I. Introduction
The Smoke Over the Hills
Photo: Collected
This scene, repeated in various forms across the hills for decades—from the burning of Longadu to the silent evictions in Bandarban—is not just a tragedy of property loss. It is the frontline of a fierce ideological war. It represents the clash between two competing claims: the state narrative that aggressively asserts Bengalis are the only "indigenous" sons of the soil, and the lived reality of the Chakma, Marma, Tripura, Mro, Bawm, and other hill peoples, who are fighting for their very existence as the true indigenous custodians of the land. The core problem in Bangladesh's Chittagong Hill Tracts (CHT) is the ongoing land dispute between indigenous Jumma peoples and Bengali settlers, fueled by historical displacement, government resettlement policies, and incomplete implementation of the 1997 Peace Accord.
The conflict in
the Chittagong Hill Tracts is not a closed chapter of history but an active,
structural crisis that dictates the daily reality of the region today. It
persists primarily as a legal battle over land, where the state's refusal to
recognize customary ownership traps indigenous families in a nightmare where
their ancestral territory is seized as "government property," effectively
turning them into squatters on their own soil. This dispossession fuels a
desperate struggle for identity, as demographic engineering has reduced the
indigenous population from a clear majority to nearly half, creating an
existential fear of political irrelevance and cultural erasure. Ultimately, the
violence has simply shifted from military insurgency to a modern fight for
survival, characterized by economic strangulation and ecological destruction
that threaten the community's future just as severely as the wars of the past.
II. How the World Defines "Indigenous" — And Why It Was
Created
A Shield for the Vulnerable, Not a Sword for the Powerful
To understand why the hill tribes are indigenous and the majority population is not, we must first understand what the word "indigenous" actually means. It is not simply a synonym for "born in a country." The concept, as codified by the United Nations and the International Labour Organization (ILO), emerged from global human rights movements with a specific purpose: to protect small, distinct ethnic minorities who face marginalization and existential threats from a dominant state machinery.
The
term was created precisely to prevent the kind of oppression described in the
opening story. It is a legal shield designed for those who have retained
social, cultural, economic, and political characteristics distinct from those
of the dominant societies in which they live. "These people have a right to exist as
they are, on their own land, with their own culture."
Global Parallels
Across the world, the pattern is consistent.
"Indigenous" almost always refers to the minority with deep roots,
not the ruling majority.
•
India: The constitution
recognizes "Adivasis" (tribals) and Scheduled Tribes, distinct from
the mainstream caste-Hindu society.
•
Pakistan: Small, unique groups
like the Kalash people are recognized for their distinct indigenous heritage.
•
Nepal: The state recognizes
dozens of Janajati groups who have been historically marginalized by the ruling
elites.
•
The West: The Māori in New
Zealand, Aboriginals in Australia, and Native Americans in the USA are all
indigenous peoples living within nations dominated by settlers.
In
every case, the definition relies on power dynamics. Indigenous peoples are
those who were there before the
imposition of modern state borders and who struggle to maintain their distinct
institutions against a dominant culture.
The Dominant Majority: Ethnic Bengalis
Under the international definition,
ethnic Bengalis are Native, but they are generally not classified as
"Indigenous" in the human rights context.
· Dominance: They comprise 98%+ of the population. They
control the government, military, and legal system.
·
Culture: Their language (Bangla) and culture define
the nation-state.
·
Role: They are the state-builders.
The Mismatch: While Bengalis have lived in the delta for
millennia (being "native"), they hold the Dominant Political Power.
Therefore, they do not need the special legal protections designed for
"Indigenous" peoples.
The Indigenous/Minority
Groups: Pahari & Plains Adibashis
Groups such as the Chakma, Marma,
Tripura and rest of the jumma peoples (in the Chittagong Hill Tracts) and
the Santal, Garo, Oraon (in the plains) fit the international pattern
perfectly.
·
Minority
Status: They are numerically
small minorities compared to the Bengali population.
·
Distinct
Culture: They have distinct
languages (Tibeto-Burman, Austroasiatic), religions (Buddhism, Christianity,
Animism), and social institutions that differ from the Muslim/Hindu Bengali
mainstream.
