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Statement on Agenda Item 7: On Post 2015 Development Agenda at the UNPFII 13th Session
22 May 2014, 9:41 am Written by Asian Indigenous CaucusUnited Nations Permanent Forum on Indigenous Issues, Thirteenth Session
New York, 12-23 May 2014
Agenda Item 7: On Post 2015 Development Agenda
Statement delivered by Grace Balawag on behalf of the Asian Indigenous Caucus together with the Asian Indigenous Women's Network (AIWN)
Thank you Madam Chair for this opportunity to share our views on this Agenda Item 7 on the Post 2015 Development Agenda. I take the floor on behalf of the Asian Indigenous Caucus and the Asian Indigenous Women’s Network, and for the Asian Indigenous Peoples Pact and Tebtebba, who have been proactively organizing our constituents in our countries, Asia region and at the global processes in order to understand better and contribute substantively and constructively to the Open Working Group (OWG) on Sustainable Development Goals (SDG) and the Post 2015 development process.
Madam Chair, Members of the Permanent Forum, and Member Sates: Asia is home to two-thirds of the world’s 370 million indigenous peoples; however, Asian Indigenous Peoples are still among the most marginalized and impoverished sectors due to non-recognition of Indigenous Peoples in some countries; and also due to continuous neglect and deprivation of basic social and economic services for IP communities and territories. Aggravating this marginal situation of Indigenous Peoples in Asia, is the current development paradigm of governments, wherein the economic priorities include the resource extractive industries on large-scale mining and logging, mega-hydro electric dams, monocrop industrial plantations, among others, which are being implemented within indigenous customary lands and territories. All these called “development aggression” projects have resulted to violation of basic human rights of indigenous Peoples, including indigenous women and children, to the worst scenarios of killing and criminalizing indigenous leaders and activists who led opposition to such types of large-scale and destructive projects to our lands and resources. These had also caused dislocation and further marginalization of the Indigenous Peoples from our customary lands and territories, and the disruption of the continuing practice of our traditional knowledge, occupations and more sustainable livelihoods.
It is within this context of these Indigenous Peoples continuing concerns and issues, that we would like to raise your urgent attention and support on the importance of effective participation and inclusion of our issues and concerns in the SDGs/Post 2015 development agenda. The Indigenous Peoples’ Major Group has been actively participating in the processes. However, despite our efforts, we note a severe diminishment of explicit and direct recognition of Indigenous Peoples and our multi-faceted issues and rights in the current draft document on the SDG.
Madam Chair, Members of the Permanent Forum, UN Agencies and Member States, we particularly call on your support to the following recommendations in relation to the SDGs/Post 2015 Development Agenda:
1. That the SDGs and Post 2015 Development Agenda should make a separate reference to Indigenous Peoples, and not lumped up with marginalized or vulnerable groups. We have distinct identities as indigenous peoples and we have a legal instrument, the UN Declaration on the Rights of Indigenous Peoples which protect our identity and rights. With over 370 million people who identify themselves as indigenous, it is important for Indigenous Peoples to have a specific recognition within the SDGs/ Post 2015 development agenda. We do not want to face the same mistakes of the Millenium Development Goals, where Indigenous Peoples were invisible. We want to contribute and be active partners in defining and in the achievement of SDGs and the Post 2015 Development Agenda.
2. Inclusion of a target on protecting individual and collective land rights of indigenous peoples and land tenure under poverty eradication: Indigenous Peoples are increasingly losing on a number of issues such as poverty eradication, employment, human rights, culture, health and education. We would like to emphasize that Indigenous Peoples are disproportionately reflected among the very poor and this relates to lack of recognition of our land rights.
3. To focus on the measure of well-being rather than on income alone as most Indigenous Peoples rely on non-monetary forms of income such as subsistence resources from hunting, gathering, pastoralism, and small scale agriculture and farming, which make up to 90% of our livelihoods. Monetary measure of poverty such as the $2/day poverty threshold is not sufficient and can contribute to impoverishing Indigenous Peoples. We should move beyond the single-dimensional mind frame and collectively come up with a formula and indicators that truly reflect the measure of well-being such as access to resources, water, status of health and others.
4. Related to the poverty issue, we would like to recommend to officially recognize traditional occupations as forms of employment as essential to achieving and sustaining Indigenous Peoples' and other communities' well-being.
5. One of the main areas of concern is the lack of attention to culture. Culture is central to indigenous life and our identity and survival as Indigenous Peoples. We would like to see recognition of culture and a more concrete language that would ensure protection of cultural legacy and practices, without which, we can not be identified as distinct Indigenous Peoples. Therefore, we are is asking to include targets that respect and protect cultural diversity, the right and access to culturally appropriate education based on inter-culturalism and bi-linguism, and promote intergenerational transfer of Indigenous Peoples’ cultural heritage, traditional knowledge systems and practices.
6. We are also greatly concerned that the draft SDGs and the Post 2015 development agenda fails to adequately address human rights as a framework for sustainable development. Thinking that human rights is a given is of course a wonderful prospect for the future generations but unfortunately, is not the case in the current political, economic and environmental realities across the globe. With this, we are pushing for a stand-alone goal on human rights and ”zero” targets on discrimination and violation based on gender, age, income, disability, ethnic origin, and etc.
7. Finally, we would like to call on the private sector and international financial institutions to remain accountable and fully respect human rights and the environmental protection. It is extremely important that Indigenous Peoples voices are heard in the context of rights. Therefore, in addition to mandating independent human rights and environmental impact assessments, we are asking to include a target requiring governments, business and corporations to recognize and adhere to principle of Free, Prior and Informed Consent (FPIC) that would provide Indigenous Peoples leverage and a tool to keep our ancestral domains intact and free from encroaching industrial development.
We look forward to participating actively and constructively in the SDG/Post 2015 development process, and to sharing perspectives and examples of best practices of the protection of our individual and collective political, civil, economic, social and cultural rights. Thank you very much, Madam Chair.
WCIP Needs to Move Forward
20 May 2014, 10:11 am Written by Tebtebba, AIWN, ILEPA, CADPI and MPIDOUnited Nations Permanent Forum on Indigenous Issues
Thirteenth Session
New York, 12-23 May 2014
Agenda Item 6: Discussion on the World Conference on Indigenous Peoples Statement delivered by Jennifer Corpuz on behalf of Tebtebba, the Asian Indigenous Women's Network (AIWN), Indigenous Livelihoods Enhancement Partners (ILEPA), CADPI (Centro para la Autonomia y Desarollo de los Pueblos Indigenas) and MPIDO (Mainyoito Pastoralist Integrated Development Organisation)
Thank you Madam Chair for this opportunity to share our views on this Agenda Item. I take the floor on behalf of Tebtebba and its partner organizations, who have been proactively organizing themselves and their constituents in order to understand better and contribute substantively and constructively to the WCIP process.
