Indigenous recognition still lacking in Bangladesh

Special Announcement: International Day of the World’s Indigenous Peoples

Indigenous recognition still lacking in Bangladesh

On this, the International Day of the World's Indigenous Peoples, Global Human Rights Defence (GHRD) would like to remind everyone that many Indigenous communities around the world remain unrecognized and unprotected by their governments. In Bangladesh, indigenous Jumma communities continue to fight for recognition of their indigenous status in the national constitution and experience human rights abuses on a daily basis without protection from their government.

Recently, government representatives have proclaimed that ethnic minorities in Bangladesh, particularly the Jumma living in the Chittagong Hill Tracts are “not indigenous” but are rather to be considered as “tribal groups”. The Government went even further and stated that Bangladesh does not have an indigenous population within its borders.
This argument is used to avoid responsibility and defer the focus from their suffering. The unwillingness to recognise indigenous peoples is a commonly used mechanism of Governments to deny their rights and dismiss international scrutiny.

In reaction to this, indigenous peoples, academics and rights groups have recently protested in Dhaka, denouncing these statements and demanding their recognition in the constitution of Bangladesh.

GHRD, along with many international human rights organizations, rejects these statements and maintain that the Jumma clearly meet the available criteria to identify indigenous peoples, they have close link to natural resources, a distinct social, economic and political system, a distinct language and culture, and particularly the most crucial element: self-identification.

On this day, we wish to emphasise the responsibility of all governments and of the Bangladeshi in particular, to protect its indigenous population from destruction, and to provide its vulnerable communities with special protection. The rightful recognition of indigenous status, as well as constitutional protection is one clear and strong indicator of such commitment.

GHRD, The Hague, The Netherlands
9 August, 2011

Dealing with a Burning Issue

Naila Furath was on her way home from school, in Pakistan. She was only 13 years old when she was burnt by an acid attack. Two young men (Irshad Hussein, and Furath`s science teacher: Mazhar Hussein) ambushed the girl and threw a cup of acid-like liquid in her face, which disfigured her for life. Naila`s ‘crime’ was to have refused a man, and to have dishonoured him for rejecting his interest in her. The man punished her by perpetrating an acid attack to avenge his pride. These types of stories are extremely common in Pakistan and are often crimes committed against women, but perhaps now something can be changed due to the recent implementation of a new law on May 11th 2011. Members of the Pakistani Parliament were unanimous in their approval of the legislation.

The Bill in question is called “The Acid Control and Acid Crime Prevention Bill 2010,” (which has become an Act under the aegis of the ‘Code of Criminal Procedure (Amendment) Act, 2011) which stipulates a minimum of 14 years with a maximum of life imprisonment, and a fine of more than 12.000 Euros for those charged with these types of offences. It is important to note that these types of provisions are crucial in paving the way for the abolition of this type of violent assault. Acid throwing attacks disfigure around 200 women a year.

Naila had the courage and determination to let her voice be heard: Hussein has recently been fined 10.000 Euros and her case was brought before the Supreme Court of Pakistan. This particular case was taken into account in order to raise the consciousness of Pakistani lawmakers about the need for specific legislation to punish perpetrators committing acid attacks.

We do have wait and see what type of effect this will have on Pakistani society; whether they continue to perceive acid attacks as an integrated part of their culture or, acknowledge the bill as a legislative tool that can really alter Pakistan’s global image! Lastly, we have to assess whether the Bill will be put into practice as opposed to just being written in theory, but at least we can assure ourselves of the fact that the legislation has now been approved and that citizens are obliged to respect the law. Is Pakistan evolving, only time will tell!

If you would like to find more information on the new law, please click on the link below: http://www.na.gov.pk/private_bills/pvt_bill2010/acid_control_act2010_260110.pdf

Virgina Pierfelice ©

Killing in the Name of...

Osama Bin Laden, the “most-wanted” person by USA, was killed by American forces in his residence of Abbottabad, Pakistan.

Early this year and also in Pakistan, another not so well known fact took place: the Governor of Punjab (Pakistan), Salman Taseer, was assassinated by his bodyguard who objected to his attempts to repeal the blasphemy law, an arbitrary and controversial law that persecutes those who in any way insult the prophet Muhammad. The law is most often used as a tool to persecute religious and other minorities.

There are several obvious differences between these two deaths but there is one common factor we can observe from these killings: they were celebrated by many different groups from different corners of the globe, and many treated the perpetrators of these killings as heroes – in the USA, the killing of Osama was seen as a victory for the war on terror and in Pakistan, the death of Salman Tasseer was viewed as a victory for Muslim extremists.

The right to life and the right to fair trial are human rights which should be respected and upheld. Regardless of the fact that OBL allegedly killed many persons, the man should still have his right to a fair trial preserved, something that was denied him. Despite the circumstances, human rights must remain inviolable.