·
Non-Dominant: They have faced historical marginalization,
displacement, and lack of political representation.
· Territorial
Connection: They have deep
ancestral ties to specific regions (like the Hill Tracts) that predate the modern
boundaries of the state.
· In the Chittagong Hill Tracts: The argument is, "We had our own distinct territory and laws here before the modern state encompassed us."
·
In
the Plains district of Bangladesh: The
argument is, "We were the first tillers of this soil and have maintained
our distinct community life despite being surrounded."
The Delta and The Mountains
The Indigenous Homeland: Chittagong Hill Tracts (CHT)
The Chittagong Hill Tracts (CHT) represents the clearest example in Bangladesh of an "Indigenous Homeland." It is not just a geographic region, but a distinct cultural sphere inhabited by peoples whose societies developed completely separately from the Bengali plains. Collectively known as the Jumma people (derived from their farming method, Jum), these groups—including the Chakma, Marma, Tripura, Mro, Bawm, Pankhua, Khumi, Khyang, Chak, Lusai, and Tanchangya—fulfill every criterion of the international definition of "Indigenous."
1.
Distinct Economic System: Jum Cultivation
For centuries, the defining feature
of this region was Jum (slash-and-burn or shifting cultivation).
·
Distinct
from the Plains: While the
Bengali majority practiced wet-rice plough agriculture in the flatlands, the
Hill peoples mastered steep-slope cultivation.
·
Cultural
Anchor: Jum is not just a
farming technique; it is the foundation of their festivals, social calendar,
and community bonds. It was this unique production of cotton via Jum that led
the Mughals to designate the area "Kapas Mahal."
2.
Distinct Political Institutions: The Circle System
Unlike the centralized administrative system of the plains,
the CHT has retained a traditional three-tiered governance structure that
exists alongside the modern state. This fits the ILO criterion of
"retaining some or all of their own political institutions.
o Chakma Circle (Rangamati area)
o Bohmong Circle (Bandarban area)
o Mong Circle (Khagrachari area)
· Village Governance: Below the Chiefs are the Headmen (Mouza level) and Karbari (Village level). They resolve social disputes and manage land according to customary law, a system totally distinct from the Bengali court system.
3.
Distinct Cultural & Linguistic Roots
The cultural divide between the CHT and the rest of
Bangladesh is a divide between two major linguistic families of Asia.
·
Language: The CHT peoples speak languages rooted in
the Tibeto-Burman and Arakanese families. This is entirely
distinct from Bangla, which is an Indo-European language. Garo belongs
to the Bodo-Garo branch of the Tibeto-Burman language family
(which is part of the larger Sino-Tibetan family). Santali is the most
widely spoken language of the Munda subfamily, which belongs to the larger
Austroasiatic language family. This makes it distantly related to
languages like Vietnamese and Khmer.·
Religion: The majority practice Buddhism (Chakma,
Marma), Hinduism (Tripura), Christianity (Bawm, Lusai), or Animism (Mro),
contrasting with the predominantly Muslim population of the plains. On the
contrary in the plain land the vast majority of Garo community (over 90% in
Bangladesh) have converted to Christianity (mostly Catholic and
Baptist). The Shift from Songsarek to Christianity. The original Khasi religion
is monotheistic, believing in U Blei Nongthaw (God the Creator). Today,
a significant majority of Khasis in Bangladesh have converted to Christianity
(Presbyterian and Catholic), though they retain their matrilineal customs.
Santal peoples’ traditional religion is often called Sarnaism or Sari
Dharam (Religion of Truth). It is fundamentally animistic. They believe
spirits (Bonga) reside in nature—in trees, hills, and rivers. Worship
takes place not in temples, but in a sacred grove called the Jaher Than
(a cluster of Sal trees preserved near the village).
4. The Plain land indigenous peoples:
The Santals are descendants of the
Austric-speaking Proto-Australoid race and are widely considered by
historians to be the earliest settlers of Greater Bengal, predating the arrival
of Indo-Aryans and the formation of settled Bengali society.
