South Asia’s rape scourge and moral degradation

Parents protest against the school authorities after a eight-year-old girl was allegedly raped by a school boy, at the Sacred Heart Convent School in Beas in India's Punjab state on December 16, 2019. (Photo by Narinder Nanu/AFP)

Seven years after the brutal gang rape and death of a college student on a bus in India’s federal capital New Delhi, a Court issued an execution order for four convicts on Jan. 7.

The 2012 barbaric assault on a 23-year-old medical student triggered massive street demonstrations and a nationwide reckoning over rape and sexual violence against women in India.

It led to changes in the anti-rape law, including the introduction of the death penalty. But changes in legislation have done little to change the scenario in India.

In 2018, India was ranked the most dangerous country in the world to be a woman due to the high risk of sexual violence and slave labor, according to a global survey by the Thomson Reuters Foundation.

Each day on average, some 100 women are raped in India. In 2016, India recorded 39,608 rape cases, at least 520 of them of children below the age of six, according to data released by the National Crime Records Bureau.

Bangladesh's dismal human rights record even murkier in 2019

A suspect inside a vehicle following a court verdict last October that sentenced 16 people to death over the murder of a 19-year-old female student who was burned alive last April in a crime that provoked outrage across Bangladesh. (Photo: AFP)

Rights activists including a leading church official have blamed poor law enforcement, a culture of impunity and negligence by state agencies for the increasing violations of human rights in Bangladesh.

In 2019, Bangladesh faltered in stopping human rights abuses such as extrajudicial killings, rape and sexual violence and curtailing of freedom of expression, according to a report by Ain-O-Salish Kendra (ASK), a rights watchdog based in Dhaka, published Dec. 31.

The human rights situation overview was based on media reports and ASK investigations.

Bangladesh recorded 388 extrajudicial killings and enforced disappearances in 2019, slightly lower than 466 cases in 2018, the ASK report said.

Rape cases almost doubled, from 732 in 2018 to 1,413. A total of 76 women were killed after being raped and 10 committed suicide, the ASK report revealed.

Some 487 children were killed and 1,696 were tortured in 2019, up from 419 and 1,011 respectively in the previous year.

A total of 1,087 children were raped or sexually assaulted, a massive rise from 444 cases in 2018.

Mob beatings claimed 65 people, most under the suspicion of being child kidnappers.

A total of 142 journalists were abused and harassed by law enforcement agency members, influential people, public representatives, miscreants and ruling party leaders and activists, mostly by exploiting repressive sections of the 2018 Digital Security Act.

Bangladesh faces spring of discontent ahead of election

Bangladesh Nationalist Party (BNP) leader Khaleda Zia speaks at a press conference in Dhaka on Feb. 7. She proclaimed her innocence of corruption ahead of a court verdict that authorities fear could spark violence. (Photo by Munir Uz Zaman/AFP)

February is one of the most pleasant months in Bangladesh. Besides enjoyable weather, it features a month-long book fair and a commemoration program dedicated to Language Movement heroes of Feb. 21, 1952. It also showcases the colorful spring festival, Valentine's Day and many other cultural feasts.    

But this year, February has come to make Bangladeshis visibly tense and scared.

After a few years of relative peace and stability, Bangladesh is bracing for a political storm poised to hit the entire Muslim-majority nation of 160 million.

A Dhaka court is due to deliver a verdict on Feb. 8 in a corruption case against Khaleda Zia, chief of the Bangladesh Nationalist Party (BNP), the second largest political party. 

Why Bangladeshi elections are a time for violence against minorities

Hindus walk past a burned down house after a Muslim mob attack in northern Bangladesh in this file photo

A rally of 19 minority rights' groups in Bangladesh has condemned "ethnic cleansing" of Rohingya Muslims in Myanmar.

The rally also called for protection of minorities in Bangladesh, particularly Buddhists, amid rising anger against Buddhist-majority Myanmar.   

The mass gathering was held in the capital, Dhaka, on Sept. 14.

By some estimates, more than 400,000 Rohingya have fled Myanmar's Rakhine State as refugees since a new round of ethnic violence flared in late August.

