The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
to be reasonable to fall within the ambit of the guarantee of
equality before the law, enshrined in Article 27 of the
Constitution. Moreover, Articles 27 and 28 of the
Constitution are limited to citizens. However, in Article 31,
the Constitution guarantees the protection of the law,
without using the term ‘equal protection’, to non-citizens, in
that the Constitution guarantees to any person for the time
being within Bangladesh the right to be treated in
accordance with the law.58
The international and national protection against
discrimination on the basis of race, language, colour, inter
alia, closely relates to protection of minorities within a legal
regime of non-discrimination. To address the de facto
economic and social disparity, the Constitution permits
affirmative actions “in favour of women or children or for the
advancement of any backward section of citizens”.59 Special
measures for indigenous peoples have been justified under
this constitutional provision since the inception of
Bangladesh by putting them under the rubric of ‘backward
section of citizens’. It would be pertinent to mention here
that during the British colonial rule too, the special
characteristics of life and nature of the hill people of the
Chittagong Hill Tracts were protected. The 1900 Regulation
formulated by the British rulers is still considered the
principal instrument for protecting hill people’s rights.
59
Article 28 (4) of the Constitution.
49