their legal age of18 and 21 respectively. Informal dispute resolution system in Dalit
communities were found to be heavily male dominant and have no room for female
participation.
21. Despite the Vested Property Return Act being reviewed in 2013 28 the complexities
negatively impacting on land rights of minorities still exists29 and 70% of claims submitted
by minorities are yet to be solved 30. Slow disposal of the cases, lack of accurate application
of the law i.e. reluctance of officials concerned to conclude the mutation of the land and
Assistant Commissioner - Land seeking directives from the higher authority whereas in the
law there is no bar on mutation after the verdict of tribunal and appeal 31, contributes to
delays.
22. The National Human Rights Commission, Bangladesh observes that there are emerging
grounds such as disabilities, sexual orientation, ethnicity, political or other opinion or status
providing the basis for discrimination. With a view to address the emerging grounds as
well as ensuing effective remedy by way of compensation or restitution for exiting grounds
laid down in the Constitution the Commission, initiated the formulation of the draft law on
Anti-Discrimination. It was done jointly with the Law Commission32 followed by a series
of consultations conducted in collaboration with UNDP, Manusher Jonno Foundation,
Bandhu Social Welfare Services and Nagorik Uddyog33. The Commission recommends
that the Anti-Discrimination Law should be enacted without any delay to address
discrimination against marginalized excluded groups, minorities, Dalits and disadvantaged
groups, including the gender dimensions of discrimination within these groups which will
provide a mechanism for enforcement of civil & political rights and economic, social and
cultural rights, i.e. education, medical & health services, equal opportunity to work and
public service accessibility.
23. Recommendations;
✓ Withdraw the reservation to Articles 2 and 16(1)(c) of CEDAW.
✓ Further improve the environment to ensure basic necessities of life enshrined in Article
15(a) of the Constitution.
✓ The Anti-discrimination draft law should be passed without further delay. This draft law if
passed can provide for the protection of the economic, social and cultural rights of ethnic
and religious minorities and excluded groups including Dalits will address direct and
indirect discrimination in the public and private spheres.
✓ The Ethnic Minorities Rights Act (2015) has been drafted by the Parliamentary Caucus on
Indigenous People aiming to ensure economic, social, and cultural rights of the ethnic
minorities of Bangladesh. The draft outlines the rights of the ethnic people on land,
28
Circulars were issues in October 2013 and May 2014 directing all authorities to treat all "Kha" properties as any other normal property.
Further, yet another circular was issues to dispose of the appeal of the land owners in April 2016.
30
http://www.dhakatribune.com/bangladesh/2016/06/21/panelists-70-cases-unresolved-despite-vested-properties-return-law/
31
http://www.daily-sun.com/arcprint/details/41880/Vested-Property-ReturnOwners-win-legal-battle-official-hurdles-remain/2015-0505
32
The Law Commission is a statutory body established under the Law Commission Act 1996 and mandated to review laws and draft
laws
33
Manusher Jonno Foundation, Bondhu and Nagorik Uddog are civil society organization engaged in work related to Dalits, LGBT
community and ethnic minorities
29
8