Demand for constitutional recognition of ethnic people

Civic groups on Monday demanded specific provisions in the Constitution of the Republic enshrining civil, political and cultural rights of all ethnic minorities.

'It's necessary for building peace,' they said.

They were speaking at the launching of a book containing national and international laws on indigenous peoples hosted by Kapaeeng Foundation and Oxfam-GB at the National Planning Academy. Kapaeeng, a Khumi word of Bandarban means 'right.'

Chakma circle chief Devashish Roy, assistant attorney general Pratikar Chakma and lawyer Shirin Lira, jointly edited the book, 'Compendium on National and International Laws and Indigenous Peoples in Bangladesh.'

Justice SK Sinha of the Appellate Division expressed the hope that following amendment specific provisions would be incorporated in the Constitution enshrining the rights of the country's population groups having their own culture and customs that make them distinct from the country's mainstream population.

Raja Devashish Roy, himself a barrister, said that Constitutional recognition of ethnic peoples, particularly their customary laws and contracts like CHT accord 1997, was a must for upholding rule of law and justice.

Devashish said that for the implementation of the CHT Accord it was essential for it to have constitutional recognition.

Otherwise, he said, the constitutionality of implementation of the CHT Accord and the legality of the regional council formed in according with the Accord could be questioned as it happened recently.

Devashish recalled a recent HC decision which struck down the regional council as unconstitutional.

He said it was, therefore, essential for the CHT Accord to have constitutional recognition.

He said that the HC questioned the legality of the accord as it lacked the recognition.

Raja Devashish said, 'Recognition in the constitution is a must to ensure our rights.'

A former caretaker government adviser, Devashish said that the word 'tribal' and its bangle version 'Upajati' is derogatory and unacceptable.

He said that it would be totally unacceptable to use the term  'tribal' in the amended Constitution to describe the ethnic minorities.

He expressed the hope that the government would use the correct terms to describe and identify the ethnic minorities.   

Former chief justice and caretaker government chief adviser M Habibur Rahman said it would be good for all, not to create new conflicts. 

He said that reconciliation alone could provide a solution.

Justice Rahman called for ensuring the community based right to land and the customary rights of the indigenous peoples.

Oxfam-GB programme manager MB Akhter and programme officer Saikat Biswash, Kapaeeng Foundation chairperson Rabindranath Soren, Human rights and legal education committee chairman ZI Khan Panna spoke, among others.

Source : New Age

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