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Constitutional guarantees for minorities must be ensured 

Published : Saturday, 30 November, 2024 at 12:00 AM  Count : 613
Sujata Mulke Atik
Bangladesh’s official name is the People's Republic of Bangladesh and has own written constitution. The Bangladesh Constitution of the People's Republic, which outlines the nation's rights as well as the framework for government, is the ultimate law of the land. Shortly after Bangladesh separated from Pakistan on December 16, 1972, the constitution was ratified. 

The term "minority" refers to a group of people who are in a numerical minority compared to the rest of the population. This can be due to various factors, including race, ethnicity, religion, gender, sexual orientation, age, disability status, or other characteristics. The UN Charter and the Universal Declaration of Human Rights did not mention specifically the question of minorities. 

The 15th Amendment to the Constitution of Bangladesh was adopted in 2011. This amendment Article 23A of the Constitution of Bangladesh introduced several changes to the Constitution, including the addition of Article 23A, which relates to the rights of minorities in Bangladesh.

According to the constitution of Bangladesh article 23A. (1) The State shall endeavor to ensure equal opportunities to all citizens. According to Article 28(1) explicitly stated that "The State shall not discriminate against any citizen on grounds only of religion. 

Bangladesh is a party to the International Covenant on Civil and Political Rights (ICCPR), which sets down a number of civil and political rights. Articles 2 (Non-Discrimination) and 27 (Rights of Minorities) are pertinent articles. Unfortunately these Minority groups often face barriers to accessing justice, including language barriers, discrimination by law enforcement, and a lack of legal representation. 

There have been documented cases of land conflicts and property rights difficulties, particularly involving groups of religious minorities. Some Acts for justice are Vested Property Retum Act, 2001, The Representation of the People Order (RPO),1972, The Torture and Custodial Death (Prevention) Act, 2013, Human Rights Commission Act, 2009, Land Survey and Record Keeping,

However, economic, social, and cultural rights are covered under the International Covenant on Economic, Social, and Cultural Rights (ICESCR), Community-Based Organizations Increasing collaboration with community-based groups that promote minority interests, Governments can work with these groups to get feedback on policies and initiatives. 

Providing diversity and inclusion training to public officials in order to make them more aware of the needs and problems of minority populations require establishing a more inclusive decision-making environment. Consultations and forums open to the public Organizing frequent public meetings and forums to collect feedback from minority populations on a variety of problems, ensuring that their opinions are taken into account in policymaking. Creating advisory councils or committees composed of members from minority communities to make policy and program suggestions.

Bangladesh may cooperate by having conversations and exchanging information with the UN Special Rapporteur on Minority Issues. The government should strengthen international cooperation with relevant UN agencies, NGOs, and other stakeholders to promote the protection of minority rights, and to share experiences and best practices in this area. 

“The term "minority" refers to a group of people who are in a numerical minority compared to the rest of the population. This can be due to various factors, including race, ethnicity, religion, gender, sexual orientation, age, disability status, or other characteristics. The UN Charter and the Universal Declaration of Human Rights did not mention specifically the question of minorities”

The Government of Bangladesh has taken some steps to address these issues, including establishing a Ministry of Chittagong Hill .The Tracts Affairs to promote the rights of indigenous communities, and setting up the National Minority Commission to protect the rights of religious and ethnic minorities . Implementing these strategies requires a commitment from the government, civil society organizations, educational institutions, and the general public. 

Act Establishing the National Human Rights Commission was made in 2009. This legislation creates the National Human Rights Commission (NHRC), which has the authority to investigate and prosecute human rights abuses, especially those affecting minority populations. In order to address minority rights concerns, the NHRC can collaborate with the National Minority Communities.

Examples from other countries where we can foster some laws for our minority guarantee:
Canada has taken initiatives to ensure Indigenous peoples are represented in decision-making. The establishment of the Assembly of First Nations and other Indigenous organizations provides a space for involvement and representation.

India has allocated seats in legislative bodies for Scheduled Castes (SCs) and Scheduled Tribes (STs) to ensure their political participation.  Norway has implemented gender quotas, requiring at least 40% of public limited liability company board members to be women.

The United Kingdom the Equality Act of 2010 outlaws discrimination on a variety of grounds, including race and religion, and contains opportunities for positive action to rectify underrepresentation.

Bangladesh may work with the other countries and take ideas from them on minority issues to preserve minority rights by engaging in discourse and sharing information. Local NGOs that focus on minority rights can allow the exchange of experiences and best practices. Collaboration with groups like Amnesty International is needed to strenthen minority rights in Bangladesh, a sustained commitment to implementing and reinforcing these legal frameworks, as well as proactive actions are required to address underlying causes. It is essential to creating an environment where constitutional guarantees for minorities are upheld and protected.

The writer is an LLB Honours student, 
Department of Law, 
World University of Bangladesh



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