The Role of Indigenous Communities in Environmental Conservation in Bangladesh: A Legal Analysis

Indigenous communities drive efforts to address climate change and safeguard natural resources. Around the world, Indigenous people depend on their land and forests for food, water, medicine, and to preserve their own culture. The well-being of indigenous peoples is inextricably tied to a healthy habitat. Indigenous peoples often have a special relationship with their land and territory. For Indigenous Peoples, it is not merely about material ownership of the land, nor is it a matter of being productive as the dominant society would like to see them, but rather a holistic approach that includes spiritual aspects regulating one's relationship to place, which they must fully reflect on. This link is also crucial for ensuring the protection of their cultural heritage and its transmission to future generations. Indigenous peoples are vulnerable to environmental damage and displacement since their livelihood and culture depend on their territory. The Constitution of Bangladesh expressly states that it shall be a fundamental responsibility of the State to protect and improve the environment and to preserve and safeguard natural resources, wetlands, forests, and wildlife for the present and future generations (Article 18A). This paper aims to review the existing environmental legislations and assess the effectiveness of their provisions in ensuring environmental justice for indigenous communities. This paper will also highlight the legal barriers preventing indigenous people from exercising their ecological rights. Simultaneously, it will offer recommendations that could open up pathways for indigenous peoples in Bangladesh to access environmental justice.