The Garo, who refer to themselves as A·chik Mande (literally
"Hill People" or simply "People"), are one of the most
culturally distinct Indigenous communities in the Bangladesh-India border
region. They are particularly renowned for being one of the few remaining matrilineal
societies in the world.
The Khasi people (who call themselves Ki Hynniew Trep, meaning
"The Children of the Seven Huts") are a distinct Indigenous community
primarily inhabiting the Khasi and Jaintia Hills of Meghalaya (India) and the
bordering districts of Sylhet and Moulvibazar in Bangladesh. Like
Garo people they are culturally renowned for their matrilineal society
(one of the few surviving in the world) and their unique forest-based lifestyle
in "Punjis" (clustered villages). They speak Khasi,
which belongs to the Mon-Khmer family of the Austroasiatic group. This
makes them linguistically distinct from their Tibeto-Burman neighbors (like the
Garo or Chakma). They have 4 forms of language which they speak, write and
formally use. These 4 forms are (War, Pnar, Khasi, Lyngngam)
·
A
defining characteristic of "Indigenous" status in international law
is vulnerability to state power. The plain land ethnic groups have lost
over 200,000 acres of ancestral land to the majority population and
state acquisition, fitting the criteria of a marginalized people needing
special protection.
· Their
social structures are fundamentally distinct from the Bengali majority. For
example, the Garo (Mande) and Khasi people practice a matrilineal
system (where lineage and property pass through the mother), which is entirely
unique compared to the patriarchal Bengali society. The Santals follow the ‘Manjhi-Pargana’
system of self-governance, which predates the British legal system.
·
Although
the Bangladesh Constitution (15th Amendment) uses the term "Tribes, Minor
Races, and Ethnic Sects" (Article 23A), Bangladesh ratified ILO
Convention 107 in 1972. This convention explicitly recognizes the rights of
these populations to their traditionally occupied lands, validating their
status under international law
5.
Historical Precedence
Crucially, these communities established their societies in
the Hills long before the arrival of the modern state or the Bengali settlers.
·
While
the delta (plains) was being settled and cultivated by Bengali speakers, the Hills
were considered a "wild" or separate frontier, inhabited by the Jumma
peoples.
·
Significant
Bengali migration into the Hill Tracts is a modern phenomenon (largely
post-1979), meaning the Hill peoples are the indisputable "First
Peoples" of that specific territory.
IV. Why Bengalis Cannot Be Classified as
Indigenous
The Sociological Reality
The claim that
"Bengalis are the indigenous people of Bangladesh" is a political
slogan, not an anthropological fact. Here is why:
1.
The Dominant Majority
Rule:
Bengalis constitute over 98% of the population. They control the army, the
parliament, the economy, and the cultural narrative. Under UN definitions, a
dominant ethnic group that controls the state apparatus cannot claim
"indigenous status" because the term exists specifically to protect
minorities from that very state
power.
2.
Lack of Ancestral Ties
to the Hills: While Bengalis are native to the deltaic plains, they are not
indigenous to the Chittagong Hill Tracts. The massive Bengali presence in the
CHT today is the result of state-sponsored settlement programs (transmigration)
initiated in the late 1970s and 80s, not ancient habitation.
3.
Vulnerability vs.
Power:
Indigenous status is defined by vulnerability—the risk of having one's land
seized and culture erased. Bengalis do not face cultural erasure in Bangladesh;
they are the erasers. The Chakma and Marma, however, fit every criterion of
vulnerability.
Redefining the dominant Bengali
majority as "Indigenous" would effectively weaponize the term against
the very people it was designed to protect. By claiming this status, the
majority could legally strip marginalized groups of their specific land rights
and safeguards. Therefore, while Bengalis are undeniably native to the soil,
the Chakma, Santal, Garo, and others are the true Indigenous Peoples—distinct,
non-dominant societies struggling to survive under the pressure of the state.
The term "Indigenous"
was created to stop oppression. If the majority claims the term, they strip it
of its meaning and power, leaving the actual marginalized communities
defenseless.
V. Why the Bangladesh Government Avoids Recognizing Indigenous
Peoples
The Fear of Rights and
Recognition
Why
does the state vehemently refuse to use the term "Indigenous"
(Adivasi), preferring terms like "Small Ethnic Minorities" or
"Tribals"? The answer lies in international law.
