FACT FINDING REPORT

April 2014

PROMOTING RIGHTS AND ACCESSIBILITY OF THE ULTRA POOR IN CHAR LAND AREAS THROUGH DEMOCRATIC LOCAL

GOVERNANCE (PRADG) PROJECT

(Grant Contract: EIDHR/2013/297-038).

Fact-Finding Report

Produced inMarch 2014

Produced ByConcern Universal, BangladeshManab Mukti Sanstha (MMS), Sirajgonj

Funded byEIDHR Programme of the European Union (EU)

Team LeaderShankor PaulHead, Human Rights Unit, Concern Universal

Fact-Finding Team: Jhuma Halder Samir Kumar Das Mizanur Rahman Abdus Sattar Rasel Ali.

Acknowledged to: All UP representatives who supports us through providing reported information) All Police officials of the Police station of Belkuchi, Chowhali, S. Sadar, Shahjadpur

and Kazipur upazila (who supports us through providing reported cases). The people in selected Char land areas (who shared information through interaction).

This fact finding report has been produced with the financial assistance of the EIDHR Programme of the European Union. And, the views or opinion presented herein doesn’t endorsed by the European Union.

The use and sharing of the information contained in this report is encouraged with acknowledgement of the source. This report can be downloaded on CUB and MMS website.

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Table of contents

Executive Summary...............................................................................................................................3

Chapter One...........................................................................................................................................4

INTRODUCTION.................................................................................................................................4

1. Introduction.......................................................................................................................................4

1.1 Objectives........................................................................................................................................4

1.2 Rationale..........................................................................................................................................4

1.3. Methodology...................................................................................................................................5

1.4. Situation of Monitoring Area..........................................................................................................5

Chapter Two: EXISTING STATUS OF REPORTED COMPLAINTS IN THE UPS...........................6

2.0 Introduction.....................................................................................................................................7

2.1 Existing status of reported complaints.............................................................................................7

Chapter Three: EXISTING STATUS OF REPORTED CASES IN THE POLICE STATION.............9

2.0 Introduction.....................................................................................................................................9

3.1 Sirajganj Sadar Police Station:.........................................................................................................9

3.2 Belkuchi Police Station..................................................................................................................10

3.3 Shahjadpur Police Station:.............................................................................................................10

3.4 Chowhali Police Station:...............................................................................................................11

3.5 Kazipur Police Station:..................................................................................................................12

3.6 Comparative status of reported cases in five Police stations:.........................................................12

Chapter Four: COMPARATIVE FINDINGS......................................................................................14

4.0 Introduction...................................................................................................................................14

4.1 Comparative Findings:...................................................................................................................14

4.2 Compare with Other sources of information:.................................................................................17

Chapter Five: SUGGESTION AND CONCLUSION..........................................................................18

5.0 Introduction:..................................................................................................................................18

5.1 Proposed suggestions of the Char-land people:.............................................................................18

5.2 Proposed suggestions of the Police officials:.................................................................................18

5.3 Proposed suggestions of the UP representatives:...........................................................................18

5.4 Challenges.....................................................................................................................................19

5.5 Conclusion.....................................................................................................................................19

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Executive Summary

The fact-finding report is as an integral part of the PRADG project. This report is produced on the basis of information on reported complaints/cases in relation to the specific human rights violation issues of the Char land people to 30 Union Parishads and five police stations of Sirajganj district. The process applied a template and checklist to collect necessary information through interview and interaction with UP representatives and police officials for last 8 months (May to December, 2013). This also included a section of Char-land people to extract their perception on the reported complaints/cases. Major Highlights:The finding reveals that:

Only 5 Unions maintained official records on the reported complains out of 30 Unions in Char land areas of Sirajganj district. It means that 16.67% Unions recorded the complaints of the local people and they only recorded 47 complaints, which is very low comparing to people’s perception on prevailing incidences.

Off the reported complaints to 5 UPs, 21 complaints were related to land conflict matters, 10 complaints related to dower and maintenance, 6 complaints related to monetary matter (i.e. breach of verbal contract), 6 complaints related to pressure for dowry, 2 complaints related to restitution of conjugal rights, 1 related to divorce and 1 complaints related to forcible marriage.

Off the total 47 reported complaints to UPs, 45 complaints are being resolved by the UP Salisah system and only 2 complaints were found pending.

