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BANGLADESH: Minority community deprived from offering worships in Naogaon

December 29, 2005

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ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Urgent Appeal

29 December 2005
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UA-249-2005: BANGLADESH: Minority community deprived from offering worships in Naogaon

BANGLADESH: Violation of minority rights, attempts for land grabbing, lack of government action

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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that in Naogaon, Bangladesh, attempts are underway to illegally occupy the land of a Hindu temple depriving the local Hindu community from offering worships at the temple. It is alleged that the land grabbing is attempted by a local Muslim family with the assistance of the local government officers. In Bangladesh Hindus is a minority community. It is also alleged that on 1 November 2005, the local devotees were prevented by the Muslim family from offering worship at the temple. The incident is reported from Choarpur village under the jurisdiction of Naogaon Sadar police station in Naogaon district. It is also alleged that the local police and the government agencies are not responding to the complaints of the local devotees.

It is also alleged that the Muslim family claming possession over the temple property has also approached the local court, which has eventually granted a temporary prohibitory injunction restraining anyone from entering the temple premises. The local police on the pretext of preserving the disputed land have now fenced the temple property and are also preventing the local devotees from offering regular worship and prayers at the temple. There are fears of community violence, particularly directed against the minorities if the situation is allowed to escalate into communal violence.

In light of this situation, the AHRC requests you to write to the relevant authorities seeking their immediate intervention in this matter. It is the responsibility of the Government of Bangladesh to ensure that religious minorities are protected against attempts on their properties and assets.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victims:

1.Mr. Bhabesh Chandra Ghose, son of Gakul Chandra Ghose
2.Mr. Ashutos Chandra Ghose, son of Gakul Chandra Ghose
3.Mr. Sattrandra Nath Ghose, son of Debandra Nath Ghose
4.Mr. Pabitra Ghose, son of Debandra Nath Ghose
5.Mr. Kedar Nath Ghose, son of Mohendra Nath Ghose; all living in the Village-Choarpur, all residing at  Pradhan Kunda, within the jurisdiction of Naogaon Sadar police station, Naogaon District, Bangladesh
Place of incident: Bat-toli, Choarpur village, Pradhankundi post office, Kirtipur Union, Naogaon Sadar police station, Naogaon District, Bangladesh
Date of incident: 1 November 2005
Time of incident: Around 8:00 PM
Name of the alleged perpetrators:
 
1.Mohammad Ataur Rahman
2.Mohammad Abdul Quaium
3.Mohammad Saidur Rahman
4.Mohammad Tofizur Rahman
5.Mohammad Mahidur Rahaman, all are sons of Mr. Sakendar Ali, residing at Choarpur village, Pradhan Kundi post office, under the jurisdiction of Naogaon Sadar police station, Naogaon District, Bangladesh.

Case details:

On 1 November 2005, the local Hindu community of the Choarpur village was prevented from performing two of their Hindu ceremonies by the members from a local Muslim family who were in an attempt to grab the land belonging to the local temple. The temple and the appurtenant land were retained by the temple for the last so many years.

According to the fact-finding report, conducted by the Centre for Human Rights Fact-Finding and Research (CHFR), in cooperation with the Task Force against Torture (TFT) of Naogaon district, a Muslim family was trying to grab the temple land The members of the family has filed a case (No. 224/05) at the Senior Assistant Judge -1 Court of Naogaon district on September 28, 2005, claiming the ownership the temple land. In the plaint, they have claimed that one Mr. Sakender Ali, formerly an Indian citizen and the father of the plaintiffs, exchanged his lands with one Mr. Kishori Ghose, son of the late Mr. Kunja Bihari Ghose, who has migrated to India after handing over his lands to Mr. Sakendar including the three ‘shatak’ (decimal) of land, where the temple is now situated.

Following the case, the court has passed a temporary prohibitory injunction restraining everyone from using the disputed land until further orders from the court. This temporary order has resulted in preventing those who are currently in possession of the property which includes the temple from using the temple and the appurtenant land for daily worship, which they have been carrying out for past so many years. The court has also ordered the local police to construct a boundary marker over the disputed land. However, the fencing was carried out not under the directions of the court, but under the directions of the plaintiffs who instructed the police to fence off the entire land thereby preventing anyone from entering the temple or offering worship.

However, the inhabitants of the village informed the fact-finding team that the land of Bat toli temple was under the possession of Mr. Kishori Ghose since 1962. However, in the official records of the year 1972 the land was recorded as ‘God’s land’. As an influential person Mr. Sekendar was trying to grab the land, which is already recorded as the temple’s property.

The situation has developed into tensions between the local Hindu and Muslim community, which if left unattended could escalate into violence. It is also alleged that some local hooligans taking advantage of the situation has removed the Hindu idols from the temple before 1 November 2005, which is an auspicious day for the Hindus. This has also prevented the local devotees from carrying out their worship on this date apart form the temporary prohibitory order from the court. It is alleged that the local Hindu leaders are unhappy with the entire process and they also allege that the domestic laws in Bangladesh are discriminatory to the minorities in Bangladesh. They also allege that the local administration including the court and the police and other government officers are showing an extremely discriminatory attitude towards the minority Hindu community.