We support the statement of the Asian, African and Abya Yala Indigenous Peoples' Caucuses on this Agenda Item. Indigenous peoples from our regions remain committed to moving forward with the preparations for the WCIP, consistent with the UNDRIP, including through participation in consultations, interactive dialogues, and by providing comments on the draft outcome document. We call on the President of the General Assembly to set definite dates for the preparatory activities of the WCIP, in consultation with indigenous peoples.
We believe that the World Conference on Indigenous Peoples is an extremely significant event as it is the first of its kind to be convened by the United Nations. We do not agree with calls for the cancellation of the WCIP; we believe that the WCIP should take place as scheduled this year, with the full, effective and equal participation of indigenous peoples, in accordance with relevant resolutions of the General Assembly and the UNDRIP. We wish to reiterate that full, effective, and equal participation of indigenous peoples refers not just to providing space for indigenous peoples at the Conference itself, but also to the provision of adequate resources to enable our participation, as well as facilitation of the issuance of visas to enter the United States. In numerous instances indigenous representatives were not able to participate in crucial meetings taking place in this country because their visa applications were denied.
We support the nomination of Dr. Myrna Cunningham of Nicaragua and Mr. Robert Leslie Malezer of Australia to serve as indigenous advisors to the President of the General Assembly in the WCIP process. Both nominees have a long history of passionately and effectively fighting for the rights of indigenous peoples. We trust them and are confident that they will ably represent indigenous peoples' views in the WCIP consultation process.
It is now past time to move to a substantive discussion on the content of the concise action-oriented outcome of the WCIP, in addition to the procedural discussion that has been taking place. We believe that the Alta Outcome Document, formulated at the indigenous peoples' preparatory meeting last year in the territory of the Saami people in Norway, contains sufficient basis for an action-oriented outcome document of the WCIP. Furthermore, we propose that the themes identified in the Alta Outcome Document should likewise be the themes of the WCIP, specifically:
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Indigenous peoples' lands, territories, resources, oceans and waters.
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United Nations System action for the implementation of the rights of indigenous peoples' rights.
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Implementation of the rights of indigenous peoples,
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Priorities for development with free, prior, and informed consent.
We look forward to participating actively and constructively in the WCIP process, and to sharing perspectives and examples of best practices of the protection of their individual and collective political, civil, economic, social and cultural rights.
Thank you very much, Madam Chair.
19 May 2014
AIWN Intervention on Violence against Indigenous Women in Asia at the UNPFII 13th Session
16 May 2014, 9:57 am Written by AIWNIn behalf of the Asia Caucus, the Asia Indigenous Women’s Network in collaboration with the different indigenous peoples’ and women’s organizations BAI-Philippines (Federation of Indigenous Women in the Philippines), Kapaeeng Foundation and Maleya of Bangladesh, the National Indigenous Women’s Federation of Nepal, National Federation of Indigenous Nationalities, would like to seek your attention on the unabated aggression on the rights and fundamental freedoms of indigenous women in Asia that continue to impede on our full development as women and as peoples, thereby the achievement of the MDGs or the Post-2015 development agenda currently under negotiation.
Information on rape and sexual violence against indigenous women to undermine community solidarity is alarming. In Bangladesh, at least two hundred forty five (245) indigenous women were raped or sexually harassed since 2007, 211 of which took place in the Chittagong Hilltracts, according to reports by the Kapaeeng Foundation, an indigenous peoples’ human rights organization. 19 cases of rape of indigenous persons in the past four months, including 12 children, occurred in the CHT and 2 were subsequently murdered (both in Kagrachari). Earlier used as a weapon of war, violence against indigenous women is now being used to establish a climate of fear and facilitate land grabbing.
In Nepal, we are happy to note reports from the Free Kamlari Development Forum and the National Federation of Indigenous Nationalities that as of 2013, there are about 1,200 Kamlaris rescued from bondage since 2001 in conformity with the state’s Kamaiya Labour Prohibition Act. We commend the state of Nepal for this effort to address this issue of bonded labour which has affected generations of the Tharu indigenous peoples due to impoverization. However, among them, some 100 have reportedly returned into Kamlari servitude due to lack of support services to enable them either to go back to school, employment or income generating activities. An estimated 900 kamlaris in the districts of Dang, Bake, Burdya, Kohlali and Kanchapur still remain bonded to their landlords.
Last April 2, in southern Philippines, some 307 Ata-Manobos families ( 1,353 individuals; 515 children) from their villages in Talaingod, Davao-del Norte were forced to evacuate due to relentless military harassment, human rights violations and indiscriminate firing and aerial bombing around their community. Four pregnant women reportedly gave birth prematurely and a 12 days old baby died from the stress of evacuation. Talaingod is being targeted for a mining, hydropower and oil palm plantation investment. Furthermore, of the 43 documented cases of extrajudicial killingsthe indigenous peoples in Southern Philippines, since 2010, five (5) were women and six (6) children. All these are related to the struggle of indigenous peoples against extractive industries. In the Philippines, military deployment is almost corollary to mining investment interest covering 957,530.86 hectares or almost 1/30 of the country’s total land area. Over half of these are found in the territories and lands of indigenous peoples some of which are also classified as Key Biodiversity Areas.
A glimpse of the situation of indigenous women in Asia reveals that prevailing aggressive development models particularly of extractive industries, mega-hydropower plants, monoculture plantations, etc. in collaboration with armed forces and entrenched by the gaps in implementing policies and programmes has eroded on the dignity and identities of indigenous women in the region. Violence against indigenous women is as intricately related to their collective and individual rights to their land, resources and territories as their wellbeing, cultures and identities are. The aggressive development models has been ravaging not only our lands and resources but also on our persons where mainstream patriarchal culture has been influencing unequal gender, marriage and family relations resulting to domestic violence.
THIS IS NOT THE KIND OF DEVELOPMENT WE WANT!
Our wellbeing spring from the security we derive from the trust and confidence we have on each other as indigenous peoples and communities, our collective lifeways that respect individual differences and from our lands and resources which provides for our and our children’s needs. All these are being undermined by the mere lack of political will to genuinely respect, protect and fulfill the rights of indigenous peoples in the region which is fomenting conflict within and among us.
We call on States:
1) For an immediate demilitarization of indigenous territories. States should instead put their attention to bringing justice to the historical discrimination and violence against indigenous peoples through repeal of policies and programmes that are not coherent with the UNDRIP; States should institute independent and impartial inquiries into human rights violations against indigenous peoples and violence against indigenous women and girls, prosecute and punish the perpetrators and ensure reparations for both victims and survivors of violence.
2) Stop intrusion of private/corporate investments into indigenous territories including landgrabbing through social – engineering and resettlement programmes.
3) We call on concerned international agencies to ensure that international standards are exercised and that their specific policies on indigenous peoples are strictly followed in the implementation of their mandates. This includes providing spaces and resources to empower or support capacity building for indigenous women and girls to be able to address their situations of marginalization and discrimination, ensuring full and effective participation of indigenous women in all levels, processes and matters that affect them including the Post 2015 development agenda and the upcoming World Conference on Indigenous Peoples.
