BANGLADESH: Government fails to protect the right to food and environment from illegal sand extraction in Mayadip island of Sonargaon 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the villagers living on Mayadip Island, Narayanganj district have been deprived of their right to food as a result of sand extraction by a private company, Micro International since July 2010. The governmental authorities have failed to prevent the company from extracting sand illegally due to pressure from the ruling politicians. Several groups of homeless or nomadic communities were rehabilitated in Mayadip Island by the government and started fishing for their livelihood. However, the government has not provided other basic facilities such as safe drinking water, public health care, and educational facilities after relocating the people. Even worse, ongoing illegal sand extraction threatens food insecurity and environment as the island is being eroded. Two other neighbouring islands, Nalchar and Ram Prasader Char have already been eroded and many villagers were forced to leave the island as two third of the islands were degraded. The villagers of Mayadip Island suffer from hunger earning less than one USD per day. They have made several complaints about illegal sand extraction and their difficulties to the administration. Despite some positive action by the administration and the stay order of high court, the company allegedly from time to time comes to a location nearby the island for sand extraction. The company further filed false cases against the villagers who protested against the illegal sand extraction at two different police stations. The police have failed to conduct thorough and impartial investigations into those false cases.

CASE NARRATIVE:

Mayadip is an island in the Meghna River, one of biggest rivers of Bangladesh, under the jurisdiction of Sonargaon upazilla (sub-district) in Narayanganj district. In 1983, the government relocated several groups of homeless people, including fisher folk, from different areas to Mayadip Island to settle there. Mayadip Island is about an hour away from the mainland by boat.

Since July 2010, a private company, Micro International owned by a group of politically influential persons of the Narayanganj and Comilla districts, started extracting sand from Mayadip, Nunertek islands and Badyerbazar villages of Narayanganj district without any legal permission from the district administration. It is alleged that a former Assistant Commissioner of Land of the Sonargaon Upazilla Administration supported the company to commit illegal extraction.

The company earlier had extracted sand in the neighbouring islands, Nalchar and Ram Prasader Char of Comilla district resulting in a miserable situation that two third of each islands had already submerged into the Meghna River. The administration had issued a lease for sand extraction in Badyerbazar to the company but failed to monitor the island erosion. Despite the fact that the administration did not give any lease for Mayadip and Nunertek islands, the company gave false information to the villagers of Mayadip that they had received permission from the administration to extract sand at the Nunertek sand extraction point. Subsequently, the company extracted sand 24 hours every day.

In September 2010, the villagers of Mayadip Island made a written petition to the Upazila Nirbahi officer (UNO; sub-district executive officer) and Assistant Commissioner (AC) of Land, who was in charge of the land issue. The petitioners demanded that the company should not come too close to the island for sand extraction as the villagers observed that the island had started eroding into the Meghna River. The national and local media paid attention to the issue and publicized several reports criticizing the local administration.

The AC of Land, who initially cooperated with the company, visited Mayadip Island according to the instructions of the higher authorities. The AC of Land gave a public order that the company must not to come close to the Mayadip island for sand extraction. However, he did not take into account the fact that the company did not even have legal right to extract sand, allowing the company to continue the illegal sand extraction within the boundary. After this order, the company did not extract sand for a few days but restarted coming beyond the boundary only after midnight, which the villagers observed.

In early October, the villagers made a verbal complaint to the Deputy Commissioner (DC) of Narayanganj district. Subsequently, he visited Mayadip on October 17 and saw the plight of the villagers who submitted a written complaint with 1,000 signatures to the DC. He announced in public that the company has never been given the license to extract sand from Mayadip. He officially formed a 21-member-committee to protect the two islands from illegal sand extraction. The DC asked the villagers to monitor illegal sand grabbing by any means and assured that the administration would always be with the villagers.

On the following day, however, the administration officers led by the AC of Land came to the island to make a geographical boundary to mark the point that the company must not cross. Yet, a couple of days later, the company broke the border and intruded into the prohibited area of the island to extract sand after midnight on regular basis. Whenever the villagers made further complaints to the local administration, no action was taken against the company.