If Bangladesh formally recognizes the hill peoples as indigenous, it triggers
obligations under the UN Declaration on
the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169. This would mean the state must:
•
Protect ancestral land rights (challenging the legality of
Bengali settlements in the CHT).
•
Obtain "Free, Prior and Informed Consent" before
military or development projects.
• Grant higher degrees of regional autonomy.
This refusal is further fueled by a deep-seated
anxiety regarding national sovereignty; the political elite fears that granting
"Indigenous" status validates a "state within a state" and
could fuel separatist movements under the banner of self-determination.
Consequently, the government promotes the counter-narrative that ethnic
Bengalis are the true "natives" of the delta, a legal maneuver that
allows them to treat Indigenous lands as government property (Khas) and
prioritize centralized control over the autonomy and survival of these
marginalized communities. The state fears that recognition acts as a legal lever for land
claims. It threatens the nationalist ideology of a homogeneous Bengali Muslim
identity. To recognize the indigenous is to admit that the land does not belong
solely to the majority—an admission the government is unwilling to make.
VI. The Big Fish vs. Small Fish Dynamic
The Politics of Swallowing
History
is replete with examples of dominant cultures "swallowing" smaller
nations. The Romans swallowed the Gauls; the Chinese state exerts immense
pressure on Tibetan and Uyghur distinctiveness; the Pakistani state suppresses
Baloch identity.
In
Bangladesh, this is not a metaphor—it is a demographic and political reality.
The "Big Fish" (the Bengali state machinery) is actively swallowing
the "Small Fish" (the Jumma peoples).
This happens through the
imposition of the Bengali language in schools, the militarization of the hills,
and the systematic grabbing of land. By denying the hill peoples their
indigenous status, the state tries to dissolve their unique identity into the
belly of the general population, effectively saying, “You are not special, you are just a minority Bengali.” The tragedy of the CHT is that the "Small
Fish" are not asking
to eat the "Big Fish"; they are simply asking for a separate corner
of the pond where they can breathe. However, the state’s refusal to recognize
their Indigenous status indicates a refusal to grant that space.
The reality is stark: Unless the state acknowledges
the distinct rights of the Hill peoples, the dynamic will reach its natural
conclusion—the complete digestion of the Jumma nations into the belly of the
Bengali state, leaving them as nothing more than a folklore exhibit in a
museum.
VII. What Is at Stake — Why Recognition Matters
Survival or Erasure
This debate is not
academic; it dictates the future of over a dozen distinct ethnicities.
When the state refuses to recognize
the Chakma, Marma, Santal, and others as Indigenous, it classifies them merely
as "backward segments" of the general population. This legal void
creates a vacuum where rights are stripped away.
Without Recognition: The hill peoples remain "tribals" or
"minorities" with no special claim to the land. They remain
vulnerable to eviction, their languages fade from the curriculum, and their
distinct political institutions (like the Hill District Councils) are eroded by
central government interference.
Loss of Land (The "Khas" Trap): Without Indigenous
status, ancestral forests and Jum lands are legally categorized as "Khas"
(Government Public Property). The state can lease this land to the
military, tourism developers, or Bengali settlers without consent, treating the
original inhabitants as illegal squatters on their own soil.
Loss of Culture & Language: Dominant Bengali
culture (language, religion, dress) becomes the only standard for
"civilization." Indigenous languages are reduced to oral dialects
without state protection, leading to a slow death of the mother tongue in
schools and administration.
Loss of Political Autonomy: They remain subject
to the decisions of a centralized bureaucracy in Dhaka. Local government bodies
(like the Hill District Councils) remain powerless puppets, often led by
hand-picked loyalists rather than true representatives.
Loss of Safety (Militarization): Without the special
protections of international law, the heavy military presence in the CHT is
justified as "national security." Indigenous people face arbitrary
arrests, harassment, and violence with little legal recourse, as domestic law
treats these incidents as standard law-and-order issues rather than human
rights violations against a protected group
With Recognition: They gain a global platform. They gain legal
safeguards against military abuse and land grabbing. Most importantly, they
gain the dignity of having their history acknowledged—the right to say, "We were here first, and this land is
part of who we are."