4. We recommend that the UN Permanent Forum closely work with UN Country Teams and the State governments to address domestic violence in the context of each state’s colonial history, political and economic structures and ethnic and cultural diversity towards strategically eliminating all forms of violence against indigenous women. Such strategy should include provision and support for access to justice and culture sensitive reintegration of survivors of violence and families of victims.
5. The UN Special Rapporteur on Violence Against Women to investigate the unabated violence against indigenous women and human rights violations related to their particular struggles as indigenous peoples.
6. We call on our own peoples and communities to recognize and address gender discrimination and violence in the name of tradition.
Contact Person:
Eleanor Dictaan – Bang-oa
Asia Indigenous Women’s Network
This email address is being protected from spambots. You need JavaScript enabled to view it.
Report on Violence against Indigenous Women (January- April 2014) in Bangladesh
15 May 2014, 11:22 am Written by Kapaeeng Foundation
Through its Election Manifesto 2014, present ruling political party of Bangladesh has pledged to ensure enforcement of laws pertaining to violence against women, sexual harassment, discrimination, and trafficking of women and children and to end human rights violations against indigenous peoples. Moreover, it has also pledged to ensure commensurate punishment of the accused persons involved with violence against women during the review of the human rights situations of Bangladesh on 29 April 2013 by the United Nations Human Rights Council. Yet it is really a matter of grave concern that violence against indigenous women has been increased alarmingly in Bangladesh in the contemporary period. In the first four months of the year of 2014, 19 cases of sexual violence against indigenous women in the Chittagong Hill Tracts (CHT) and plain land have been reported so far. Of them, two were killed after rape, nine were raped, seven were attempted to rape and one was abducted. Furthermore, 15 cases of violence against Indigenous women were documented in the Chittagong Hill Tracts and four in the plains. It has been revealed from the cases that most perpetrators are Bengalis and two cases have been committed by members of the law enforcing forces. The recent cases of violence against indigenous women are comparatively higher than any other time in the past. It is mentionable that according to the Kapaeeng Foundation’s Human Rights Report on Indigenous Peoples in Bangladesh 2013, there have been 67 cases of violence against indigenous women and children of which 54 were from the CHT and 13 from the plains in 2013.
The mobile court has punished a perpetrator of rape incident, occurred on 10 April 2014 in the plains to six months imprisonment. Whereas, there have been no example in the context of CHT where the perpetrator is punished. Even though a large number of cases have been filed in connection to the violence against indigenous women, only in few cases police arrested the perpetrators. Most of the time local people handed over the perpetrator to the police, but the police did not arrest any of the culprits by their own initiatives. Moreover, it has been found that though police filed the cases, no adequate measures have been undertaken against such heinous crime so far. Even if police arrest, the perpetrators get released because of the weak charge sheet of the police.
Performing medical test of rape victim is also a matter of great concern. There have been no initiatives taken for medical test of sexual violence cases, especially the rape cases. So far medical test of two rape victims have been done and result came for one report as negative which has not been handed over the victim’s family and the other one has not been published yet. There is an allegation that medical examinations of the rape cases are not done on due time to dissolve the proofs as well as to conceal the fact. It is stated clearly in the Women and Children Repression Prevention Act 2003 that the doctor will be responsible for not doing the medical test on time and such kind of behavior will be considered as misconduct of the doctor.
For example, on 7 February 2014 when a 19 years old Marma girl was raped, the then medical officers at Khagrachari Sadar hospital played a passive role for conducting victim’s medical test. Even a doctor told a journalist that ‘the incident has happened willingly by the victim’. The doctor further added that the similar incident has also been occurred previously by the self will of the victim. Such mind set of the doctor implies stigmatization, negative impression on indigenous women that leads to providing biased medical report. After contacting several times to the doctors the victim family did not get the test report yet. However, through a reliable source, it is learnt that the test produced a ‘negative’ report. Notwithstanding, the perpetrators Shahidul Islam, Mahmubul Alam and Billal Hossain confessed about their misdeeds based on the complaint by the victim. It is mentionable that the perpetrators were caught by the local Bengalis. Despite the confession by the perpetrators of the incident, the medical report was negative. One of the major reasons is that the negative attitude of the doctors and the pressure from influential governmental party upon doctors.
There is a common allegation against the local administration and the police that they try to support Bengali perpetrators of rape cases. The same allegation was also raised for the case of Sabita Chakma, a women who was killed after rape in Khagrachari district on the 15 February, 2014. Police did not refer to the name of suspected laborers intentionally in the rape case of Sabita Chakma. Sabita was killed after rape on the 15th February 2014. The police did not show any interest to arrest the perpetrators.
In the time of the incident, the Bengali settlers Mohammad Razzak from Bhuachari, Zialul Haque from Gajpara, Mohammad Anwar from Bhuachari were collecting sands with the Ferguson tractor from the bank of Chengi River. Sabita’s sandal, swatter, mower and a mower bag was found on the ground near to the place of collecting sand. It was evident from the mark of mobil and oil on Sabita’s body that the laborers were involved in the case. On that day the tractor was being repaired by the settlers on the spot. It indicates that people who were on the tractor were allegedly involved in rape and killing of Sabita Chakma. In the meantime the victim’s husband, Deb Ratan Chakma went to file a case against the suspected perpetrators. No sooner the Bengali settlers heard this; they started creating mobs and began to attack on indigenous peoples’ habitation on 25th February, 2014. On the same day some settlers organized a human chain procession in Bhuachari Settler Para and Shalban locality. After the human chain procession, the settlers encircled Kamalchari Union with communal antagonistic/hostile slogan riding on three Jeeps. They attacked two indigenous women by striking bricks on them. It was the cremation ceremony of Sabita Chakma on that day. When some indigenous boys and men tried to stop Bengali settlers’ miscreant, they became agitated and haunted on the indigenous inhabitants. As soon as the Bengali settlers got Mr. Panekya Chakma (32) alone, they started to beat him with sharp arms. A group of Ansar (para military) came to the spot and one of the Ansar personnel named Rassel also started to beat Mr. Panekya. The settlers again started to beat Ananda Lal Chakma (45) severely. Later on, the local people rescued them and took to a local hospital. On the next day on the 26th February 2014 the settlers again attacked on Betchari in Kamalchari Union. They also destroyed the Buddha statue, tables, mike of “Chaitya Adarsha Buddhist temple” in Christian Para Paschim Adam. When local indigenous people tried to oppose such catastrophe, the two parties, both the settlers and the indigenous peoples engaged into counter attack. As a consequence, three indigenous inhabitants were injured. The local people complained that the attack was planned to divert the situation and protect the Bengali laborers.
A research, conducted by Kapaeeng Foundation in 2013, unearths that the causes behind sexual violence against indigenous women are the communal policy of the state, culture of impunity enjoyed by the culprits, prolonged procedure of legal prosecution and biased environment, lack of legal knowledge among the indigenous population, inexperience of indigenous peoples to continue the legal procedure, corruption and deregulation of the administration and law enforcement agencies trialing the cases of sexual violence, non-implementation of the CHT Accord, paucity of adequate legal and financial support to pursue the cases by the victims and their family members, failure to follow up and review of the cases, lack of security of the victim and victim’s family members, dearth of national human rights organization’sand women’s organization’s commitment to provide adequate support to trial the cases, etc.
