Preserving cultural identity is not only a matter of preserving tradition, but also an important step in protecting social unity and human rights. However, the rights of various religious, linguistic and ethnic minority communities in Bangladesh are often under threat.
The Constitution of Bangladesh has clear provisions for protecting cultural rights of minorities. Articles 27, 28, 31 and 41 of the Constitution ensure prevention of discrimination and the right to religious freedom. In addition, steps have been taken to protect the cultural and land rights of the indigenous people through the Chittagong Hill Tracts Agreement 1997.
However, the lack of proper implementation of these laws causes significant problems in protecting the cultural identity of minorities. In reality, although the laws are often strong, they fail to be implemented due to administrative weakness and political instability.
Currently, another major challenge to protecting the cultural rights of minority communities in Bangladesh is land grabbing. In 2023, land grabbing incidents of indigenous communities were increasing in various regions, including the Chittagong Hill Tracts. The lack of cooperation and weakness of local administration and law enforcement agencies are further exacerbating this problem. As a result, losing their traditional lands is not only causing financial losses but also cultural devastation. Land grabbing groups are attacking their ancient heritage, which may put the existence of minority communities in a crisis in the long run.
The cultural identity of minorities is also being endangered by the effects of globalization and modernization. Their traditions are being lost due to modern technology, social changes and globalization. The influence of education, technology, and economic opportunities is very strong among the indigenous communities now. Sometimes, these effects are so strong that they lose their old language, clothing, food habits, and lifestyle. This not only creates cultural devastation, but also damages ethnic identity.
Some steps have also been taken from the international perspective to protect the cultural rights of minorities in Bangladesh. Although the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and UNESCO's Convention on the Protection of Cultural Heritage have been formulated, their implementation in Bangladesh is not satisfactory. According to reports from international organizations, there are various problems in protecting the cultural rights of minorities in Bangladesh, especially in the area of law enforcement.
University research and reports from various local human rights organizations have revealed that attacks on temples and shrines of the Hindu community have increased in 2022, which is an example of violations of the religious and cultural rights of minorities.In December 2023, there were also incidents of land grabbing against indigenous people and obstruction of their rituals in some areas of the Chittagong Hill Tracts.
Despite the existence of fundamental rights in the constitution, the implementation of the law is often inadequate or inconsistent
The extremely weak justice system against minority communities is hindering the protection of their rights. In most cases, the perpetrators do not come under punishment after attacking or torturing minorities, which is a major example of impunity. There is a lack of coordination between local administrations and law enforcement agencies to deal with incidents such as cultural oppression.
Legal reform and administrative coordination should be given importance. Despite the existence of fundamental rights in the constitution, the implementation of the law is often inadequate or inconsistent. This creates a crisis in preserving the rights of minorities on the one hand, and on the other, the policies of the government and local administration become more complicated. International laws such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and UNESCO's Convention on the Protection of Cultural Heritage are also not being implemented properly in practice, which could be helpful in protecting the rights of minorities.
The lack of proper research and statistics is another major obstacle in protecting the cultural rights of minorities and identifying their problems. In many cases, no analytical reports or studies are published on the cultural status of minority communities and the events happening in their lives. Due to the lack of such information, there is a delay in reaching the government with accurate data and taking decisions accordingly. As a result, the resolution of cases of cultural oppression and deprivation of rights is ultimately delayed, which ultimately makes the situation worse.
A special concern among religious and cultural minorities in Bangladesh is the issue of language and education. The preservation of minority communities' own language and culture, especially in the field of education, is still largely neglected. For the indigenous people of Chittagong Hill Tracts or some Hindu communities in rural areas, the state education system lacks a curriculum tailored to their language and culture.This is creating a major obstacle for them to pass on their culture to future generations. It is imperative to preserve the heritage of minorities through language preservation and cultural education.
To address these challenges, a concerted effort by the government, civil society and the international community is essential in preserving diversity in Bangladesh. First, the legal framework for protecting cultural rights must be strengthened. The government must take more effective steps to ensure the security of land rights and cultural infrastructure of minorities. At the same time, it is essential to formulate and implement a national policy on cultural preservation and development. Second, awareness must be raised among the people so that they understand the importance of diversity and can show tolerance and respect. This will help in cultural preservation on the one hand, and on the other hand, it will be helpful in reducing social unrest.
Protecting the cultural rights of minority communities is critical for ensuring social equality and unity in Bangladesh. Effective government action, legal reforms, and raising public awareness are needed so that all communities can safely preserve their own cultural identities.
Surja Mandal is an LLB Student, Department Of Law, World University Of Bangladesh.
