A/55/280/Add.2
No. 29 of 1972, changed the nomenclature to Vested
Property Act, without altering the content of the law.
According to information from non-governmental
sources, the Government of Bangladesh has, within the
framework of this law, taken possession of property
declared to belong to the enemy, by appropriating the
property of members of the Hindu minority who had
migrated to India, or by appropriating the property of
people who were heirs or co-owners. Furthermore, to
this day, interest groups and individuals continue to
appropriate property belonging to the Hindu
community, and indeed to do so with the complicity of
the authorities and of influential people. In a
significant number of cases, Hindus are dispossessed of
their property, even when they are the legal owners of
such assets. According to non-governmental sources,
Clause 2 of Order No. 29 of 1972 states that none of
these grounds may be challenged by a court.
Furthermore, neither the Order nor the Vested Property
Act has ever been revised.
32. According to the non-governmental sources, at
least two million acres of land have been seized from
Hindu landowners under the Vested Property Act. This
law represents a major source of insecurity and of
human rights violations against the Hindu community.
It also affects the northern Hurukh/Oroan tribes, which
are not Hindu, but are perceived as such because of
their Hindu roots. In the view of non-governmental
organizations, it is therefore clear that the Vested
Property Act is detrimental to minorities and to the
religious harmony of Bangladesh.
33. In December 1998, the Government set up a
parliamentary subcommittee under the Ministry of
Land, to repeal the Vested Property Act and reinstate
the vested property to the original owners. This
committee has prepared a bill, which is due to be
presented to Parliament. It appears, however, that this
bill would present serious problems. According to the
non-governmental sources, the bill provides that
properties legally vested under the ownership of the
Government and those declared to be enemy or vested
property after 16 February 1969 will not be considered
as vested property after the said period. Most Hindu
property, however, was declared vested property after
that date. The bill also states that the proprietorship
status of the vested property will not be challenged if
the property was transferred to the Government, a
government institution, or to a private individual, has
been sold or has been handed over permanently by the
Government at the directives of a court. It will not even
be possible to challenge such cases in court. According
to the non-governmental organizations consulted, these
provisions are contrary to the spirit and objectives of
the bill. The bill also provides that if the original
owners do not submit their ownership documents to a
court within 180 days following promulgation of the
law, their property will be acquired by the Government.
This time period is considered too short by the Hindu
community. Lastly, the bill provides that in the event of
the decease of the original owner, rights of inheritance
shall apply in accordance with Hindu religious
personal laws. Hindu women would therefore be
automatically excluded from inheritance, since Hindu
religious personal laws do not accord any rights of
inheritance to women. The bill, which is still in the
study phase, therefore presents major difficulties.
III. Influence of the political sphere on
freedom of religion or belief
A. Consultations with the authorities
34. Most of the official sources consulted — the
Minister of Foreign Affairs, the Minister of Justice, the
Minister of Religious Affairs, the Minister for the
Chittagong Hill Tracts, the Secretary for the Interior,
and the Chief Justice — said that the Government was
in favour of secularism, and operated within the
framework of the Constitution, which was based on the
principles of non-discrimination and freedom of
religion and belief. They believed that Bangladesh was
a country characterized by harmony among the various
religious communities, and especially between the
Muslim majority and non-Muslim minorities.
35. The Minister of Religious Affairs noted that
freedom of religion and of religious practice was
guaranteed under constitutional and penal laws, as well
as under religious personal laws, and that each
community had a right to define its own religious
institutions. He said that the State would not interfere
in communities’ internal religious affairs. He added
that public funds were allocated to these communities
(including the Islamic Foundation, Buddhists, Hindus,
and Christians) and that these funds were regulated by
Government ordinances (for example, the Hindu
Religious Welfare Trust Ordinance of 1983, amended
by the Ordinances of 1985, 1986 and 1989; the
Buddhist Religious Welfare Trust Ordinance 1983).
7