and sheer survival challenges they all face; and
the solutions put forth to address them.
Bangladesh
The situation of indigenous peoples in Bangladesh
is typified by the inhabitants of the Chittagong
Hill Tracts (CHT) in the southeastern part of the
country vs. the plains or lowland people. Those
living in the area covered by the CHT enjoy more
rights on land and natural resources compared
to the groups living outside the CHT due to their
special legal and political status. In contrast, the
plains people are considered worse off as they
are not accorded similar rights.
Yet, these two groups do share a common fate.
IPs’ customary land in both the plain areas and
the CHT has been leased out to the private
sector by the government in the name of setting
up rubber and other commercial plantations
and ecotourism projects, among others. The
primary beneficiaries are influential Bengalis with
a strong influence on political parties and the
local governments. Inevitably, negative impacts
have arisen due to the conversion of IP lands to
make way for large plantations, forestry projects,
extractive industries, development projects, and
the like.
Aside from the physical encroachment of
development, however, there are other structural
causes for Bangladesh’s indigenous peoples being
alienated from their land. These include the lack
of enforcement of the current tenure system
and overlap between formal and customary
tenure, multiple land claims, inadequate
public administration capacity, corruption,
uneven distribution of land, and inadequate
legalprotection for the poor.
Thus, a land governance system is required
to prevent land alienation and to secure the
ownership and use of land by the indigenous
peoples in Bangladesh. The relevant stakeholders,
such as CSOs, government actors, bilateral and
multilateral agencies, media, and the academe,
are called upon to engage in improving this land
governance system.
Like the other countries represented in this
journal, Bangladesh has ratified several
international agreements which have a bearing
on IP land rights. Recently at the national level,
the parliamentary caucus on IP issues has begun
formulating an act on Bangladesh Indigenous
Peoples’ Rights.
Cambodia
As the Cambodia paper reports, there is a
near universal consensus among domestic and
international CSOs, as well as UN agencies,
that the laws governing land rights and other
customary rights of IPs in Cambodia are very
credible and well thought out on paper. The key
problem, however, is a near complete lack of
implementation of this legal and policy framework
in the country.
A case in point is the procedure for application
by IPs to obtain a communal land title. In line
with the Land Law and the 2009 Sub-decree on
Procedures of Registration of Land of Indigenous
Communities, the procedure has been spelled
out. However, the process has been heavily
criticized by IP organizations and CSOs because
the procedure is too complicated, time consuming
and not culturally appropriate for IP communities.
Lok Niti
7