The International Covenant on Economic, Social and Cultural Rights
and differently challenged people/persons with disability. While the Draft
Policy recommended more equitable access to protect the rights of the
disadvantaged to shelter, it is difficult to say how far the claims of justice
would be ensured in practice, since the policy has not been finalized.
According to Article 15 of the In FY 1997-98, the government allocated Tk. 50
to create a housing fund to address the
Constitution of Bangladesh, the crore
housing problems for homeless poor and low
Government has a responsibility to income population, specially families affected
by river erosion, flood, cyclone/ tidal surges and
provide access to basic necessities, fire incidents. So far a total of taka 164 crore has
including shelter. Article 31 and 32, been released under the housing loan scheme.
Already 46,808 houses have been constructed at
which protect the right to life, have 400 upazilas in 64 districts. The total number of
been interpreted by the High Court beneficiaries of the scheme is 2,34,040 among
which 60 percent represent women. An allocation
to include and incorporate the of Tk. 11,714 crore for the rural development and
right to livelihood and accordingly local government divisions, development and nondevelopment budget combined, for the fiscal year
the right to shelter. While the 2011-12. This allocation includes current government
Government does not have the steps to set up Palli Nibash (rural housing) as per
their election manifesto.
responsibility
to
immediately
provide shelter to all persons, it Source: Towards Building A Happy, Prosperous and
Caring Bangladesh: Budget Speech 2011- 2012, Abul
does have a responsibility to ensure Maal Abdul Muhith, Minister, Ministry of Finance,
of the People’s Republic of Bangladesh,
that citizens are not arbitrarily or Government
Dhaka, 9 June 2011.
forcibly evicted. Recent High Court
decisions have determined that before evicting slum residents from their
dwellings, the Government must provide written notice, in accordance
with law, and, through an interpretation of the state’s obligations to ensure
protection from forced eviction, have required the authorities not to carry
out any eviction without prior rehabilitation or resettlement.
Slum dwellers, who are critical to the functioning of the urban economy,
operating in both the formal and informal sectors (for example as workers
in garment factories, or as rickshawpullers, domestic workers etc), and
as individual citizens, deserve to have their rights recognized. BLAST, Ain
O Salish Kendra (ASK) and Nijera Kori challenged the evictions of slum
dwellers to ensure that persons living in poverty in slums can exercise
their basic rights. These organizations have filed writ petitions such as
BLAST and others vs. Bangladesh and others (Writ petition no. 1778 of
1999), BLAST vs. Bangladesh and others ( Writ petition no. 6252 of 2001),
BLAST vs. Bangladesh and others (Writ Petition No. 567 of 2003), Nijera
28
Kori, BLAST and others vs. Bangladesh and others (Writ Petition No. 5194
of 2004), BLAST, ASK and others vs. Bangladesh and others (Writ Petition
No. 5298 of 2005), ASK, BLAST and another vs. Bangladesh and others
(Writ Petition No. 4456 of 2009) etc. on issues relating to the right to
shelter. Judgement on these petitions is still pending.
2.2 Right to Water
Bangladesh has set itself ambitious The current government has promised to supply
pure drinking water to all by 2011 but the budget
goals beyond the targets of the report revealed that though new water sources have
Millennium Development Goals been set up, not all citizens have access to arsenic
free pure drinking water.
to reach universal access to safe Source: Dialogue on State of the Bangladesh
drinking water by 2011 and universal Economy Analysis of the National Budget FY
2011-12,CPD-IRBD Team, Mustafizur Rahman-ED,
access to improved sanitation CPD, 18 June 2011
by 2013. There is considerable Up to March 2011, 6463 water sources have been set
up by the government and a plan has been worked
political will in Bangladesh to out to set up an additional 2 lakh water sources by
achieve these targets, and much FY 2012-13. Out of 309 municipalities, water supply
systems have been installed in 130 municipalities
attention has been devoted to by March 2011. In the next fiscal year (FY 2011-12),
the water and sanitation sectors. another 40 municipalities will be brought under the
coverage of safe running water. In order to ensure
The National Water Policy (1998) an arsenic free water supply in the rural areas as it
been done in the urban areas, the government
and
the
National
Sanitation has
will adopt a policy to re-excavate and protect at least
Strategy (2005) recognize water one water body in each village. The total amount
Tk. 2,228 crore has been allocated for the water
and sanitation as human rights. of
resources sector in the FY
Bangladesh recognized that water
and sanitation are human rights at the regional level when it signed the
Delhi Declaration of the third South Asian Conference on Sanitation.
Numerous other national policies are also directly related to water and/or
sanitation, such as the Policy for Safe Water Supply and Sanitation (1998),
the Water Management Plan (2004) and the Policy for Arsenic Mitigation
(2004), as well as the Sector Development Framework (2004), the ProPoor Strategy for Water and Sanitation Sector (2005) and the Poverty
Reduction Strategy Paper (2009).
Numerous ministries in Bangladesh have responsibilities relating to
water and sanitation services. The Ministry of Local Government, Rural
Development and Cooperatives has overall responsibility for monitoring
29