looks

to recent developments in international law. Encouraged

by the decision in the Western Sahara case, Bennett looks

for positive results if the doctrine of that case is

adhered to or expanded. The UN contribution is analyzed

and the author points out the many weaknesses of the

Human Rights Covenants in application to indigenous

peoples. The ILO Convention is analyzed briefly and

praised as a good basis for human rights although it

fails in enforcement and application mechanisms. Human

rights of indigenous people are becoming increasingly

threatened and the author calls on international and

32 Suter, Keith D. "Respecting Indigenous people Rights: New Incentives." (December 1981), - IBITBennett, Gordon. "The Developing Law of Indigenous people Rights." (1979), 22 I.C.J. The Review 37. - ibit

40

regional human rights organizations to pick up where the

ILO and international case law have left off.33

The issue of jurisdictional competence for issues covered

by the ILO Convention on Indigenous and Tribal

Populations of 1957 is discussed along with a brief

analysis of the text of the Convention34. Each of the

three arguments which make up the attack against the ILO

Convention is dealt with. In response to the criticism

that the ILO constitution does not give it the mandate

for the Convention, the author concludes that the issue

of indigenous and tribal populations is one which needs

to be dealt with comprehensively in an all-encompassing

document like the Convention of 1957. To the argument

that the ILO Convention encroaches upon domestic

jurisdiction, the author responds that none of the

countries involved in drafting the convention raised the

issue. Also section 28 of the Convention provides for a

liberal application, taking into account the

characteristics of each country. With regard to the

objection that the ILO is competing with the jurisdiction

of other international specialized agencies the author

cites widespread agreement and recognition of the need

33 The author analyzes briefly three important cases dealing with aboriginal rights. The 1971 case of Milirrpum v.Nabalco in Australia,the Calder (1973) case in Canada and Tito v. Waddell (1977) in Britian - ibit 34 Bennett, Gordon. "The I.L.O. Convention on Indigenous and Tribal Populations - The Resolution of a Problem of Vires." (1972-1973), 46 British Yearbook of International Law 382. - ibit

41

for a single instrument covering all aspects of the

problems of indigenous populations.35

The author notes the recent interest being given in

international circles to the concept of aboriginal

rights. Thus he seeks to analyze the American approach to

indigenous rights as a resource for further research in

an international and comparative study. Several important

American cases dealing with indigenous issues are

surveyed and special attention is given to the

jurisprudence developed in this area by the Marshall

court.

A good introductory essay on aspects of public

international law that relate to indigenous peoples. The

essay considers the UN instruments on human rights, the

ILO Convention 107 and the Inter-American system. Recent

activities in the development of standards concerning the

rights of indigenous peoples are mentioned. The author

puts forth several areas of concern which could form the

basis for standard setting. Amongst these are the right

to self-determination. The author examines existing

international instruments on the right to self-

determination. She claims that none of these instruments

gives direction on who are "peoples" entitled to the

35Berman, H.R. "The Concept of Aboriginal Rights in the Early Legal History of the United States." (1978), 27 Buffalo Law Review 637. - ibit

42

right to self-determination and whether it applies solely

to external situations.36

The author discusses the Helsinki Final Act and concludes

that it provides an important re-interpretation of the

right to self-determination. The author suggests that

this right applies internally, although this

interpretation is not accepted universally.

The author discusses the historical roots of aboriginal

rights in international law beginning with the work of

the Spanish theologian, Francisco de Vitoria. She

discusses the relationship of protection and concludes

that Indian nations did not lose their sovereignty when

they sought protection under the British Crown. Specific

mention is made of article 1 of the Montevideo Convention

of 1933 and of the ways in which some indigenous peoples

qualify as sovereign independent states.37

The author discusses various international doctrines

advanced to legitimize European acquisition of Indian

36 Davies, Maureen. "Aboriginal Rights in International Law: Human Rights." In indigenous Peoples and the Law: Indian, Metis and Inuit Rights in Canada, p.745. Edited by Bradford W. Morse. Ottawa: Carleton University Press, 1985. -ibit37 Davies, Maureen. "Aspects of indigenous Rights in International Law." In indigenous Peoples and the Law: Indian, Metis and Inuit Rights in Canada, p.l6. Edited by Bradford W. Morse. Ottawa: CarletonUniversity Press, 1985. - ibitGreen, Leslie C. " indigenous Peoples, International Law and the Canadian Charter of Rights and Freedoms." (1983), 61 Canadian Bar Review 339. - ibitGreen, Leslie C. " indigenous Rights or Vested Rights?" (1974), 22 Chitty's Law Journal 219. - ibitGreen, Leslie C. "Human Rights and Canada's Indians." (1971), 1 Israel Yearbook on Human Rights 156. - ibit

43

lands. She concludes that an incorrect interpretation and

application of these doctrines by the European powers and

their courts had resulted in inadequate protection of

indigenous rights in international law. The author

provides a cursory analysis of international judicial

decisions and concludes that, since European powers

control the direction of this law, it is not surprising

that aboriginal peoples have not.

In the author's view of international law " indigenous

peoples" have in effect no recognized status. They enjoy

special status as "communities" and enjoy all the basic

rights and fundamental freedoms of Canadian citizens. The

vulnerability of what appear to be "special status"

rights enjoyed by native people in Canada is shown by

listing examples of how international agreements to which

Canada is a party may override rights enshrined in the

Charter. In forming his conclusions, the author does not

take into account the recently developing international

law in the area of aboriginal rights.