On 9 December, the constant sand extraction resulted in the bank of the island sliding into the Meghna River. Some part of Mayadip and Nunertek islands had eroded. Despite the resistance, the villagers were not able to stop the illegal sand grabbing. When going to bed at night, the villagers could see their land, but when they wake up the next morning, they more and more of the river instead.

On 10 December, the villagers including women and children came out in protest against the illegal sand mining. The protestors damaged the company’s boats and dredgers and captured four of the sand grabbers, who were later snatched by a group of gunmen of the company.

On the same day, Mr. Sharif, a staff of Micro International filed a fabricated case with the Sonargaon police station in Narayanganj district, accusing 12 villagers and about 20-25 unidentified villagers. The complaint alleges that the villagers illegally attacked the sand grabbers who have legal rights to dredge the river through a governmental lease, which was not true according to the DC of Narayanganj district.

Mr. Milon, another hired man of Micro International, a resident of Tulatoli village of the Meghna police station under the jurisdiction of Comilla district, filed another fabricated case with the Meghna police against 14 individuals and some 20-25 unidentified villagers of Mayadip. It was alleged that the police of Sonargaon and Meghna police stations registered the fabricated cases upon receiving bribery from the company and pressures from the ruling political party.

The villagers launched the campaign against sand extraction and fabricated cases. On 12 December, environmental rights activists of Save the Environment Movement (POBA) submitted a memorandum signed by around 5,000 people of Mayadip and Nunertek islands regarding sand-grabbing and corruption of the police. Copies of the memorandum were sent to the Prime Minister, the Home Minister, and the Inspector General of the Bangladesh Police demanding immediate action regarding the matter.

Due to the fabricated cases against the villagers, the villagers find it difficult to go to the mainland for work and buying their daily necessity such as rice, vegetables and other items. They cannot go to the mainland markets to sell their fish. In addition, they are scared of being arrested as the police of Sonargaon of the Narayanganj district and Meghna of Comilla district both have taken the side of the sand-grabbers. After campaign and protest, the Micro International removed their dredgers from near the islands.

On 20 April 2011, the government made a public notice on newspaper regarding areas leased for extracting sand in Nunertek and Mayadip islands. The villagers had feared that the Mayadip and the Nunertek islands would face serious erosion and lose variety of fishes in the near future that will ultimately cause food scarcity for around 12,000 villagers. They also feared that the ecological system will be seriously damaged, as an immediate consequence of extraction of sands. The villagers filed a writ petition at the High Court Division of the Supreme Court of Bangladesh against the government’s advertisement for lease. On 26 April, the Court issued a stay order stating that there should be no lease threatening the villagers. However, even after the stay order, it is observed that the company from time to time comes closer to the island for illegal sand extraction. Whereas, the AC of land was promoted and transferred to another area before the stay order of high court.

On the other hand, those who are charged in the two fabricated cases confront difficulty to manage their daily life. The Meghna police have not yet conducted a proper investigation of the case but have submitted a fabricated investigation report to the Judicial Magistrate’s Court of Comilla district in compliance with the complaint made by the sand-grabbing company. The alleged accused persons of the two cases have to go to the courts every month for which, in one hand, they have to bear transportation fee, food and legal fees while on the other, their families face hunger. Given the fact that most of the villagers live with one USD per day, it corners them to the extremely poor condition.

BACKGROUND INFORMATION:

According to the governmental policy called Guchhogram (climate victim’s rehabilitation project) launched in early 1980s, the government provided the relocated families with land for housings as well as cultivation. The government, however, has not provided any public facilities such as safe drinking water, electricity, public schools, and public health care institutions in Mayadip island till today.