Islamic radicals have reportedly threatened to avenge persecution of Rohingya, prompting the Bangladesh government to beef-up security in the Buddhist-majority areas of Cox's Bazar and Chittagong.

No relief for Bangladesh's most vulnerable communities

An elderly female tea-plucker works in one of Bangladesh's many tea gardens in this file image. (Photo by Mufty Munir/AFP)

There are many venerable communities in Bangladesh, among them suffering the worst are those working on tea plantations in conditions akin to slavery, the Biharis who are scorned for siding with West Pakistan during Bangladesh's Liberation War of 1971 and the stateless Rohingya who have fled neighboring Myanmar.

These communities find themselves facing dire challenges with historical roots that are hard to untangle.  

Indigenous peoples struggle for survival in Bangladesh

An indigenous Garo girl lights a candle in Dhaka, Aug. 8, 2016, to mark the International Day for the World’s Indigenous Peoples. (ucanews.com photo)

Two disastrous events in the past month have once again highlighted the vulnerability of indigenous peoples in Bangladesh.

On June 2, a Bengali Muslim mob, enraged by the alleged murder of a local politician by indigenous men, attacked their villages at Rangamati district in the Chittagong Hill Tracts. The violence reportedly left seven villagers killed, dozens injured and 300 houses destroyed, with police confirming two deaths. Among some 300 accused, only a dozen attackers were detained.

The ridiculous failure to protect indigenous peoples from violence is a prime example of state negligence toward them.

Two weeks later, deadly landslides hit southeast Bangladesh, badly affecting the Chittagong Hill Tracts in particular. Over 160 were killed, dozens injured and thousands lost their homes. Most of the victims were poor indigenous people.

This was a disaster waiting to happen. Just days before, Cyclone Mora had lashed its wild tail, causing massive deforestation and cutting off the hills from Bengali Muslim settlers. The fatalities surpassed the 2007 landslide that killed 127 when it struck the same region.

The goodwill, support and sympathy from government agencies, rights groups, environmentalists and media in the wake of the communal violence and landslides will soon run out until another disaster strikes again. Hope for justice and remedy in those cases will soon blow up in smoke. After all, indigenous people in Bangladesh have a long history of political, economic and social discrimination at the hands of the state and mainstream Bengali society.

The forgotten people

In 1971, when Bangladesh gained independence from Pakistan, the political leadership was obsessed with Bengali nationalism that helped propel the independence movement and engender war. Thus, in the first constitution of 1972, the new nation accepted religious pluralism but denied ethnic and cultural diversity. The ethnic minorities were forgotten in the charter, despite the fact that many of them fought against the Pakistan army side by side with Bengalis and took the brunt of the violence.

Nearly half of these ethnic communities live in the plain lands in the north, south and coastal regions, while others live in three hill districts: Bandarban, Rangamati and Khagrachhari, otherwise known as the Chittagong Hill Tracts. Until the 1991 national census, they were completely disregarded.

Even in the most recent 2001 census, they were erroneously enumerated. The government calculated between 1.5 and 2 million people, belonging to 25 small ethnic groups, as part of Bangladesh's population of 160 million. 

Indigenous leaders claim the number of groups is 45. However, independent researchers estimate the figure to be as high as 90 groups contributing a much larger population of 3 million. 

A struggle for recognition

The unique ways of life, cultures, traditions and heritage of the ethnic groups are extremely valuable to Bangladesh's history and multi-cultural identity, but they face increasing threats against their survival and struggle for recognition.

Constitutionally unrecognized, they are driven toward the edges and made to feel destitute. Forced to abandon their ancestral homes, they long for the forests that have been cleared and their lands that have been grabbed by Bengali people. This has led to a dislocation from their land, culture and history and a forced migration to the towns and cities in search of work. Bengali society has imposed its lifestyle and identity on them.

In 2010, at the time a constitutional amendment to citizenship identity was proposed, indigenous leaders appealed to the government to recognize them as "indigenous peoples," only to be rejected. Instead, they were given the new identity of "small ethnic groups" in the Small Ethnic Groups Cultural Institutes Act of 2010 leaving their identity in obscurity.

