BELA Training Programme (BTP)
On 13-18 June, 2009 in Dhaka a 6 days long training program on Environment & Environmental Law was held at BELA Conference Room.The participants represented from various institutions such as Ministry of Environment & Forest, Ministry of Establishment, Ministry of Education, Dhaka City Corporation, Petrobangla, Bangladesh Public Service Commission, BIWTA, Bangladesh Institute of Development Studies (BIDS), Unnayan Shamannay, University of Rajshahi, University of Dhaka and so on. The training took into account a range of issues like Global and National Perspective on Environment; Global Warming and Climate Change: Impact on Bangladesh; Myths and Realities of Foreign Direct Investment; Marine Pollution: International Legal Regime and National Response; Status and Issues in Fisheries; Forest Issues, Bio-diversity & Habitat; Energy Issues: Sources & Use; WTO & Bangladesh: Key Issues and Concerns over TRIPs, SPS, AoA; Water Related Issues and Environment Conservation; Gender and Environment; Disaster Management: Bangladesh Perspective; Environmental Health Issues; Urban Development: Plans and Codes; Institutional Framework, Policies & Strategy on Environment Management and Role of Department of Environment. Relevant laws and litigations on environment were also discussed at the training by BELA lawyers. As a part of the training a field visit was also arranged at a composting plant of Waste Concern at Rupgonj, Narayangonj.
National level seminar on “Commercial Shrimp Aquaculture: Impacts on Food Security, Community and Environment”
28 August, 2009
Bangladesh Environmental Lawyers association (BELA), Association of Land Reform and Development (ALRD) & HDRC jointly organized a day long seminar at LGED Conference room, Agargong, Dhaka.
The aim of the seminar was to bring to the focus of the Government of Bangladesh (GoB) the plight of the people in areas where commercial aquaculture is taking place, and also problematic aspects of proposed bill. The Government of Bangladesh is currently in the process of formulating a policy on commercial aquaculture.
The welcome speech at the seminar was presented by Shamsul Huda, Director of ALRD where he emphasized that the government has not acknowledged people’s experiences of protests against this bill and the way the shrimp industry has so far functioned.
The key note paper at the seminar was presented by Syeda Rizwana Hasan, Executive Director of BELA. She presented findings from research concerning the problems associated with the current practice of commercial aquaculture and then went on to explain the problematic aspects of the proposed bill. The chief guest Lt. Colonel (rtd) Mr. Faruq Khan, Minister of Commerce was presented at the seminar.
Commercial aquaculture which started around the end of 1970s, is a growing industry in terms of land used for this purpose. In 2006-7 financial years, shrimp farming was on 217,000 hectares of land. The affected districts are Khulna, Bagerhat, Shatkhira in the southwest and Cox’s Bazar in the southeast of the country. It is not a big foreign exchange contributor as it is touted to be, the level of poverty is higher in areas where are there is commercial aquaculture compared to monga-ridden district of Nilphamari.
The major negative impacts of commercial aquaculture are:
1. Lack of food security
2. Detrimental effect on bio diversity and the environment
3. People’s right to land is being compromised
4. Traditional livelihood opportunities are being lost
5. Increased vulnerability to natural disasters
6. Women’s rights being compromised
7. Increase in law and order problems
Lastly, the proposed bill is not only anti- people, but also undemocratic, as it states firm steps will be taken against individuals and organizations who take part in activities that might negatively affect the shrimp export opportunities. The bill does not acknowledge at all the voices of the affected people, but only those few are profiting from commercial aquaculture.
In the concluding session it had been said by Khushi Kabir, Nijera Kori, one of the organizer of the seminar that the primary aim of the seminar was to share with government representatives the negative effects of commercial aquaculture on people’s lives through the voices of the effected people from those regions. It also aimed to share with the government representatives the problematic aspects of the proposed national bill on shrimp farming which is being formulated at the moment.
Regional conference on “The role of Forest Act to ensure rights of forest and forest dwellers”
21 November, 2009
A Workshop organized by BELA on November 21, 2009 at BRAC Centre Inn, Dhaka, emphasized on new legal enactments to protect the natural forests of the country and the forest dependant people. Relying on the legal developments that have taken place in neighboring Nepal and India, the workshop emphasized on defining and protecting “forest rights” and bringing people to actual forest management giving the forest department the role to monitor and provide technical assistance.
The workshop was attended by some 120 people from all forest areas of the country. The resource persons from Bhutan, India, Nepal and Pakistan shed lights on the different models of community forest management that are practiced in their respective countries and have played significant role in bringing back the degraded forest. The participants emphasized on exercising authorities under section 28 of the Forest Act, 1927 and framing rules to facilitate “village forest management” that requires the powers of the government on reserve forests to be handed over to nearby communities. While dismissing the notion of social afforestation as a model to regenerate natural forest, the participants held that mere “tree plantation” can not deliver the ecological services that natural forests can. They called for protecting the natural forests for the benefit of the forest dwellers and not to treat forest for commercial or market purposes.
