BANGLADESH: Government fails to protect the right to food and environment from illegal sand extraction in Mayadip island of Sonargaon 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the villagers living on Mayadip Island, Narayanganj district have been deprived of their right to food as a result of sand extraction by a private company, Micro International since July 2010. The governmental authorities have failed to prevent the company from extracting sand illegally due to pressure from the ruling politicians. Several groups of homeless or nomadic communities were rehabilitated in Mayadip Island by the government and started fishing for their livelihood. However, the government has not provided other basic facilities such as safe drinking water, public health care, and educational facilities after relocating the people. Even worse, ongoing illegal sand extraction threatens food insecurity and environment as the island is being eroded. Two other neighbouring islands, Nalchar and Ram Prasader Char have already been eroded and many villagers were forced to leave the island as two third of the islands were degraded. The villagers of Mayadip Island suffer from hunger earning less than one USD per day. They have made several complaints about illegal sand extraction and their difficulties to the administration. Despite some positive action by the administration and the stay order of high court, the company allegedly from time to time comes to a location nearby the island for sand extraction. The company further filed false cases against the villagers who protested against the illegal sand extraction at two different police stations. The police have failed to conduct thorough and impartial investigations into those false cases.

CASE NARRATIVE:

Mayadip is an island in the Meghna River, one of biggest rivers of Bangladesh, under the jurisdiction of Sonargaon upazilla (sub-district) in Narayanganj district. In 1983, the government relocated several groups of homeless people, including fisher folk, from different areas to Mayadip Island to settle there. Mayadip Island is about an hour away from the mainland by boat.

Since July 2010, a private company, Micro International owned by a group of politically influential persons of the Narayanganj and Comilla districts, started extracting sand from Mayadip, Nunertek islands and Badyerbazar villages of Narayanganj district without any legal permission from the district administration. It is alleged that a former Assistant Commissioner of Land of the Sonargaon Upazilla Administration supported the company to commit illegal extraction.

The company earlier had extracted sand in the neighbouring islands, Nalchar and Ram Prasader Char of Comilla district resulting in a miserable situation that two third of each islands had already submerged into the Meghna River. The administration had issued a lease for sand extraction in Badyerbazar to the company but failed to monitor the island erosion. Despite the fact that the administration did not give any lease for Mayadip and Nunertek islands, the company gave false information to the villagers of Mayadip that they had received permission from the administration to extract sand at the Nunertek sand extraction point. Subsequently, the company extracted sand 24 hours every day.

In September 2010, the villagers of Mayadip Island made a written petition to the Upazila Nirbahi officer (UNO; sub-district executive officer) and Assistant Commissioner (AC) of Land, who was in charge of the land issue. The petitioners demanded that the company should not come too close to the island for sand extraction as the villagers observed that the island had started eroding into the Meghna River. The national and local media paid attention to the issue and publicized several reports criticizing the local administration.

The AC of Land, who initially cooperated with the company, visited Mayadip Island according to the instructions of the higher authorities. The AC of Land gave a public order that the company must not to come close to the Mayadip island for sand extraction. However, he did not take into account the fact that the company did not even have legal right to extract sand, allowing the company to continue the illegal sand extraction within the boundary. After this order, the company did not extract sand for a few days but restarted coming beyond the boundary only after midnight, which the villagers observed.

In early October, the villagers made a verbal complaint to the Deputy Commissioner (DC) of Narayanganj district. Subsequently, he visited Mayadip on October 17 and saw the plight of the villagers who submitted a written complaint with 1,000 signatures to the DC. He announced in public that the company has never been given the license to extract sand from Mayadip. He officially formed a 21-member-committee to protect the two islands from illegal sand extraction. The DC asked the villagers to monitor illegal sand grabbing by any means and assured that the administration would always be with the villagers.

On the following day, however, the administration officers led by the AC of Land came to the island to make a geographical boundary to mark the point that the company must not cross. Yet, a couple of days later, the company broke the border and intruded into the prohibited area of the island to extract sand after midnight on regular basis. Whenever the villagers made further complaints to the local administration, no action was taken against the company.

On 9 December, the constant sand extraction resulted in the bank of the island sliding into the Meghna River. Some part of Mayadip and Nunertek islands had eroded. Despite the resistance, the villagers were not able to stop the illegal sand grabbing. When going to bed at night, the villagers could see their land, but when they wake up the next morning, they more and more of the river instead.

On 10 December, the villagers including women and children came out in protest against the illegal sand mining. The protestors damaged the company’s boats and dredgers and captured four of the sand grabbers, who were later snatched by a group of gunmen of the company.

On the same day, Mr. Sharif, a staff of Micro International filed a fabricated case with the Sonargaon police station in Narayanganj district, accusing 12 villagers and about 20-25 unidentified villagers. The complaint alleges that the villagers illegally attacked the sand grabbers who have legal rights to dredge the river through a governmental lease, which was not true according to the DC of Narayanganj district.

