Challenges that are faced by the Indigenous Peoples of Bangladesh Defining Challenges Indigenous...

Challenges that are faced by the Indigenous

Peoples of Bangladesh Defining Challenges Indigenous Peoples in Bangladesh Problems the indigenous peoples are

undergoing in Bangladesh Root causes of problems and these

are the Challenges

**Systematic violation of the collective IP rights

Massive devastation of ancestral lands and resources

Privatization of ancestral lands-Real Estate Development projects, eco-tourism, business enterprises

Pollution of water bodies, air and land

Destruction of sacred grounds Land grabbing Physical and economic dislocation IP

communities Destruction of peoples livelihood

Trafficking of indigenous women and children(human smuggling)

Serious social problems: prostitution, drugs, alcoholism

Commercialization of indigenous culture and ways of life

Imposition of western culture leading to the weakening or disintegration of IP culture, customary laws and IP systems.

Challenges within the state

IPs yet to be constitutionally recognized. Democracy : Rule of the majority- No self determination/self rule/self

governance- Cultural invasion/imposition- State reluctant to implementing international

and regional agreements, deals, bilateral contacts etc.

INTERNATIONAL Transnational Companies(TNCs):

infrastructure development and extractive industries ie corporate mining, energy development, communication and others

International Financial Institutions(IFI), Export Credit Agencies (ECA) and Bilateral Donors/ investors, Banking industry

Policies for Advocacy:Tools/mechanis

m International Human Rights Instruments:

UHRD, The ILO Covention , 1957 no-107 (ratified in 1972) ,International Covenant on Economic, Social and Cultural rights (05 January,1999), International covenant on Civil and Political Rights( 06 Dece mber 2000), International Covenant on the Elimination of All Forms of Racial Discrimination( 11 July 1979),

International Covenant on the Elimination of All Forms of Racial Discrimination against Women ( 06 December 1998), International Covenant on the Elimination of All Forms of Racial Discrimination against Women Optional Protocol( 22 December 2000), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ( 04 November 1999), Convention on the Rights of the Child ( 02 September 1990),

Convention on the Rights of the Child Optional Protocol PAC( 12 February 2000), Convention on the Rights of the Child Optional Protocol PSC ( 18 January 2000), International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (07 October 1998).

State yet to ratify:

ILO Covenant,1989 ( no 169), UN Declaration on the Rights of Indigenous Peoples (passed in the UNGA on 13 September 2008).

UN Declaration on the IP Rights

Right to land and resources: ownership, management and development

Right to self determination: self governance, political systems, development thrust and program

Right to culture, customary laws, socio-political systems

Right to appropriate education, health and social services

Convention of Bio-Diversity

Recognition on the dependence of IPs on biological resources

Equitable sharing of Benefits

Respect, protect, preserve and maintain traditional knowledge.

Principles of FREE, PRIOR and INFORMED consent

FREE:independent decision making process of IP communities, no coercion, manipulation

PRIOR: project cannot start without the decision of affected communities.

INFORMED: vital information about the project, including potential adverse impacts, financial agreements, project

implementation plan, etc is provided to affected people/communities for their use.

CONSENT: decision of the affected communities in their collective consensus.

Safeguard Policies of IFIs WORLD BANK IP Policy:Operational

Policy(OP)4.10

Free Prior and Informed Consultation(FPICon) for broad community support

no complaint mechanism to challenge “broad community support”

allows involuntary resettlement with broad community support

ADBs policy for IPs broad difinition of IPs-exclusive supremacy of other Bank Policy ie

forest policy does not recognize land rights of IPs

***ADB-IP Policy currently under review/update

a. biased for country system over international standards

b. threat for weaker policy instead of stronger one; integration of all three ADB safeguard policy (IP, environment resettlement) into one omnibus Policy

Core Principles and Guidelines for Policy

Advocacy Recognition and respect for individual and

collective rights: adoption and implementation of International Human Rights standards

Free, Prior and Informed Consent Meaningful participation in all stages of

development process:planning, implementation, monitoring and evaluation

Benefit sharing and equity principle Protection of the environment and

people livelihood Direct accountability and legal

obligation of state, corporations and funders.

Transparency of state agencies, TNCs and funders.

Community empowerment and gender equality

Respect for cultural diversity, identity and IP knowledge.

THANK YOU VERY MUCH

Raymond Areng

Lecturer in English

Durgapur Women’s Degree College