Mayadip is divided into three parts; Guchchhogram, Sabujbag and Raghunar char. According to a survey conducted by Subornogram Foundation, a local organization working on education, healthcare and environmental issues in August 2011, the total population of Mayadip is 1109. Among them male population is 416, female population is 335 and the children are 358. About 97 percent of the total population lives below the poverty line. Many families survive on less than a dollar per day. There is no public school for the children except one primary school operated by Subornogram Foundation since 2007, which accommodates around 100 children per year.

Accordingly, illiteracy rate is very high and lack of proper transportation to the mainland further contributes it. Most of the villagers are engaged in fishing in the Meghna River and cultivate some potato or vegetables in highly limited land but hardly cultivate rice. They go to the mainland to sell fish and buy other food items like rice or Dal. They always suffer from lack of nutrition, in particular the women and children.

ADDITIONAL COMMENTS:

According to the Balumahal and Soil Management Law 2010, the government bans extraction of sand, mud and soil within one kilometer of installations including bridges, culverts, dams, barrages, roads, forest, rail tracks and human settlements. If anyone extract soil and sand near any of these installations without due authorization, they would be punished maximum two years imprisonment and minimum 50, 000 BDT (691 USD) to maximum one million BDT (13,820 USD) fine.

When the law was proposed and passed in parliament, the government stated that there should be inquiries about the sand that have been already leased out amounting of 50% of total area. The law clearly states that no one can extract sand without lease. In addition, extraction of underground sand or soil in riverbed using motor pumps or through dredger is banned. However, as proved in this case, the Ministry of Land who has the authority to lease out sand failed to conduct proper investigation into this case and punish the company who committed illegal sand extraction.

The company has been infringing the law while extracting sand from different islands including Mayadip as it damaged two other islands, which were seriously degraded, whereas the government failed to enforce the law to protect the villagers and environment. Instead, the government put an official notice to lease the lands including Mayadip island area for sand extraction. Bangladesh is also legally obliged to the international human rights laws.

SUGGESTED ACTION:
Please write to the letter to the government listed below to express your concern about the villagers of Mayadip and Nunertek who currently face food insecurity and serious environmental issues caused by construction company, Micro International. Please be noted that the government failed to conduct an investigation and punish the company who committed illegal sand extraction.

The AHRC will write a separate letter to the UN Special Rapporteur on the right to adequate food.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________, 

BANGLADESH: Call for stopping the sand extraction to protect food security and environment destruction

Name of the affected: villagers of Mayadip and Nunertek islands 
Name of alleged perpetrators
1. Micro International, a private company who extracts sand for construction work 
2. Administration officials in charge of land and sand extraction 
3. Police of Sonargaon of the Narayanganj district and Meghna of Comilla district 
4. Mr. Sharif and Mr. Milon who filed false cases against the villagers 
Date of incident: Since July 2010 
Place of incident: Mayadip island, Sonargaon sub-district, Narayanganj district, Bangladesh 

I am writing to voice my deep concern regarding the villagers of Mayadip and Nunertek islands who confront food insecurity and environment destruction caused by a company Micro International who have been committing illegal sand extraction since July 2010. I am informed that the company is owned by a group of politically influential persons of the Narayanganj and Comilla districts. It is alleged that a former Assistant Commissioner of Land of the Sonargaon Upazilla Administration supported the company to commit illegal extraction. 

I have learned that the villagers of Mayadip Island were originally relocated from different areas provided land for housings and cultivation under the Guchhogram project (climate victims rehabilitation project) launched in early 1980s. They were homeless and many were from fishing community at that time. The villagers were not given any public facilities such as proper transportation to the mainland, safe drinking water, public health institutions, and public schools etc. Thus, they have been deprived of their basic rights bearing poor living condition. All live below the poverty line merely managing one USD per day. Hunger and malnutrition is prevalent among children and women, and illiteracy is very high. There is only one primary school run by Subornogram Foundation since 2007, which educate about 100 children through a year. 

