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Thursday, February 12, 2009
HRCBM-Dinajpur's protests against 'madrasa' on temple land continue
Thursday, November 6, 2008
Bangladesh High Court ordered Rule Nisi on government hearing HRCBM writ on Vested Property Act
The High Court division of the Supreme Court of Bangladesh delivers its Rule Nisi upon the Government on the Enemy Property ( Continuance of Emergency Provision) ( Repeal) Act 1974 and subsequently promulgated Arpita Sampatty Protapyan Ain 2001 and cicular, administrative orders.The order calls upon the respondent to show cause as to why instructions issued in the contents of presidential order 29 of 1972, act 45 and 46 of 1974, ordinance No. 92, 93 of 1976, Arpita Sampatty Protapyan Ain 2001 and circulars issued by government that are in contradiction with the fundamental rights and the charter of declaration of Independence of Bangladesh, 10 April 1971, should not be declared to be ultra vires the constitution.The Rule Nisi also stated why the properties so far incorporated in the list as Enemy (Vested) property should not be returned to the title holder/ successor/legal possession holders and or such other or further order or orders passed as to this Court may seem fit and proper.The Rule is made returnable within 4 weeks from the 28th October 2008.
This may be mentioned that as High Court Division of the Bangladesh Supreme Court bench comprising Mr Justice Syed Mahmud Hossain and Mr Justice Qumrul Islam Siddique deliver the Rule Nisi upon the Government of Bangladesh on 28 October 2008HRCBM- Bangladesh represented by its Secretary General Rabindranath Trivedi filed the Writ under Article 102 of the Constitution of the People's Republic of Bangladesh.Former Deputy Attorney General Barrister Nikhilesh Dutta and Senior Advocate S N Goswami moved the case for the petition and Deputy Attorney General Mr Razik Al Jali for the respondents. This may be mentioned here that Human Rights Congress for Bangladesh Minorities (HRCBM), an NGO possessing special consultative status with the Economic and Social Council of the United Nations, has by its Bangladesh Chapter's Secretary General Mr Rabindranath Trivedi, who is an ex additional secretary to the Government of Bangladesh, filed a writ petition to the High Court Divisions of the Supreme Court of Bangladesh on the complete abolishment of Vested Property Act. It is alleged that interest groups of political parties in power and individuals by making use of this Vested Property Act, continue to confiscate properties belonging to the minority Hindu community, and indeed to do so with the complicity of the authorities and the influential people.The Vested Property Act represents a major source of insecurity and of human rights violation against the Hindu community in Bangladesh. It is clear that the Vested Property Act (VPA) is detrimental to minorities and to the religious harmony of Bangladesh.It may be recalled that VPA derives from the Enemy Property (Custody and Registration) Order II of 1965, promulgated in Pakistan following a brief war between India and Pakistan in September 1965. This order was directed against the Hindu minority (perceived as an enemy), and was used as an instrument for appropriating land belonging to Hindus accused of supporting India.After Bangladesh won independence from Pakistan, President of Bangladesh in his Order No-29 of 1972 ,changed the nomenclature to Vested Property Act, without altering the contain of the law. The Government of Bangladesh has, within the framework of this law, taken possession of property declared to belong to the enemy, by appropriating the property of members of the Hindu minority who had migrated to India, or by appropriating the property of people who were heirs or co –owners.It is learnt that the bench constituted with Justice Mr. Khademul Islam and Justice Mr Masuk Hossain Ahmed of High Court Division of the Supreme Court of Bangladesh, have received the writ petition for hearing.Former Deputy Attorney General of the Supreme Court of Bangladesh and a renowned lawyer Barrister Nikhilesh Dutta will move the writ case on behalf of the petitioner.