The author argues that the term "aboriginal rights" has

never been used in international law or domestic Canadian

law as a term of art. Rather the term "vested rights" has

been used in both the domestic and international

jurisdictions and is a recognized principle. The author

encourages natives to argue on the basis of vested

rights, even though they can be abrogated or abridged by

the Crown in any way it chooses.

44

Treaty Indians cannot enforce their treaties in the

international sense. Non-treaty Indians are virtually

unprotected. The author provides good analysis of

American-Indian case law.38 Examination of the

international covenants on human rights is also included,

with some discussion as to how they may apply to the

Canadian Indian. The author's conclusions are limited as

the paper was written prior to the Supreme Court of

Canada's decision .

The author briefly summarizes international human rights

principles and processes and Australia's ratification of

human rights conventions. Since the Commonwealth

government and the state governments can never agree on

matters relating to aborigines, the author examines two

recent decisions of the High Court of Australia, which

provide a way for the Commonwealth government to exert

jurisdiction under the external-affairs power of its

Constitution. The author concludes, on the basis of these

two cases, that Australian ratification of international

treaties provides a basis for Commonwealth legislative

power over a subject which might otherwise be under the

jurisdiction of state government. At this point, these

decisions will have a limited impact on aboriginal issues

since there are no international agreements on aboriginal

issues, such as land rights or self-determination.

38 The author analyzes the "aboriginal" or "Indian" title of Canada's natives and concludes that the Royal Proclamation of 1763 merely conferred rights. - ibit

45

However, the author states this may soon change in light

of recent developments in international law39

A reprint of the 1919 edition which was written by the

author in response to a request to "undertake the task of

collecting, arranging, and, so far as he may deem

necessary, editing, the authorities and documents

relating to the subject of 'aborigines in the law and

practice of Nations'." This book served as the basis for

the United States' position at the Versailles conference.

Includes a new forward by Andrew Freeman.40

39Nettheim, Garth. "The Relevance of International Law." In Aboriginesand The Law, p.50. Edited by Peter Hanks and Bryan Keon-Cohen. Sydney: George Allen and Unwin, 1984. - ibit 40 http://www.ciesin.org/docs/010-284/010-284annot.htmlcrimination on relief operation in the Cyclone hit area in Bagerhat published in Jai Jai Din which depicts that Hindu minorities are discriminated and not received relief for 16 daysSnow, A.H. The Question of Aborigines in the Law and Practice of Nations. Northbrook, Ill.: Metro Books, 1972. - ibit

46

CHAPTER FOUR:

4.1. International Instruments for the Protection

of Indigenous Peoples’ Human Rights

International legal instruments take the form of a treaty

(also called agreement, convention, covenant, protocol),

which may be binding, on the Contracting States. When

negotiations are completed, the text of a treaty is

established as authentic and definitive and is “signed”

to that effect by the representatives of states. There

are various means by which a state expresses its consent

to be bound by a treaty. The most common are ratification

or accession. A new treaty is “ratified” by those states

that have negotiated the instrument. A state, which has

not participated in the negotiations, may, at a later

stage, “accede” to the treaty. The treaty enters into

force when a pre-determined number of states have

ratified or acceded to the treaty.

When a state ratifies or accedes to a treaty, that state

may make reservations to one or more articles of the

47

treaty, unless reservations are prohibited by the treaty.

Reservations may normally be withdrawn at any time. In

some countries, international treaties take precedence

over national law; in others, a specific law may be

required to give an international treaty, although

ratified or acceded to, the force of a national law.

Practically all states that have ratified or acceded to

an international treaty must issue decrees, amend

existing laws or introduce new legislation in order for

the treaty to be fully effective on the national

territory.

Not all international instruments are legally binding

treaties. For example, some of the most important human

rights instruments are declarations. A declaration does

not have any legal power to enforce compliance, but rely

purely on the moral weight it carries.

Indigenous Peoples' rights overlap with many other human

rights. Many important Indigenous Peoples' rights are not

framed in specific Indigenous Peoples' rights treaties,

but are part of more general treaties, like the Universal

Declaration of Human Rights or the Convention on the

Prevention and Punishment of the Crime of Genocide

48

4.2. Terms Commonly Used when Speaking about

Indigenous Peoples' Human Rights

Rapporteur: An expert entrusted by the UN with a special

human rights mandate, acting in his or her personal

capacity.

Colonization: An act of colonizing, meaning to establish a

body of people living in a new territory but retaining

ties with the parent state.

Self-determination: The right of a cohesive national group

(“peoples”) living in a territory to choose for

themselves a form of political and legal organization for

that territory.

Collective: Denoting a number of persons or things

considered as one group or whole.

Group: A number of individuals assembled together or

having some unifying relationship.

Treaty: A contract in writing between two or more political

authorities (as states or sovereigns) formally signed by

representatives duly authorized and usually ratified by

the lawmaking authority of the state.

Signed: To write one’s [country’s] name as a token of

assent, responsibility or obligation.

Ratify: Ratification defines the international act whereby

a state indicates its consent to be bound to a treaty if

the parties intended to show their consent by such an

49

act. The institution of ratification grants states the

necessary time-frame to seek the required approval for

the treaty on the domestic level and to enact the

necessary legislation to give domestic effect to that

treaty.

Enter into force: When it enters into force, a treaty is

legally binding on all parties that have ratified the

treaty. A treaty usually goes into effect when a certain

number of member states have ratified it.

Accede: "Accession" is the act whereby a state accepts the

offer or the opportunity to become a party to a treaty

already negotiated and signed by other states. It has the

same legal effect as ratification. Accession usually

occurs after the treaty has entered into force.

