Figure 1. Comparison of ethnic representation in traditional and local government institutions
government institutions is minimal because of
their minority position, low literacy rate and lack
of leadership. They are unable to compete with
the non-indigenous peoples such as the Bengali
settlers, thus adversely affecting their ability to
fight for their rights over land through traditional
governance institutions.
Legal framework
In recognition of the special relationship between
indigenous peoples and their land, international
and national laws have been passed.
The International Labour Organization (ILO)
Convention on Indigenous and Tribal Populations
of 1957 (Convention No. 107) was the first legal
instrument on the recognition of IPs’ rights under
the United Nations (UN) system. This convention
was ratified by the government of Bangladesh in
1972, a year after its independence from Pakistan.
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ILO Convention No. 107 is of utmost importance
to the indigenous peoples, since it is the only
treaty dealing directly and substantively with
their rights, with articles relating to individual
or collective ownership rights over traditionally
occupied land, and the prohibition on the
displacement of populations from their habitual
territories.
This was later replaced by the more progressive
ILO Convention on Indigenous and Tribal Peoples
No. 169, which was adopted in 1989. Bangladesh
ratified the convention in 2013. ILO Convention
No. 169 and the UN Declaration on the Rights
of Indigenous Peoples recognize indigenous
peoples’ land rights.
Considering the crucial importance of lands and
territories for IPs, the Convention contains a series
of provisions to protect their right to ownership
and possession based on the recognition of the
historical displacement of indigenous peoples
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)