Recognising tribal as indigenous people: Bangladesh perspective

1. Marking the first meeting of the UN Working Group on Indigenous Population (UGIP) in 1982, UN General Assembly established 9th August as the International Day of the World's Indigenous People in 1994 and was first observed in 1995. The day is also celebrated in Bangladesh; a South Asian country inhabited by more than 70 ethnic people and predominantly by the Bangalees who constitute around 99% of the population. The other 69 tribes/small ethnic minorities, all together constitute remaining 1% of the total population. The Chittagong Hill Tracts (CHT), the South Eastern part and geographically one tenth of Bangladesh is the home to as many as 16 tribes/small ethnic minorities. Over 50 other such communities are spread across the plains and other hilly regions of Bangladesh. Following the United Nations Declaration on the Rights of Indigenous People (UNDRIP) in 2007, the demand emerged for recognizing the tribes/small ethnic minorities of CHT as 'Indigenous People'.The movement, having also linked with two other International Labour Organization (ILO) conventions, was intesified prior to15th amendment of the constitution of Bangladesh with calls for constitutional recognition as indigenous people.

 

 

2. ILO Convention-107which is cited as Indigenous and Tribal People Convention, 1957 is applicable to, "members of tribal or semi-tribal population in independent countries whose social and economic conditions are at a less advanced stage than the stage reached by the 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" (Article 1 para 1a) and "members of tribal or semi-tribal population in independent countries which are regarded as indigenous on account of their descent from the population which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonization and which, irrespective of their legal status, live more in conformity with the social, economic and cultural institutions of that time than with the institutions of the nation to which they belong" (Article 1 para 1b).However, ILO Convention-107 lacks clear criteria for identifying a group as tribal or indigenous people.
ILO Convention-169 (1989)brought in a major shift by emphasizing self-identification as a key determinant;"Self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups" (Article 1 para 2). UNDRIP-2007,in contrast, did not explicitly address "tribal" or "semi-tribal" people, possibly assuming that all such communities would self-identify as indigenous people. Let us look into the key features in the ILO Conventions and UNDRIP-2007.

 

 

3. The key features of ILO-107are; equal benefits for tribal population(Article 2, Para 2a);safeguard of persons, institutions, property, labour, culture and environment (Article 3, Para 1); right to retain their own customs and institutions (Article 7, Para 2);ownership right over traditionally occupied lands and can only be acquired with consent and compensation (Article 11 and 12); progressive transition from their mother tongue to the national language (Article 23, Para 2).Eventually, the convention recommends necessary assistance to tribal population to bring them at par with mainstream population and to support their social, cultural and socio-economic development.

 

The ILO Convention-169 also suggests; right to decide their development priorities(Article 7, Para 1); application of national law with due regard to their customary law (Article 8, Para 1); ownership over lands and possession right which they traditionally occupy (Article-14); rights on the natural resources pertaining to their lands (Article-15 and 16); facilitating contacts and cooperation among indigenous and tribal people across the border (Article-32).

 

 

The main features of UNDRIP-2007 are; rights to self-determination of political status (Article 3);rights to autonomy in internal and local affairs (Article 4); rights to remain in their lands or territories (Article-10);prohibition of military activity on indigenous land without consent (Article-30);UN support for enforcement via financial and technical assistance (Article 41).

 

Bangladesh ratified ILO Convention-107 on June 22, 1972 but rightfully did not ratify ILO Convention-169.The UNDRIP-2007 encourages most of the tribes/small ethnic minorities to identify them as indigenous people because of very beneficial terms available in it. But the general understanding is, the indigenous people are the original inhabitants of the land they live in and usually called the son of the soil. So, the question remains, are the tribes/small ethnic minorities of CHT son of the soil?

 

4. The origins of the CHT tribes/ small ethnic minorities have been documented by several researchers. According to Ashok Kumar Dewan, the Chakmas migrated from North Tripura to present-day CHT by the late 15th century after inhibiting 200- 250 years at a place in North Tripura. Captain T.H Lewin, the first British District Commissioner of CHT,noted in his book "The Hill Tracts of Chittagong and the Dwellers Therein" that the Chakmas arrived in southern Chittagong around 1660 following the Arakan-Burmese conflict. He again reiterated "A greater portion of the hill tribes, at present living in the Chittagong hills, undoubtedly came about two generations ago from Arakan. This is asserted both by their own traditions and by records in the Chittagong Collectorate". Mr Lewin also considered the Bawms and the Pankho are the offshoots of Lushai group.