Recognition acts as a legal shield. It
transforms the relationship from "Ruler vs. Subject" to "State
vs. Partner."
- Protection Under UNDRIP: Recognition
triggers the UN Declaration on the Rights of Indigenous Peoples
(UNDRIP). This is not just a document; it is a global standard that
forces the state to respect collective rights, not just individual ones.
- Irrevocable Land Rights: It validates Customary Land Rights. The state would be legally bound to recognize that land belongs to the community that has tilled it for centuries, even without paper deeds. "Khas" land claims would become invalid on Indigenous territory
- The Power of "FPIC" (Legal Safeguard): This is the most critical tool. It grants the right to Free, Prior, and Informed Consent (FPIC). The military cannot build a base, and a corporation cannot build a resort, without the explicit permission of the local Indigenous council.
- Cultural Preservation: It mandates
state funding for the preservation of distinct languages, religions, and
social institutions. It forces the national curriculum to rewrite history
books to include the pre-state history of these peoples.
- Respect & Dignity: It forces the
"Big Fish" to acknowledge the "Small Fish" as equals.
It validates their identity not as "guests" or "late
settlers," but as the First Peoples of the land, restoring
their moral authority and historical dignity.
"Without
this status, they remain trespassers on the soil of their ancestors; with it,
they reclaim the title deeds to their history and their future."
VIII. Conclusion — What Bangladesh Must Do & What the World Must
Demand
The Path Forward
A.
Why Bangladesh
Must Recognize Indigenous Peoples
Denying Indigenous
status is a denial of history and a barrier to the nation's own progress.
Recognition is essential for six key reasons:
Bangladesh
stands at a moral crossroads. It cannot claim to be a champion of justice on
the world stage while systematically disenfranchising the oldest inhabitants of
its own territories. For the sake of historical truth, human rights, and
sustainable peace in the Chittagong Hill Tracts, the state must abandon its
denial.
·
For
Justice: To acknowledge that
the Jumma people and Plains Adibashis
are not "guests" or "latecomers," but distinct societies
with the longest continuous history on their specific lands.
·
For
Human Rights: To align
domestic law with international standards (ILO Convention 169, UNDRIP),
ensuring that the most vulnerable populations have legal protection against
land grabbing and forced eviction.
·
For
Historical Truth: To correct
the national narrative that often erases the existence of the "Kapas Mahal"
era and the distinct administrative history of the Hill Tracts.
·
For
Peace in the CHT: The 1997
CHT Peace Accord remains largely unimplemented. Genuine peace cannot be built
on a foundation of denial. Recognition is the first step toward rebuilding
trust between the Hill peoples and the State.
·
The
creation of a Plain Land Land Commission is widely regarded by experts,
activists, as the only viable solution to stop the complete landlessness
of the Santal, Garo, and Oraon peoples. Without it, the "paper law"
of 1950 cannot stop the physical reality of dispossession. It is a
long-cherished dream for indigenous people living in the plain lands of
Bangladesh.
·
For
International Legitimacy: As
a leading contributor to UN Peacekeeping missions globally, Bangladesh
undermines its own moral authority by denying the rights of its own Indigenous
peoples at home.
The world cannot view this as an
"internal matter" when the markers of ethnic cleansing—displacement,
militarization, and settlement—are visible.
·
The
stakes are existential:
Without the protection of "Indigenous" status, the ancestral lands of
the Jumma peoples are treated as "Khas" (government) land, open for
settlement by the majority.
·
The pattern
is clear: The unchecked
militarization and state-backed settlement programs are designed to dilute the
Indigenous population until they become a minority in their own homeland.
·
The
responsibility: The
international community defined "Indigenous" to stop these
atrocities. It now has a duty to insist that Bangladesh applies this definition
honestly.
To stop the slow erasure of the
Chakma, Marma, and other hill peoples, Bangladesh must recognize them as
Indigenous — and the world must insist that it does. Silence is no longer an
option.