The participants were also briefed about the Forest Rights Act (2006) of India that guarantees land rights and other rights of the forest dwellers over forests. While the law was passed in India amidst many challenges from the forest bureaucracy and the timber traders, the implementation of the law is also not going very smooth as the forest department is non-cooperative and the state machineries lack the spirit to deliver justice against the “historical injustice” that the law seeks to redress.
BELA handed over two draft laws on “Village Forest Rules” and “Forest Right Act and Rule” to the Chief Guest of the Workshop, Dr. Hasan Mahmud, M.P, the Honorable State Minister, Ministry of Environment and Forest urging him to necessary actions as Awami League, in its election manifesto promised to end the injustices to the forest dwellers and committed to establish their rights over forest areas.
The minister in his speech said that he has practical experience about the forest and forest dwellers and as such it is important to ensure the rights of the forest dwellers over forest. He mentioned in this regard that the forest which is under the direct control of the Government is facing difficulties to protect and preserve the forest. So, he emphasized to involve the forest people to ensure sustainable forest management. Reserved and protected forests of Bangladesh, can also be managed having learnings from neighboring countries like India. In this regard, it is important to ensure the rights and the equitable participation of forest dwellers in forest management. The Minister said that he would take necessary initiatives to protect and preserve the forest and the rights of the forest dwellers.
Amongst the resource persons present were Mr. Ritwick Dutta (India), Mr. Suddata Bikas Tongchoingga (Bangladesh), Ms. Rita Simkhada (Nepal), Mr. Talimand Khan (Pakistan), Mr. Tempa Drukpa (Bhutan), Ms. Malika Virdi (India) and Mr. Riaz Khan (Pakistan). The keynote presenter was Mr. Souparna Lahiri and discussion on the implementation of the forest act in India was presented by Mr. Prasant Mohanty.
Declare Ail affected areas as “Distressed Areas”
18 February, 2009
A Workshop was organized by BELA and BRAC on 18 February, 2010 at CIRDIP Auditorium, Chameleon house, 17 Topsham Road, Dhaka emphasizing on the enactment of disaster management laws and declaring the Ail areas as “Distressed areas”.
In the workshop, Dr. Md. Abdul Razzak, Minister of Food and Disaster Management presided over as the Chief Guest. The discussion was chaired by Dr. Babar Kabir, Director of BRAC and the legal viewpoints were illustrated by Syeda Rizwana Hasan, Chief Executive of BELA. On behalf of Aila affected people, Mr. Gazi Mohammed Kafiluddin of Koira, Khulna. Mr. Khondakar Azizul Haque Moni, Executive Director of Ulsee Sreejony Shongho, Jessore, Dr. Fostena Perrera, Director of Human Rights and Legal Aid work, BRAC, Mr. Mossaber Hossain, Manager, Aila Project, Action Aid, Bangladesh and H.M. Shahabuddin, Chairman of Koira Sadar, Union Parishad, Khulna, all spoke regarding the present horrifying condition of the Aila affected areas. The local people from the Ail affected coastal belt of Burial, Chula and Sather also participated in the discussion/workshop, where they upheld their grievances to the Honorable Minister.
On 25 May 2009, the districts of Khulna and Satkhira situated on the south western coastal belt of the country were hit by the fatal cyclone Ail and collapsed few embankments, submerged significant parts of the districts with strong tidal surge and left hundreds killed .and thousand others homeless and distressed. The cyclone damaged the embankments of Jaliakhalikhal, Golbuniachawk khal, Goonari noy belt gate khal, Nolian river’s gorakhal, Noliankloser khal, Pabna khal, Gilebaghi, No. 4, Pathorkhali, Angtihara, Jhapa, Chawal khola, Patakhali, Chawkbar, No.9 shora, Napithkali, and Jaliakhali and approximately 1.5 lakhs houses have been destroyed and lives were lost. According to the Government statistics, seven months after the cyclone, 49,810 families are still living on the embankments and is suffering from lack of food, clothing and shelter. Although newspaper reports have termed aila disaster, one that has been forgotten, but to the affected people, the memories of the past is still fresh in their mind.
Although Bangladesh is listed as a disaster prone country but still there is no legal framework in place to combat disasters and to set up rehabilitation programs. The existing standing order on Disaster management 1997 does not offer any legal rights to the local people in such situations. Also, the said document does not expressly state or give directions regarding the duties and responsibilities of a government in case of rehabilitation work. As a result, Aila affected victims are deprived from any rehabilitation program. Brac, Bela Action Aid, Ulse Sreejony, demanded declaring Aila areas as distressed area, enacting drafted laws on disaster management and finish construction of embankment by March 31, 2010. Furthermore, the aila affected people demanded immediate repair of the broken embankments and set up of necessary embankment and ensure rehabilitation of the affected people of the coastal areas.
The Minister in his speech stated that if Bangladesh Water Development Board fails to take effective measures to rebuild the Aila affected areas within 5 -7 days, then his Ministry along with the help of local people and civil servants will do the necessary to construct the embankments and make arrangements for the displaced people to return to their homes. He also stated that he will raise the issue of declaring Aila affected areas as “distressed areas” and enactment of laws in the next parliamentary meeting.
In the concluding session, Dr. Babar Kabir states that one of the reasons for the deteriorating condition of the Aila affected areas is due to the cultivation of shrimp by breaking embankments.
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