Total 141 cases were reported to 5 police stations (i.e. Sadar, Kazipara, Belkuchi, Shahjadpur, Chowhali police station).

Off the total recorded cases, 50 cases were related to repression & murder for dowry, 41 cases related to rape along with rape after kidnaping and murder after rape, 38 cases related to kidnaping of women & girls, 7 cases relation to sexual exploitation, 4 cases related to acid throwing, 1 case related to trafficking.

The status of the total 141 recorded cases reveals that police were in the process of investigation for 66 cases, police provided charge sheet for 54 cases, and police submitted final report (FRT) for 21 cases.

Local Police identified 107 accused under the 141 recorded cases but no information is defined on the arrested people as accused.

The police officials mainly applied three basic laws/Act for the recorded cases, which are as follows:

- “women and children oppression (prevention) act, 2000 (amendment 2003), - The Penal Code, 1860 (section, 143, 440, 323,324, 307, 300, 302, 427), - Acid Crime Prevention Act, 2002 (section-5 & 7).

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Chapter One

INTRODUCTION

1. Introduction

The fact finding report is jointly produced by Concern Universal, Bangladesh and Manab Mukti Sangtha (MMS) under the PRADG (Promoting Rights and Accessibility of the ultra-poor people in Charland areas through Democratic Local Governance) project. This report strategically considered information on the reported complaints and cases of the Char land people to Union Parishads and police station, aiming to sensitize the institutional authorities on the issues related to complaints and cases, and enable char-land people to raise their concerns. Because the ground context of Char-land reveals that more than 63% of ultra-poor people1 are unable to get access to institutional services due to their geographical isolation, illiteracy, lack of awareness and confidence to raise or report their issues and unavailability of service options (in Char-land areas). All these are denying the rights and entitlements of the ultra-poor people as human being.

Considering that the project has taken an initiative to extract ground information on the reported complaints and cases, which are related to human rights violation issues to produce a report for all local service institutions so that they can work together for taking joint action in advancing rights and access to justice for the ultra-poor people in Char land areas.

1.1 Objectives

The objective of this report is “to inform the local institutions and authorities about the state of incidences in relation to human rights violation in char-land areas of Sirajganj district to reinforce local initiatives and actions in advancing people’s rights and access to justice”.

1.2 Rationale

Human rights are commonly understood as inalienable fundamental rights which is applicable everywhere and the same for everyone. The idea of human rights promoting and making accessible suggests public considerable skepticism and debates about the content, nature and justifications of human rights to this days. The question of right is philosophical debate. In char-land, a large section of people, who defined as ultra-poor are completely detached from the development flow. The existing processes are often denying their rights and entitlement to survive as human being. This group can be referred with the legal term “Paupers” (Order – XXXIII, Code of Civil Procedure – 1908) because the paupers are the

1 According to baseline survey information of the PRADG project, September, 2013

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indigent person means not to earn more than 6000 tk. monthly, yearly average 3000 tk. (Legal Aid Act – 2000), who needs legal aid and other supports to live with their rights and dignity.

It was observed that the ultra-poor people, particularly women face diverse types of violence that often denying their rights and dignity. But the reality is that only few incidences are reported to the respective local institutions (i.e. police station and Union Parishad). Considering the ground reality, the information on reported complaints and cases were collected from the local UPs and police stations and analyzed for defining way forward to improve rights and access of the ultra-poor people to all local service institutions.

1.3. Methodology

The process of fact-finding reporting applied a set of qualitative methods and tools to extract information on the reported complaints/cases in the UPs and Police stations. A separate data template was used for collecting recorded cases in the police station and UPs. There is also applied a checklist for collecting opinion and perception of the ultra-poor groups and civil society action groups through focus group discussion (FGD) in selected char-land areas.

The collected data/information were then analyzed by using simple statistical techniques and presented in table and graphical frames to visualize the state of reported cases in relation to human rights violation of the ultra-poor, particularly women.