Reservations: When a state makes a reservation to a treaty,

it means that the state considers itself bound to the

treaty, except for those provisions to which it makes the

reservation. A reservation enables a state to accept a

multilateral treaty as a whole by giving it the

possibility not to apply certain provisions with which it

does not want to comply. Reservations must not be

incompatible with the object and the purpose of the

treaty. Furthermore, a treaty might prohibit reservations

or only allow for certain reservations to be made.

General Assembly: The General Assembly is the main

deliberative organ of the United Nations. It is composed

50

of representatives of all Member States, each of which

has one vote. The General Assembly passes resolutions on

important issues concerning everything from outer space

to disarmament.

International Decade: An International Decade is a ten-year

period in which the UN focuses on a specific topic (for

example: Indigenous Peoples) and tries to fulfill

important goals regarding that topic.

Covenant: A usually formal, solemn, and binding agreement.

It is similar to a treaty.

Operational directive: World Bank Operational Directives

contain a mixture of policies, procedures, and guidance

on how the Bank deals with specific topics.

World bank: The World Bank is a development assistance

bank. It provides strategies and loans to developing

countries to help them “improve living standards and

eliminate the worst forms of poverty.”

4.3. Proposed American Declaration on the Human

Rights of Indigenous Peoples

1. Indigenous institutions and the strengthening of

nations 

The member states of the OAS (hereafter the states), 

51

Recalling that the indigenous peoples of the Americas

constitute an organized, distinctive and integral segment

of their population and are entitled to be part of the

national identities of the countries of the Americas, and

have a special role to play in strengthening the

institutions of the state and in establishing national

unity based on democratic principles; and, 

Further recalling that some of the democratic

institutions and concepts embodied in the constitutions of

American states originate from institutions of the

indigenous peoples, and that in many instances their

present participatory systems for decision-making and for

authority contribute to improving democracies in the

Americas. 

Recalling the need to develop their national

juridical systems to consolidate the pluricultural nature

of our societies. 

2. Eradication of poverty and the right to

development 

Concerned about the frequent deprivation afflicting

indigenous peoples of their human rights and fundamental

freedoms; within and outside their communities, as well as

the dispossession of their lands, territories and

resources, thus preventing them from exercising, in

particular, their right to development in accordance with

their own traditions, needs and interests. 

52

Recognizing the severe impoverishment afflicting

indigenous peoples in several regions of the Hemisphere

and that their living conditions are generally

deplorable. 

And recalling that in the Declaration of Principles

issued by the Summit of the Americas in December 1994, the

heads of state and governments declared that in observance

of the International Decade of the World's Indigenous

People, they will focus their energies on improving the

exercise of democratic rights and the access to social

services by indigenous peoples and their communities.

3. Indigenous culture and ecology 

Recognizing the respect for the environment accorded

by the cultures of indigenous peoples of the Americas, and

considering the special relationship between the

indigenous peoples and the environment, lands, resources

and territories on which they live and their natural

resources. 

4. Harmonious relations, respect and the absence of

discrimination 

Reaffirming the responsibility of all states and

peoples of the Americas to end racism and racial

discrimination, with a view to establishing harmonious

relations and respect among all peoples. 

5. Territories and indigenous survival 

53

Recognizing that in many indigenous cultures,

traditional collective systems for control and use of

land, territory and resources, including bodies of water

and coastal areas, are a necessary condition for their

survival, social organization, development and their

individual and collective well-being; and that the form of

such control and ownership is varied and distinctive and

does not necessarily coincide with the systems protected

by the domestic laws of the states in which they live.  

6. Security and indigenous areas 

Reaffirming that the armed forces in indigenous areas

shall restrict themselves to the performance of their

functions and shall not be the cause of abuses or

violations of the rights of indigenous peoples.  

7. Human rights instruments and other advances in

international law 

Recognizing the patrimony and applicability to the

states and peoples of the Americas of the American

Declaration of the Rights and Duties of Man, the American

Convention on Human Rights and other human rights

instruments of inter-American and international law; and 

Recognizing that indigenous peoples are a subject of

international law, and mindful of the progress achieved by

the states and indigenous organizations, especially in the

sphere of the United Nations and the International Labor

54

Organization, in several international instruments,

particularly in the ILO Convention 169.  

Affirming the principle of the universality and

indivisibility of human rights, and the application of

international human rights to all individuals.

8. Enjoyment of Collective Rights 

Recalling the international recognition of rights

that can only be enjoyed when exercised collectively. 

9. Advances in the provisions of national

instruments 

Noting the constitutional, legislative and

jurisprudential advances achieved in the Americas in

guaranteeing the rights and institutions of indigenous

peoples, 

DECLARE: SECTION ONE. INDIGENOUS PEOPLES 

Article I. Scope and definitions 

1. This Declaration applies to indigenous peoples

as well as peoples whose social, cultural and economic

conditions distinguish them from other sections of the

national community, and whose status is regulated wholly

or partially by their own customs or traditions or by

special laws or regulations. 

2. Self identification as indigenous shall be

regarded as a fundamental criterion for determining the

55

peoples to which the provisions of this Declaration

apply.

3. The use of the term "peoples" in this Instrument

shall not be construed as having any implication with

respect to any other rights that might be attached to that

term in international law. 

SECTION TWO. HUMAN RIGHTS 

Article II. Full observance of human rights 

1. Indigenous peoples have the right to the full

and effective enjoyment of the human rights and

fundamental freedoms recognized in the Charter of the OAS,

the American Declaration of the Rights and Duties of Man,

the American Convention on Human Rights, and other

international human rights law; and nothing in this

Declaration shall be construed as in any way limiting or

denying those rights or authorizing any action not in

accordance with the instruments of international law

including human rights law. 