Monday, August 18, 2008
Report on Situation of Indigenous Peoples in Bangladesh
PCMS and HWF organise roundtable on national women dev policy and indigenous women's rights
Report Submitted by Kapaeeng Watch (A human rights group for indigenous peoples)
Jagannath Hall, Dhaka University Dhaka, Bangladesh
Aungkyew Mong, Coordinator
E-mail: kapaeeng.watch@yahoo.com
On 18 July 2008 Parbatya Chattagram Mahila Samiti (PCMS) and Hill Women's Federation (HWF) jointly organised roundtable conference on national women development policy and indigenous women's rights at VIP Lounge of national press club in Dhaka. Presided over by vice president of PCMS Ms. Jyotiprova Larma, the roundtable was attended by president of Bangladesh Mahila Parishad Aiyesha Khanam, general secretary of Bangladesh Economics Association Abul Barakat, Dhaka University teacher Dr. Sadek Halim and Dr. Meghna Guhathagurta, women affairs secretary of Bangladesh Awami League Dr. Dipumoni, president of Karmajibi Nari Ms. Shirin Akhter, human rights activist Rosaline Costa, president of Parbatya Chattagram Mahila Samity Madhabi Lata Chakma, general secretary of Bangladesh Indigenous Peoples Forum Sanjeeb Drong and president of Dhaka Journalist Association Shah Alamgir as discussant. On behalf of PCMS and HWF, Nishi Dewan read out a paper on national women development policy and indigenous women's rights. General Secretary of HWF Ms. Shashwati Chakma conducted the roundtable. The speakers of the conference urged the indigenous women to launch a united movement with the mainstream organisations to establish the rights of the indigenous women. They urged the major political parties to incorporate the issue of rights of the ethnic minority groups in their respective manifestos. The speakers criticised the government for not taking into consideration the indigenous women's rights while formulating the National Women Development Policy 2008.
The PCMS and HWF placed a 10-point charter of demands that included followings-
- To insert a separate clause in the National Women Development Policy specifying the rights of the indigenous women;
- To take opinions from indigenous women's organisations for the same;
- To reserve seat in the parliament for the indigenous women;
- To introduce reserved seats in the local government bodies for indigenous wome;
- To ensure participation of the indigenous women in local and national developments;
- To undertake special measure for education of indigenous women and introduce primary education through mother tongue for indigenous children;
- To generate employments for indigenous women;
- To provide special training to promote interpreteneurs for indigenous women and provide loans with less interest or without interest;
- To take special measure for stopping violence against indigenous women; and
- To implement policy agenda of PRSP with an aim to ensure socio-economic development of indigenous women.
Rat Invasion: Hill people still suffer from food shortage
The Daily Star, Friday, 25 July 2008
Indigenous people in many remote villages in Chittagong Hill Tracts (CHT) will have to suffer from lack of food grains for at least two more months until the next harvest if the government does not provide them with food. Many families in the CHT districts including Bandarban, Khagrachhari and Rangamati are now living on wild potato, arum and green leaves after rats invaded the areas last year and early this year and destroyed all their crops leading to this famine-like situation. The government and donor agencies provided them with rice immediately after the rat invasion, but that was adequate for only a month or two, they said, adding that the next harvest is due in October. "It has become very hard for us to buy rice at Tk 30 per kg as we do not have any income here," said Thiam Khub, a Bowm from Ruma Thanchi village. People in Darjeelingpara, a Bowm village at the foot of the Keokradong, are living on boiled pumpkin leaves and rice. The family of Karbari (the village chief) said none in the villages can afford boiled leaves and rice more than twice a day. They said initially they bought rice selling their cattle and poultry. But now most of them have nothing left to sell. Following bamboo blossoming last year rats invaded many CHT areas and destroyed almost everything edible. This forced many indigenous people to leave their villages. Talking to the people from Ruma Thanchi, Sungsangpara, Anandapara, Wykangpara, it was learnt that rats ate all their rice, ginger, maize, turmeric, peppers, pumpkins, oil seeds and cotton. The government provided each family with 15 kg rice while the UNDP and World Food Programme provided 30 kg rice per family in the affected areas, the locals said. But the aid exhausted within two months or just one month in the case of a bigger family, they said. Mostly Bawm, Marma, Tripura and Murung communities live in these remote villages. These people generally grow everything they need and just have to buy kerosene and salt from the market. Thiam Khub now works in the jum and weaves. He said he can weave a "thurang" in two days and sell it for Tk 100 at Ruma Bazar, about eight hours' walk from his village. But with this amount he can hardly buy 3 kgs of rice. "I am having a very hard time because if I weave thurang, I cannot work on jum," he said. "We have already sold most of the cattle in our village to buy rice. Many of us now have nothing to sell and are living on wild potatoes, arum or other wild roots," said Chandiram Tripura of Anandapara. About the relation between rat infestation and bamboo blooming, wildlife expert Dr Reza Khan said rats lose their habitats when bamboo plants die after blooming. "So, the rats come out of the bamboo bushes and attack crops," he said. As bamboo generally blooms in 20-40 years, he suggested cleaning the bamboo bushes accordingly so that bamboo cannot bloom..