1.4. Situation of Monitoring Area

Sirajgonj is the one of char-land concentrated district of Bangladesh. Basically, char-land has different characteristics in the terms of livelihood, tradition, health and sanitation and social norms from the main-land. The nature of people is different than the other area people. The situations of human rights violation in this area are also different. The team defined a diverse nature of violence in these area, which are related to family matters like restitution of conjugal rights, divorce, dower, guardianship, forceful marriage, maintenance, land matters like eviction, forceful land grabbing, violation of financial contracts regarding land selling, earth cutting, theft, rape, murder after rape, dowry, death for dowry, kidnapping, sexual exploitation, rape after kidnapping, unnatural offence, trafficking, acid throwing etc.

The ultra-poor people were found with very limited experiences to seek support of police stations for reporting of their cases. The ultra-poor people have no information on legal aid and supports for seeking justice. They also noticed that they have fear feeling to visit police station rather they feel more comfort to report their complaints to local UPs.

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However, as integral part of this fact-finding reporting, the team visited total 30 Union Parishads and 5 police stations, which are as follows:

SL Sources of Information Status of reported complaintsUpazila Name of UPs Complaints recorded Complaints not recorded

1. S. Sadar Mesra UP2. Kawakola UP3. Ratankandi UP4. Belkuchi Belkuchi Sadar UP5. Rajapur UP6. Bardhul UP7. Chowhali Ghorjan UP8. Khaspukoria UP9. Kashkawlia UP10. Baghutia UP11. Omorpur UP12. Sodia Chandpur UP13. Sthal UP14. Shahjadpur Beltoli UP15. Kukni UP16. Potajia UP17. Prtjona UP18. Habibullahnagar UP19. Sonatoni UP20. Gala UP21. Jalalpur UP22. Kazipur Maijbari UP23. Natoarpara UP24. Gandhail UP25. Shuvogacha UP26. Nichintapur UP27. Char Girish UP28. Monsurnagar UP29. Tekani UP30. Khasrajbari UP

SL Name of the Police Station Status of recorded casesRecorded Non-recorded

1. Sirajganj Sadar 2. Belkuchi3. Shahjadpur4. Chowhali5. Kazipur

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Information found

Chapter TwoEXISTING STATUS OF REPORTED COMPLAINTS IN THE UPS

2.0 Introduction

This chapter is analyzed the reported complaints of the people in the selected UPs. The information of reported complaints is the presented in line with specific nature of violence to inform the audience to search future actions.

2.1 Existing status of reported complaints

The existing status of reported complaints reveals that only 5 Unions maintained official records on the reported complains out of 30 Unions in Char land areas of Sirajganj district. It means that 16.67% Unions recorded the complaints of the local people and they only recorded 47 complaints, which is very low comparing to people’s perception on prevailing incidences.

Off the reported total complaints, 21 complaints were related to land conflict matters, 10 complaints related to dower and maintenance, 6 complaints related to monetary matter (i.e. breach of verbal contract), 6 complaints related to pressure for dowry, 2 complaints related to restitution of conjugal rights, 1 related to divorce and 1 complaints related to forcible marriage (figure-1 and table-1). The status of reported complains noticed that land matters & conflicts is highly prevalent in char-land areas because of people’s displacement (due to river erosion, and frequent flooding), land grabbing and verbal contract in land selling and buying proceedings and controlling of land allocations in newly settled char-land.

Figure-1: Existing status of reported complains in the UPs

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The monetary matters are mostly linked with negligence in repaying loans (from land owners) and breach of contract. And, the dowry is linked with marriage and while the groom family failed to provide demanded dowry of the bride family, it often transformed into a complaints.

The findings of discussion with UP representatives reveals that off the total 47 reported complaints to UPs, 45 complaints are being resolved by the UP Salisah system and only 2 complaints were found pending. They refers that the people in char-land areas depends on the complaints resolution process because:

- it requires no money, - It doesn’t bear any hassle in the

resolution process, - It promotes win-win situation

among both parties, - It saves the time,- It facilitates mutual agreements and

trust.

During discussion with ultra-poor groups and civil society action groups, they noticed that UP Salish system is functional in Char-land areas but the formal village court system is not visible here. As the people have very limited scope and access to formal justice system, they mostly rely on the judgment of UP Salish to resolve their complaints and issues.

