Minority Rights: Global and Bangladesh perspectives

What is minority? Classification of Minority.

The term "minority" refers to a group of people who are in a numerical minority compared to the rest of the population. This can be due to various factors, including race, ethnicity, religion, gender, sexual orientation, age, disability status, or other characteristics. Members of minority groups may face discrimination or unequal treatment based on their minority status, and may experience social, economic, or political disadvantages as a result. It is important to note that the definition of minority can vary depending on the context and location, and that some groups that are considered minorities in one place may not be in another.

Classification:

Minorities can be classified in various ways based on different criteria. Here are some common ways of classifying minorities:

Racial Minorities: Racial minority refers to a group of people who are in a numerical minority compared to the rest of the population, and who share a common racial identity. Racial minority groups can face discrimination or unequal treatment based on their race, ethnicity, or skin color. Examples of racial minorities include African Americans, Hispanic/Latinx Americans, Asian Americans, Native Americans, and Pacific Islanders. The experience of being a racial minority can vary depending on the social and political context, and may involve facing prejudice, discrimination, and systemic barriers to social and economic advancement. It is important to promote equality and inclusion for all members of society, regardless of their race or ethnicity.

Ethnic Minorities: Ethnic minority refers to a group of people who share a common cultural or national identity, and who are in a numerical minority compared to the rest of the population. Ethnic minority groups can face discrimination or unequal treatment based on their cultural or national identity, language, religion, or other aspects of their heritage. Examples of ethnic minorities include the Roma in Europe, the Maori in New Zealand, the Ainu in Japan, and various indigenous groups around the world. Like racial minorities, the experience of being an ethnic minority can vary depending on the social and political context, and may involve facing prejudice, discrimination, and systemic barriers to social and economic advancement. It is important to promote cultural diversity and respect for different cultural traditions, and to work towards creating a society that values and includes all ethnic minority groups.

Religious Minorities: Religious minorities refer to groups of people who hold religious beliefs or practices that differ from the dominant religion(s) in a given region or country, and who are in a numerical minority compared to the rest of the population. Examples of religious minorities include Jews, Muslims, Hindus, Buddhists, Sikhs, and various other minority religions. Religious minorities can face discrimination or persecution based on their beliefs, and may experience social, economic, or political disadvantages as a result. Religious minorities may also face restrictions on their ability to practice their religion freely or may be targeted for hate crimes. It is important to promote religious tolerance and respect for different religious beliefs and practices, and to work towards creating a society that values and includes all religious minority groups.

Sexual and Gender Minorities: Sexual and gender minorities refer to individuals whose sexual orientation or gender identity differs from the heterosexual and cisgender norm. This includes individuals who identify as lesbian, gay, bisexual, transgender, queer, questioning, intersex, or asexual. Sexual and gender minorities can face discrimination, prejudice, and violence based on their sexual orientation or gender identity, and may experience social, economic, or political disadvantages as a result. In many countries, sexual and gender minorities do not have the same legal rights and protections as heterosexual and cisgender individuals. It is important to promote equality and inclusion for all members of society, regardless of their sexual orientation or gender identity, and to work towards creating a society that respects and values diversity in all its forms.

Initiatives of United nations for minorities:

The United Nations (UN) recognizes that the concept of minority is complex and multifaceted, and has provided several definitions of minority over time. Here are some of the key UN definitions of minority:

The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992) defines minorities as "groups numerically inferior to the rest of the population of a state, in a non-dominant position, whose members being nationals of the state possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards preserving their culture, traditions, religion or language."

The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (1995) defined minorities as "groups numerically inferior to the rest of the population of a state, in a non-dominant position, whose members possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and who, if only implicitly, maintain a sense of solidarity directed towards preserving their culture, traditions, religion or language."

The UN High Commissioner for Human Rights (2006) defined minorities as "groups of people who are numerically smaller than the rest of the population of a State or a specific part of a State, and who are different from the majority in terms of their ethnic origin, language, culture, religion or other characteristic."

These definitions emphasize the numerical, non-dominant position of minority groups, as well as their distinct ethnic, linguistic, religious, or cultural characteristics and their sense of solidarity and desire to preserve their identity.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a non-legally binding instrument adopted by the United Nations General Assembly on September 13, 2007. The declaration recognizes the collective and individual rights of indigenous peoples around the world, including the right to self-determination, culture, language, land, and resources.

UNDRIP is a landmark document that represents a major shift in the way the international community recognizes and respects the rights of indigenous peoples. It was developed over a period of more than 20 years through a series of consultations and negotiations between indigenous peoples, UN member states, and other stakeholders.

The declaration contains 46 articles that cover a wide range of issues affecting indigenous peoples, including their right to participate in decision-making processes that affect them, their right to maintain and develop their own cultures, languages, and traditions, and their right to access and control their traditional lands, territories, and resources.

While UNDRIP is not a legally binding instrument, it is considered to be a powerful tool for advocacy and policy development, and has been used to advance the rights of indigenous peoples in many countries around the world.

UN Resolution 47/135, adopted on December 18, 1992, is titled "Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities." It reaffirms the commitment of the international community to the protection of the rights of minorities and recognizes the importance of promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities.

The declaration emphasizes the right of minorities to enjoy their own culture, to profess and practice their own religion, and to use their own language. It also recognizes their right to participate in the economic, social, cultural, and political life of the country in which they live and to enjoy effective equality before the law.