2. Indigenous peoples have the collective rights

that are indispensable to the enjoyment of the individual

human rights of their members. Accordingly the states

recognize inter alia the right of the indigenous peoples to

collective action, to their cultures, to profess and

practice their spiritual beliefs, and to use their

languages. 

56

3. The states shall ensure for indigenous peoples

the full exercise of all rights, and shall adopt in

accordance with their constitutional processes such

legislative or other measures as may be necessary to give

effect to the rights recognized in this Declaration. 

 Article III. Right to belong to indigenous peoples 

Indigenous peoples and communities have the right to

belong to indigenous peoples, in accordance with the

traditions and customs of the peoples or nation concerned.

Article IV. Legal status of communities 

Indigenous peoples have the right to have their legal

personality fully recognized by the states within their

systems. 

Article V. No forced assimilation 

1. Indigenous peoples have the right to freely

preserve, express and develop their cultural identity in

all its aspects, free of any attempt at assimilation. 

2. The states shall not undertake, support or

favour any policy of artificial or enforced assimilation

of indigenous peoples, destruction of a culture or the

possibility of the extermination of any indigenous

peoples. 

Article VI. Special guarantees against discrimination 

1. Indigenous peoples have the right to special

guarantees against discrimination that may have to be

57

instituted to fully enjoy internationally and nationally-

recognized human rights; as well as measures necessary to

enable indigenous women, men and children to exercise,

without any discrimination, civil, political, economic,

social, cultural and spiritual rights. The states

recognize that violence exerted against persons because of

their gender and age prevents and nullifies the exercise

of those rights. 

2. Indigenous peoples have the right to fully

participate in the prescription of such guarantees.  

SECTION THREE. CULTURAL DEVELOPMENT 

Article VII. Right to Cultural integrity 

1. Indigenous peoples have the right to their

cultural integrity, and their historical and archeological

heritage, which are important both for their survival as

well as for the identity of their members. 

2. Indigenous peoples are entitled to restitution

in respect of the property of which they have been

dispossessed, and where that is not possible, compensation

on a basis not less favorable than the standard of

international law. 

3. The states shall recognize and respect

indigenous ways of life, customs, traditions, forms of

social, economic and political organization, institutions,

58

practices, beliefs and values, use of dress, and

languages. 

 Article VIII. Philosophy, outlook and language 

1. Indigenous peoples have the right to indigenous

languages, philosophy and outlook as a component of

national and universal culture, and as such, shall respect

them and facilitate their dissemination. 

2. The states shall take measures and ensure that

broadcast radio and television programs are broadcast in

the indigenous languages in the regions where there is a

strong indigenous presence, and to support the creation of

indigenous radio stations and other media. 

3. The states shall take effective measures to

enable indigenous peoples to understand administrative,

legal and political rules and procedures, and to be

understood in relation to these matters. In areas where

indigenous languages are predominant, states shall

endeavor to establish the pertinent languages as official

languages and to give them the same status that is given

to non-indigenous official languages. 

4. Indigenous peoples have the right to use their

indigenous names, and to have the states recognize them as

such. 

 Article IX. Education 

59

1. Indigenous peoples shall be entitled: a) to

establish and set in motion their own educational

programs, institutions and facilities; b) to prepare and

implement their own educational plans, programs, curricula

and materials; c) to train, educate and accredit their

teachers and administrators. The states shall endeavor to

ensure that such systems guarantee equal educational and

teaching opportunities for the entire population and

complementarity with national educational systems. 

2. When indigenous peoples so decide, educational

systems shall be conducted in the indigenous languages and

incorporate indigenous content, and they shall also be

provided with the necessary training and means for

complete mastery of the official language or languages. 

3. The states shall ensure that those educational

systems are equal in quality, efficiency, accessibility

and in all other ways to that provided to the general

population. 

4. The states shall take measures to guarantee to

the members of indigenous peoples the possibility to

obtain education at all levels, at least of equal quality

with the general population. 

5. The states shall include in their general

educational systems, content reflecting the pluricultural

nature of their societies. 

60

6. The states shall provide financial and any other

type of assistance needed for the implementation of the

provisions of this article. 

 Article X. Spiritual and religious freedom 

1. Indigenous peoples have the right to freedom of

conscience, freedom of religion and spiritual practice,

and to exercise them both publicly and privately. 

2. The states shall take necessary measures to

prohibit attempts to forcibly convert indigenous peoples

or to impose on them beliefs against their will. 

3. In collaboration with the indigenous peoples

concerned, the states shall adopt effective measures to

ensure that their sacred sites, including burial sites,

are preserved, respected and protected. When sacred

graves and relics have been appropriated by state

institutions, they shall be returned. 

4. The states shall encourage respect by all people

for the integrity of indigenous spiritual symbols,

practices, sacred ceremonies, expressions and protocols. 

Article XI. Family relations and family ties 

1. The family is the natural and basic unit of

societies and must be respected and protected by the

state. Consequently the state shall recognize and respect

the various forms of indigenous family, marriage, family

name and filiation. 

61

2. In determining the child's best interest in

matters relating to the protection and adoption of

children of members of indigenous peoples, and in matters

of breaking of ties and other similar circumstances,

consideration shall be given by courts and other relevant

institutions to the views of the peoples, including

individual, family and community views. 

Article XII. Health and well-being 

1. Indigenous peoples have the right to legal

recognition and practice of their traditional medicine,

treatment, pharmacology, health practices and promotion,

including preventive and rehabilitative practices. 

2. Indigenous peoples have the right to the

protection of vital medicinal plants, animal and mineral

in their traditional territories.  