Table-1: Existing status of reported complains in the UPs (May to December, 2013)

Trends of violations Name of Unions  

Belkuchi Porjana Khash-kawlia

Khashpukhuria Maijbari Total

Family matter & conflicts 2 1 - 2 5Land matter 1 4 11 4 1 21Dowry - 5 - - 1 6Forceful marriage - 1 - - - 1Divorce - 1 - - - 1Dower and Maintenance - - 5 - - 5monetary Matter - - 6 - 6Restitution of conjugal rights

- - 2 - 1 2

Total complaints = 47

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Chapter ThreeEXISTING STATUS OF REPORTED CASES IN THE POLICE STATION

2.0 Introduction

This chapter is analyzed the reported cases of the people in the five police stations. The information of recorded cases is the presented in line with specific nature of violence to inform the audience to search future actions.

3.1 Sirajganj Sadar Police Station:

The findings of reported cases reveal that total 76 cases were recorded in the S. Sadar police station. Off them, 24 cases were related to kidnapping, 22 dowry, 20 rape, 4 sexual exploitation, 2 acid throwing and 1 rape after kidnapping, murder after rape, death for dowry and trafficking respectively (figure-2). The status also refers that police submitted charge sheet as response to 29 cases, 22 under the investigation and 25 final reports to court (FRT) including 1 with forensic report.

According to status, total 83 people were accused under the 76 reported cases. But there was no information about the arrest of accused.

Figure-2: Total reported cases in the S. Sadar Police Station (May-Dec. 2013)

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3.2 Belkuchi Police Station

The findings of reported cases reveal that total 15 cases were recorded in the Belkuchi police station. Off them, 8 cases were related to rape, 3 dowry, 2 acid throwing and 1 kidnaping and sexual exploitation (figure-3). The status also refers that police submitted charge sheet as response to 8 cases, 6 under the investigation and 1 under the faming of issue (by court order).

According to police records, total 17 people were accused in the reported cases but there was no one arrested under the cases.

Figure-3: Total reported cases in the Belkuchi Police Station (May-Dec. 2013)

3.3 Shahjadpur Police Station:

The findings of reported cases reveal that total 34 cases were recorded in the Shahjadpur police station. Off them, 12 cases were related to kidnapping, 11 dowry, 7 rape, 3 sexual exploitation and 1 rape after kidnaping (figure-4). The status also refers that police submitted charge sheet as response to 13 cases, 15 under the investigation and 6 under the faming of issue (by court order).

According to police records, total 7 people were accused in the reported cases but there was no one arrested under the cases.

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Figure-4: Total reported cases in the Shahjadpur Police Station (May-Dec. 2013)

3.4 Chowhali Police Station:

The information of Chowhali police station demonstrates that total 4 cases were recorded during last eight months (May-December, 2013). Off them, 3 were recorded as rape cases and another one as kidnaping case (figure-5).

According to police records, police submitted charge sheet for 3 cases and final report to Court for 1 case. Total 8 people were defined as accused in the recorded cases.

Figure-5: Total reported cases in the Chowhali Police Station (May-Dec. 2013)

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3.5 Kazipur Police Station:

The information of Kazipur Police station reveals that total 12 cases were reported and off them dowry issues were the highest prevalent case (8 cases), followed by 2 rape cases, 1 sexual exploitation and 1 kidnaping cases (figure-6).

According to police record, police submitted charge sheet for 3 cases, final report (FRT) for 2 cases, 6 under the investigation and remaining 1 as dismissed. Under the 12 reported cases, 8 people were defined as accused but there were no found any information about the arrest of the accused.

Figure-6: Total reported cases in the Kazipur Police Station (May-Dec. 2013)

3.6 Comparative status of reported cases in five Police stations:

The comparative status of the reported cases clearly refers that the highest number of cases (76 cases) were recorded in the Sirajganj Sadar police station, followed by Shahjadpur (34 cases) and Belkuchi police station (15 cases).

During discussion with char-land people, the noticed the following issues for low reporting of their incidences to police station:

a) Vulnerable people are often located in remote area, which is 2-3 km far from police station (particularly Chowhali and Kazipur police station). So visiting police station for reporting of their cases is always difficult and costly.

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b) Vulnerable people, particularly women have fear feeling about the threat of powerful perpetrators to be silent.

c) Inadequate response and initiative of police officials to report the incidences of the vulnerable people.

d) Perception of people that police cases always goes in favor of rich and powerful people.

Figure-7: Comparative status of reported cases in the police stations (May-Dec. 2013)

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Chapter Four

COMPARATIVE FINDINGS

4.0 Introduction

This chapter presents a comparative finding of the reported complains and cases related to human rights violation in the UPs and police stations during last 8 months (May to December, 2013).

