Divers Paths to Justice - English - Forest Peoples Programme

More documents

Recommendations

Info

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiatheir quest for acquiring land titles or possession. The embargo on the grantof land titles since 1989 has also prevented the acceleration of the processof privatisation, except between indigenous individuals.The hill district councils’ role in land administration is still largely untested,except in the case of land transfers. For transfer of land, the consent of thecouncils is required, before the DCs provide the mandatory permission,required for all land transfers within the CHT. 25 However, in two specificcases, the Rangamati district council exercised its authority to provideformal recognition to custom-based use of untitled land for a Buddhistmonastery-cum-meditation centre and for a community-managed forest. 26 Inboth cases the headmen initiated or supported the application, in addition tothe concerned circle chief, in one of the cases. 27The aforesaid two cases are the only known instances in which a hill districtcouncil has invoked statute law to formalise customary land grants, therebyproviding a clear precedent for asserting customary land rights withoutinvolving the DC. If the aforesaid practice is continued by the RangamatiDistrict Council and mirrored by the other two district councils, this wouldbe a good way to safeguard customary resource rights. However, to whatextent this can secure the indigenous peoples’ customary land rights willdepend upon the extent of lands that come under such formalacknowledgment. Another factor that may negatively impact upon such aprocess would be the re-opening up of land grants by the DCs.The threat of land surveyAnother factor which may impinge upon the safeguard measures is animminent land survey. This is an ongoing issue that has created much debate25 Roy 2008:495,52026 Memo of Land Officer, Rangamati Hill District Council to Headman andconcerned Upazilla Nirbahi Officer.27 In the case of the Furamone International Meditation Centre (about 250 acres),the author, in his capacity as a Circle Chief, forwarded the application of theheadmen to the chairperson of the Rangamati Hill District Council.113
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiaand controversy in the CHT. The chairman of the CHT Land DisputesResolution Commission – which was established to provide expeditiousremedies to cases of land dispossession - has declared that the governmentwill start a land survey soon. This decision seems to be supported by asection of the Bengali inhabitants of the CHT, including the governmentsponsoredBengali migrants of the 1980s. However, indigenous leaders,including those that are members of this commission, have been critical ofthis decision – citing provisions of the CHT Accord of 1997 – and havedemanded that no survey be conducted, unless asked for by the CHTRegional Council, and until people displaced during the conflict arerehabilitated. 28 Some of them have demanded that there should not besurvey even on “un-disputed” land. This is therefore a clear case of conflictbetween two traditions. One is oriented towards customary use of land, asespoused by the indigenous peoples, who resist the survey. The other laysits basis upon the concept of private titles, a largesse conferred uponindividuals at the instance of the State, which probably seeks to legitimiseits occupation of land that it claims belongs to the State to allocate as itpleases, irrespective of the status it has according to oral traditions of theindigenous peoples.There are several reasons as to why the indigenous people oppose theproposed survey. Firstly, it is feared that a survey would result in thelegitimisation of the occupation by settlers of customary lands of theindigenous people, since survey documents provide a presumption oflegitimacy of occupation, unless rebutted. Secondly, it would provide thegovernment with detailed knowledge of the land, which might eventuallylead to land grants to more non-indigenous people. 29 Thirdly, such a survey28 Clause 2 of Section D of the Accord reads: “After signing and implementation ofthe agreement between the government and the Jana Samhati Samiti, and afterrehabilitation of the tribal refugees and internally displaced tribal people, thegovernment, in consultation with the Regional Council to be formed as per thisagreement, shall start cadastral survey in CHT as soon as possible and afterfinalisation of land ownership of tribal people by settlement of land dispute throughproper verification, shall record their land and ensure their land rights”.29 At a luncheon workshop on the CHT Accord and the Constitution of Bangladesh,114
Page 2 and 3:
Divers Paths to Justice: Legal plur
Page 4 and 5:
Page 6 and 7:
Page 8 and 9:
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64: Divers Paths to Justice: Legal plur
Page 113: Divers Paths to Justice: Legal plur
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
show all

Divers Paths to Justice - English - Forest Peoples Programme

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?