The Universal Periodic Review (UPR) of the United Nations Human Rights Council in Geneva has reviewed human rights situation of Bangladesh on the 29th April 2013 in its second session. The UPR session highlighted that the government of Bangladesh affirmed to undertake measures to the full implementation of the CHT Accord, end of the culture of impunity, strict actions to punish the perpetrator who commit violence against indigenous women and children.
The government of Bangladesh pronounced in the UPR that it is determined to the full implementation of the CHT Accord of 1997. Moreover, it mentioned that the government is advancing the implementation process. Further, government stated that the CHT Land Dispute Resolution Commission Act is under process to be reformed and it is going to be presented in the cabinet after the consultation with the CHT Regional Council.
One of the barriers to amend the controversial sections of the CHT Land Dispute Resolution Commission Act of 2001 is lack of government’s commitment. It is noteworthy that at the end of the former government (2009-2013) period, the CHT Land Dispute Resolution Commission (amendment) Bill 2013 was introduced to the National Parliament. However, the Parliamentary Standing Committee on Land Ministry kept it pending. It is crucial to amend the CHT Land Dispute Resolution Commission Act based on the 13point amendment proposals agreed by the CHT Regional Council and the CHT Affairs Ministry for the sake of the security of the indigenous women.
Concurrently, in 2008 and 2014 before the national election, the government promised to establish a separate Land Commission to resolve land problems in the plains in their election manifesto. Nonetheless, it has not taken any significant initiatives to do so.
One of the key objectives to commit sexual violence against indigenous women is to create terror among the indigenous population intrinsically linked to the sexual desire, creation of tension among the indigenous people in order to uproot them from their ancestral lands and ultimately to grab their lands illegally.Even after the 17 years of signing of the CHT Accord the land dispute has not been resolved yet. That is why various types of human rights violation against indigenous peoples such as, violence against indigenous women by the settler Bengalis, continuous attack on the indigenous peoples for the land dispute, killing, arson attack on indigenous villages etc. have been occurring.
In the post CHT Accord period, the major cause of the violence against indigenous women and communal violence is associated to the non-implementation of the CHT Accord. It seems that the government does not come forward to take any adequate action in the context of CHT as it is mostly inhabited by the indigenous population. Simultaneously, with the persistentsupport from the government, the rehabilitation of the Bengali settlers in the CHT, the expansion of the cluster villages of the Bengali settlers, land grabbing, the inclusion of the Rohingya refugees as voters, violation of the CHT Accord by accepting the Bengali settlers as internally displaced persons, issuing permanent resident certificate to the settlers by the District Commissioner, the continuing land settlement and lease to the settlers, etc. have been going on in the CHT.
There has been no illustration where the culprit got absolute punishment for committing sexual violence against indigenous women including rape, killing and abduction in the CHT. Most of the cases the perpetrator remains out of justice. Thus, the victim always is deprived of justice. Such lack of access to justice opens the pathways for the offender to become more interested to do such brutal acts against indigenous women and children.
In recent times, indigenous women are passing days with fear due to the increased propensity of sexual violence committed against them. The family members of an indigenous girl/woman remain tensed and fear until her safe return to home from outside. Despite the government pledged to punish strictly to the peoples who are involved with human rights violation as well as commit violence against women, it has not taken any significant actions for which the situation still remained static.
Therefore, to improve current worried situation of indigenous women, Kapaeeng Foundation and Bangladesh Indigenous Women’s Network (BIWN) forward the following recommendations to the pertinent authority of the state -
(1)To adopt fast and effective initiatives to stop violence against indigenous women and children.
(2)To punish the perpetrators of violence against indigenous women and children.
(3)To provide adequate legal aid, medical support, counselling and compensation to the victim.
(4)To implement the UPR recommendations – elimination of violence against women and culture of impunity that was promised by the government of Bangladesh during the 2nd circle of UPR in 2013.
(5)To fully implement the CHT Accord and for this purpose-
(a)To declare a time bound ‘road map’ for proper and effective implementation.
(b)To form a separate land commission for the indigenous peoples of the plains to recover the dispossessed ancestral lands of the indigenous peoples.
(6)To amend the CHT Land Dispute Resolution Commission Act based on the 13 point amendment proposals finalised by the CHT Regional Council and the CHT Affairs Ministry.
A brief description of Violence Against Indigenous Women from January–April 2014
1. On 5January 2014 a 9 year old Tripura girl was raped byObaidul Haque s/o Nurul Haque Manikchari Upazila under Khagarachari district. No case has been filed in this connection. TK. 12,000 was fined/charged in an arbitration.
2. On 9January 2014 a 13 year old Marma girl was attempted to rape by Aiyub Ali s/o Ajgor Ali in Lama Upazila under Bandarban district. A case was filed with the Naikhyongchari police station. Police released the accused by charging TK. 15,000.
3. On 15 January 2014 a 13 year old Marma child was raped by Jasim Uddin s/o Nurul Islam Nailokkonchari Upazila under Bandarban district. Victim’s father has filed a case with the Naikhyongchari police station. Out of four, one perpetrator was arrested.
4. On 15February 2014 indigenous woman named Sabita Chakma (30) was killed after rape allegedly by Md. Nijam (driver), Md. Razzak, Ziaul Haque and Md. Anwar at Kamalchari union under khagrachari district. A case was filed with Khagrachari police station. ‘Negative’ report found in the medical test. None was arrested.
5. On 18 February 2014 a 28 year old Chakma woman was attempted to rape by Md. Qader, a Warrant Officer of security force at Laxkmichari of Sajek Union under Baghaichari Upazila in Rangamati. No case has been filed. ISPR has denied the allegation and comments - a vested group is trying to create an issue by spreading fabricated information. Even though investigation would carried out and necessary action will be taken if found guilty.
6. On 25 February 2014 a class nine 15 year Marma girl was raped allegedly by Abdul Khalek and Taru Mian at Kumar Para at Amtoli union in Matiranga upazila under Khagrachari district. No case has been filed. Victim was sent to Khagrachari Sadar Hospitl for treatment.
7. On 7 March 2014 a 19 year old Marma girl was gang raped by Shahidul Islam, Mahbub Alam and Billal Hossain Pichlatola union under Manikchari upazila in Khagrachari district. A case was filed with Manikchari police station. Medical test of victim was carried out. ‘Negative’ result found in the report. Local Bengalis handed over three accused to the police.
8. On 14 March 2014 a 13 year old Chakma child was attempted to rape by Md. Ayatullah at Mocchyachara under Panchari upazila in Khagrachari district. No case was filed. None was arrested.
9. On 21March 2014 a 15 year old Marma girl was attempted to rape by Md. Shihab Uddin, Md. Layek, Md. Nasir and Md. Monir Hossain at Betbunia under Kawkhali Upazila in Rangamati District. A case has been filed.
10. On 23 March 2014 a 13 year old Marma girl was raped by Belal Hossain at Tarabunia under at Kalampoti Union under Kawkhali Upazila in Rangamati district. A case was filed. None was arrested.