Our constitution guarantees equal rights to all people irrespective of race, caste, creed and religion but does not recognize non-Bengali ethnic minorities as distinct cultural groups.

The charter recognizes Bangladesh as an ethnically and culturally homogeneous nation of Bengali people whose national language is Bangla or Bengali. It calls for "establishing a uniform, mass-oriented system of education" which undermines the struggle of ethnic groups for protection of their culture and language from hegemony of Bengali language and culture.

Bangladesh is a signatory of the International Labor Organization's Convention on Indigenous and Tribal Populations (No. 107), but it has not ratified the Convention of Biological Diversity (No. 169) that contains more-detailed protective measures for indigenous peoples.

This country is governed by a strong, anti-indigenous nexus of ruling elite, bureaucrats, political parties, ultra-nationalists and bigots. They continuously put barriers up against the recognition, development and empowerment of indigenous peoples.

"No indigenous peoples"

The United Nations declared 1994-2004 as the First International Decade for the World's Indigenous Peoples and 2005-2014 as the Second International Decade for World's Indigenous Peoples. Annually, Aug. 9 has been designated as the International Day for the World's Indigenous Peoples.

This international day has never been officially celebrated in Bangladesh and the government perpetually discourages private celebrations. Political leaders, ministers and government officials claim there are "no indigenous peoples" citing historic references that say there were "no such groups" in this land before the 17th century.

The statement is based on a misguided interpretation of the label of indigenous.

The United Nations defines indigenous peoples as those "practicing unique traditions, they retain social, cultural, economic and political characteristics that are distinct from those of the dominant societies in which they live."

Yet, our ethnic minorities still struggle for official recognition. Moreover, Bengali society often taunts them with the term "tribal" that they deem derogatory.

Time and again, ethnic groups such as the Garos of the Modhupur forests, the Santals in the north and Khasis in the northeast have faced threats of eviction, torture and even death over land disputes. Hamstrung by their lifestyles, indigenous people live modestly, are illiterate and ignorant of state economic or political processes. Many of them have lived on ancestral lands for decades but don't possess documentation for land rights. This helps to explain why they are susceptible to fraud and forgery, and have progressively lost their lands.

A double minority

The Chittagong Hill Tracts make up the country's only mountainous region, which borders India and Myanmar and is home to some 25 ethnic groups. The majority are Buddhists but there some are Christians.

Outside the Chittagong Hill Tracts, indigenous peoples don't typically have political parties. Where they do, they are often engaged in in-fighting and rivalry, which prevents them from truly safe-guarding their communities.

Ultimately, the fringe communities are politically marginalized, insecure and under-represented, seriously limiting their access to socio-economic development.  

The indigenous peoples are mostly non-Muslims—Buddhists, Hindus, Christians and ancient religions — making them a double minority. Some ethnic groups such as Garo, Khasis, Santal and Tripura, are largely Christian. Four out of the country's eight Catholic dioceses are predominantly indigenous.

Often the Catholic Church stands beside the indigenous people to protect their lives, livelihood and culture. Thus, the church also faces the ire of the state machinery and opportunist Muslims. In 1967, Archbishop Lawrence Granner of Dhaka was forced to leave the country after he strongly criticized state-sponsored communal riots against indigenous peoples.

In the Chittagong Hill Tracts, Islamic radicals sometimes accuse the church and church groups of acting as agents of foreign countries and fueling unrest to secede the region to create an independent country. Fearing backlash, the church works with indigenous people silently, sometimes compromising the interests of the people to save them from the threats of Bengali Muslims.

In general, indigenous peoples are poor, have little access to resources, are progressively losing their lands and properties, and continuously face social, political, cultural exploitation, discrimination and harassment. Constitutional and legal protections should be applied to help uplift them from their current struggle for survival. Support from aid agencies and civil society groups also play a vital role for their development and empowerment.

At a minimum, indigenous peoples deserve to be recognized as equal citizens to their fellow Bengali countrymen and given their entitlements to rights so they may prosper as equal human beings.

