Bijhu Nijeni 2011 - MAADI
Bijhu Nijeni 2011 - MAADI Bijhu Nijeni 2011 - MAADI
aJw bUP Terminology on Identity: ‘Indigenous’ versus Other Terms. R a j a D e v a s i s h R o y Constitutional Reform & Indigenous Peoples’ Rights In Bangladesh – I H CONTEXT OF CONSTITUTIONAL REC- recently met Prime Minister Sheikh Hasina, OGNITION who had reportedly agreed to consider the The recent judgment of the Bangladesh Su- inclusion of Adivasi issues in the future conpreme Court in what has come to be called stitution of Bangladesh. On 7 August, 2010, the 5th amendment case, declared the Con- Minister Talukdar hosted a meeting at his stitution (Fifth Amendment) Act, 1979 (Act Dhaka residence, which was participated in 1 of 1979) ultra vires and illegal and in- by all the indigenous MPs and a number of structed the Government of Bangladesh to indigenous leaders from different parts of take legislative measures to revert to the Bangladesh. At this meeting, a Constitutional original Constitution of 1972. This in turn Reform Drafting Committee on Adivasi Is- has re-ignited demands from indigenous sues was formed with this writer as the chair. peoples from different parts of Bangladesh This committee met on 11 August, 2010, for specific and direct recognition of their among themselves, and along with three in- identity and rights in the forthcoming amenddigenous MPs, on 13 August, both at the ment process, as previous demands on the Dhaka residence of this writer wherein some issue had not been met by successive gov- draft proposals were deliberated and unaniernments since 1972 to the present time. The mously agreed upon. The proposals – con- ongoing demands are being articulated and tained in a columned matrix referring to ex- promoted by different groups, in different isting constitutional provisions, desired forums and in different ways. I wish to solely amendment proposals and justification for the discuss in this article the process initiated by same - were refined further and presented to the indigenous members of parliament in a larger gathering in Dhaka on 23 August, August, 2010 and which is still ongoing, and 2010, presided over by State Minister present my views on the appropriate termi- Promode Mankin. This writer presented the nology to be used in the context of reforms. amended proposals, which drew considerable support, along with some friendly criticisms THE ADIVASI MPs’ INITIATIVES and suggestions, among the participants. This The indigenous members of parliament, in- draft – which is being further refined and cluding ministers-of-state, Promode Mankin strengthened - will be annexed to the sequel and Dipankar Talukdar, are known to have to this article (as mentioned in footnote no BB vIyUElt gIEsgI 2011 BB 12 BB
1, supra). It is hoped that the draft will help stimulate healthy debate so that strong proposals are ultimately presented to the constitution drafting committee and to the Government of Bangladesh by political groups, citizens’ groups, organizations and institutions of indigenous peoples and others. INCLUSION OF INDIGENOUS PEOPLES’ RIGHTS The ongoing debate and discussions on the appropriate terminology to be used to refer to the non-Bangali ethnic groups of the Chittagong Hill Tracts (CHT) and those of the “plains” regions of Bangladesh show varied opinions. Whilst variety and pluralism is desirable in many contexts, in the context of possible and imminent constitutional reform in Bangladesh and for the sake of clarity, unity and strategy, the most desirable way forward would be to promote consensus on the use of one set of terms. The use of correct terminology is also important because the term necessarily sets the context of, and defines the parameters of, the rights that attach to the concerned group of citizens it refers to, especially under national (Bangladeshi) law and also to an extent under international human rights law. In English, my humble opinion is that the most appropriate term is ‘indigenous peoples’. In Bengali, the equivalent is ‘adibashi jaatigoshthhi’. At the very least, even if the term ‘peoples’ is not used, we should insist on ‘indigenous’ in English and ‘adibashi’ in Bengali. I shall attempt to justify my opinion through the “process of elimination”, by trying to demonstrate why and how the other terms under discussion or serious consideration BB vIyUElt gIEsgIH 2011 BB are less desirable than are less desirable than ‘indigenous’. These include “upajati” (similar to, but not exactly, ‘tribal’), “khudro nrigoshthhi” (small