accountable in respecting human
rights. Implementation of the UNGP
BHR, formulation of the National
Action Plan, publication of annual state
reports, and multi-sectoral monitoring
are imperative. Unfortunately, the
Bangladesh government is yet to be
aware of the Guiding Principles and its implementation in the country.
Bangladesh is a signatory to eight out of nine main human rights treaties
(except the International Convention for the Protection of All Persons from
Enforced Disappearance). The Constitution guarantees fundamental rights.
Article 42 of the Constitution also guarantees rights to property for all citizens.
Bangladesh has many laws and ordinances related to land but no specific
reference to land as human rights and specifically to Business and Human Rights.
The National Human Rights Commission Act 2009 under which the National
Human Rights Commission (NHRC) performs its functions does not incorporate
land rights as human rights. NHRC functions include investigation, monitoring
and cooperation with CSOs and national and international agencies for the
protection and promotion of human rights. However, section 4 of the NHRC’s
strategic plan (2016-2020) mentions some issues related to land rights, which
include:
r Full and prompt implementation of the CHT Accord focusing on land
rights.
r Violence against indigenous, ethnic and religious minorities with
special focus on land rights of indigenous and other marginalized and
excluded communities in plain lands.
r Rights of the Char people and newly acquired territories (former
enclave).
Bangladesh is yet to formulate
the National Action Plan
on UNGP BHR because the
policymakers in government
are not aware of the issue.
Bangladesh is yet to formulate the National Action Plan on UNGP BHR
because the policymakers in government are not aware of the issue. Several
government bodies and ministries are basically responsible for formulating the
National Action Plan along with the plan for implementation. The Land Ministry,
Law Ministry, Commerce Ministry, NHRCB, and other ministries and bodies
concerned together can formulate the National Action Plan and send it to the
cabinet for approval.
34
Upholding Land Rights amidst the Land Rush
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