Involvement of ethnic minorities demanded to conserve forests
New Age, Dhaka, Friday, 25 July 2008
Academics, experts and environmentalists on Thursday stressed the need for amendment to the 81-year-old forest act by ensuring participation of the ethnic minority community people living in the forests for its effective conservation. They observed that the forest laws had become outdated and conservation of forests would not be possible without ensuring active participation of the ethnic minorities living there. 'The rights of adivasis to forests must be ensured through amendment to the forest laws,' Syeda Rizwana Chowdhury Hassan, programme director of the Bangladesh Environment Lawyers' Association, told a workshop on 'Madhupur Shal Forest and Rights of Adivasis' at CIRDAP auditorium in Dhaka. The association arranged the workshop in collaboration with Joyenshahi Adivasi Unnayan Parishad. 'According to the preamble of the Forest Act 1927, the goal of the laws was not to conserve the forest. The law was formulated to serve the interest of the colonial rulers. It must be changed as it hinders the conservation process,' she said. She called upon the government to formulate laws that would institutionalise the rights of the ethnic minorities. The government's step to replace shal trees with alien species such as eucalyptus and acacia were resulting in gradual disappearance of Madhupur Shal Forest, she observed. Special assistant to the chief adviser Raja Debashis Roy said the government was mulling over brining amendment to in the forest laws. He urged all to create awareness among all of the issues so that the political governments could take effective steps to conserve the forests and ensure the rights of the ethnic minorities. Speaking on the occasion, Ain-o-Salish Kendra executive director Sultana Kamal said, 'The adivasis have remained deprived of justice for long both from the society and the state. Unless the rights of the people living in the forest can be analysed and understood properly, the problems will not be solved.' Atiq Rahman of the Bangladesh Centre for Advanced Studies said ethnic minority community people living in the forests need to be involved with the conservation of forests. Presenting a slide show on the rights of ethnic minorities on the forest laws, Professor Sadeka Halim said, 'Amendment to the Forest Act 1927 to provide different types of co-management should be done after consultation with the adivasis living in the forests and the civil society.' A proper review of land ownership and variety of other ownerships since the British rule and customary ownership is the prerequisite to the implementation of the social afforestation programme, she added. Conducted by Nijera Kari coordinator Khushi Kabir, the workshop was also addressed by former lawmaker Promod Mankin, adivasi leader Subhas Jeng Chaam, filmmaker Ronald Halder, Modhupur upazila nirbahi officer M Parvez Rahim, forest department director Shah-e-Alam and adivasi leader Sanjeeb Drong. Joyenshahi Adivasi Unnayan Parishad president Ajoy A Mree delivered the welcome speech.
Indigenous students demand higher quota in institutions
The Daily Star, Saturday, 26 July 2008
Adibasi Students' Association in Rajshahi University, an organisation for indigenous students, at a freshers' reception held at the university central cafeteria on Thursday urged the caretaker government for increasing quota of indigenous students at all educational institutions including the university. Association president Mukul Kisko presided the reception while it was attended by former president Arab Toppo as chief guest and former executive member Dipok Ekka as special guest. Indigenous students demanded their constitutional recognition and ensuring rights to education in their mother language. They urged the government to form a body to look into their problems including those of underprivileged communities. They demanded an equal opportunity like Bangalee students in educational and other government sectors. They urged the university authorities to ensure residential facilities for them as well as increasing their scholarships.