By celebrating a murder of these two persons, society has emphasized its total disregard for the human rights precepts that apparently govern our society.

By Julia Rodero Castro

From the Himalayas to Limburg, in search of peace and happiness.

Bhutan is portrayed as a peaceful country, where ‘gross national happiness’ is the government’s top priority. However, starting in the early 90s, over 100,000 Bhutanese citizens, mainly Hindu and Nepalese speaking minorities were driven from Bhutan at gun point, and warned that attempts to return would be met with lethal force. Most of them have been living as refugees in U.N.-administered camps in Nepal ever since, denied a future and the most basic human rights. In 2007, the UN refugee agency (UNHCR) launched a resettlement programme, allowing Bhutanese refugees to resettle in various countries. Photo: Peter de Ruiter

The Netherlands receives 500 refugees from various countries each year, and approximately 250 Bhutanese are currently resettled throughout the country, from Friesland in the North, to the South of Limburg. Leaving many of the hardships behind them, new challenges await in adapting to a new culture, learning the Dutch language and eventually find work. The health facilities in the camps are poor, and in the Netherlands they are given the chance to rebuild their life and the right medical treatment.

GHRD currently travels throughout the country, interviewing Bhutanese refugees about their experiences.

One of them is the Khadka family, who moved to a small village in Limburg in 2009. Akil and Til live with son Yog, daughter in law Sabitra, and ten month old grandson. The parents and son fled Bhutan following the detention and torture of Mr. Khadka Sr. Their property was seized and they have lived in a Nepali camp for 17 years. Due to the poor medical facilities, Sabitra endured three miscarriages in the camp, but she gave birth to a healthy son soon after arriving to the Netherlands.

GHRD visited the family together with photographer Peter de Ruiter in their beautiful home with a spacious garden in Limburg. The Khadka family are grateful for the resettlement, and optimistic about their future. They appreciate the Netherlands as a safe, peaceful country with good rules and regulations. “I just want to live a simple life here free from torture. I will get a job, and my child will do better.”(Yog Khadka). Mrs Til Khadka too is optimistic: “ I know there is a future for my son and grandson.” (Til Khadka).

The only thing missing is some of the remaining family members that are resettled in other countries. And a Bhutanese Hindu priest. Akil explains; ”There is no Bhutanese Hindu priest here, I wish they could send one with the next group, so I can practice my religion with a fellow countryman.”

Photos: Peter de Ruiter

Note: Global Human Rights Defence (GHRD) has supported the Bhutanese for years, through projects in the camps and in the Netherlands. As from 2010, GHRD conducts research in partnership with the Dutch Refugee Council (VluchtelingenWerk Nederland), into the situation for the Bhutanese in the Netherlands.

Jahangir Alam Akash; ‘ No one can ever stop me from continuing to fight for the voiceless.’

Recently the ‘Committee to protect journalists’ published its impunity index list of countries were journalists are regularly killed and governments failed to solve the crimes. Bangladesh ranked as the 11th country, a rank higher than last year.

Jahangir Alam Akash is one of those journalists and writers living in exile as a result of his reporting of human rights issues in the country. On numerous occasions he disclosed. the atrocities of the armed forces in cases involving human rights violations, and he has faced at least four politically motivated cases based on false charges as a result.

He was brutally tortured by the law enforcement agencies (RAB) in 2007, and fled to Germany fearing his safety after the Awami League came into power in 2009. The Hamburg Foundation has hosted Mr Akash as a guest for the politically persecuted, for a duration of one year.

Global Human Rights Defence invited Mr Akash to celebrate International Human Rights Day in The Hague, and took the opportunity to discuss the situation for Bangladeshi journalists and to obtain his view on the human rights situation after the national elections. Mr. Akash shared his concerns about the corrupted system, and fears that little has changed despite the return to democracy in Bangladesh.

At the time of the incident when you were tortured, several organisations, like GHRD, Asian Human Rights Commission and Amnesty International lobbied for your safety. What impact did the work of international organisations have on your work, especially the time after you were tortured?

-'In Bangladesh I feared for my life, I felt unsafe and helpless. The support I received from organisations like GHRD, Amnesty International, The Asian Human Rights Commission, Bangladesh Rehabilitation Centre for Trauma Victims (BRCT), meant a lot to me and my family. The pressure that has been put on governments and international bodies, in the form of urgent appeals and other requests demanding my safety and protection helped to ensure the safety of myself and my family. Since the government is still very concerned about its image, the international support and attention that I received through the work of these different organisations was one of the main reasons why I was actually not killed during those two days of torture.’

How would you say is the human rights situation today, compared to the situation during the emergency powers?

- ‘The elections were considered democratic. However, the democracy in the country does not work in practice. Persecutions against religious minorities, extra judicial killings, attacks against journalists and other human rights violations still occurs. The government has been warned by the High Court regarding the situation of the growing and ongoing illegal activities of the RAB. It demanded that the government immediately have all these types of activities banned. But still you can’t see any changes.’