3. Indigenous peoples shall be entitled to use,

maintain, develop and manage their own health services,

and they shall also have access, on an equal basis, to all

health institutions and services and medical care

accessible to the general population. 

4. The states shall provide the necessary means to

enable the indigenous peoples to eliminate such health

conditions in their communities which fall below

international accepted standards for the general

population. 

62

 Article XIII. Right to environmental protection 

1. Indigenous peoples have the right to a safe and

healthy environment, which is an essential condition for

the enjoyment of the right to life and collective well-

being. 

2. Indigenous peoples have the right to be informed

of measures which will affect their environment, including

information that ensures their effective participation in

actions and policies that might affect it. 

3. Indigenous peoples shall have the right to

conserve, restore and protect their environment, and the

productive capacity of their lands, territories and

resources. 

4. Indigenous peoples have the right to participate

fully in formulating, planning, managing and applying

governmental programmes of conservation of their lands,

territories and resources.

  5. Indigenous peoples have the right to assistance

from their states for purposes of environmental

protection, and may receive assistance from international

organizations. 

6. The states shall prohibit and punish, and shall

impede jointly with the indigenous peoples, the

introduction, abandonment, or deposit of radioactive

materials or residues, toxic substances and garbage in

63

contravention of legal provisions; as well as the

production, introduction, transportation, possession or

use of chemical, biological and nuclear weapons in

indigenous areas.  

7. When a state declares an indigenous territory as

protected area, any lands, territories and resources under

potential or actual claim by indigenous peoples,

conservation areas shall not be subject to any natural

resource development without the informed consent and

participation of the peoples concerned. 

  SECTION FOUR. ORGANIZATIONAL AND POLITICAL RIGHTS 

 Article XIV. Rights of association, assembly, freedom

of expression and freedom of thought 

1. Indigenous peoples have the right of

association, assembly and expression in accordance with

their values, usages, customs, ancestral traditions,

beliefs and religions.  

2. Indigenous peoples have the right of assembly

and to the use of their sacred and ceremonial areas, as

well as the right to full contact and common activities

with their members living in the territory of neighboring

states. 

Article XV. Right to self government 

1. Indigenous peoples have the right to freely

determine their political status and freely pursue their

64

economic, social, spiritual and cultural development, and

accordingly, they have the right to autonomy or self-

government with regard to inter alia culture, religion,

education, information, media, health, housing,

employment, social welfare, economic activities, land and

resource management, the environment and entry by

nonmembers; and to determine ways and means for financing

these autonomous functions. 

2. Indigenous peoples have the right to participate

without discrimination, if they so decide, in all

decision-making, at all levels, with regard to matters

that might affect their rights, lives and destiny. They

may do so directly or through representatives chosen by

them in accordance with their own procedures. They shall

also have the right to maintain and develop their own

indigenous decision-making institutions, as well as equal

opportunities to access and participate in all state

institutions and fora.  

Article XVI. Indigenous Law 

1. Indigenous law shall be recognized as a part of

the states' legal system and of the framework in which the

social and economic development of the states takes place.

2. Indigenous peoples have the right to maintain

and reinforce their indigenous legal systems and also to

apply them to matters within their communities, including

65

systems related to such matters as conflict resolution,

crime prevention and maintenance of peace and harmony.

3. In the jurisdiction of any state, procedures

concerning indigenous peoples or their interests shall be

conducted in such a way as to ensure the right of

indigenous peoples to full representation with dignity and

equality before the law. This shall include observance of

indigenous law and custom and, where necessary, use of

their language. 

Article XVII.

National incorporation of indigenous legal and

organizational systems 

1. The states shall facilitate the inclusion in

their organizational structures, the institutions and

traditional practices of indigenous peoples, and in

consultation and with consent of the peoples concerned. 

2. State institutions relevant to and serving

indigenous peoples shall be designed in consultation and

with the participation of the peoples concerned so as to

reinforce and promote the identity, cultures, traditions,

organization and values of those peoples. 

  SECTION FIVE. SOCIAL, ECONOMIC AND PROPERTY RIGHTS 

Article XVIII. Traditional forms of ownership and

cultural survival.

Rights to land, territories and resources 

66

1. Indigenous peoples have the right to the legal

recognition of their varied and specific forms and

modalities of their control, ownership, use and enjoyment

of territories and property. 

2. Indigenous peoples have the right to the

recognition of their property and ownership rights with

respect to lands, territories and resources they have

historically occupied, as well as to the use of those to

which they have historically had access for their

traditional activities and livelihood.  

3. i) Subject to 3.ii.), where property and user

rights of indigenous peoples arise from rights existing

prior to the creation of those states, the states shall

recognize the titles of indigenous peoples relative

thereto as permanent, exclusive, inalienable,

imprescriptibly and indefeasible. 

ii) Such titles may only be changed by mutual

consent between the state and respective

indigenous peoples when they have full knowledge

and appreciation of the nature or attributes of

such property.  

iii) Nothing in 3.i.) shall be construed as limiting

the right of indigenous peoples to attribute ownership

within the community in accordance with their customs,

traditions, uses and traditional practices, nor shall it

affect any collective community rights over them. 

67

4. Indigenous peoples have the right to an

effective legal framework for the protection of their

rights with respect to the natural resources on their

lands, including the ability to use, manage, and conserve

such resources; and with respect to traditional uses of

their lands, interests in lands, and resources, such as

subsistence. 

5. In the event that ownership of the minerals or

resources of the subsoil pertains to the state or that the

state has rights over other resources on the lands, the

governments must establish or maintain procedures for the

participation of the peoples concerned in determining

whether the interests of these people would be adversely

affected and to what extent, before undertaking or

authorizing any program for planning, prospecting or

exploiting existing resources on their lands. The peoples

concerned shall participate in the benefits of such

activities, and shall receive compensation, on a basis not

less favorable than the standard of international law for

any loss which they may sustain as a result of such

activities. 

