The International Covenant on Economic, Social and Cultural Rights
officials accountable for allowing such fraud so as to protect the public
interest.
Influential property developers The death toll in landslides due to heavy monsoon
rains in Chittagong, Cox's Bazar, Sylhet and
or real estate agencies who Bandarban rose to 110 on 28 June 2012. The number
had reportedly occupied public of casualties is feared to rise as scores went missing
following multiple landslides and house collapse
land in Dhaka included Metro in the hill districts. In Chittagong at Motka Ghona
two sisters aged seven and eight died in a
Makers Ltd., Amin Mohammad area,
landslide on 26 June evening. Six people, including
Foundation, Shomotot Housing, two two-year-old girls, were killed at Yasin Colony
under Khulshi Police Station. “I somehow managed
Eastern Housing, East West to come out of my house. But my wife and two-yeardaughter were buried under mud as huge chunks
Developers (Bashundhara), Sharif old
of earth fell on my house," said Mizanur Rahman
Housing, Falcon Real Estate, and of Yasin Colony in Chittagong. His daughter died
instantly. His wife survived but was fighting for her
Jamuna Builders. They had also, life at Chittagong Medical College Hospital.
reportedly, encroached upon and Those people living in landslide-prone areas were
reportedly warned by the concerned authority about
filled wetlands, rivers, canals, flood the probable dangers and asked to relocate. But the
defied the instruction as they have no
flow zones, and water retention inhabitants
shelter to live.
ponds. The Standing Committee Source: The Daily Star, 28 June and the Daily Prothom
Alo, 29 June 2012.
estimated that the price of land so
appropriated would be worth about Taka 700,000 million (Source: New
Age, 1 September, 2006).
Land developers have not only grabbed public land, they have also forced
small private landowners to sell their land, usually by buying the hinterland
and then pressurizing them to sell the front part to provide an access road.
They have purchased land in dispute, by exploiting differences between the
disputing parties. Sometimes they made advance payments for purchase
of the land to the owner and, reportedly, bribed the land registry officers
to register the sale and mutate the property in their names in advance
so as to evade paying the total sales amount. The powerless, particularly
women, ethnic minorities and the poor who become prey to land grabbers
face insecurity and may even be unable to use their own lands, given the
constant threat of appropriation by powerful property developers and real
estate agents.
BELA, an environmental lawyers’ organization, served a legal notice upon
three major real estate companies, Eastern Housing, East-West Housing,
(Bashundhara), and Amin Mohammad Land Development Ltd., for violating
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the Private Land Development and Housing Rules, 2004. It simultaneously
served a notice upon the Secretaries of the Ministries of Land and Public
Works, Chairperson of RAJUK, and other concerned departments. A joint
press release was issued by BELA, ASK, BLAST and Nijera Kori to draw
the attention of the public. After this, RAJUK issued legal notices and filed
cases against the land developers. As it was beyond RAJUK’s capacity to
take legal action, the Secretary of RAJUK wrote to the Secretary of Home
Affairs on 17 September 2006 to take legal action against the named
companies.
3.2 Right to Water:
The right to water is not explicitly mentioned in the constitution of
Bangladesh, so it requires liberal interpretation of Article 15 (a) of the
Bangladesh constitution to find ‘water as one of the basic necessaries’.
Even though the word ‘including’ used in this article could be interpreted
that the ‘right to water’ clearly falls within the category of the basic
necessities of life, it is not judicially enforceable according to the Article
8(2) of the constitution.
The UN independent expert, Ms. Catarina de Albuquerque on the issue
of human rights obligations related to access to safe drinking water and
sanitation, visited Bangladesh in December 2009 and submitted her
report in the fifteenth session of the UN Human Rights Council in July
2010. In her report she highlighted several gaps in policies and practices
in regard to ensuring the right to water. Some of those are: 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 Pro-Poor Strategy for Water and
Sanitation Sector (2005).
While the policies in place in Bangladesh emphasize the participation of
water and sanitation users in policy design, implementation and monitoring,
reportedly, consultation with these groups is not always carried out.
She found some gaps in the draft water act, as she has mentioned:
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