END

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Land grabbing drives lawlessness and deaths in Bangladesh

An indigenous Santal man in Dinajpur district (Photo: Rock Ronald Rozario)

In separate incidents last week, a tribal Santal man was murdered, and an Oraon woman was gang raped by Muslim men in northern Bangladesh. A local member of the ruling Awami League Party was charged and arrested for the rape.

In Rangpur district, 10 policemen guard Christ the Savior Catholic Church after an armed attack on priests and nuns, allegedly by a Muslim mob, on July 7.

Asaduzzaman Saja Fakir, a member of the opposition Jatiya Party, known for his anti-tribal and anti-Church activities, is thought to be behind the attack. For years, the Church has resisted Fakir’s attempts to illegally occupy a piece of land owned by a Church-run school.

On July 24, police in Naogaon district exhumed the body of Ovidio Marandy, a top government official and tribal Santal Catholic, for a post-mortem.

Marandy, 32, was a vocal opponent of land grabs. Prior to his death on January 11, he had clashed with Abul Kalam Azad, an Awami League parliamentarian from Govindaganj in Gaibandha district accused of grabbing some 40 hectares of land from local tribal people since the 1980s.

Before he was buried, Marandy’s family noted that neither his injuries nor the damage to his vehicle matched the “road accident” story. It took more than six months for them to secure a post-mortem.

Meanhwile, seven tribal Oraon Catholic men are languishing in jail after they were falsely charged with the murder of a Muslim man in Bolakipur area in Dinajpur district in June last year.

Azizur Prodhan and his cousin Mofazzal Prodhan, also a member of the Awami League, have been in dispute with tribals in the area over land that they say they purchased legally nearly 40 years ago, and allegedly instigated an attack on local tribal Catholic villagers.

The man whom they say was murdered died of a heart attack during the counter-attack. Franciscan Father Jerome Rozario, assistant pastor at Mariampur Catholic Church, claims the Prodhans bribed police and doctors to get a medical certificate claiming that it was murder.

Five different cases, but all have one common cause – battles over land. Police made arrests in each case, but justice is likely to be elusive.

The victims are Christian and non-Christian tribal people, from predominantly tribal areas. In at least four out of the five cases, the aggressors wield considerable political clout.

Denial of justice

Hunger for land is inevitable in Bangladesh, a nation of 160 million people crammed into just 147,570 square kilometers.

A population boom has fueled the hunger. This largely agricultural, Muslim-majority nation has lost vast areas of land due to the demands of housing, urbanization and industrialization.

“About three million civil and criminal court cases are rolling in Bangladesh judiciary, and 75 percent are related to land disputes,” said Shamsul Huda, executive director of the Association for Land Reform and Development, a Dhaka-based advocacy group.

In this low lying river delta country, the shifting of rivers, an outdated land record system, forgery and corruption are blamed for many of the land disputes. With the legal system still too expensive and with little government incentive, the poor and marginalized are often denied justice.

“Our legal system is discriminatory, anti-poor and anti-indigenous people,” Huda said. “It always favors the rich and powerful. They can go to police and bribe them and they can even influence the judiciary. But the poor can do nothing. In 99 percent of cases true justice is never done.”

Christians, the majority of them Catholics, make up less than half a percent of the population, and nearly half of them belong to ethnic tribal groups.

Most tribals migrated from various Indian states during British rule to work as agricultural and day workers. The British gave them land to live on and cultivate, mostly with verbal permission. This paperless allocation has contributed to many of the current conflicts with Muslims.

“In the past, there have been dozens of attacks from land grabbers on tribals, and at least 10 Christians have been killed. No case has seen justice yet,” said Nirmol Rozario, secretary of the Bangladesh Christian Association. “This culture of impunity encourages more attacks.”

Rabindranath Soren, president of the Jatiya Adivasi Parishad tribal rights group, says about 140 tribal people have been killed and more than a dozen tribal women raped for their land in the past four decades. It has forced some 10,000 tribal people to migrate to India.

“Tribal people face systematic violence for land, but the government and local administration are apathetic towards them,” Soren said. “Our constitutional right to live as equal citizens of the country is being violated but no one seems to bother.”

