A/55/280/Add.2
Bangladesh’s ethnic communities, which make up
slightly more than one per cent of the population and
are mostly located in the Chittagong Hill Tracts and on
the plains of the Greater Dinajpur, Rajshashi,
Mymensingh, Sylhet, and Tangail Districts. According
to information gathered from non-governmental
sources,
those
ethnic
groups
are
the
Bongshi/Rajbongshi,
Bawm,
Buna,
Chakma,
Koach/Koch, Garo/Mandi, Hajong, Harizon, Khami,
Khasi/Khasia, Khyang, Lushai, Mahat/Mahatu, Marma,
Manipuri, Mro, Mong, Munda/Mundia, Murang,
Pahari/Paharia, Pankue/Pankho, Pathor, Rajbansi, Sak,
Saontal/Santal, Tanchangya, Tipra/Tripura, Urang/
Oraon,
Uruo/Urua/Uria,
etc.
Among
these
communities, the largest are, in descending order, the
Chakma, the Santal, the Marma, the Tipra, and the
Garo. With regard to the Chittagong Hill Tracts, nongovernmental specialists say that whereas the Marma,
the Chakma and the Tanchangya are Buddhist
communities, smaller ethnic communities that were
originally animist, such as the Bawm, the Lushai, and
the Pankho, are gradually converting to Christianity, as
a result of missionary activity. Outside the Chittagong
Hill Tracts, the Garo (who have their own religious
traditions, which are reminiscent of animism) are
mostly Christians. According to the same sources, the
Koch, Hajong, Pathor and Manipuri are Hindu
communities. The Santal have preserved their animist
traditions, but they have been influenced by Hinduism,
and some have converted to Christianity. According to
the experts consulted, conversion to Christianity has
been taking place since the British colonial period, and
that this process was preceded by the spreading of
Hinduism in the northern and north-eastern border
regions, and of Buddhism among the Chittagong Hill
Tracts. There have been very few conversions to the
Muslim faith.
11. With respect to the Chittagong Hill Tracts, the
Special
Rapporteur
obtained
non-governmental
estimates indicating that ethnic communities, which
formerly accounted for most of the population (97.3
per cent in 1947), presently account for 50 per cent of
the population, due to the large (mostly Muslim)
Bengali community. According to information
provided by the Ministry for Foreign Affairs, the 1991
census found the following distribution of religions in
Rangamati: 26,382 Muslims, 8,871 Hindus, 12,006
Buddhists, and 217 Christians. The same sources gave
the following figures for the number of religious
institutions in the Rangamati Municipal Area: 31
4
mosques, 8 mandirs, 10 Buddhist temples, 2 churches,
2 madrasahs, 4 orphan centres, 26 maktabs, 5 Muslim
graves, 3 burning yards, and 1 Christian grave.
II. Legal aspects of freedom of religion
or belief
12. Before we consider the Constitution and other
legislation, we should note that Bangladesh is a party
to the following international human rights
instruments: the International Covenant on Economic,
Social and Cultural Rights; the Convention on the
Rights of the Child; the International Convention on
the Elimination of All Forms of Racial Discrimination;
the Convention on the Elimination of All Forms of
Discrimination against Women; the Convention against
Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment; the Convention on the
Political Rights of Women; the Convention on Consent
to Marriage, Minimum Age for Marriage and
Registration of Marriages; the Convention on the
Prevention and Punishment of the Crime of Genocide;
the International Convention on the Suppression and
Punishment of the Crime of Apartheid; the Slavery
Convention; the Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery; and the Convention
for the Suppression of Traffic in Persons and the
Exploitation of the Prostitution of Others.
A. Constitutional provisions
13. The Constitution approved by the Constituent
Assembly of Bangladesh on 4 November 1972 and
promulgated on 16 December 1972 was suspended on
24 March 1982 by a military coup d’état, and then
restored on 10 November 1986. Articles 39 and 41 of
the Constitution guarantee freedom of religion and
conscience and their manifestations, while defining
certain limits.
14. Article 39 guarantees (a) freedom of thought and
conscience; (b) the right of every citizen to freedom of
speech and expression; and (c) freedom of the press,
subject to any reasonable restrictions imposed by law
in the interest of the security of the State, friendly
relations with foreign States, public order, decency or
morality, or in relation to contempt of court,
defamation or incitement to an offence.