Mr. Milon, another hired man of Micro International, a resident of Tulatoli village of the Meghna police station under the jurisdiction of Comilla district, filed another fabricated case with the Meghna police against 14 individuals and some 20-25 unidentified villagers of Mayadip. It was alleged that the police of Sonargaon and Meghna police stations registered the fabricated cases upon receiving bribery from the company and pressures from the ruling political party.

The villagers launched the campaign against sand extraction and fabricated cases. On 12 December, environmental rights activists of Save the Environment Movement (POBA) submitted a memorandum signed by around 5,000 people of Mayadip and Nunertek islands regarding sand-grabbing and corruption of the police. Copies of the memorandum were sent to the Prime Minister, the Home Minister, and the Inspector General of the Bangladesh Police demanding immediate action regarding the matter.

Due to the fabricated cases against the villagers, the villagers find it difficult to go to the mainland for work and buying their daily necessity such as rice, vegetables and other items. They cannot go to the mainland markets to sell their fish. In addition, they are scared of being arrested as the police of Sonargaon of the Narayanganj district and Meghna of Comilla district both have taken the side of the sand-grabbers. After campaign and protest, the Micro International removed their dredgers from near the islands.

On 20 April 2011, the government made a public notice on newspaper regarding areas leased for extracting sand in Nunertek and Mayadip islands. The villagers had feared that the Mayadip and the Nunertek islands would face serious erosion and lose variety of fishes in the near future that will ultimately cause food scarcity for around 12,000 villagers. They also feared that the ecological system will be seriously damaged, as an immediate consequence of extraction of sands. The villagers filed a writ petition at the High Court Division of the Supreme Court of Bangladesh against the government’s advertisement for lease. On 26 April, the Court issued a stay order stating that there should be no lease threatening the villagers. However, even after the stay order, it is observed that the company from time to time comes closer to the island for illegal sand extraction. Whereas, the AC of land was promoted and transferred to another area before the stay order of high court.

On the other hand, those who are charged in the two fabricated cases confront difficulty to manage their daily life. The Meghna police have not yet conducted a proper investigation of the case but have submitted a fabricated investigation report to the Judicial Magistrate’s Court of Comilla district in compliance with the complaint made by the sand-grabbing company. The alleged accused persons of the two cases have to go to the courts every month for which, in one hand, they have to bear transportation fee, food and legal fees while on the other, their families face hunger. Given the fact that most of the villagers live with one USD per day, it corners them to the extremely poor condition.

BACKGROUND INFORMATION:

According to the governmental policy called Guchhogram (climate victim’s rehabilitation project) launched in early 1980s, the government provided the relocated families with land for housings as well as cultivation. The government, however, has not provided any public facilities such as safe drinking water, electricity, public schools, and public health care institutions in Mayadip island till today.

Mayadip is divided into three parts; Guchchhogram, Sabujbag and Raghunar char. According to a survey conducted by Subornogram Foundation, a local organization working on education, healthcare and environmental issues in August 2011, the total population of Mayadip is 1109. Among them male population is 416, female population is 335 and the children are 358. About 97 percent of the total population lives below the poverty line. Many families survive on less than a dollar per day. There is no public school for the children except one primary school operated by Subornogram Foundation since 2007, which accommodates around 100 children per year.

Accordingly, illiteracy rate is very high and lack of proper transportation to the mainland further contributes it. Most of the villagers are engaged in fishing in the Meghna River and cultivate some potato or vegetables in highly limited land but hardly cultivate rice. They go to the mainland to sell fish and buy other food items like rice or Dal. They always suffer from lack of nutrition, in particular the women and children.

ADDITIONAL COMMENTS:

According to the Balumahal and Soil Management Law 2010, the government bans extraction of sand, mud and soil within one kilometer of installations including bridges, culverts, dams, barrages, roads, forest, rail tracks and human settlements. If anyone extract soil and sand near any of these installations without due authorization, they would be punished maximum two years imprisonment and minimum 50, 000 BDT (691 USD) to maximum one million BDT (13,820 USD) fine.

When the law was proposed and passed in parliament, the government stated that there should be inquiries about the sand that have been already leased out amounting of 50% of total area. The law clearly states that no one can extract sand without lease. In addition, extraction of underground sand or soil in riverbed using motor pumps or through dredger is banned. However, as proved in this case, the Ministry of Land who has the authority to lease out sand failed to conduct proper investigation into this case and punish the company who committed illegal sand extraction.

The company has been infringing the law while extracting sand from different islands including Mayadip as it damaged two other islands, which were seriously degraded, whereas the government failed to enforce the law to protect the villagers and environment. Instead, the government put an official notice to lease the lands including Mayadip island area for sand extraction. Bangladesh is also legally obliged to the international human rights laws.

SUGGESTED ACTION:
Please write to the letter to the government listed below to express your concern about the villagers of Mayadip and Nunertek who currently face food insecurity and serious environmental issues caused by construction company, Micro International. Please be noted that the government failed to conduct an investigation and punish the company who committed illegal sand extraction.

The AHRC will write a separate letter to the UN Special Rapporteur on the right to adequate food.

To support this case, please click here: SEND APPEAL LETTER