The gap between the legal status and the implementation of the rights of the indigenous peoples of the Chittagong Hill Tracts (Bangladesh)

Abstract

Research and discussions of the rights of indigenous peoples over the last two decades have focused predominantly on case studies from the developed states Australia, Canada, Europe, New Zealand and the United States. However, research into the possible effects of international law needs to be extended to encompass developing states in Africa and Asia. This research uses Bangladesh to sample the situation in developing states by analysing the gap between the basic legal rights of the Chittagong Hill Tracts' (CHT) indigenous peoples and their implementation. The CHT-conflicts' main roots lie in the Bangladesh's governments sponsored resettlement of Bengali Muslims in the region and the broken promises of the 1997 Peace Accord. This thesis argues that additional laws and regulations (like the ILO Convention No. 169 or the Declaration on the Rights of the Indigenous Peoples) alone will not solve the conflict of Bangladesh's minority nations, but the implementation of basic rights must first be ensured. This research found that both the concept of group rights and assimilation policies were inadequate methods of dealing with CHT indigenous rights issues; and that there is a lack of workable alternatives that address the basic needs of the people. Further work needs to be done in this field to provide solutions for the plight of indigenous populations in developing countries.