ethnic groups) and “shongkhya loghu” (minorities). UPAJATI Although ‘upajati’ (literally ‘sub-nation’ or ‘sub-ethnic group’) is probably a direct, and yet etymologically flawed, translation of the English term ‘tribe’/’tribal’, many feel that the former has more racist, derogatory and disparaging connotations than the latter. I am painfully aware of the fact that the term occurs in the CHT Accord of 1997 and in the district and regional council laws of 1989 and 1998. However, we also know that the term was not included on the basis of the free, prior and informed consent (FPIC) of the peoples of the CHT. And in any case, the world, along with Bangladesh, has moved on from 1989 and 1997-98 to today. There may have been some justification for the use of the term “backward” in 1949 (when the Constitution of India was adopted) and, to a lesser extent, in 1972 (when the Constitution of Bangladesh was adopted), as philanthropic practices at the time had not learned to rid themselves of paternalism. At least that is the view of some, although I would not agree with such a view. Be that as it may, in today’s times of democratic norms when nondiscrimination is regarded as a peremptory norm (or jus cogens) of international human rights law, I see no justification to continue to use such terms. Such an epithet may be used with some logic to describe an area’s economic status, or a state of technology (with which too I would have a quarrel, but I forgo that for the moment), in the case of a 13 BB
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aJw bUP<br />
Terminology on Identity:<br />
‘Indigenous’ versus Other Terms.<br />
R a j a D e v a s i s h R o y<br />
Constitutional Reform & Indigenous Peoples’ Rights In Bangladesh – I<br />
H<br />
CONTEXT OF CONSTITUTIONAL REC- recently met Prime Minister Sheikh Hasina,<br />
OGNITION<br />
who had reportedly agreed to consider the<br />
The recent judgment of the Bangladesh Su- inclusion of Adivasi issues in the future conpreme<br />
Court in what has come to be called stitution of Bangladesh. On 7 August, 2010,<br />
the 5th amendment case, declared the Con- Minister Talukdar hosted a meeting at his<br />
stitution (Fifth Amendment) Act, 1979 (Act Dhaka residence, which was participated in<br />
1 of 1979) ultra vires and illegal and in- by all the indigenous MPs and a number of<br />
structed the Government of Bangladesh to indigenous leaders from different parts of<br />
take legislative measures to revert to the Bangladesh. At this meeting, a Constitutional<br />
original Constitution of 1972. This in turn Reform Drafting Committee on Adivasi Is-<br />
has re-ignited demands from indigenous sues was formed with this writer as the chair.<br />
peoples from different parts of Bangladesh This committee met on 11 August, 2010,<br />
for specific and direct recognition of their among themselves, and along with three in-<br />
identity and rights in the forthcoming amenddigenous MPs, on 13 August, both at the<br />
ment process, as previous demands on the Dhaka residence of this writer wherein some<br />
issue had not been met by successive gov- draft proposals were deliberated and unaniernments<br />
since 1972 to the present time. The mously agreed upon. The proposals – con-<br />
ongoing demands are being articulated and tained in a columned matrix referring to ex-<br />
promoted by different groups, in different isting constitutional provisions, desired<br />
forums and in different ways. I wish to solely amendment proposals and justification for the<br />
discuss in this article the process initiated by same - were refined further and presented to<br />
the indigenous members of parliament in a larger gathering in Dhaka on 23 August,<br />
August, 2010 and which is still ongoing, and 2010, presided over by State Minister<br />
present my views on the appropriate termi- Promode Mankin. This writer presented the<br />
nology to be used in the context of reforms. amended proposals, which drew considerable<br />
support, along with some friendly criticisms<br />
THE ADIVASI MPs’ INITIATIVES and suggestions, among the participants. This<br />
The indigenous members of parliament, in- draft – which is being further refined and<br />
cluding ministers-of-state, Promode Mankin strengthened - will be annexed to the sequel<br />
and Dipankar Talukdar, are known to have to this article (as mentioned in footnote no<br />
BB vIyUElt gIEsgI <strong>2011</strong> BB 12 BB
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