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Tuesday, August 12, 2008
HRCBM's Litigation against Government of Bangladesh on Vested Property Act

High Court Division
(SPECIAL ORIGINAL JURISDICTION)
WRIT PETITION NO. 6092 OF 2008.
IN THE MATTER OF
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
-AND-
IN THE MATTER OF :
Human Rights Congress for Bangladesh Minorities, Bangladesh, represented by its Secretary General, Rabindranath Trivedi.
------------ Petitioner.
-VERSUS-
1. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka.
-2-
2. The Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka.
3. The Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka.
-------------- Respondents.
-and-
in the matter of:
The Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 which received the assent of the then President of People’s Republic of Bangladesh on 1st day of July, 1974 and which was deemed to have come into force on the 23rd day of March, 1974 vide and subsequently promulgated Awc©Z m¤úwË cÖZ©¨vcb AvBb,2001 vide Annexure A & A1.
-3-
To,
Mr. Justice M. M. Ruhul Amin, the Honorable Chief Justice of Bangladesh Supreme Court and his Companion Justices of the said Hon’ble Court.
The humble petition on behalf of the petitioner above named most respectfully –
SHEWETH :
1. That the petitioner, Human Rights Congress for Bangladesh Minorities, Bangladesh, represented by its Secretary General, Rabindranath Trivedi (former Additional Secretary, Government of Bangladesh) is a permanent citizen of Bangladesh and who is working to increase awareness about Human Rights and filling public interest litigation in case of violation of fundamental rights Human Rights.
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Monday, August 11, 2008
Press Release: HRCBM's Writ petition against Vested Property Law at Bangladesh
HRCBM- National Chapter
[An ‘NGO in Special Consultative Status with the Economic and Social Council of the United Nations’]
SWAMI BHOLANANDAGIRI ASHRAM TRUST
12 K M DAS LANE, IKATOOLY, DHAKA-1203
BANGLADESH
Telephone: 88029557590, 88027119977 Fax: 8802 9568589
www.hrcbm.org
e-mail : info@hrcbm.org , hrcbm.dhaka@gmail.com; hrcbm_bangladesh@yahoo.com
PRESS RELEASE
Dhaka, 11 August 2008 :
Human Rights Congress for Bangladesh Minorities (HRCBM), an NGO in special consultative status with the Economic and Social Council of the United Nations, has by its Bangladesh Chapter‘s Secretary General Mr Rabindranath Trivedi, who is an ex additional secretary to the Government of Bangladesh, filed a writ petition to the High Court Division bearing Writ Petition No 6092 of 2008 on Sunday the 10th August 2008.
According to the reliable source that the bench constituted with Hon’ble Justice Mr. Khademul Islam and Hon’ble Justice Mr Masuk Hossain Ahmed of High Court Division of the Supreme Court of Bangladesh, have received the writ petition for hearing.
The Vested Property Act represents a major source of insecurity and of human rights violation against the Hindu community. It is clear that the Vested Property Act (VPA) is detrimental to minorities and to the religious harmony of Bangladesh.
Former Deputy Attorney General of the Supreme Court of Bangladesh and a renowned lawyer Barrister Nikhilesh Dutta will move the writ case on behalf of the petitioner.
It may be recalled that VPA derives from the Enemy Property (Custody and Registration) Order II of 1965, promulgated in Pakistan following a brief war between India and Pakistan in September 1965. This order was directed against the Hindu minority (perceived as an enemy), and was used as an instrument for appropriating land belonging to Hindus accused of supporting India.
After Bangladesh won independence from Pakistan, President of Bangladesh in his Order No-29 of 1972 ,changed the nomenclature to Vested Property Act ,without altering the contain of the law. The Government of Bangladesh has, within the framework of this law, taken possession of property declared to belong to the enemy, by appropriating the property of members of the Hindu minority who had migrated to India, or by appropriating the property of people who were heirs or co –owners Furthermore, to this day, interest groups of political parties in power and individuals continue to appropriate property belonging to the Hindu community, and indeed to do so with the complicity of the authorities and the influential people. In a significant number of cases, Hindus are dispossessed of their property, even when they are the legal owners of such assets. At least two million acres of land have been seized from Hindu landowners under Vested Property Act.