4.1 Comparative Findings:

The findings of reported complaints of UPs and 5 police stations total 188 complaints and cases are recorded during last 8 months (May to December, 2013). Off them, 47 complaints reported to UPs and remaining 141 cases recorded to five police stations of Sirajganj district (figure-8).

Figure-8: Total reported complaints and cases during last 8 months (May to Dec. 2013)

If we observe the status of reported complaints in the UPs, it is found that land matters and conflicts are the highest reported issues, followed by dowry, family matters and dower & maintenance issues (table-2).

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Table-2: Comparative features of the reported complaints in the UPs

Reported complaints in the UPs Total

Land matter 21Dowry 6Monitory Matter 6Family matter 5Dower & Maintenance 5Restitution of conjugal rights 2Forceful marriage 1Divorce 1Total 47

The discussion with char-land people reveals that they noticed that they have to face frequent flood, river erosion and other natural disaster that often forces them to displace from their habitual places. Most often the displaced or newly settled people face to face land conflict and disputes in relation to land that turns into a complaint. As the UP is a key local institution, the people prefers to go to the UPs. After that the UP representatives take initiative to resolve the matters with mutual agreement through Salish process. The dowry and family matters are also a concern in Char-land areas that reported to the selected UPs. The UPs followed similar mechanism to resolve it.

When the team discussed with char-land people, particularly women, they noticed a numbers of issues and incidences. These are as follows:

o family matters including wife beating,

slapping, using vulgar words, humiliation, quarrelling between husband and wife, second marriage of husband;

o Pressure for dowry;

o Early marriage;

o Dower & maintenance

o Landlessness;

o Pressure of powerful people

o Exclusion from governmental safety net

o Restriction on mobility etc.

They also noticed that they don’t know where and how they will report their complaints and cases. A large section of women mentioned that they don’t feel interest to report their incidence considering the future of their children, social stigma and family pressure. The family and social context often keep them silent. Women mostly prefer to report their issues and complaints verbally to women UP members for seeking solution. Sometimes they become victim of Fatwa in respect of dissolution of marriage. If they protect to the

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perpetrators they again become victim of eve-teasing. They do not get VGF card and very few people do marriage registration in Kazi office. They know the marriage registration process but they do not officially register their marriage.

Table-3: Comparative features of the reported cases in the police stations

Features of reported cases in the police station 

Name of Police StationsTotalBelkuchi Sadar Shahjadpur Chowhali Kazipur

Dowry 3 22 13   8 46Rape 8 20 6 3 2 39Kidnapping 1 24 12 1 1 39Sexual exploitation 1 4 2   1 8Acid throwing 2 2       4Rape after kidnapping 0 1 1     2Murder after rape 0 1       1Death for dowry 0 1       1Trafficking 0 1       1Total 15 76 34 4 12 141

The feature of reported cases reveals that total 141 cases recorded in the five Police Stations. The highest cases are reported as related to dowry (46 cases), followed by 39 rape cases, 39 kidnapping and 8 sexual exploitation (table-3).

According to police information, dowry is defined as the most important problem in Char land area. It relates with various social problems and conflict. Due to extreme nature of poverty, the bride family members always demands dowry at the time of marriage for improving their livelihood and marital expenditures. When the groom family failed to fulfill the dowry demand, it creates another problem for the newly married women. The problems are often turning into family conflict and result in severe torture and certainly death.

Rape and kidnapping is another major problem in Char-land areas. People noticed that when the whole family takes shelter of another family due to their displacement in emergency situation, the unmarried girls or teenage girls becomes the victim of rape and kidnapping. Most often the victim family forces to resolve the issue through a mutual arrangement with the influence of powerful perpetrators and thinking future and security of the victim. Only few cases report to the police. The analysis of police cases clearly noticed that the police officials mainly applied three basic laws, which are given below:

- “Women and Children Oppression (Prevention) Act, 2000 (amendment 2003), - The penal code, 1860 (section, 143, 440, 323,324, 307, 300, 302, 427), - Acid Crime Prevention Act, 2002 (section-5 & 7). ]

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4.2 Compare with Other sources of information:

According to recently published report of the district Human Rights Forum, Sirajganj2, total 144 cases are recorded as issues related to violence against women in 2013 (figure-9). The status reveals that rape is the highest occurring incidence in Sirajganj district, followed by murder (27), physical torture (23), suicide (19) and sexual exploitation (9).

