It is a great pleasure for me that I have been able to research "The Right to Property of the Bede Community in Bangladesh: A Legal Analysis". The paper briefly presents the analysis and assessment of legal and governmental actions to secure the property rights of the Bede community in Bangladesh.
Literature review
2 See: Sariful Islam, breaking down the nomadic lifestyle of the Bede community in Bangladesh, The daily sun. 11 Miserable people are losing their source of income due to modern society which is marginalized for their profession, they are victims because their income is being taxed. They are deprived of social rights, so they switched to another profession. 12.
Therefore, through my paper I will focus on the property rights of the Bede community.
Objective of the Study
Significance of the Research
Research Question
Research Methodology
Limitations of the Research
Introduction
Recent Scenario of the Status of Bede Community
Forms of Violation of their right
- Education
- Health
- Nutrition and Food security
- Water
- Lack of Opportunity for Savings
- Loss of shelter
- Out of Governance Process
- Risk of Vulnerability
- Access to public resources
- Illegal Seasonal Migration and Violation of Human Rights
- Access to Energy Resources
- Power Participation and Self Governance
These questions about the Bede people are not considered because they do not have access to the government's planning of the development program. Most of the Bede people's pieces of land on these people are settled on the banks of the river. There has been no incident where the rich people thought of the Bede people and did not allocate or distribute the khas land to these people.
Less than 0.3 percent of the Bede population receives electricity services because they live permanently along the road.
Present land or living status of Bede community
Although they are poor people and nomads, therefore, they cannot access such permanent facilities. Nearly 2,50,000 Bede people have been included in the electoral roll. They are citizens of Bangladesh and therefore they get some facilities from the government. But other people are not in the voters list because they are not citizens of Bangladesh, while they are not citizens of Bangladesh and cannot get any facilities, not even shelter.
Daffodil International University Page 10 they are not of this area because they are nomadic, their geographical region is different and the availability of unused land and they have been living there for a long time.
Conclusion
22 Before building their house in a new area, permission must be taken to the local leader or matubbar by the sardar of the community23. For the development of the human rights law within international legal framework was changed by arguable and focused on the state power which means that the state was not able to control or ensure the people or their rights, as well as these laws focused on the issue that the international human rights law ensures that the fundamental human rights are held by the individual person rather than the state power.26 While the Universal Declaration of Human Rights applies to everyone, therefore some protection of the human rights for the nomadic lifestyle is also cultural and human rights very important to lead life and also includes the way of life. But human rights law does not mention that specifically what kind of rights or how specific rights for existence of the Bede community.
The first section covers the content of land rights under international human rights law, the second is the rights process, and the third focuses on a practical way to use international law at the local level.27 In essence, the law national use, control and transfer are defined by state policy and custom, in some countries, national law is recognized and also have individual jurisdictions and groups of individuals are entitled to enjoy various land rights and access to property rights, control of use and transfer of land and property. also. 28.
Why Land Rights are Necessary
International and national organizations as well as international law have played a very important or significant role in ensuring the rights of non-recognition of the nomadic people.25 For a long time, international law was based on territorial rules where the land occupied by the colonial people as and this land occupied and used by the dominant-looking nomadic people. The majority of nomads are facing a lack of access to basic rights (food, clothing, housing, medicine, education). The right of ownership of the most controversial issue, the right of property or the right of ownership based on processions.
The Inter-American Courts of Human Rights in light of the legal development of land rights, which focused on the plight of indigenous peoples regarding land rights.
International Legal Instrument
- UDHR
- ICCPR
- IACtHR
- ACHPR
Affodil International University Page 13 approaches.34 While the UDHR is a binding document, therefore every state is bound to follow this statement, even the right to property is a human right and the government must ensure the property right of every citizen of the state, not based on race, gender, religion, settled and nomadic. The right to property is apparently recognized by the African Charter on Human and Human Rights (ACHPR) of article 14, which is further recognized by article 13 of the ACHPR, which states that every citizen of the states has the right to freely share take equal access to public service and public property. When the reference to property rights was adopted, two covenants were adopted in 1966 that ensure the right to property, in general human rights legislation has worked to ensure land rights against government encroachment, but at the universal level access to the indigenous and tribal communities to the land rights as a cultural human rights of the International Covenant on Civil and Political Rights (ICCPR). As well as International Covenant on Economic, Social and Cultural Rights (ICESCR).
The land rights and cultural rights of indigenous people have new jurisdiction at the Inter-American Court of Human Rights (IACtHR).