Rights activist Rosaline Costa from Hotline Human Rights Trust says that for the most part, political parties lose nothing by neglecting tribal people.

“It is easy to make them a scapegoat,” she said. “They are a double minority because they are poor and tribal. They don’t have power and money to fight land grabbers who are often backed by political parties.”

More than a century ago European missionairies purchased huge amounts of land for each parish they set up in Dinajpur and neighboring Rajshahi. This makes the Church a target of land grabbers as well.

Sonatan Das, a junior lawyer and secretary of the Land Commission in Dinajpur diocese, says there are currently 52 court cases regarding land disputes between the Church and Muslims in Dinajpur.

Initially, the local government and administration show sympathy to tribal people when they face violence, but the situation changes when attackers wield their political and financial influence.

Outdated land records and discriminatory legal system

In 1950, the government fixed the ceiling for individual land ownership at 13.48 hectares. In 1984, a Land Reform Act reduced the ceiling to 8.1 hectares in an effort to carry out agrarian reform and divide the country’s land more evenly.

But the country’s elites never followed the rule and never returned excess land to the state. Moreover, there has never been a ceiling system for urban areas.

“Rich people can own 20 apartments or 20 multi-storied complexes in a city like Dhaka, and there is no law to restrict them,” said Huda.

About 1.3 million hectares of government owned lands are currently held by influential elites, according to the Land Ministry.  

Bangladesh’s land records registration system is still paper-based and outdated; it makes corruption and forgery easy. Often, landowners find that their property has been sold to others without their knowledge and they are forced to go to court to get the land back.

Cases linger for years and families are often forced to spend huge sums to recover property. Often this requires selling other property, ultimately leaving them landless.

In 2000 the government passed a legal aid act to help poor people in legal cases, but beneficiaries are very few. “Less than five percent of people get this sort of legal aid,” said Huda. “In most cases, they often hesitate to go to court, fearing further troubles.”

While Finance Minister Abul Maal Abdul Muhith recently said the land records system is being computerized and modernized, activists are skeptical about real progress.

“Updating the land records system won’t in itself change anything,” said Huda. “The whole system should be changed, including the law and trial system.

“The land law must be changed to make it eligible to favor rich and poor equally. There should be land tribunals in each district of the country and also in the Supreme Court. The land cases should be resolved quickly and no case should take more than two to three years,” said Huda.

“Once it is done, 75 percent of the court cases will be gone within 10 or 15 years. But this will require lots of effort from the government, and they must do it for good.”

END

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Bangladesh police make arrest in killing of tribal villager

Tribal villagers carry the body of a fellow villager allegedly murdered by Muslims over a land dispute in northern Bangladesh (Photo: Antuni David)

Police in the Dinajpur district of northern Bangladesh arrested one person after a tribal Santal farmer was beaten to death by Muslim men on Saturday, allegedly over a long-running land dispute.

Dhudu Soren, 52, the father of four, died in a hospital in neighboring Rangpur district on Saturday after being beaten and stabbed by a group of Muslims, allegedly led by Abdul Goffar, while on his way to a local market in Khalippur village.

Over four decades Goffar’s family has been in dispute over 2.74 acres of land owned by Dhudu’s family. A legal battle in the court is ongoing.

Dhudu’s family members allege that in 1971 Dhudu’s father Fagu Soren and in 2011 his brother Gosai Soren were victims of secret killings by Goffar’s men.

“A case was filed against eight people by Dhudu’s son Robi on Sunday and we arrested Goffar’s wife. The other accused, including prime suspect Goffar, have fled the area and we are trying to locate and arrest them too,” said Mohammad Amirul Islam, of Nwabganj police station in Dinajpur.

Islam said they found serious injuries to the hands and legs of Dhudu before his body was sent for a post mortem. “The culprits used bamboo sticks and a knife to attack him. We have seized the weapons.”