11. On 26 March 2014 Bharati Chakma d/o Ajay Kumar Chakma was killed after rape by five persons including Tara Mian s/o Tomij Uddin at Korollyachari Headman Para under Mahalchari Upazila in Khagrachari district. Victim’s younger brother Sanjoy Chakma filed a case against five persons including Tara Mian with the Mahalchari police station. Police arrested Johur Ali in this connection.
12. On 2 April 2014 an indigenous woman (19) from Rabidash ethnic community was raped by Haider Ali, a council member of Ghurka Union Council at Buiyagati uttorpara uder Salongga upazila in Shirajgong district. A case was filed. Police arrested Haider Ali.
13. On 3 April 2014 a 16 year old handicapped Chakma girl was raped by Md. Sajib and Md. Shariful Islam at Drungmuk Village in Laxkmichari under Khagrachari district. No case was filed. The settler Bengalis of Moyurkhil cluster village organized an arbitration and the accused persons were battered with stick as punishment.
14. On 4 April 2014 a Patra indigenous woman (35) was attempted to rape by Md. Azizul Haque, Lance Corporal, Para-Commando of military forces at Polaoti village in Khadim nagar under Sylhet district. A case was filed with Shahporan police station. The accused was not arrested.
15. On 5 April 2014 a Tanchangga girl was kidnaped by Dr. Hamja and Dr. Mokhtar from Raju Fattragiri village in Nakkongchari upazila under Bandarban district. No file was filed.
16. On 10 April 2014 a grade X girl belongs Santal community was attempted to rape by Md. Naeem, Md. Shaiful and Md. Rakib at Kadma Fulbari under Godagari Upazila of Rajshahi district. A case was filed with mobile court. The mobile court has been awarded 6 month imprisonment to the perpetrators.
17. On 12 April 2014 a 22 year old woman was attempted to rape by Bitan Barua and three unknown persons at Devasish Nagar in Rangamati Municipality. A case was filed with Rangmati Kotwali police station. Bitan Borua was arrested.
18. On 14 April 2014 a 14 year old Garo girl was abducted and raped by Md. Alif Ahmed, Md. Sher Shah and Md. Ripon at Mohammadpur, Dhaka. A case was filed with Mohammadpur police station. Police arrested three accused persons.
19. On 24 April 2014 a 18 year old Tripura girl was raped by Imam Hossain (25) at Mairungpara at Matiranga Guimara Union under Khagrachari district. No case was filed. Military offered the victim guardian to negotiate in exchange of TK 100,000 instead of filing case.
Kapaeeng Foundation
(A Human Rights Organization for Indigenous Peoples of Bangladesh)
Shalma Garden, House # 23/25, Road # 4, Block # B, PC Culture Housing, Mohammadpur, Dhaka-1207, Telephone: +880-2-8190801
Email: This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.,
Web: www.kapaeeng.org
Statement of Tebtebba and the Asian Indigenous Women's Network (AIWN) on Agenda Item 3: Open dialogue (Governments, indigenous peoples’ organizations, United Nations agencies) at the UNPFII 13th Session
15 May 2014, 9:48 am Written by Tebtebba and AIWNUnited Nations Permanent Forum on Indigenous Issues
Thirteenth Session
New York, 12-23 May 2014
Agenda Item 3: Open dialogue (Governments, indigenous peoples’ organizations, United Nations agencies)
Statement of Tebtebba and the Asian Indigenous Women's Network (AIWN)
Thank you Madam Chair for this opportunity to comment on the main theme of the 13th Session of the Forum.
Indigenous peoples worldwide have a long experience with poor governance, characterized by discriminatory, exclusionary and unjust power relationships and policy decisions. As a consequence, we have been subjected to land dispossession, forced evictions, environmental degradation, loss of livelihoods, cultural deterioration and poverty, and their traditional governance systems have been undermined.
Even today, despite an increasing trend to promote participatory governance, involving the meaningful participation of civil society in policy making and administration processes, indigenous peoples and their organizations keep finding themselves excluded from policy making, budget discussions, program design, implementation and evaluation processes.
The promotion and protection of indigenous peoples' fundamental human rights have made headway during the past three decades. We have the adoption of ILO Convention No. 169 (1989), the declaration of two International Decades for Indigenous Peoples, the creation of several UN bodies dedicated to indigenous peoples' issues, and the work of the UN treaty bodies, culminating with the 2007 adoption of the UN Declaration on the Rights of Indigenous peoples (UNDRIP). At the national and local levels, policy and legal developments have been more uneven. Several countries today have constitutions that recognize the rights of indigenous peoples and 22 countries have adopted ILO Convention No. 169; in a number of countries, comprehensive land claims agreements, treaties or local government legislations have opened up for the possibility of self-government based on indigenous values and traditions. But many of these governments face great challenges when it comes to implementation of the rights and most indigenous peoples still face multiple forms of oppression, marginalization and exclusion.
For instance, the Forum's study on best practices and examples in respect of resolving land disputes and land claims draws attention to the Philippine system for land dispute resolution administered by the National Commission on Indigenous Peoples (NCIP). The Indigenous Peoples' Rights Act of the Philippines (IPRA) is a comprehensive law for the protection of indigenous peoples' rights and is substantially based on the UN Declaration on the Rights of Indigenous Peoples; it is unique in the Asian region. It allows for the demarcation and titling of indigenous peoples' ancestral lands and territories and requires indigenous peoples' (FPIC) before any activity potentially affecting indigenous peoples' rights can take place in their territories. However, good laws do not automatically mean good implementation.
We agree with the observations in the study that NCIP's implementation of the IPRA, including the titling process, involve undue procedural complexities, requiring documentary and other evidential support, which is a heavy burden for remote communities. Further, the NCIP interprets the IPRA in a very bureaucratic manner, to the point that it is no longer consistent with indigenous peoples' customary laws and practices.
A study on the implementation by the NCIP of the FPIC regulations finds that the FPIC process is frequently manipulated in way that reflects the NCIP's self-perception as the “facilitator” of the entry of mining companies and other business interests into indigenous peoples' territories.
In addition, several government agencies that deal with land-titling issued a joint administrative order that suspends the issuance of ancestral domain titles where there are other overlapping claims. It is as though the NCIP is accepting that ancestral domain titles are a lesser form of title than others. Indigenous peoples' cannot agree to this.
Recommendations:
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Governance practiced at the international, national and local levels must be consistent with the UNDRIP, ILO Convention No. 169, and other key human rights standards that recognize indigenous peoples as legal subjects and bearers of individual and collective rights, including the right to self-determination and self-government.
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Indigenous peoples and their representatives must be ensured full and equal participation in all relevant global policy processes and knowledge platforms so their views and concerns can be taken into account and be reflected in declarations, policies, and other documents adopted by these forums
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National legislations and constitutions must fully recognize indigenous peoples’ collective rights, including their territorial rights, as well as their right to determine their own priorities for development.
