Ensure rights of our indigenous people

The history of Indigenous people in Bangladesh runs deeper than the borders of the modern state. Long before independence, communities across the hills and plains built their cultural identity around forests, rivers and land. Their social and economic systems depend on these ecosystems in ways distinct from the majority population. Yet the thesis and the supporting documents show that these longstanding relationships remain weakly reflected in national law.

Bangladesh is home to more than fifty Indigenous groups across both hills and plains. Their own population estimates exceed three million, while the 2011 census recorded about one point five eight million. Despite this presence, national law does not define them as Indigenous. Several instruments, including rules under the Chittagong Hill Tracts Regulation of 1900 and provisions of the State Acquisition and Tenancy Act of 1950, use terms like Indigenous or aboriginal, but this recognition is scattered and incomplete.

The Constitution directs the State to protect the culture and traditions of tribes, minor races, ethnic sects and communities. It also allows special measures for disadvantaged groups. Land protection appears in the State Acquisition and Tenancy Act of 1950, which restricts transfer of Indigenous land to non Indigenous persons. In the Chittagong Hill Tracts, the framework includes the CHT Regulation of 1900, the Hill District Council Acts of 1989, the CHT Regional Council Act of 1998 and the Land Dispute Resolution Commission Act of 2001.

The CHT Regulation is especially important. It protects customary institutions, traditional authority and community control over land. It also maintains a system of self governance that reflects the social structure of the region. The Appellate Division affirmed its validity in Wagachara Tea Estate Ltd v Muhammad Abu Taher in 2016 and again in Government of Bangladesh v Rangamati Food Products in 2017. Despite these rulings, review petitions were filed in 2018 seeking to weaken the wording of those judgments.

Since 2022 the Attorney General has supported requests to delete terms like Raja and Indigenous, along with references to customary law. Such deletions would reduce the substance of the Regulation and undermine the limited autonomy it provides. They would also weaken protections recognised under international standards such as the UN Declaration on the Rights of Indigenous Peoples, the ICCPR, the ICESCR, CEDAW and the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas.

These legal disputes come at a time when Indigenous communities continue to face extensive rights violations. Forced evictions have taken place to clear land for plantations, roads, tourism projects, settlement programmes and hydroelectric schemes. These actions have resulted in violations of rights to land, food, water, housing and a safe and healthy environment. The thesis also shows that the Bangladesh Environment Conservation Act of 1995 does not address customary land relationships or culturally specific vulnerabilities.

Despite the Chittagong Hill Tracts Peace Accord of 1997, many of its institutional commitments remain partly implemented. This weakens the role of regional councils and limits the participation that international standards require. The Convention on Biological Diversity recognises the value of traditional knowledge and calls for participation and fair benefit sharing.

Human Rights bodies therefore raise a central question. Are Indigenous peoples receiving the level of protection that international and domestic law promise. The thesis and the additional documents identify three longstanding gaps. Recognition is incomplete because national law does not clearly identify Indigenous peoples as a distinct group. Rights are insufficient because environmental statutes do not integrate customary land systems, cultural dependence or traditional knowledge. Representation is limited because Indigenous communities remain excluded from decision making institutions.

Advocacy groups have urged the government to fulfil its obligations under international human rights treaties and the recommendations of Treaty Bodies and the Universal Periodic Review. They call for full implementation of the Peace Accord, consultation with the Ministry of CHT Affairs, the Regional Council, the Hill District Councils and the Circle Chiefs, and expert input from Indigenous leaders before any judicial decision.

On the Human Rights Day Bangladesh has the opportunity to align its constitutional values with international commitments. Protecting the land, culture and identity of Indigenous peoples is not only a moral responsibility. It is a legal duty under the treaties the country has joined and the standards it supports. Real progress requires recognition, participation and a legal framework that reflects the equal dignity of all communities.