Figure-9: Nature of violence against women in Sirajganj District in 2013.

On the other hand, the overall status of crimes and human rights violation is very alarming in Sirajganj district. Total 462 incidences were reported in 2013 and off them 144 incidences were directly related to violence against women issues. The comparative status between 2012 and 20133 also reveals the increasing trend of rape, dowry and acid throwing that requires more attention in reducing the trend of human rights violation issues.

2 Page 53 of the Human Rights Situation, 2013, produced by the Humna Rights Forum, Sirajganj3 Page 14 of the Human Rights Situation, 2013, produced by the Humna Rights Forum, Sirajganj

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Chapter Five

SUGGESTION AND CONCLUSION

5.0 Introduction:

This chapter demonstrates a numbers of suggestions of the char-land people, police officials and UP representatives as way forward to advance people’s access to legal system and justice.

5.1 Proposed suggestions of the Char-land people:

During discussion with char-land people, particularly the UPG and CSAG members they proposed a set of suggestions for resolution of local problems. These are as follows:

o Provide more knowledge and information on legal proceedings and ways to seek

of justice;

o Activation of the village court in char-based UPs;

o More awareness prevailing issues, such as: early marriage, dower & maintenance,

impact of dowry, torture so that people can be alert and sensitized;

o Need inclusion of most vulnerable families, particularly women with the

alternative livelihood options so that they can overcome their family poverty;

- The UPG and CSAG members should be well equipped with advance knowledge on the legal issues related to the Muslim Family Ordinance, 1985 and the Domestic violence act, 2010, the women and children oppression (prevention) act, 2000 (amended in 2003) and the Acid Control Act, 2012 along with legal aid support provisions.

5.2 Proposed suggestions of the Police officials:

During discussion, the respective police officials proposed a set of suggestions for resolution of local problems. These are as follows:

o Arrange training for the police officials on village court and human rights issues;

o Need more sensitization of local people to improve their confidence in reporting of

their cases (to police station);o Need more interaction between the police officials and char-land people to create

trustful working relations.

5.3 Proposed suggestions of the UP representatives:

During discussion, the respective UP representatives proposed a set of suggestions for resolution of local problems. These are as follows:

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o Requires the technical support in updating the complaints recording formats/registrar.;

o Organize a comprehensive workshop to make them well-equip and knowledgably in

filing complaints, maintain records, delivering notice to opposite parties and setting of dates for mediation.

5.4 Challenges

During fact-finding reporting and collecting information from the sources, the team defined a numbers of challenges, which are as follows:

o UPs are not using any prescribed format and registrar for recording of the complaints;

o No records on reported complaints are found in 25 UPs that hindrance the process of

fact-findings reporting;o UPs resolved a numbers of cases (through Salish and mutual arrangement) based on

verbal complaints;o UP don’t make any investigation on the reported complaints, they mostly depends on

the facts of verbal complaints in resolution process. o When the complainants displaced from their inhabitants (due to natural disaster), UPs

are being unable to find out the valid address of both parties. o According to police officials, there are some cases initially reported as kidnapping

case (that often relates with the affairs of teenage boys and girls and their love marriage without any evidence) but after returning of teenage boys and girls in the bride family, the case turn into a dowry case (due to pressure of teenage boys), and in such kind of cases the police officials faces problems in application of the appropriate section of laws.

o Police officials also noticed that sometimes the parents of raped girl files the case as

rape case then the parents arrange the marriage with that perpetrator (due to social pressure and mutual process), it often creates difficulties for the police officials to investigate the case and submit the FIR in time.

5.5 Conclusion

In conclusion, we can say that the problems are diverse and interlinked with a numbers of issues. In spite of difficulties, the people in char-land areas mostly depend on the response of the UP representatives and police officials to seek justice in relation to their complaints and cases. A large section of people in char-land areas are not well aware on their rights and legal proceedings to report their issues and complaints in the respective institutions. They need special support to improve their legal knowledge and confidence to raise their concerns and at the same time the institutional authorities should have to be more responsive to serve the people, who are in problems. It requires working together for a wider impact on the whole char-land communities.

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