The resolution calls on all states to take effective measures to prevent and eliminate discrimination against minorities and to promote tolerance and understanding between different groups. It also encourages states to ensure that minorities are adequately represented in public life and decision-making processes.

Overall, UN Resolution 47/135 represents a significant milestone in the recognition and protection of the rights of minorities at the international level.

Bangladesh perspectives of minorities:

Bangladesh is a diverse country with many minority groups, including ethnic, religious, and linguistic minorities. The Constitution of Bangladesh recognizes the rights of all citizens, regardless of their ethnicity, religion, or language, and prohibits discrimination on these grounds.

The 15th Amendment to the Constitution of Bangladesh, which was adopted in 2011. This amendment introduced several changes to the Constitution, including the addition of Article 23A, which relates to the rights of minorities in Bangladesh.

Article 23A of the Constitution of Bangladesh states:

"23A. (1) The State shall endeavor to ensure equal opportunities to all citizens irrespective of religion, caste, sex or place of birth.

(2) The State shall adopt effective measures for the purpose of—

(a) eliminating all forms of discrimination and oppression on the ground of religion, race, caste, sex or place of birth;

(b) ensuring full and equal participation of women in all spheres of national life;

(c) protecting the rights and interests of minorities, including their culture, language, religion and education; and

(d) protecting the rights of the children and of the women."

This article emphasizes the state's responsibility to ensure equal opportunities for all citizens, and to eliminate discrimination and oppression based on religion, race, caste, sex, or place of birth. It also highlights the importance of protecting the rights and interests of minorities, including their culture, language, religion, and education.

Challenges of the protection of minority rights in Bangladesh

In practice, some minority groups in Bangladesh have faced various forms of discrimination, marginalization, and human rights violations. For example, the Rohingya Muslim minority, who are mostly stateless and have been living in refugee camps in Bangladesh after fleeing persecution in Myanmar, have faced widespread discrimination, restrictions on their movement and access to education and healthcare, and occasional violence.

Other minority groups in Bangladesh, such as the indigenous communities and the Hindu minority, have also faced various forms of discrimination and marginalization, including land grabbing, forced displacement, and limited access to education, healthcare, and other services.

The protection of minority rights in Bangladesh faces a number of challenges. Here are some of the key challenges:

·??????Political Instability: Bangladesh has experienced political instability for many years, which has undermined the rule of law and made it difficult to effectively protect minority rights.

·??????Discrimination: Discrimination against minority groups is a widespread problem in Bangladesh, and can manifest in various forms, including violence, harassment, and exclusion from social, economic, and political opportunities.

·??????Lack of Legal Protection: Despite legal protections for minority rights, including provisions in the Constitution and laws protecting against discrimination, implementation and enforcement of these protections can be weak and inconsistent.

·??????Religious Tensions: Tensions between different religious groups in Bangladesh can result in violence and discrimination against minority communities, particularly those who are not part of the dominant religion.

·??????Lack of Access to Justice: Minority groups often face barriers to accessing justice, including language barriers, discrimination by law enforcement, and a lack of legal representation.

·??????Displacement: Displacement due to conflict, natural disasters, or development projects can disproportionately affect minority groups, leading to further marginalization and discrimination.

·??????Economic Marginalization: Minority communities in Bangladesh often face economic marginalization and lack of access to basic services, including healthcare, education, and employment opportunities.

Recommendations to protect minority rights in Bangladesh

Addressing these challenges requires a commitment from the government and civil society to protect the rights of minority communities, and to address the underlying causes of discrimination and marginalization. This includes strengthening legal protections, addressing religious tensions, improving access to justice and basic services, and promoting social and economic inclusion of minority groups.

Here are some recommendations to protect minority rights in Bangladesh:

·??????Strengthen Legal Protections: The government of Bangladesh should take measures to strengthen legal protections for minority rights, including better enforcement of existing laws and international treaties, as well as the creation of new legislation to address emerging issues.

·??????Address Discrimination: Efforts should be made to address discrimination against minority groups in all areas of life, including education, employment, housing, and access to public services. This can be done through awareness-raising campaigns, affirmative action programs, and measures to promote diversity and inclusion.

·??????Promote Interfaith Dialogue: The government and civil society should promote interfaith dialogue and understanding to reduce tensions between different religious groups in Bangladesh.

·??????Increase Access to Justice: The government should ensure that minority communities have equal access to justice, including by providing legal aid, training law enforcement officials to work with minority communities, and establishing specialized courts to address issues facing minority groups.

·??????Improve Socio-Economic Conditions: The government should take measures to address economic marginalization of minority groups, including improving access to education and healthcare, and creating economic opportunities in areas with high concentrations of minority communities.

·??????Foster Participation and Representation: The government should foster the participation and representation of minority communities in decision-making processes at all levels, including through consultation and partnership with community-based organizations.

·??????Strengthen International Cooperation: The government should strengthen international cooperation with relevant UN agencies, NGOs, and other stakeholders to promote the protection of minority rights, and to share experiences and best practices in this area.

Overall, protecting minority rights requires a multi-sectoral approach that involves the government, civil society, and the international community working together to address the underlying causes of discrimination and marginalization.

The government of Bangladesh has taken some steps to address these issues, including establishing a Ministry of Chittagong Hill Tracts Affairs to promote the rights of indigenous communities, and setting up the National Minority Commission to protect the rights of religious and ethnic minorities. However, there is still much work to be done to ensure that all minority groups in Bangladesh are able to enjoy their human rights and live free from discrimination and marginalization.