I am deeply concerned that the villagers of Mayadip and Nunertek islands may face same fate as the villagers of neighboring islands, Nalchar and Ram Prasader Char of Comilla district. As two thirds of islands were eroded by sand extraction by the same company, the villagers were forced to leave the islands seeking food. At present, the administration put an official notice to lease the land including Mayadip island area for sand extraction in April 2011. The company further gave false information to the villagers while protesting against the sand extraction that they have gotten permission from the administration to extract sand at the Nunertek sand extraction point. 

In September 2010, the villagers of Mayadip made a written petition to the Upazila Nirbahi officer (UNO; sub-district executive officer) and Assistant Commissioner (AC) of Land, who is in charge of the land issue. The villagers have already observed that the island had started eroding into the Meghna River. 

I am informed that after the petition and media attention, the AC of Land, who initially cooperated with the company, visited the Mayadip and gave a public order that the company must not to come beyond the extraction point for sand extraction. His announcement, however, proved that the administration still allowed the illegal extraction as the company did not have a lease. For a few days after the announcement, the company stopped coming beyond the point, but came closer to the island again and extracted sand only after midnight. 

I am further informed that in early October, the villagers made a verbal complaint to the Deputy Commissioner (DC) of Narayanganj district. On 17 October 2010, the DC visited Mayadip and the villagers who submitted a written complaint with 1,000 signatures to the DC. He announced in public that the company has never been given the license to extract sand from Mayadip. He officially formed a 21-member-committee to protect the two islands from illegal sand extraction. The DC asked the villagers to monitor illegal sand grabbing by any means and assured that the administration would always be with the villagers. 

On the following day, however, the administration officers led by the AC of Land came to the island to make a geographical boundary to mark the point that the company must not cross. Yet, a couple of days later, the company broke the border and intruded into the prohibited area of the island to extract sand after midnight on regular basis. Whenever the villagers made further complaints to the local administration, no actual step against the company had been taken. 

On 9 December, the constant sand extraction resulted in the bank of the island sliding into the Meghna River. Some part of Mayadip and Nunertek islands had eroded. I am informed that when going to bed at night, the villagers could see their land, but when they wake up the next morning, they used see the river instead. On 10 December, the villagers organized protest against illegal sand extraction, and damaged the company's boats and dredgers and captured four of the sand grabbers, who were later snatched by a group of gunmen of the company. 

After the protest, two staff of the company, Mr. Sharif and Mr. Milon filed false cases against the villagers respectively at the Sonargaon police station of Narayanganj district and Meghna police station under the jurisdiction of Comilla district. It is alleged that the police took a bribe from the company and got a pressure from the ruling party. 

The villagers submitted a memorandum to the Prime Minister, Home Minister, and the Inspector General of Bangladesh Police with 5,000 signatures expressing opposition to the sand extraction and corrupt police and asking for immediate action. 

I am surprised to learn that on 20 April 2011, the government made a public notice on newspaper regarding areas leased for extracting sand in Nunertek and Mayadip islands. The administration does not seem to take into account the food security of the poor, which is actually their duty in accordance with the international human rights laws for which the government is legally obliged. The administration even ignored the national law, Balumahal and Soil Management Law 2010, which prohibits illegal sand extraction and promotes environment protection. It is clear that the company infringed the law. 

I am informed that the villagers filed a writ petition at the High Court Division of the Supreme Court of Bangladesh against the government's advertisement for lease. On 26 April, the Court issued a stay order stating that there should be no lease threatening the villagers. However, even after the stay order, it is observed that the company from time to time comes closer to the island for illegal sand extraction. I am aware that the villagers may face serious erosion and lose variety of fishes in the near future that will ultimately cause food scarcity for around 12,000 villagers. 

On the other hand, those who are charged in the two fabricated cases confront difficulty to manage their daily life. The Meghna police have not yet conducted a proper investigation of the case but have submitted a fabricated investigation report to the Judicial Magistrate's Court of Comilla district in compliance with the complaint made by the sand-grabbing company. The alleged accused persons of the two cases have to go to the courts every month for which, in one hand, they have to bear transportation fee, food and legal fees while on the other, their families face hunger. Given the fact that most of the villagers live with one USD per day, it corners them to the extremely poor condition. 