Thousands rally in Bangladesh against attack on nuns

Catholic nuns join a protest rally in Bangladesh's capital Dhaka over recent attack on Catholic nuns in the country. (Photo: Rock Ronald Rozario)

Thousands of Christians protested across Bangladesh on Monday following an attack on nuns in the north of the country earlier this month.

About 2,500 Christians were joined by Muslim and Hindu groups in Rangpur, where the attack took place.  At least 50 men armed with knives and iron bars assaulted and injured two nuns on July 8.

“No way can we accept this heinous attack on these dedicated people,” Father Anthony Sen, secretary of the Justice and Peace Commission in the Catholic diocese of Dinajpur which covers Rangpur, said at the protest. "The culprits must be brought to book immediately and prosecuted in a fast-track court. The government must ensure that this kind of incident never takes place again and that the security of minorities should be guaranteed.”

There were also smaller rallies in other cities across the country including the capital Dhaka, where nuns held hands and lined major roads.

Violence, apathy imperil journalists

A sudden and sharp rise in attacks on journalists recently has raised several questions about press freedom in Bangladesh’s fledgling democracy.

Three attacks against journalists by police and others have been recorded since last week, showing how vulnerable the press is in the country.

Over the weekend police beat and badly injured three photojournalists from the Bengali daily Prothom Alo, allegedly for driving a motorbike on the wrong side of the road in Dhaka.
The photographers were on assignment to cover a protest by female students at a state-run polytechnic institute.

The incident made headlines across the country and the policemen involved were temporarily suspended.

But a statement by a state official reveals the depth of the problem. “It is better for journalists to keep away from the police during protest rallies to avoid clashes and violence,” said Shamsul Haq, state minister for home affairs, said at a press conference last week.

In a much more disturbing incident earlier this week, a gang of a dozen or more unidentified attackers wielding machetes stormed the head office of bdnews24.com, a bilingual national news agency.

At least nine reporters and other staff were injured, with three in critical condition.
Police arrested three suspects in connection with the attack, with one admitting he belonged to the Jubo League, the youth wing of the ruling Awami League.

In response to the bd24news.com attack, hundreds of angry journalists took to the streets and formed a human chain in front of the National Press Club in Dhaka yesterday to protest the attacks.

They demanded justice for the victims of the attack within the next six days, adding that they would submit a memorandum to parliament demanding the formulation of laws to better protect members of the media.

That same day, however, police assaulted three court reporters in Dhaka.

Local newspapers reported suggested that the police officers involved were enraged over the journalists’ work in exposing police harassment of a young girl and her parents.

These are only recent examples of the estimated hundreds of attacks against members of the press in Bangladesh.

According to statements by police, local media and hospital officials, at least 13 journalists have been killed and 150 more have been injured since 2008, when the Awami League-led coalition came to power. An additional 370 were allegedly tortured or abused by police in the same period.

The murder of journalists Sargar Sarwar and Meherun Runi at their home in Dhaka in February shocked the country and spurred nationwide protests.

Authorities have yet to make any arrests or identify suspects. And yet again, a public official – this time, Prime Minister Sheikh Hasina – made a revealing and embarrassing statement.

“The government can’t guard anyone’s bedroom,” she said after the double murder.

The New York-based Committee to Protect Journalists (CPJ) ranks Bangladesh as among the worst (at No 11) in combating deadly anti-press violence last year.

“Due to lax rules and no justice after violence, Bangladeshi journalists are embattled to reveal the truth. It continues to obstruct freedom of press in the country,” a CPJ report stated last year.

Data compiled by local rights group Odhikar shows that 117 journalists were tortured in the first quarter of this year, and 3,782 journalists were victims of violence since 2001.

The obvious lesson to be learned from this is that whether attackers are state or non-state actors, journalists are being abused, tortured or killed on a regular basis, and the fourth estate of a democratic government is under real threat.

This situation has remained consistent since the restoration of a nominal democracy in the 1990s.

Every government that has followed has been accused of suppressing or abusing the press.
If the government fails to ensure freedom of the press and security for journalists, while making public statements that prove their ambivalence to such things, then journalists will remain exposed and incidents of violence against them will continue to rise.

*This post was originally published at UCAN on May 31, 2012*