6. Unless exceptional and justified circumstances

so warrant in the public interest, the states shall not

transfer or relocate indigenous peoples without the free,

genuine, public and informed consent of those peoples, but

in all cases with prior compensation and prompt

replacement of lands taken, which must be of similar or

68

better quality and which must have the same legal status;

and with guarantee of the right to return if the causes

that gave rise to the displacement cease to exist. 

7. Indigenous peoples have the right to the

restitution of the lands, territories and resources which

they have traditionally owned or otherwise occupied or

used, and which have been confiscated, occupied, used or

damaged, or when restitution is not possible, the right to

compensation on a basis not less favorable than the

standard of international law . 

8. The states shall take all measures, including

the use of law enforcement mechanisms, to avert, prevent

and punish, if applicable, any intrusion or use of those

lands by unauthorized persons to take possession or make

use of them. The states shall give maximum priority to the

demarcation and recognition of properties and areas of

indigenous use. 

Article XIX. Workers rights 

1. Indigenous peoples shall have the right to full

enjoyment of the rights and guarantees recognized under

international labor law and domestic labor law; they

shall also have the right to special measures to correct,

redress and prevent the discrimination to which they have

historically been subject. 

2. To the extent that they are not effectively

protected by laws applicable to workers in general, the

69

states shall take such special measures as may be

necessary to: 

a. effectively protect the workers and

employees who are members of indigenous

communities in respect of fair and equal hiring

and terms of employment;

 

b. to improve the labor inspection and

enforcement service in regions, companies or

paid activities involving indigenous workers or

employees;

 

c. ensure that indigenous workers:

 

i. enjoy equal opportunity and treatment

as regards all conditions of

employment, job promotion and

advancement; and other conditions as

stipulated under international law;

ii. enjoy the right to association and

freedom for all lawful trade union

activities, and the right to conclude

collective agreements with employers

or employers' organizations;

 

iii. are not subjected to racial, sexual or

other forms of harassment;

70

iv. are not subjected to coercive hiring

practices, including servitude for

debts or any other form of servitude,

even if they have their origin in law,

custom or a personal or collective

arrangement, which shall be deemed

absolutely null and void in each

instance;

 

v. are not subjected to working

conditions that endanger their health

and safety; 

vi. receive special protection when they serve

as seasonal, casual or migrant workers and

also when they are hired by labor

contractors in order that they benefit

from national legislation and practice

which must itself be in accordance with

established international human rights

standards in respect of this type of

workers, and, 

vii. as well as their employers are made

fully aware of the rights of

indigenous workers, under such

national legislation and

international standards, and of the

71

recourses available to them in order

to protect those rights. 

Article XX. Intellectual property rights 

1. Indigenous peoples have the right to the

recognition and the full ownership, control and protection

of their cultural, artistic, spiritual, technological and

scientific heritage, and legal protection for their

intellectual property through trademarks, patents,

copyright and other such procedures as established under

domestic law; as well as to special measures to ensure

them legal status and institutional capacity to develop,

use, share, market and bequeath that heritage to future

generations. 

2. Indigenous peoples have the right to control,

develop and protect their sciences and technologies,

including their human and genetic resources in general,

seed, medicine, knowledge of plant and animal life,

original designs and procedure. 

3. The states shall take appropriate measures to

ensure participation of the indigenous peoples in the

determination of the conditions for the utilization, both

public and private, of the rights listed in the previous

paragraphs 1. and 2. 

Article XXI. Right to development 

72

1. The states recognize the right of indigenous

peoples to decide democratically what values, objectives,

priorities and strategies will govern and steer their

development course, even where they are different from

those adopted by the national government or by other

segments of society. Indigenous peoples shall be

entitled to obtain on a non-discriminatory basis

appropriate means for their own development according to

their preferences and values, and to contribute by their

own means, as distinct societies, to national development

and international cooperation. 

2. Unless exceptional circumstances so warrant in

the public interest, the states shall take necessary

measures to ensure that decisions regarding any plan,

program or proposal affecting the rights or living

conditions of indigenous peoples are not made without the

free and informed consent and participation of those

peoples, that their preferences are recognized and that no

such plan, program or proposal that could have harmful

effects on those peoples is adopted. 

3. Indigenous peoples have the right to restitution

or compensation no less favorable than the standards of

international law, for any loss which, despite the

foregoing precautions, the execution of those plans or

proposals may have caused them; and measures taken to

mitigate adverse environmental, economic, social, cultural

or spiritual impact. 

73

SECTION SIX.

GENERAL PROVISIONS

Article XXII. Treaties, Acts, agreements and

constructive arrangements 

Indigenous peoples have the right to the recognition,

observance and enforcement of treaties, agreements and

constructive arrangements, that may have been concluded

with states or their successors, as well as historical

Acts in that respect, according to their spirit and

intent, and to have states honor and respect such

treaties, agreements and constructive arrangements as well

as the rights emanating from those historical instruments.

Conflicts and disputes which cannot otherwise be settled

should be submitted to competent bodies. 

Article XXIII. 

Nothing in this instrument shall be construed as

diminishing or extinguishing existing or future rights

indigenous peoples may have or acquire. 

Article XXIV. 

The rights recognized herein constitute the minimum

standards for the survival, dignity and well-being of the

indigenous peoples of the Americas. 

Article XXV. 

74

Nothing in this instrument shall be construed as

granting any rights to ignore boundaries between states. 

Article XXVI. 