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States must be proactive in eliminating discrimination and promoting the recognition of indigenous cultures, including their languages, traditional knowledge and practices. States should identify specific measurable targets for the elimination of discrimination and the protection of human rights.
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States and indigenous peoples must cooperate to facilitate the creation of spaces for communication, information and training with the aim of raising awareness and sensitizing public opinion on indigenous peoples and their situation.
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Indigenous peoples must establish their relations with the state, society and the market in a free and self-determined manner
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Indigenous communities must fully recognize the role women play by contributing to the well-being and resilience of their families and communities; by possessing specific cultural and ecological knowledge; and by being key to the inter-generational transfer of know-how. This recognition must be reflected in ensuring women’s right to participate in decision-making.
Thank you very much, Madam Chair.
Congratulations to Vicky Tauli-Corpuz, the next Special Rapporteur on the rights of indigenous peoples
8 May 2014, 10:04 am Written by James AnayaGeneva (8 May 2014) – Today the Human Rights Council appointed Ms. Vicky Tauli-Corpuz to the mandate of Special Rapporteur on the rights of indigenous peoples. Professor Anaya, the current Special Rapporteur said, "I warmly congratulate Ms. Tauli-Corpuz and am confident she will do excellent work as the new Special Rapporteur".
Ms. Tauli-Corpuz, who is from the Philippines, has been active as an advocate for the rights of indigenous peoples for many years, having served previously as the Chair of the Permanent Forum on Indigenous Issues. She will assume her responsibilities as Special Rapporteur and replace professor Anaya the first week of June.
Human Rights Council Appoints 19 Human Rights Experts To Report On Wide Range Of Themes and Country Situations
8 May 2014, 9:49 am Written by The United Nations Office at Geneva
Geneva, 8 May 2014 -- The Human Rights Council today appointed 19 human rights experts to serve as United Nations Special Procedure mandate holders tasked with reporting on a wide range of human rights themes and country situations.
At an organizational meeting of the Council held today, Council President Ambassador Baudelaire Ndong Ella (Gabon) announced his decision to appoint the following individuals to serve in these posts recently left vacant by previous mandate holders, with the exception of the newly created mandate on older persons authorized at the Council’s September session:
Individual thematic mandates -Mr. Juan Bohoslavsky (Argentina) as Independent Expert on the effects of foreign debt; Ms. Rosa Kornfeld-Matte (Chile) as Independent Expert on the enjoyment of all human rights by older persons; Ms. Leilani Farha (Canada) as Special Rapporteur on adequate housing; Ms. Urmila Bhoola (South Africa) as Special Rapporteur on contemporary forms of slavery; Mr. Philip Alston (Australia) as Special Rapporteur on extreme poverty and human rights; Ms. Hilal Elver (Turkey) as Special Rapporteur on the right to food; Ms. Victoria Lucia Tauli-Corpuz (Philippines) as Special Rapporteur on the rights of indigenous peoples; Ms. Maud De Boer-Buquicchio (the Netherlands) as Special Rapporteur on the sale of children, child prostitution and child pornography; and Mr. Michel Forst (France) as Special Rapporteur on the situation on human rights defenders.
Thematic mandate working group members - Mr. Edtami Mansayagan (Philippines) as member from Asia-Pacific States to the Expert Mechanism on the Rights of Indigenous Peoples; Mr. Wilton Littlechild (Canada) as member from Western European and Other States to the Expert Mechanism on the Rights of Indigenous Peoples; Mr. Sètondji Roland Jean-Baptiste Adjovi (Benin) as member from African States to the Working Group on Arbitrary Detention; Mr. José Guevara (Mexico) as member from Latin American and Caribbean States to the Working Group on Arbitrary Detention; Ms. Houria Es Slami (Morocco) as member from African States to the Working Group on Enforced and Involuntary Disappearances; Ms. Alda Facio (Costa Rica) as member from Latin American and Caribbean States to the Working Group on Discrimination Against Women in Law and in Practice; and Mr. Saeed Mokbil (Yemen) as member from Asia-Pacific to the Working Group on the Use of Mercenaries.
Country-specific mandates - Mr. Bahame Nyanduga (Tanzania) as Independent Expert on the situation of human rights in Somalia; Ms. Yanhee Lee (Republic of Korea) as Special Rapporteur on the situation of human rights in Myanmar; and Mr. Makarim Wibisono (Indonesia) as Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.
These appointments by the President of the Human Rights Council are based on proposals put forth to him by members of the Council’s Consultative Group and in compliance with the Council’s institution-building package. The 19 new experts join the ranks of the 51 Special Procedures mandates which periodically report to the Human Rights Council on wide-ranging human rights issues around the globe.
The new mandate holders will assume their responsibilities during the first week of June.
At the onset of today’s meeting the Council observed a minute of silence for the memory of Mr. Marc Pallemaerts, the Special Rapporteur on toxic waste, who recently passed away.
The Human Rights Council will hold its next session, the twenty-sixth regular session, from 10 to 27 June 2014.
Background
The special procedures are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. The system of Special Procedures is a central element of the United Nations human rights machinery and covers all human rights: civil, cultural, economic, political, and social. As of 1 October 2013 there are 37 thematic and 14 country mandates.
With the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), special procedures undertake country visits; act on individual cases and concerns of a broader, structural nature by sending communications to States and others in which they bring alleged violations or abuses to their attention; conduct thematic studies and convene expert consultations, contribute to the development of international human rights standards, engage in advocacy, raise public awareness, and provide advice for technical cooperation. Special procedures report annually to the Human Rights Council; the majority of the mandates also reports to the General Assembly. Their tasks are defined in the resolutions creating or extending their mandates.
For more information about the Special Procedures, please visit the Special Procedures webpage: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx
For more information about the Human Rights Council, please visit the HRC website - http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx
Media contacts: Rolando Gómez, Public Information Officer, OHCHR, + 41(0)22 917 9711, This email address is being protected from spambots. You need JavaScript enabled to view it. and Cédric Sapey, Public Information Officer, OHCHR, + 41(0)22 917 9695, This email address is being protected from spambots. You need JavaScript enabled to view it.
For use of the information media; not an official record
HRC14/059E
245 cases in last seven years saw no justice
4 May 2014, 9:56 am Written by The Daily Star
At least 245 indigenous women have been either raped or sexually harassed in different parts of the country in the last seven years since early 2007 but none of the perpetrators were punished, reveals a report of rights organisation Kapaeeng Foundation.
As the culprits are enjoying absolute impunity, violence against indigenous women is continuing, speakers said at a discussion in the capital's The Daily Star Centre where the findings were shared. The report was based on newspaper reports till April 2014.
In her keynote speech, Kapaeeng's research coordinator Bipasha Chakma said that out of the reported 245 cases of violence, 211 occurred in the Chittagong Hill Tracts alone.
As many as 96 percent of the accused perpetrators were Bangalee settlers, while law enforcers allegedly constituted the remaining four percent, the findings suggest.
Initially, women repression in the hills was used as a "weapon of war" against the indigenous people but it has now turned into a tool for land grabbing, said Bipasha.
