Around the world, the terms ‘tribal’ and ‘indigenous’ carry profound implications for identity, rights, and justice. Yet, their usage often raises controversies, especially when it comes to the use of certain international treaties on the rights of indigenous peoples under the auspices of the United Nations.
The constitution of Bangladesh takes into recognition the culture of tribal groups, minority races, ethnic communities, and sects. Article 23(A) provides that entitled “Protection and promotion of local cultures.” The state shall take steps to protect and promote the unique local cultures and traditions of these tribes, minority races, ethnic groups, and communities.
The United Nations has always been supportive of the rights of such people called indigenous people in different countries across the globe. The organization does so through the ILO, the Indigenous Peoples Committee, or the Human Rights Council.
ILO Convention No. 107 of 1957
It is a convention approved by the 40th session of the ILO General Assembly on 26 June 1957. The issue is the security of the indigenous or tribal peoples of different countries and their integration with the larger population within the nation-state. The government of Pakistan did not ratify this convention. In 1972, the new constitution of Bangladesh was adopted, and then the government ratified the convention.
ILO Convention No. 169 of 1989
During the turn of discussions, events, and reactions about the unusual nature of tribal peoples, the UN came up with another convention, number 169, on June 27, 1989, through the replacement of the older or amended version 107 or 1957. Since 1989, no political government in Bangladesh has ratified nor accepted Convention No. 169 (for good reason). Therefore, Bangladesh is not bound to comply with this convention.
Declaration of the United Nations
The United Nations General Assembly took a momentous step on September 13, 2007, by adopting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) through Resolution 61/295.Bangladesh has not ratified this declaration.
Comparison of the origin of both conventions
According to Convention No. 107, it accentuates the integration of indigenous and tribal peoples into the wider national society, with a focus on their social, cultural, and socio-economic development. In contrast, under Convention No. 169, the state is obligated to recognize and protect the rights of these groups to maintain their own institutions, cultures, and ways of life while ensuring their participation in decisions affecting them.
According to Convention 107, no obligation can be imposed on tribal peoples in the matter of self-identification. On the other hand, according to Convention 169, in determining the self-identity of tribal peoples, they shall be considered on their own social, cultural, and socio-economic criteria, distinct from the original ethnic groups.
Comparison of the land in both conventions
According to Convention 107, tribal peoples’ traditional individual and collective ownership of land will be established, which will be guaranteed by the state. On the other hand, according to Convention 169, the right and possession of land traditionally owned by individuals or groups, as well as used for their subsistence and miscellaneous activities, shall be reserved by the state.
According to Convention 107, the state can use the land for security or socio-economic development, but in this case, the independent opinion of the tribal people must be accepted and proper rehabilitation must be arranged. On the contrary, according to Convention 169. There will be no special land in the territory inhabited by the tribal people; even in the case of the extraction of natural resources, the opinion of the tribal people will prevail.
According to Convention 107, it does not address the issue of whether non-tribals can own land. But according to Convention 169, no one outside the tribal population can own land in the land inhabited by the tribal people, and the state will ensure this.
The Significance of the Declaration of the United Nations
Refers to the right to self-determination. Quebec held referendums in 1980 and 1995 to decide on independence from Canada. Both times, the majority voted to remain part of Canada, choosing to preserve their distinct identity while coexisting within the federation.
Will we recognize tribal people living in the Chittagong Hill Tracts and elsewhere in Bangladesh knowingly as Indigenous people? Officially recognizing this should give them a chance. The opportunity is that you vote and decide whether you will be an independent country or a province within Bangladesh, remain as it is, or merge with the provinces of North-East India and become part of India.
If the government of Bangladesh officially accepts and ratifies Convention 169 and Declaration-2007, the people living in the Chittagong Hill Tracts of Bangladesh will seek the implementation of this very right and seek the cooperation of the UN for its implementation.
Our big neighbor India does not recognize hundreds of tribal peoples or small ethnic groups of that country as indigenous. Myanmar has also not declared its tribal population as indigenous.
If tribal recognition is granted, according to a paragraph of Declaration-2007, the government will not be able to prevent the Chakma community living in Rangamati, Bangladesh, from crossing the international border line with the Chakma community of Mizoram province of India to increase communication, understanding, and cooperation; even the border will remain void there.
Regarding the deployment and activities of military forces: According to the current constitution of Bangladesh, the government of Bangladesh can order or approve military activities in any place in Bangladesh through the headquarters of the three forces.
If the Bangladesh government officially recognizes the tribal peoples of the Chittagong Hill Tracts, such as the Chakma, Marma, Tripura, etc., indigenous people, then before undertaking any kind of military operations in the Chittagong Hill Tracts, it must be discussed with the Regional Council or the respective Hill District Council, which is not to say how acceptable it is for the people of independent Bangladesh.