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Challenges that are faced by the Indigenous Peoples of Bangladesh. Defining Challenges Indigenous Peoples in Bangladesh Problems the indigenous peoples are undergoing in Bangladesh Root causes of problems and these are the Challenges. **Systematic violation of the collective IP rights.
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Challenges that are faced by the Indigenous Peoples of Bangladesh • Defining Challenges • Indigenous Peoples in Bangladesh • Problems the indigenous peoples are undergoing in Bangladesh • Root causes of problems and these are the Challenges
**Systematic violation of the collective IP rights • Massive devastation of ancestral lands and resources • Privatization of ancestral lands-Real Estate Development projects, eco-tourism, business enterprises
Pollution of water bodies, air and land • Destruction of sacred grounds • Land grabbing • Physical and economic dislocation IP communities • Destruction of peoples livelihood
Trafficking of indigenous women and children(human smuggling) • Serious social problems: prostitution, drugs, alcoholism • Commercialization of indigenous culture and ways of life • Imposition of western culture leading to the weakening or disintegration of IP culture, customary laws and IP systems.
Challenges within the state • IPs yet to be constitutionally recognized. • Democracy : Rule of the majority • No self determination/self rule/self governance • Cultural invasion/imposition • State reluctant to implementing international and regional agreements, deals, bilateral contacts etc.
INTERNATIONAL • Transnational Companies(TNCs): infrastructure development and extractive industries ie corporate mining, energy development, communication and others
International Financial Institutions(IFI), Export Credit Agencies (ECA) and Bilateral Donors/ investors, Banking industry
Policies for Advocacy:Tools/mechanism • International Human Rights Instruments: UHRD, The ILO Covention , 1957 no-107 (ratified in 1972) ,International Covenant on Economic, Social and Cultural rights (05 January,1999), International covenant on Civil and Political Rights( 06 Dece mber 2000), International Covenant on the Elimination of All Forms of Racial Discrimination( 11 July 1979),
International Covenant on the Elimination of All Forms of Racial Discrimination against Women ( 06 December 1998), International Covenant on the Elimination of All Forms of Racial Discrimination against Women Optional Protocol( 22 December 2000), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ( 04 November 1999), Convention on the Rights of the Child ( 02 September 1990),
Convention on the Rights of the Child Optional Protocol PAC( 12 February 2000), Convention on the Rights of the Child Optional Protocol PSC ( 18 January 2000), International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (07 October 1998).
State yet to ratify: ILO Covenant,1989 ( no 169), UN Declaration on the Rights of Indigenous Peoples (passed in the UNGA on 13 September 2008).
UN Declaration on the IP Rights • Right to land and resources: ownership, management and development • Right to self determination: self governance, political systems, development thrust and program
Right to culture, customary laws, socio-political systems • Right to appropriate education, health and social services
Convention of Bio-Diversity • Recognition on the dependence of IPs on biological resources • Equitable sharing of Benefits • Respect, protect, preserve and maintain traditional knowledge.
Principles of FREE, PRIOR and INFORMED consent • FREE:independent decision making process of IP communities, no coercion, manipulation • PRIOR: project cannot start without the decision of affected communities. • INFORMED: vital information about the project, including potential adverse impacts, financial agreements, project
implementation plan, etc is provided to affected people/communities for their use. • CONSENT: decision of the affected communities in their collective consensus.
Safeguard Policies of IFIs • WORLD BANK IP Policy:Operational Policy(OP)4.10 Free Prior and Informed Consultation(FPICon) for broad community support • no complaint mechanism to challenge “broad community support” • allows involuntary resettlement with broad community support
ADBs policy for IPs • broad difinition of IPs-exclusive • supremacy of other Bank Policy ie forest policy • does not recognize land rights of IPs ***ADB-IP Policy currently under review/update a. biased for country system over international standards
b. threat for weaker policy instead of stronger one; integration of all three ADB safeguard policy (IP, environment resettlement) into one omnibus Policy
Core Principles and Guidelines for Policy Advocacy • Recognition and respect for individual and collective rights: adoption and implementation of International Human Rights standards • Free, Prior and Informed Consent • Meaningful participation in all stages of development process:planning, implementation, monitoring and evaluation
Benefit sharing and equity principle • Protection of the environment and people livelihood • Direct accountability and legal obligation of state, corporations and funders. • Transparency of state agencies, TNCs and funders. • Community empowerment and gender equality • Respect for cultural diversity, identity and IP knowledge.
THANK YOU VERY MUCH Raymond Areng Lecturer in English Durgapur Women’s Degree College