SUGGESTED ACTION:

Please send a letter immediately to the Inspector General of Police and the others listed below expressing your concern about this case. Please ask them to take appropriate action in this case to ensure that justice is done without discriminatory attitude towards the minorities.

Sample Letter:

Dear _______,

Re: BANGLADESH: Minority community deprived from offering worships in Naogaon

Name of victims:

1.Mr. Bhabesh Chandra Ghose, son of Gakul Chandra Ghose
2.Mr. Ashutos Chandra Ghose, son of Gakul Chandra Ghose
3.Mr. Sattrandra Nath Ghose, son of Debandra Nath Ghose
4.Mr. Pabitra Ghose, son of Debandra Nath Ghose
5.Mr. Kedar Nath Ghose, son of Mohendra Nath Ghose; all living in the Village-Choarpur, all residing at  Pradhan Kunda, within the jurisdiction of Naogaon Sadar police station, Naogaon District, Bangladesh
Place of incident: Bat-toli, Choarpur village, Pradhankundi post office, Kirtipur Union, Naogaon Sadar police station, Naogaon District, Bangladesh
Date of incident: 1 November 2005
Time of incident: Around 8:00 PM
Name of the alleged perpetrators:
 
1.Mohammad Ataur Rahman
2.Mohammad Abdul Quaium
3.Mohammad Saidur Rahman
4.Mohammad Tofizur Rahman
5.Mohammad Mahidur Rahaman, all are sons of Mr. Sakendar Ali, residing at Choarpur village, Pradhan Kundi post office, under the jurisdiction of Naogaon Sadar police station, Naogaon District, Bangladesh.

I am writing to bring to your attention a recent case reported from Bangladesh regarding an attempt to illegally grab land belonging to a Hindu temple used by the minority Hindu community in Naogaon. I am informed that the attempt is perpetuated by a local Muslim family which enjoys preferential treatment from the local authorities.

The perpetrators have filed a civil case before the local court in which they have mislead the court to obtain a temporary prohibitory injunction restraining the local devotees from entering the temple and its appurtenant land. The court, while imposing the temporary prohibitory order has also directed the local police to protect the land till the dispute is finally resolved by the court. However, I am surprised to know that the local police on the pretext of carrying out the court order have in fact fenced the entire land as directed by the plaintiffs in the case.

I am also informed that the idols of worship has been removed by some hooligans who took advantage of the court order prior to 1 November 2005 thus preventing the local Hindu community from performing their regular rituals, particularly on 1 November 2005 which is an auspicious day for the Hindus.

I am informed that tensions are on the raise in the locality and if un attended it might escalate into communal violence. I therefore call upon you to immediately intervene in the situation and try to settle the matter amicably. I also urge you to take immediate steps that such attempts are not perpetuated in the future and that the minority rights are respected in Bangladesh. If necessary an impartial judicial inquiry must be conducted into the incident. I also urge you to take appropriate actions into the alleged discriminatory attitude of the local police and bring the officers to justice if found guilty.

Finally, I call on the Government of Bangladesh to introduce legislation to ensure the rights of religious minorities and that they are treated fairly.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Mr. Abdul Quayum
Inspector General of Police (IGP)
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054, 7176451, 7176677, 8362552 or 8362553
Fax: +88-02-9563362, 9563363

2. Mr. Mosharraf Hossain Shahjahan MP
State Minister
The Ministry of Religious Affairs
Government of the People’s Republic of Bangladesh
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-8112308 (O)
Fax: +88-02-7165040 (O)

3. Mr. Md. Lutfozzaman Babor MP
State Minister
The Ministry of Home Affairs
Government of the Peoples’ Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069, 8359000
Fax: + 88-02-7160405, 7164788

4. Mr. A. J. Mohammad Ali
The Attorney General of Bangladesh
The Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568

5. Mr. Syed J. R. Mudassir Husain
The Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058

6. Ms. Asma Jahangir
Special Rapporteur on Freedom of Religion or Belief
c/o Office Of the High Commissioner for Human Rights
United Nations at Geneva
8-14 ave de la Paix
1211 Geneva 10
SWITZERLAND
Fax: (+41 22) 917 9006
E-mail: freedomofreligion@ohchr.org or nmontchovet@ohchr.org

7.  Ms Gay Mcdougall
Independent Expert on Minority Issues
c/o Global Rights
1200 18th Street, N.W.  
Suite 602  
Washington, D.C. 20036
Phone: 202.822.4600
Fax:  202.822.4606
Email: gaym@globalrights.org

8. Ms. Yakin Erturk
Special Rapporteur on Elimination of violence against women
c/o Ms Lucinda Ohanlon
Room 3-042
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006
Email: lohanlon@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-249-2005
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.