As long as the lack of political will to address human rights violations continues, he sees no possibility to return:

- ‘Because of the widespread corruption throughout the country’s legal instances, I have learned that you cannot depend on the system to serve you justice. The legal, political and governmental system is not strong enough to fight the atrocities and human rights violations. So far there has been no response whatsoever from the government in regards to the torture they subjected me to.’

According to Akash, it is not to be expected that the government will ever recognise or acknowledge these types of incidents:

- ‘The government’s actions are controlled by its political interests and agenda, which obviously overshadows the population’s human rights. The governments way of “handling” the extra judicial killings conducted by RAB forces in the country is an example of this.’

What practical changes do you think the government should undertake to improve the situation?

- ‘The government has some major obstacles to tackle in order to get the human rights situation under control, such as the fact that the country has no working educational system or the gross poverty that prevails in the country. As of right now the judiciary system is not functioning, the main reason is the widespread corruption. The system is filled with corruption, from top to bottom.’

Akash explains further:

- ‘Religion is also present in the politics and Islam is announced as the state religion. The “islamisation” of the government is a serious problem, especially for the religious minority groups and also for the process of building a secular democracy. To remove Islam as the state religion would be a critical step to achieve secularism, which is of great importance to release the tension between religious groups in the country.’

Do you feel optimistic about the future of Bangladesh with the new government?

- ‘The process will be long and time consuming but I stay positive. There are alot of people working and hoping for a better future for Bangladesh. There will come a day of happiness and peace. After coming to Europe I have been able to conduct my work for the people in Bangladesh who are living in oppression, people who are marginalised and who live in poverty.

No one can ever stop me from continuing to fight for these voiceless people’.

To Sue A State

I am watching the peace palace from my office at the ‘NGO building of the Hague’ - the building where Non Governmental and ‘human rights organizations’ are sharing their offices in the city of peace and international justice.

And for the third time in a few months I just faced human injustice at the door step.

A man with rough clothes, a big bag and desperation in his eyes wanted to ‘talk to a human rights organization’ to ‘file a complaint against a country for human rights abuse.’ My heart stops every time. The situation and country are different; what they share is the experience of great injustices, the fear, and despite endless efforts, they have nowhere to turn to for help. They have desperately wandered around, stopped at the sight of the shiny tags with names of organizations such as the ‘UNHCR’ (United Nations High Commissioner for Refugees) ‘UNOY Peacebuilders’ and yes, “Global Human Rights Defence” on the large entrance door.

He had slept outside the door, another night on the streets. He doesn’t want to share the ‘shelter with all the junks’. Its safer on the street. But he is not here for himself. He want to help his friend in Morocco whose refugee status was taken back, kicked out of his home and now lives on the streets in Rabat where he is beaten because he is a Christian. He fears death if he returns home too.

Before hearing his story, I know I cannot help him. I offer a cup of coffee and a few minutes of my time to a man whose life experiences probably outnumber those of all the hundred -something- ‘NGO staff’ with fancy titles in this building.

It makes complete sense that he rings the door bell. The bizarre is: nobody will be able to help him. He has already appealed to Amnesty International, The UN offices in Geneva, the European Court of Human Rights in Strasbourg…. But due to many different and complex reasons, legal, procedural, practical, financial, political: many victims of human rights violations are still left without access to remedies.

I send him downstairs to the UNHCR. I know they cannot help him either.

What’s your caste, madam?

As a human rights defender on a mission in India surely I should not be surprised to discover that the caste system prevails in the country. As repelling as the thought is to me, I was prepared to observe such phenomena. It is common knowledge that social hierarchy is deep rooted, despite the legal prohibition of ‘the caste system’.

However, I did not expect to personally experience ‘casteism’ i.e.to be treated differently due to my ‘position’ in society or even the colour of my skin. It soon became clear to me that my ‘ethnic origin’ was in itself an achievement that was praised. At first I was flattered by the smiles and the interest in my person, after a while I understood that my ‘position’ as a white European contributed to the bows and friendly smiles. My opinion, or rather appearance, was cherished and equalised with an ‘international’ – white-position and thus sometimes considered more important than that of ‘the Indians’.

Whether concerning the press interest in my (read; a white) presence, or the employees in the service sector desire to be ‘at my service’. I was touched by the devotation of the security guard at the hotel, who stood up at their desk every time I appeared with a smile and a ‘hello madam, good morning madam’. Despite my friendly response, they never sat down to relax.

On the last day the guard, encouraged after days of confidence building, smiles and chocolates gifts (for the children I assumed he had), approached me and asked:

“What’s your religion madam?”

A little surprised and stunned by this personal intervention I smiled back and replied: none, sir, I am an atheist. The man looked at me with great surprise, and the reply was a fast:

“What’s your caste, madam?”

The caste system is very much alive.