SUB-REGIONAL OVERVIEW: SOUTH ASIA
SUB-REGIONAL OVERVIEW: SOUTH ASIA
The CERD Committee highlighted the issue of lack
of identity documents among Gypsies (Roma) in
Pakistan, which has resulted in their lack of access to
“employment, social protection benefits, health-care
services, education and other public services”.
gender equality in nationality laws, expand the
interpretation of Pakistan’s jus soli provision, and
to ensure equal implementation of its citizenship
laws to prevent statelessness among Bengali,
Bihari, Rohingya and other stateless groups.2337
vulnerable to abuse, trafficking, and religious
radicalization.2328 The CRC Committee was also
concerned about children from Bengali, Bihari,
and Rohingya communities who remain stateless
and about the “lack of a legal framework for
refugees and stateless persons”.2329 Pakistan
was recommended to adopt a national refugee
law, ensure that all children born to refugees
are registered at birth, include such children
in national and provincial education systems,
and “ensure the equal implementation of its
citizenship laws to extend citizenship to Bengali,
Bihari and Rohingya children”.2330
In 2020, UNHCR partnered with a national
partner in Pakistan to implement UNHCR
Pakistan’s Protection and Solutions Strategy
2019-2021.2338 The Strategy was intended to
implement interventions including improving
access to services and rights by granting Pakistani
citizenship, “sensitization of diverse stakeholders”,
and advocating for Pakistan to accede to
the Statelessness Conventions.2339 These
interventions included providing legal advice to
affected individuals on how to acquire identity
documentation.2340 As a result, a significant
number of people have been able to obtain identity
documentation.2341 However, Pakistan has yet to
accede to the Statelessness Conventions.
TABLE 60
Reported stateless persons to the UNHCR
Country
Pakistan
2019 (year start)2347
2020 (year end)2348
2021 (year end)2349
2022 (year end)2350
–
–
47
55
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
The CERD Committee highlighted the issue
of lack of identity documents among Gypsies
(Roma) in Pakistan, which has resulted in their
lack of access to “employment, social protection
benefits, health-care services, education and
other public services”.2331 The Committee further
recommended that Pakistan provide information
on the situation of this population in its next
periodic report.2332
In its concluding observations in 2020, the
CEDAW Committee expressed concern regarding
the extra conditions placed on Pakistani women
conferring citizenship to a foreign spouse
compared to Pakistani men.2333 The Committee
recommended that Pakistan amend section 10
of the Citizenship Act to ensure gender equality in
nationality laws2334, which Pakistan is obligated
to under its ratification of CEDAW.2335 It was
further recommended that Pakistan accede to the
Statelessness Conventions.2336
In a joint UPR submission made in 2023, the cosubmitters also recommended that Pakistan
accede to the Stateless Conventions, as well as
amend section 10 of the Citizenship Act to ensure
210
These interventions included providing legal
advice to affected individuals on how to acquire
identity documentation. As a result, a significant
number of people have been able to obtain identity
documentation.
Population
Reported stateless persons
There is a lack of reliable statistics on the
stateless population in Pakistan as estimates by
government agencies vary widely.2342 Pakistan
reported a population of 55 stateless persons to
UNHCR in 2022.2343 Statelessness is prevalent
among ethnic Bengalis, Afghan refugees, Urduspeaking Biharis and Rohingyas2344, with unofficial
stateless population estimates contrasting greatly
from the government-reported number at as high
as 3 million people (comprising approximately 2
million ethnic Bengalis and as many as 1.4 million
Afghan Refugees).2345 Pakistan also hosts a large
number of undocumented persons, of which many
are stateless or at risk of statelessness.2346
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Persons at risk of statelessness
The Hazara ethnic minority community in Pakistan
has previously faced discrimination in receiving
passports.2351 However, in 2023, the Supreme
Court, as a response to growing protest from the
Hazara community ruled that all children born in
Pakistan have the right to citizenship by birth.2352
Previously, the Hazara community were required
to get a signature from a member of the National
Assembly in order to be issued a passport.2353 Over
6 million people of the Hazara ethnic group reside
in Pakistan.2354 The Gypsy (Roma) community may
also be at risk of statelessness in Pakistan due
to lack of identity documentation and access to
services.2355
Both Rohingya and Afghan refugees have been
excluded from efforts to provide Pakistani
citizenship to stateless persons.2361 Afghan
refugees in Pakistan have experienced
harassment and discrimination as well as a lack of
citizenship rights in Pakistan.2362 As many Afghan
refugees arrived in Pakistan decades ago, much of
the population is experiencing intergenerational
statelessness and have been born and raised
in Pakistan.2363 However, limited research is
available on the current status of Afghan refugees
in Pakistan.2364
Both Rohingya and Afghan refugees have been
excluded from efforts to provide Pakistani citizenship
to stateless persons.
Stateless Refugees
Undetermined nationalities
In 2021 Pakistan reported 47 stateless refugees
to UNHCR.2356 However, this figure sits far below
reported estimates by independent bodies and
journalists of between 55,000 and 500,000.2357
A recent statement by a spokesperson for the
Pakistani Foreign Office suggested that as
many as 400,000 Rohingya refugees may be in
Pakistan.2358 A joint UPR submission for Pakistan
highlighted that around 400,000 to 500,000
Rohingya refugees have been reported in the
country.2359 Much of the Rohingya population in
Pakistan have been impacted by the separation
of east and west Pakistan and the subsequent
creation of Bangladesh.2360
Bengali speaking and Bihari communities hold
an uncertain status in Pakistan, with limited
information available on their citizenship status.
The community largely consists of persons
repatriated to Pakistan following Bangladeshi
independence (and their descendants), some of
whom hold passports and documentation, yet
continue to face discrimination and exclusion.2365
An estimated 3 million Bengali speakers are
living in Pakistan, but 70-80% do not hold any
identity documentation.2366 The population had
been provided with manual ID cards since 1973;
however, in the process of digitization of civil
registration in Pakistan, Bengali speaking and
Bihari individuals were registered as ‘aliens’.2367
While registered as ‘aliens’, they are often denied
citizenship under the previous interpretation of
Pakistan’s jus soli provision.2368 While the National
Assembly has promised to provide legal status to
In 2021 Pakistan reported 47 stateless refugees to
UNHCR. However, this figure sits far below reported
estimates by independent bodies and journalists of
between 55,000 and 500,000.
REPORT 2024
211
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