Nothing in this Declaration may be construed as

permitting any activity contrary to the purposes and

principles of the OAS, including sovereign equality,

territorial integrity and political independence of

states. 

Article XXVII. Implementation 

The Organization of American States and its organs,

organisms and entities, in particular the Inter-American

Indian Institute and the Inter-American Commission on

Human Rights shall promote respect for and full

application of the provisions in this Declaration.

CHAPTER FIVE 5.1. Human Rights of indigenous people : A Case

study of Tanore Thana for Santhals

75

Indigenous people live in our country few live in tanore

thana district Rajshahi.

I visit their area and collect information.

Ripon is an indigenous people

C/O Mical Soran

Age—25 Date19-11-09

Occupation—farmer & sweeper

Not Married , christen by faith

Vill—Amso

Po- Tanore

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

76

Answer-No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer-No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question-- Are you lost your land?

Answer-- yes one Muslim man name tayfur take my land by

made a duplicate document.

Question –Have you known every people equal before law?

77

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

78

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

79

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Litton is an indigenous people

S/O Zotin Hamron

Age—25 Date19-11-09

Occupation—farmer & sweeper

Not Married , christen by faith

Vill—Mohor

Po- Krisnopur

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

80

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- 1 bigas

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- Yes 1 bigas

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

81

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

82

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

83

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Prodip is an indigenous people

S/O Mohon

Age—25 Date 5-12-09

Occupation—farmer & sweeper

Not Married , christen by faith

Vill—Mohor

Po- Krisnopur

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

84

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- 2 bigas

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner?

Answer- Yes I know this.

Question –Are you get any property from your father?

Answer- Yes 2 bigas

Question –Are you sale any land ?

85

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

86

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

87

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No

Nirmol is an indigenous people

S/O Prodhan

Age—30 Date05-12-09

Occupation—farmer & sweeper

Married 5 years ago, christen by faith

Vill—Mohor

Po- Krisnopur

Ps- Tanore

88

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- 3 bigas

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

89

Question –Are you get any property from your father ?

Answer- Yes 3 bigas

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

90

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

91

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Modina is an indigenous people

S/O Hokna

Age—35 Date 6-11-09

Occupation—farmer & sweeper

Married 7 years ago, christen by faith

92

Vill—Mohor

Po- Krisnopur

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- 4 bigas

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

93

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- Yes 3 bigas

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

94

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

95

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Rongon is an indigenous people

S/O Dilip

96

Age—40 Date7-12-09

Occupation—farmer & sweeper

Married 15 years ago, christen by faith

Vill—Mohor

Po- Krisnopur

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- 3 bigas

Question –Have you known about the fundamental rights ?

Answer- No

97

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- Yes 1 bigas

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

98

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

99

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

100

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Rumal is an indigenous people

S/O Sibu

Age—25 Date7-12-09

Occupation—farmer & sweeper

Not Married , christen by faith

Vill—Mohor

Po- Krisnopur

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

101

Answer- 2 bigas

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- Yes 2 bigas

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

102

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

103

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

104

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Rosoni is an indigenous woman

C/O Sibu

Age—30 Date7-12-09

Occupation—farmer & sweeper

Married 5 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

105

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

106

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

107

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

108

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Sibu is an indigenous people

S/O Rantu

Age—35 Date8-12-09

Occupation—farmer & sweeper

Married 8 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

109

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

110

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

111

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

112

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Ram is an indigenous people

S/O Rosik

Age—50 Date7-12-09

Occupation—farmer & sweeper

Married 24 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

113

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

114

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

115

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

116

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Zosim hamro is an indigenous people

Age—50 Date7-12-09

Occupation—farmer & sweeper

Married 25 years ago, christen by faith

Vill—Chandurea

117

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

118

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

119

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

120

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Kandon is an indigenous people

Age—50 Date7-12-09

121

Occupation—farmer & sweeper

Married 23 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

122

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

123

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

124

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

125

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Gopal is an indigenous people

Age—50 Date7-12-09

Occupation—farmer & sweeper

Married 25 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

126

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

127

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

128

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

129

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Bodu is an indigenous people

Age—55 Date7-12-09

Occupation—farmer & sweeper

Married 30 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

130

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

131

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

132

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

133

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Varas is an indigenous people

Age—35 Date7-12-09

Occupation—farmer & sweeper

Married 10 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

134

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

135

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

136

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

137

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Sufol is an indigenous people

S/O Motru

Age—50 Date7-12-09

Occupation—farmer & sweeper

Married 27 years ago, christen by faith

Vill—Chandurea

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

138

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

139

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

140

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

141

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Roton is an indigenous people

S/O Ram Babu

Age—25 Date7-12-09

Occupation—farmer

Not Married , christen by faith

Vill—Sindukai

Po- Tanore

Ps- Tanore

Dis- Rajshahi

142

I asked questions to him

Question Do you know read and writing ?

Answer- Yes I know I was passed HSC.

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- Yes.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- Yes I know this.

143

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- Yes

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

Question –Have you known about the right to life and

personal liberty ?

Answer-No

144

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

Question –Have you known about the right to property?

Answer-Yes.

145

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-Yes .

Question – Have you known about the right to education?

Answer-Yes

Question – Have you known the right to get medicine and

health practice?

Answer- .Yes

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

Biran is an indigenous people

S/O Provu

Age—27 Date 9-12-09

Occupation—farmer & sweeper

Not Married , christen by faith

146

Vill— Kumrapur

Po- Chandurea

Ps- Tanore

Dis- Rajshahi

I asked questions to him

Question Do you know read and writing ?

Answer- I don’t know .

Question –Have you known about the human right ?

