It has reportedly requested the speaker not to allow any such legal proposal
- See more at:
http://www.dhakatribune.com/law-amp-rights/2013/sep/23/government-pre-empts-%E2%80%98adivasi%E2%80%99-bill#sthash.MgQebybD.dpuf
Government pre-empts ‘adivasi’ bill
Kamran Reza ChowdhIt has reportedly requested the speaker not to allow any such legal proposal
The
government has pre-empted an attempt to initiate a legislative proposal
of a parliamentary caucus through a private member’s bill styled
Adivasi Rights Bill 2013 in the current session
Workers Party chief
Rashed Khan Menon is likely to place the bill in parliament for
recognition of the country’s ethnic minorities as “adivasi” and
protection of their rights.
However, before Menon could submit
the bill to Parliament Secretariat for initiation in the house, the
government has reportedly requested Speaker Shirin Sharmin Chaudhury not
to allow any such legal proposal in the House.
The National
Coalition for Indigenous Peoples has been providing secretarial support
for the Parliamentary Caucus on Adivasi comprising 24 MPs of the ruling
coalition. The caucus had 10 meetings with different stakeholders to get
“adivasi” recognition to the ethnic minorities living the Chittagong
Hill Tracts and other parts of the country.
The foreign
ministry, which has been dealing with the issue of ethnic minorities at
the UN and other forums, fears the initiation of the bill will
strengthen the demand of the “tribal” people for their state recognition
as adivasis.
It further says the recognition inline with the
International Labour Organisation convention on indigenous people’s
rights will encourage the ethnic minorities to claim rights on the
resources on some specific territories.
The ministry warns that such demands may put Bangladesh’s sovereignty to question.
On
July 28, Foreign Secretary Shahidul Islam chaired an inter-ministry
meeting that decided to “guarantee” that such bill was not tabled in
parliament and to communicate the matter to the speaker who was
authorised to decide tabling of any bill in the House.
“The
movers will make it [the recognition of the ethnic minorities as
adivasis] a political issue if the bill is tabled as a private member’s
bill,” said a foreign ministry working paper.
In parliamentary
practices, all MPs, other than the ministers, are considered as private
members, and they can prepare bills on any issue and place it in
parliament with the speaker’s permission.
Any such bill goes to
the parliamentary standing committee on private members’ bills and
resolutions for scrutiny. If the committee recommends, the assembly
discusses the bill to decide whether to go through it.
In
parliamentary practices, the movers of such bills either withdraw their
proposal or the House rejects the same by voice vote in case of the
initiators’ reluctance.
The current parliament passed one such bill the leper (repeal) act moved by Awami League MP Saber Hossain Chowdhury.
Discussion
on these bills in the assembly is considered as a pressure on the
government. Governments in developing countries discourage private
members’ bills.
On September 18, the foreign ministry requested
the members of the parliamentary standing committee on the ministry to
request the speaker to block Menon’s bill, saying it was “not
consistent” with the country’s constitution.
Foreign Secretary Shahidul Islam confirmed the communication.
Article 23 (a) of the constitution recognises tribal people as “small ethnic groups,” not as adivasis.
“I
do not see any justification of forming the caucus on this issue as
there is no adivasi in Bangladesh according to the definition of the ILO
convention,” Law, Justice and Parliamentary Affairs Minister Shafique
Ahmed told the Dhaka Tribune on Sunday.
According to the ILO
definition, there must be conquer or colonisation of such people for
getting recognition as adivasis, he said. “Such things never happened in
Bangladesh.”
Menon told the Dhaka Tribune that he did not agree
with what the government was doing regarding the status of the ethnic
minority groups.
--------------------
source:
Dhaka Tribune
The
government has pre-empted an attempt to initiate a legislative proposal
of a parliamentary caucus through a private member’s bill styled
Adivasi Rights Bill 2013 in the current session. - See more at:
http://www.dhakatribune.com/law-amp-rights/2013/sep/23/government-pre-empts-%E2%80%98adivasi%E2%80%99-bill#sthash.MgQebybD.dpuf
The
government has pre-empted an attempt to initiate a legislative proposal
of a parliamentary caucus through a private member’s bill styled
Adivasi Rights Bill 2013 in the current session. - See more at:
http://www.dhakatribune.com/law-amp-rights/2013/sep/23/government-pre-empts-%E2%80%98adivasi%E2%80%99-bill#sthash.MgQebybD.dpuf