She pointed out that in most cases, medical tests gave a negative report denying any sign of rape, as police and other government officials were Bangalee, and they tried to save the perpetrators.
In the last four months, 19 indigenous women suffered sexual violence and 12 of them including children were raped in the CHT. Of the victims, two were killed after rape in Khagrachhari.
Addressing the programme, lawmaker Hajera Sultana said indigenous people should have been given constitutional recognition, which would help them realise their rights.
Shaheen Anam, executive director of Manusher Jonno Foundation (MJF), highlighted that the repression of indigenous women had a different dynamic as the vested quarters targeted them to grab land of the minorities. But the government does not take any proper measure to stop that despite civil society's repeated call for action, she said.
Information Commissioner Prof Sadeka Halim said violence against indigenous women was remaining sidelined as the issue was hardly included in the mainstream women's rights movement.
Barrister Sara Hossain, director of Bangladesh Legal Aid and Services Trust (BLAST), said it had been almost two decades since the abduction of indigenous women's leader Kalpana Chakma in 1996 but a full investigation report never came up.
If the abductors of Kalpana are tried, it would be possible to try such other crimes since the root causes of the denial of justice in these cases are the same, she said.
Abu Sayeed Khan, managing director of the daily Samakal, said the real situation of indigenous women was far worse than what was reported.
Sanjeeb Drong, secretary general of Bangladesh Adivasi Forum, said Bangladesh as a state was not friendly for women and for ethnic and religious minorities.
Rights activist Roslin D Costa, Executive Director of Kapaeeng Foundation Pallam Chakma, Tandra Chankma of Manusher Jonno Foundation, and Joint Convener of Bangladesh Indigenous Women's Network Chanchana Chakma also spoke on the occasion.
Chaitali Tripura, vice chairperson of Kapaeeng Foundation, chaired the programme.
http://www.thedailystar.net/city/245-cases-in-last-seven-years-saw-no-justice-22632
Kapaeeng Foundation
(A Human Rights Organization for Indigenous Peoples of Bangladesh)
Shalma Garden, House # 23/25, Road # 4, Block # B, PC Culture Housing, Mohammadpur, Dhaka-1207, Telephone: +880-2-8190801
Email: This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it.
Rising to the challenge: A witness and a voice for indigenous people
2 April 2014, 11:12 am Written by Victoria Tauli-CorpuzI got the final confirmation from the UN Human Rights Council for my appointment as the UN Special Rapporteur on the Rights of Indigenous Peoples (SRRIP). Just thinking of what this means, overwhelms me.
I was a reluctant applicant as I know the work this position requires and I was not sure that this is what I wanted to do.
I was involved in drafting and negotiating the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) from 1987 until it was adopted in 2007 by the UN General Assembly. But that was only the beginning.
We have to continuously raise the awareness of governments, the UN and the society at large that there is this Declaration that sets the minimum international standards to ensure the survival, dignity, and well-being of indigenous peoples.
The more difficult task is getting States and third parties, e.g. private corporations, to respect, protect and fulfill these rights. This is the daunting task which the Special Rapporteur is mandated to do.
She or he will monitor the human rights situations of indigenous peoples all over the world and promote ways to address the obstacles in implementing the UNDRIP and all relevant international human rights standards.
Implementation gap
The sad reality is that there is still a long way to go before we can say that the UNDRIP is effectively implemented in the Philippines and the rest of the world. There remains a big implementation gap.
Just this month of March, a series of killings of indigenous persons by unknown armed men. Among those who were killed is William Bugatti, a human rights activist and a Tuwali from Ifugao, whom I personally know. He was shot in March 27 in Kiangan, Ifugao while he was riding home in his motorbike.
Then a Tingguian family, Licuben Ligiw (father) and his two sons Edwin and Fermin, were killed in March 2 and buried in a shallow grave in Sukaw, Domenglay, Baay-Licuan, Abra. It was alleged that this was done by members of the 41st Infantry Battalion of the Philippine Army. Bugatti and the Ligiw family were associated with the Cordillera Peoples’ Alliance, the body I used to chair in the early 1990s.
There will be many similar cases which will be brought to my attention when I will assume this post. How will I absorb all these tragic stories and still maintain my objectivity, independence and optimism?
What kind of help can a Rapporteur realistically do with such cases, outside of bringing this to the attention of governments and the UN? What kind of support networks should I reach out to or establish to help me do my work and how to set these up? There will be high expectations from members of indigenous peoples’ movement from this position and I doubt if I can even meet half of these.
These and many other questions come to mind as I ponder on how I will effectively undertake my mandate as a Special Rapporteur.
Evidence needed
It is crucial that indigenous colleagues and human rights activists sharpen their documentation skills so that strong evidences will accompany complaints brought to me. Governments also have to cooperate with the Special Rapporteur.
One of the biggest challenges which Special Raporteur James Anaya identified in his final report is how difficult it is to get governments to officially invite him to their countries to look at the human rights conditions of indigenous peoples. He says that while many States have stated that they have standing invitations to Rapporteurs, it is still not easy to get one. I hope the Philippines will be one of the first countries to officially invite me.
I am very much aware of the great work done by Professors Rodolfo Stavenhagen and James Anaya, the first two Special Rapporteurs. In 2002, I helped organize the official country visit of Stavenhagen to the Philippines. I took part in some of the dialogues they held with indigenous peoples and others.
They have significantly raised the bar of what Rapporteurs can do. I need to build upon the achievements of these two men, both of whom I regard in high esteem.
My experiences of more than four decades as an indigenous activist doing community organizing, movement building and advocacy for human rights of indigenous peoples and women will no doubt help me.
Drafting and negotiating the UNDRIP and being the Chairperson of the UN Permanent Forum on Indigenous Issues (UNPFII) from 2005-2009 are additional experiences which will come in handy. Strong support from indigenous peoples and governments, NGOs, the UN system, the academia and also faith-based groups and donors will be needed to sustain the task of a Rapporteur. I look forward to the conversations with all these groups.- http://rappler.com/
Five indigenous girls and women raped in a month in Khagrachari, law- enforcing agencies continue to offer impunity to perpetrators
20 March 2014, 10:32 am Written by Kapaeeng Foundation
Since the incident of killing of Sabita Chakma allegedly by some Bengali settlers on 15 February 2014, five indigenous women and girls were subjected to the sexual violence in different places of Khagrachari district. Except three rapists of a 19-year old Marma girl in Manikchari upazila on 7 March 2014, no perpetrator was arrested by the police. Even police did neither arrest, nor tried to arrest any perpetrators of Sabita Chakma killing.
Systematic production of negative results as always, this time two medical investigation reports — killing after rape of Sabita Chakma and rape of another 15-year old Marma girl also found negative. Another medical test report of gang rape of a 19-year old Marma girl in Manikchari upazila is yet to be published. As usual, authority of Khagrachari district hospital is trying to avoid providing the medical report of this incident in order to save the perpetrators, though perpetrators of this gang rape confessed their misdeed before police and public.