National Legal Instrument
Constitution of Bangladesh
Ensuring their rights such as removing corruption, providing mechanism for seeking justice, access to various types of protection, as well as the government should ensure access to the land of the Bede people where they live without any harassment. As soon as possible, the government authority would approve the new law for the establishment of the rights of the people. They have a lack of political freedom, economic problems, but also deprived of government attention.
It is high time to ensure proper rights of the Bede community based rehabilitation and ensure basic human rights.
Other Provision Relating to the Property
Whether these Laws are Effective or not?
The government created a rehabilitation center for the homeless under the homeless and homeless (rehabilitation) act, 2011. Through this act we believed that this act is the work for those people and the government was committed that the shelter will be made for the homeless people included the nomadic group because they are citizens of Bangladesh until 2008. According to PIL on forced eviction of landless people; in 1997 the government has been decided to lease out the khas land to the landless people of Bangladesh as per the Agricultural Khas land management and allotment guideline living at domar in Nilfamari and executed and registered the kabuliyat deed in their name.
The government has made policies, the legislature has been passed and many laws have also been changed every year, but there are no concerns about their rights and land ownership.
Conclusion
On the other hand, 50.4% of the nomads (Bede community) are landless, it is a violation of their human rights and it is also their fundamental rights. Minimum 2% laws are when their rights were violated and extreme so effective private organizations come to help them secure their rights. The Bede people were not satisfied with the government system and laws because it seems that these laws are not fair and effective.
Daffodil International University Page 16 to extend property rights, it is necessary to remove the primary sources of unfreedom so that the people enjoy freedom.
Introduction
Reason behind the violation of the property rights
- Political freedom
- Economic facilities
- Social opportunities
- Transparency guarantees and
- Protective security
Daffodil International University Page 17 below the poverty line, so that they are deprived of delegation at the decision-making level.39 Bede people are deprived of the wider societies of access to different types of work sectors. Some of the people of the community begin to settle on the khas lands distributed to them by the government program, but still 100% of the Bede people get this land. The consequences of exclusion are not always the same for an individual or a group of individuals, but at the same time they also indicate a lack of access to a prestigious group.41 The traditional community of Bede is socially excluded in Bangladesh, the basic offer they need is shelter, food, water is not given to an area where live, but they also face a lack of housing options and access to the political area.42 Being citizens of Bangladesh, they are entitled to all kinds of benefits, but the reality is different, they are excluded from society.43.
The country's rulers as well as the wider society take full advantage of this lack of repression.
Disappearing Professions
Påskelilje International University Page 18 Every citizen needs freedom in the state, and the government should ensure its openness towards the citizen, so that the social interaction between the administration, the wider society and minors is developed. While the Bede people also called the nomads, this is why their important factor is lack of land security, which contributes to the increased marginalization and insecurity of the nomads. Basically, maximum nomadic societies are based on customary systems, public land use, which is generally not recognized by the state authorities, but governments have chosen an approach based on western land tenure systems that favor private ownership.44 As a result, nomadic peoples are mobile and collective patterns of land tenure are not recognized, national and international land tenure approaches are different and these are based on the colonial system.45 Although the government has taken initiative but there was no progress in this area, the right to land should be recognized according to formal regulations or land management systems due to the fact that nomadic people have been victims of the state governance system that has been developed under the dominant sitting principle, so the government should ensure there security where they will be protected.
Role of Government and A Way Forward
Conclusion
Dalit, Harizin and Bede's are the small group of communities in Bangladesh, they have been neglected since ancient times. The government or the state should be responsible for ensuring their rights and the government tries to develop their livelihood. Creating a better life of Dalit, Harizon and Bede communities by providing social protection and social development passed social welfare rules 2013.
Vision and Mission of Ministry of Social Welfare (MoSW)
Status of the Community Regarding SDGs
Analyze the findings of the SDGs in all cases the position of disadvantaged people is negative, such as-. Every form of want and relief has been mentioned here, but where they live is not mentioned. So how will the SDGs (2016 to 2030) be achieved where no initiative has yet been taken.
Recommendations
Conclusion
The government and their development organization should recognize the special need for land settlement of the Bede community which belongs to the underground sky on the boat. Therefore, the government should provide water, health, sanitation, housing and other environmental security in Bede community as soon as possible. Sariful Islam, Dissecting the nomadic lifestyle of the Bede community in Bangladesh, Daily Sun, 30 March 2018, available at Abdul kalam, Access to Urban Basic Services of the People Living in Urban Poverty: A Case Study of Bede Community in Saver Municipality (2018)