I, therefore, urge you to intervene into the case to bring justice and rule of law and to ensure their fundamental rights and environment protection by: 

1. Conducting thorough and impartial investigations into the case, 
2. Taking legal action against the company and the relevant officials who are involved in illegal sand extraction, 
3. Providing basic facilities for public health care, safe drinking water, public education and proper transportation. 

I look forward to your prompt response. 

Yours sincerely, 


---------------- 

PLEASE SEND YOUR LETTERS TO

1. Mrs. Sheikh Hasina 
Prime Minister 
Government of the People's Republic of Bangladesh 
Office of the Prime Minister 
Tejgaon, Dhaka 
BANGLADESH 
Fax: +880 2 811 3244 / 3243 / 1015 / 1490 
E-mail: pm@pmo.gov.bd 

2. Md. Rezaul Karim Hira 
Minister 
Ministry of Land 
Bangladesh Secretariat 
Dhaka-1000 
BANGLADESH 
Fax: +880 2 7172346 
E-mail: minister@minland.gov.bd 

3. Enamul Huq Mostafa Shaheed 
Minister 
Ministry of Social Welfare Affairs 
Bangladesh Secretariat 
Building No. 6 (2nd & 3rd Floors) 
Dhaka-1000 
BANGLADESH 
Fax: +880 2 7168969 
E-mail: sseba@citechco.net 

4. Secretary 
Ministry of Health and Family Welfare 
Bangladesh Secretariat 
Building No. 2 (3rd Floor) 
Abdul Gani Road, Dhaka-1000 
BANGLADESH 
Tel: +88 02 7160469 
Fax: +88 02 9559216 
E-mail: secretary@mohfw.gov.bd 

5. Mr. Nurul Islam Nahid 
Minister 
Ministry of Education 
Bangladesh Secretariat 
Building No. 6 (17th & 18th Floors) 
Dhaka-1000 
BANGLADESH 
Fax: +88 02 9514114 

6. Mr. Hassan Mahmud Khandker 
Inspector General of Police (IGP) 
Bangladesh Police 
Police Headquarters' 
Fulbaria, Dhaka-1000 
BANGLADESH 
Fax: +880 2 956 3362 / 956 3363 
E-mail: ig@police.gov.bd 

7. Mr. Asaduzzaman Mian 
Deputy Inspector General of Police (DIG) 
Dhaka Range 
Office of the DIG of Dhaka Range 
Shegun Bagicha, Ramna, Dhaka-1000 
BANGLADESH 
Fax: +880 2 8315838/ 9345858 
E-mail: digdhaka@police.gov.bd 
8. Mr. Md. Samsur Rahman 
Deputy Commissioner 
Office of the Deputy Commissioner 
District- Narayanganj, 
BANGLADESH 
Fax: +880 7630532 
E-mail: dcnarayanganj@moestab.gov.bd 

9. Mr. Md. Rezaul Ahsan 
Deputy Commissioner 
Office of the Deputy Commissioner 
District- Comilla, 
BANGLADESH 
Fax: +880 60303/30304 
E-mail: dccomilla@moestab.gov.bd 

10. Prof. Ghulam Rahman 
Chairperson 
Anti Corruption Commission 
1, Shegunbagicha, 
Dhaka 1000 
BANGLADESH 
Tel: +880 2 9353004-8 
Fax: 880 2 8333354 
Email: info@acc.org.bd 

11. Prof. Mizanur Rahman Khan 
Chairman 
National Human Rights Commission 
6/3 Lalmatia, Block-D 
Dhaka-1207 
BANGLADESH 
Fax: +880 2 9137743 
E-mail: nhrc.bd@gmail.com 

Thank you. 

Right to Food Programme (foodjustice@ahrc.asia) 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Hunger Alert General
Document ID : AHRC-HAG-003-2011
Countries : Bangladesh,
Issues : Environmental protection, Right to education, Right to food,