It is alleged that the killing case of Sabita Chakma was manipulated and made deliberately weak by the police to save the perpetrators, using ignorance of Sabita Chakma’s husband, Deba Ratan Chakma, the complainant of the report. On 15 February in the evening, Deba Ratan Chakma, along with the name of suspected Bengali labourers and other necessary information went to the police station to file a case. But they failed due to power outage. However, they handed over they names of the suspected Bengali labourers to the police and then left police station for home. In the night, police composed statement/deposition excluding names of suspected labourers and took signature of Deba Ratan Chakma when he reached at police station on 16 February in the morning. As a result, the alleged killers are scot-free and concerned authorities are yet to take any action against them.
It is mentionable that the biggest concern in rape and other violence against indigenous women in Bangladesh is the lack of access to justice and absolute impunity that perpetrators enjoy. In rape cases, the victim ends up going through further harassment from the side of the administration and law enforcers. There have been instances where doctors at hospitals have refused to give indigenous women medical examination or delayed the medical treatments so that the evidences disappear. There is intimidation from the security forces. There have also been complaints about police delaying/refusing to take the case and many have been too fearful to file cases due to this. These and many other administration-led intimidation and harassment ultimately result in the perpetrator getting away with his crime.
A teenage indigenous girl gang raped in Manikchari
Right before the day of International Women's Day, on 7 March 2014 at around 12:30 pm, a 19-year old indigenous girl was gang raped by a group of three Bengali settlers of Pichlatala union under Manikchari upazila in Khagrachari district. Police arrested Shahidul Islam (25) son of Samsul Haque, Mahbub Alam (27) son of Sohrab Howlader, and Billal Hossain (24) son of Fazlur Farazi in this connection.
It is learnt that the victim, who work as a domestic worker in Chittagong district, went to Khagrachari town for a visit in the morning on the day of the incident. After visiting for few hours in the town, she took a Feni bound bus and got off at a place named Jaliapara to catch a Chittagong bound bus to go to her home in Manikchari. Accordingly she managed to catch a Chittagong bound bus from Jaliapara. When the bus reached Gobamara areas, the supervisor of the bus asked for fair. In response, she offered him TK. 10 instead of regular fair of TK. 15 as she did not have any more money left in her purse. But the supervisor nagged her to pay Tk. 15 and forced her to get off the bus at some point.
Some Bengali settlers at a nearby tea stall noticed this incident and asked what had happened. She explained the incident to them and said that she did not have any money left with her to return home. Then they called a local motorcycle driver named Shahidul Islam belonging to Bengali settler community to send her home.
When Shahidul and the indigenous girl reached Pichlatola areas, Shahidul spoke to Sohrab and Billal over mobile phone, and told her that since he did not possess a driving license, they would have to take an alternate route through the jungles. After a little while along that jungle road, Shahidul and Billal appeared as planned over phone. Then all three of them raped her forcibly and left alone in the jungle.
Afterwards, she managed to walk all the way back to Gobamara and informed local Bengali settlers about the incident. The culprits were immediately captured by the locals, led by UP Chairman Abul Kalam, and handed over to the police. The girl was sent to the Khagrachari General Hospital for medical examination on the same day. Medical examination report is yet to be published. The doctors is refusing to provide report.
A case was filed with Manikchari police station by Mr. Chi Thoai Marma, son of Kajo Marma, a relative of the victim. The court sent the perpetrators to the jail.
An indigenous Marma girl raped in Matiranga
On 25 February 2014 at around 11:00 am, an indigenous Marma girl (15) was raped by two Bengali settlers at Kumar Para of Amtali union under Matiranga upazila in Khagrachari district.
It is learnt in the morning on the day of the incident, the victim went out to nearby bush areas to collect wild vegetables. On her way back home two persons named Abdul Khalek, 22, son of Rahim Mian and Mohammad Taru miya, 23, son of late Lal Mian, both from Ramshira Para under Matiranga upazila, belonging to Bengali settler community forcibly raped her. Later the victim was rescued by locals after she they heard her scream.
The victim is a resident of Amtali village and a student of class nine at Khagrachri Technical School and College.
An indigenous woman attempted to rape by security person in Sajek
On 18 February 2014, an indigenous Chakma woman, 28, was attempted to rape allegedly by security person in Laxmichari areas of Sajek union under Baghaichari upazila in Rangamati district.
On the day at around 12:00 am, warrant officer named Md. Kader and one of his bodyguards from Laxmichari camp went to Laxmichari bazaar in order for buying firewood. Later they went to the house of victim near to the market. At that time, the victim was present there alone. Finding her alone, warrant officer Md. Kader took the advantage of the absence of her family members and embraced the victim from the back without her permission and accordingly attempted to rape her. Being suddenly the indigenous woman shouted and people from surrounding areas came to rescue her. Other military personnel immediately rushed to the spot when they got to know about the incident.
On 21 February 2014, Inter Service Public Relation Directorate, at a press briefing, denied the occurrence of this incident. The press release said that there was a misunderstanding in relation to the incident occurred on 18 February. Press release claimed that misunderstanding arose after a patrol of Laxmichari army camp arrived at victim’s house, which was later terminated at the presence of local people; but a vested group was trying to use this issue by distorting and exaggerating the incident. It further stated that Bangladesh army ensued an investigation of the alleged incident soon after they had been notified. And commensurate disciplinary action would be taken against the alleged military personnel if allegation can be proved.
Attempt to rape of an indigenous minor girl in Panchari
On 14 March 2014, a 13-year old indigenous Chakma girl was attempted to rape by a Bengali settler named Mohammad Aitullah at her home in Logang Machchhochara under Panchari upazila in Khagrachari district.
It is learnt that at around 1:30 pm on the day of the incident, Md. Aitullah of Logang Cluster Village in Panchari went to collect bamboo from a forest next to victim's village. While he was passing by the house of Chokhkala Chakma, Md. Aitullah thought the victim was alone at home and tried to rape her forcefully. At that time the victim shouted out and her father Ranakkya Chakma got awake from his sleep. Soon after he came out of his room, Md. Aitullah managed to scape. It is notable that the victim is an intellectually disabled person.
The news of the incident spread immediately after of its occurrence. Later Mr. Jalatkar Chakma, Chairman of Logang Union Council; Md. Lokman, a Member of Logang Union Council and other important persons of Logang areas, along with police, went to visit Chokhkala Chakma’s house. Since Chokhkala Chakma is a financially insolvent person, he did not wish to file a case with police. He rather preferred to receive justice from the society.
For this reason, on 17 March 2014, an arbitration was held at the presence of above-mentioned persons of Logang areas where following decisions were made to provide BDT 5000 by the Union Council and BDT 5000 by the perpetrator to the victim as compensation. It is also decided that Md. Aitullah would be produced to another arbitration within a week; otherwise Chairman of Logang Union Council would file a general diary with the police station.
Kapaeeng Foundation
(A Human Rights Organization for Indigenous Peoples of Bangladesh)
Shalma Garden, House # 23/25, Road # 4, Block # B, PC Culture Housing, Mohammadpur, Dhaka-1207, Telephone: +880-2-8190801
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web: www.kapaeeng.org