Tuesday, June 24, 2008
Trend of Silent Genocide: Institutional oppressions on Bangladesh Minorities: HRCBM's presentation before EU Parliament

A speech before the EU Pariliament at the forum titled “SOS Bangladesh- Informal Hearing on the Alarming Human Rights Situation in Bangladesh ” held on Thursday, June 12th, 08.
Speaker:
Mr. Manik Paul,
Executive Director, HRCBM-EU Directorate, Brussels, Belgium
Ladies and gentlemen, the basic tenets of a civilized society are Human Rights, Democracy and Religious Freedom. These are all potentially in danger in Bangladesh at the hands of the religious extremists, those who have been working in tandem to transform Bangladesh into Taliban model Islamic theocracy.
Human Rights is the basic rights and freedoms to which all human being are entitled irrespective of their colors, faiths, languages and races. Atrocities against Bangladesh religious minorities in the form of violence, intimidations, killings, gang rape, forcible conversion and deprivation from ancestral homesteads have been taking place since long but systematically, institutionally and silently.
It is extremely alarming that the Instruments of minority repression have been gaining strength and more legitimacy with the support of governmental institutions and a few political parties.
Minorities are always been targeted to brutal persecution in Bangladesh. Unfortunately, as a matter of general practice the society look into the issue as ‘tolerable atrocities’. The famous international journal “The Economist” described the plight of the minorities as – “Bangladesh’s minorities are safe only in the departure lounge”.
Ladies and Gentlemen, we should acknowledge that these are the heinous crimes against humanity. These are the crimes intent to vanish a vast population of a religious minority group from their motherland. Considering the number of effected victims it is one of the largest silent genocide of the 21st century.
Let me explain, why this issue is labeled as “Silent Genocide”. According to the Article 6 of the International Criminal Court Statute, The crime involves, "any acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. I think the definition is very clear and "intent to destroy" is a requirement for any act to be labeled as genocide.
At this point, I would like to discuss how an infamous legislative instrument is still being used as a tool of oppression to raze out minority population from their homeland.
Enemy Property Act, a criminal act was implemented by the Government of Pakistan against its own Hindu citizens during Indo-Pak war in 1965. That infamous decree allowed the Pakistan Government to confiscate property from any Hindu deemed as an enemy of the state. Unfortunately, even emergence of secular Bangladesh couldn’t do anything better than to rename “Enemy Property” as “Vested property”. Ironically, same infamous decree found its way to become an instrument of persecution of Hindu population in the independent Bangladesh.
Research shows, in its 40 years of existence, Hindu minorities have been dispossessed of more than 2.5 millions acres land through this discriminatory law. Total 62% of Hindu families in Bangladesh have been affected by the Enemy Property Act. In fact, in 70’s my family was also dispossessed from our ancestral homestead.
Now, Bangladesh is an independent country, meaning Bangladesh is neither a part nor a successor of Pakistan since March 26, 1971. Also neither Bangladesh nor India declared any war against each other. Therefore the question is that , how enemy of Pakistan becomes the enemy of Bangladesh and for what purpose other than persecution do these laws remain in force? Logically, properties of Rajakars should be the Enemy property as they were the enemies of Bangladesh at the time of liberation war.
Let us see, who are the beneficiaries of this legislative decree? Prof.Abul Barkat, a renowned economist of Bangladesh, says - Political elements, locally influential people in collaboration with the land administration, use of force, fake documentation, death or exile of original owners have contributed to the phenomenon. Ironically, beneficiaries of the land grab through the act cut across all political party lines. Prof. Barkat showed, most of the direct beneficiaries of appropriated properties are affiliated by the major political parties.