Answer- I don’t know.

Question –Have you known about the constitution of

Bangladesh ?

Answer- I don’t know.

Question –You have any land

Answer- No

Question –Have you known about the fundamental rights ?

Answer- No

Question –Any human right association help you to know

human right ?

Answer- No I first time hear the name of this

association.

147

Question – Do you know that if you want to sale your land

than need permission from deputy commissioner .

Answer- I don’t know .

Question –Are you get any property from your father ?

Answer- No

Question –Are you sale any land ?

Answer-No

Question –Are you know the rule of sale ?

Answer-No

Question –Have you known every people equal before law?

Answer- No

Question –Have you known about non-discrimination on the

ground of race, religion, sex, color, place of birth.

Answer-No

Question – Have you known about equality of opportunity

in public employment ?

Answer-No

Question –Have you known about the right to protection of

law ?

Answer-No

148

Question –Have you known about the right to life and

personal liberty ?

Answer-No

Question –Have you known about the safeguard as to arrest

and detention.

Answer-No

Question –Have you known about the freedom of movement ?

Answer-Yes.

Question –Have you known about the freedom of assembly?

Answer-No

Question –Have you know about the freedom of association?

Answer-No

Question –Have you known about the freedom of thought

conscience and speech?

Answer-Yes

Question –Have you known about the freedom of profession

and occupation?

Answer-No

Question –Have you known about the freedom of religion?

Answer-Yes

149

Question –Have you known about the right to property?

Answer-No.

Question –Have you known about the enforcement of

fundamental right?

Answer-No

Question –Have you known about the right to self

determination?

Answer-No

Question – Are you know you shall not be forcibly remove

from your Land ?

Answer-No .

Question – Have you known about the right to education?

Answer-No

Question – Have you known the right to get medicine and

health practice?

Answer- No

Question –Have you known about the protection in respect

of trial and punishment?

Answer-No.

150

CHAPTER SIX

Recommendation

151

6.1. RECOMENDETION:

Indigenous people were the first people who live in our

country. They live in our country for hundred to hundred

years. The present situation is that, they are the back

word people in our country. Maximum indigenous people

live hand to mouth. They lost their human right by the

other people because they are not educated.

They are dependable for agriculture. They had agriculture

land before hundred years but in present time maximum

indigenous people had no land, few people has some land

but it is maximum two or three bigas. Before hundred

years they live their life for higher standard. They live

happily. But in this time maximum indigenous people lost

their land by many way like they sale their land by

poverty problem. And the maximum cause to lose their land

is that, few dishonest people take their land by illegal

way, like made duplicate document. The main problem of

indigenous people is that they are uneducated. They can

not read or write to any thing. Maximum indigenous people

can not write their name. They dependable on their finger

print sign, for this reason few dishonest people take

their agriculture land by illegal way. Now in this time

their main problems are poverty, they dependable to other

person agriculture land. They work hard but they get not

proper wages to the tenant. They were uneducated so they

not known their right. Many woman, virgin and child are

torture and raped by victim in every day in all over the

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Bangladesh. They get not remedy because they don’t know

how they get remedy, because they don’t know what is

write, what is their Law.

I MD.Shariphul arephin, research by one type of

indigenous people is shantals, they are poor, dependably

by agriculture land and in municipality by clean the road

and drean. they get not their actual Human right, not

only the man but also the woman, not only the rule of our

country but also their rule or law because if any woman

married a man and goes to her matrimonial house then this

woman get not any property like movable or immoveable to

her parents house. This rule is harmful to all the woman

of shantals.

Lastly I says that we can not develop our country without

develop our all the people. If we made any building then

we need all the materials, if one materials are not than

we not made building. So if we want to develop our

country then needed for develop all the people of our

country. Made specific law for indigenous people and not

only the duty of the government but also the duty of all

the people who are educated that to help this types of

people for education. Without education they can not

develop their life style. They don’t know their right.

Actually people awareness is needed without people

awareness they can not develop their life and to change

our mentality because we are human being don’t neglect

any one because we are the creature of God.

153

154

CHAPTER SEVEN

Conclusion

7.1. CONCLUTION

We know that education is the backbone of nation. Without

education any family any society and any state can not

develop. So if we want to develop our country then

education is must to every people. We know indigenous

people are the backward people, they are uneducated, they

don’t know the Human right which given by our government.

Lots of problem is happened but they can not solve their

problem. In this time the indigenous people needed

specific rule and law, that they get again their land

which they lost by illegal way. If we want to develop

this type of people then needed for help every sector.

They need facility by every right like economic social

and cultural. We know indigenous people depend on

agriculture land so the government and many NGOs help to

give modern mace nary and supply modern fertilizer and

medicine and seed.

7.2. Bibliography: Internetwww.wfrt.net/humwww.un.org/esa/socdev/unpfii/en/drip.html

www.un.org/esa/socdev/unpfii/en/drip.html

www.amnesty.ca › Priority Concerns

www.iwgia.org/sw248.asp

Http://repository.forcedmigration.org/show_metadata.jsp?

pid=fmo:1702

155

http://www.canadainternational.gc.ca/bangladesh/about-

a_propos/aboriginal

http://hrcbmdfw.org/blogs/bangladesh/default.aspxNews paper

The Daily Inquilab, 12th August 07 From Our Correspondent

ibit

The Daily Janakantha, 18th August 07  From Our

Correspondent ibit

The Daily Sangbad, 08th August 07  From Our Correspondent ibitThe Daily Ittefaq, 14th August 07 From Our Correspondent ibitBook Reference

The constitution of The People Republic of Bangladesh

International Human Rights Law

Javaid Rehman.

156