 

In the early 1600, some Tripura people from the Indian state of Tripura entered the present Khagrachari District and started living there.The Marmas arrived following the Burmese invasion of Arakan in 1784. The Tanchangyas, a major Chakma sub-group, settled in the region around 1819.All these records suggest that the tribal communities of CHT migrated to this area weakening the claims of being the original inhabitants. None of the tribes including the Chakmas is the son of soil of CHT. As Biraj Mohan Dewan asserted, "It is clear that Chakmas are not the sons of the soil of CHT."Atiqur Rahman, the author of "They are not Indigenous (The Tribes Residing in Chittagong Hill Tracts)" also comments that "tribes in CHT observe Buddhism, Hinduism and Christianity; the main sources which have developed the civilization". Even in the CHT Peace Accord they were referred as "tribal," not indigenous people.Also, indigenous identity had never been the focus of the tribes of CHT before UNDRIP-2007.

 

However, from the British era, tribes/small ethnic minorities of CHT enjoyed some kind of preferential treatment by the government. In 1860, the British established the CHT as a separate district, and by 1881, the Chakma, Bomang, and Mong Circles were created. The Hill Tracts Manual-1900entrusted circle chiefs administrative powers, including land revenue collection. These privileges continued and were reinforced by the Peace Accord and legal measures such as the Hill District Council (HDC) Act 1989. Approval of HDC is prerequisite for land purchase in CHT by outsiders. Several institutions were also established as post Peace Accord follow-up ; CHT Accord Implementation Committee, Ministry of Chittagong Hill Tracts Affairs (MoCHTA), Advisory Committee to assist the MoCHTA, CHT Land Commission, CHT Regional Commission (CHTRC), Task Force on Rehabilitation of Jumma Refugee and IDP etc. Huge development, improved communication, boosted tourism, and advanced agricultural initiatives across the region have been facilitated by these bodies along with the government.

 

 

5. The implications of ILO Convention-169 and UNDRIP-2007 on the sovereignty and stability of Bangladesh, especially concerning the CHT, have pernicious effect. In its prudent and foresighted approach, the government did neither ratify the ILO Convention-169 nor amend the constitution as demanded.The constitutional recognition would bring about various complexities and challenges. The key concerns are; 1) The recognition of indigenous status might create conflicts with existing national laws, especially those related to land ownership, and resource management contradicting government policies that promote settlement or development projects in the region; 2) According to 2022 census total population in CHT is1,842,815. Of them, 922,598 (50.06%) are Bangalees, and 920,217 (49.94%) are tribal/small ethnic minorities. Biased and unequal attitude of the NGOs and IOs toward the tribal creates sense of deprivation among the Bangalees. Recognising tribes as indigenous people could fuel ethnic divisions in these closely integrated communities; 3) The recognition of indigenous people might instigate calls for greater autonomy or even secession, as some tribal groups may see this as a step toward self-determination. This could also lead to a wider political struggle for autonomy or recognition by other small ethnic communities across the country, thus complicating national unity, peace and stability;4)The CHT is rich in natural resources such as forests, minerals, and water bodies. This could become a flashpoint between indigenous rights and national interests over controlling natural resources in economic development and exploration of resources in the region;5) UN bodies, NGOs, and indigenous advocacy groups may increase pressure for UNDRIP implementation; 6)Military movement or deployment anywhere in the state is the sovereign decision that can never be compromised. Restricting military movement in a vast geographical area like CHT having several armed group active and border with two countries will have serious concern over sovereignty and security of the country.

 

 

At last, balancing people's rights with national sovereignty, stability, and well-being require delicate policies, common aspirations, and integrated approach. The goal should be peaceful co-existence, mutual respect for cultural identity, and equitable development for all communities of the country.

 

 

The writer is an Army officer