Ladies and gentlemen, in this important forum , it is my rear opportunity to focus on a major human rights violation issue against minority women and children. Such violation seriously undermines the human dignity and values which is incomparable with the loss of properties or human lives. Since last two decades, rapes of minority women and children have extensively been using as a tool of oppression. Most of the time, perpetrators are backed by the law enforcement and judiciary personals and also aided by the local political elites and fundamentalists.
Through 1991 and 2001 election victory, BNP-Jamat coalition developed a Gang Rape culture where minority women and children were the potential victims. Scores of minority women were raped. In some cases, they were gang raped in front of their relatives. A caretaker government supported by the UN and European Union came to the power on January 11, 2007 with the promise to eradicate the Islamic extremisms and political corruptions to revert Bangladesh to a secular and pluralistic democracy. Over a year and a half have passed but no any action has yet been taken to stop minority persecution or reverse the ongoing Gang Rape culture.
Ladies and gentleman, with grave concern I need inform you that only last month alone, 7 cases of gang rapes and abductions were reported. In all incidences, Police were reluctant to register cases. Nevertheless, they insisted the victims to cooperate the perpetrators. These are a few of numerous unreported Gang Rape incidences in Bangladesh.
After the assassination of the founding Father Bangabandu Sheikh Majibur Rahman in 1975, the campaign of religious & ethnic minority persecutions resumed with pre-1971 level of intensity. It was officially licensed through the 5th and 8th amendments of the Constitution. On June 9, 1988, Islam was declared to be the state religion which was perceived by the Islamic extremists as a license of minority repressions.
In 2006, Human Rights Congress for Bangladesh Minorities filed a writ before Bangladesh High Court for the protection of minorities. Despite the favourable ruling from country’s highest court, Bangladesh Govt. is yet to implement the court order.
Statistics shows that Minority population in the country was 38% in 1951 where as about 12% were estimated in 2006. If we consider the normal birth rate of the population, statistically missing Minority population in Bangladesh since 1951 would be around 25 million till the date. Numerically, this is the triple of Belgian population.
Ladies and Gentleman, definitely migration is not the solution of the problem. Progressive political parties and civil societies of Bangladesh have to work together with other civilised international communities to combat against fundamentalism and minority repressions.
A secular pluralistic democracy is necessary in Bangladesh to reverse the tides of the Islamic militancy and migration of minority population. Otherwise, Bangladesh will be turned into another Afghanistan in a short span of time.
Respected Members of the European Parliament, Minorities of Bangladesh urge you to extend your influence to Bangladesh’s caretaker government to take necessary measures for saving the soul of the 25 million minorities, before vanishing from their ancestral homeland. Your effective intervention in this Continuing Silent Genocide is indispensable.
Thank you all for patience hearing.
SOS Bangladesh hearing at EU Parliament: media reports
Event: SOS Bangladesh - Informal Hearing on the Alarming Human Rights Situation in Bangladesh .
Location: European Parliament, ASP A3G3, rue Wiertz 60, 1047 Brussels.
News Reports
http://www.european-agenda.com/events/21841.php
http://story.londonmercury.com/index.php/ct/9/cid/b8de8e630faf3631/id/370382/cs/1/
http://www.german-info.com/press_shownews.php?pos=Politics&pid=239
http://news.kify.com/world/europe/eu_forum_expresses_concern_over_bangladesh_s_human_rights_situat.html
http://www.newkerala.com/one.php?action=fullnews&id=72537
http://news.webindia123.com/news/Articles/World/20080613/973218.html
http://www.indiaenews.com/europe/20080613/124798.htm
http://www.andhravilas.com/Newsdetail.asp?id=165240&curPage=2
http://www.news.keralaglobal.com/readFullNews.php?ID=142735
http://in.news.yahoo.com/indiaabroad/20080613/r_t_ians_wl_europe/twl-eu-forum-expresses-concern-over-bang-ef5d19c.html
http://samachaar.in/International/EU_forum_expresses_concern_over_Bangladesh's_human_rights_situation_42423/
http://www.zeenews.com/articles.asp?aid=448572&sid=SAS


